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A proposed bill aimed at cracking down on “monster homes” is considering more severe penalties for violators beyond fines and imprisonment. During a recent meeting of the Honolulu City Council’s Committee on Executive Matters and Legal Affairs, it was suggested that Bill 44 should also require the demolition of any monster homes discovered by the city.
However, the Council learned that existing state laws, specifically Hawaii Revised Statutes 710-1063, which covers false statements to authorities, could potentially override the proposed city measure in regards to lying to city officials, particularly inspectors from the Department of Planning and Permitting.
Bill 44, as it stands, aims to deter individuals from making false statements to public servants in relation to plans and permits issued by the Department of Planning and Permitting for residential building projects. The bill defines “city officials” as city employees who are responsible for conducting investigations or inspections to ensure compliance with city ordinances, rules, and regulations.
A “false statement” is defined as any statement, whether oral, written, printed, or electronic, that is incorrect, inaccurate, or not in accordance with the truth or fact.
The bill also includes penalties for those found guilty of knowingly making false statements to the Department of Planning and Permitting. Violators could face a fine of $2,000, a one-year jail sentence, or 80 hours of community service.
During the meeting, Jeremy Lam, representing the Manoa Branch of The Outdoor Circle, expressed concerns that the proposed bill would not completely prevent developers from constructing illegal structures. Lam suggested that a $2,000 fine was too lenient and that demolition should be a required solution, stating that “developers get away with murder.”
Lam also raised concerns about Council members accepting campaign contributions from developers and contractors, suggesting a potential conflict of interest in relation to overall development on the island.
Members of the Council acknowledged the need for stronger measures in any future version of Bill 44. Vice Chair Esther Kia’aina referenced a recent case involving an illegal “huge house” in Kaneohe and expressed her commitment to proposing amendments to increase penalties, including the possibility of demolishing offending homes.
The Council also discussed the need to ensure that any new measures do not conflict with existing state laws concerning lying to public officials, emphasizing the importance of getting it right before passing the bill.
After the meeting, Richmond Luzar, policy and communications director for Council member Tyler Dos Santos-Tam, confirmed that the bill would be presented at the next full Council meeting on August 9. Luzar also stated that substantive amendments would be proposed by multiple Council offices.
The bill will undergo another committee hearing on August 22.
Prior to the meeting, Dos Santos-Tam called for stronger action against “monster home” developers who provide false information on permit applications. He emphasized the need for stricter penalties, including fines, community service, and jail time.
In recent months, Honolulu has intensified its efforts to combat illegal “monster house” projects. The Department of Planning and Permitting has suspended review privileges and revoked building permits for non-compliant projects.
It is clear that there is a strong determination to address the issue of “monster homes” in Honolulu, and the proposed bill aims to strengthen measures against violators.
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