Builders of large dwellings, commonly referred to as “monster homes,” on Oahu may be subject to substantial fines under a proposed bill being considered by the city. The Honolulu Planning Commission has voted to recommend the adoption of this measure, put forth by the city’s Department of Planning and Permitting, which aims to amend the city’s Land Use Ordinance.
Unlike similar legislation currently under consideration by the City Council, this bill focuses solely on implementing higher fines, making it easier to enforce. Builders who violate city laws related to development standards, such as maximum heights, setbacks, floor-area ratios, or the number of permitted bathrooms based on dwelling size, could face initial fines of up to $25,000, along with daily fines of up to $10,000 per violation.
The draft bill states that the current penalty of $250 per day, up to a total of $2,000, is insufficient to deter monster home developers. The Department of Planning and Permitting incurs expenses in auditing, revoking permits, and defending these actions, necessitating a higher fine.
The purpose of the proposed ordinance is to provide a more effective deterrent and penalties for developers who supply incorrect information on plans or convert rooms for multi-family use during or after construction. Violations would occur if false information is provided by applicants, plan makers, architects, or engineers on building permit applications.
DPP officials believe that this proposed bill will have a significant impact on addressing the issue of monster homes. It increases fines for large dwellings that are not built according to plans or without proper permits. The City Council is also reviewing another bill that explores additional ways to enforce compliance with the Land Use Ordinance and prevent violations.
Existing laws, including three separate city ordinances adopted between 2018 and 2021, have not effectively mitigated the problem of monster home developments. The Council is currently considering Bill 44, which aims to discourage false statements to city planners by imposing penalties such as fines, jail time, or community service for violators. Some Council members have suggested including demolition of discovered monster homes as a requirement.
However, the director of DPP, Dawn Takeuchi Apuna, points out that Bill 44 may face challenges due to existing state law. Instead, the proposed Land Use Ordinance amendment to increase fines offers a more feasible and tailored option for addressing the issue.
Increasing fines under the proposed bill is expected to act as a deterrent against monster home development. Similar to the fines imposed for short-term rentals, the higher fines send a clear message that disregarding monster home requirements is not worth the cost.
Enforcement of the proposed measure would involve adding the higher fines to the Notice of Violation and Notice of Order. It is a straightforward administrative process that does not require additional evidence gathering or involvement of the city Department of the Prosecuting Attorney for criminal penalties.
If fines are not paid, the city can place liens on properties. However, Takeuchi Apuna believes that the significant fines will yield better compliance, as seen with the response to fines for short-term rentals.
While DPP has previously filed complaints with the state Department of Commerce and Consumer Affairs against architects, engineers, or contractors who violate monster home laws, the response has been limited. By utilizing fines, DPP can have more authority and prompt a better response.
No public comments were made on the proposed bill during the meeting. DPP remains committed to tackling the issue of monster homes and has already revoked 15 monster home permits since January. The department closely monitors plans that approach the floor area ratio thresholds for monster homes. The proposed increase in fines serves as a warning to developers that there are severe consequences for disregarding laws aimed at protecting residential neighborhoods.
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