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HI HB2853
Bill
Status
1/25/2012
Primary Sponsor
Jessica Wooley
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AI Summary
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Adds new section 205 to Hawaii Revised Statutes establishing citizen suits, allowing individuals aggrieved by violations of land use laws to bring civil action in circuit court and recover attorneys' fees and costs if they prevail.
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Expands Land Use Commission enforcement authority to directly enforce use classification districts and restrictions on agricultural lands, issue violation notices, hold hearings, and enter orders; previously this authority was limited to reporting violations to county officers.
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Grants Land Use Commission power to investigate alleged violations, conduct property inspections with 5 days' notice, hold public hearings, and delegate enforcement duties to county zoning officers or other appropriate agencies.
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Establishes administrative fine structure: up to $1,000 for first violations, $3,000 for second violations within 6 months, and $5,000 for third or subsequent violations within 5 years; violations of agricultural district restrictions carry fines up to $5,000.
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Allows Land Use Commission to pursue legal action to recover administrative fines, fees, costs, and attorneys' fees; requires 60-day cure period before citation issuance and allows six months to remedy violations before new separate citations.
Legislative Description
Land Use Commission; Restriction on Use; Condition; Enforcement
Last Action
(H) Referred to WLO, JUD, FIN, referral sheet 9
1/27/2012