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HI HB2853

Bill

Status

Introduced

1/25/2012

Primary Sponsor

Jessica Wooley

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Water, Land, & Ocean Resources1/27/2012

Full Bill Text

No bill text available