HOUSE OF REPRESENTATIVES

H.B. NO.

1990

THIRTY-THIRD LEGISLATURE, 2026

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to residential real property.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that owners of real property have certain responsibilities.  The legislature also finds that some property owners are unwilling or unable to fulfill these basic obligations.

     Accordingly, the purpose of this Act is to specify that a property owner who receives a notice of violation of any county zoning ordinance, rule, or regulation and fails to remediate the violation, to the county planning or permitting agency's satisfaction and within the agency's specified time frame, shall be fined a minimum of $1,000 per day, subject to a lien if the fines exceed $20,000, and subject to foreclosure proceedings if the property owner does not satisfy the lien and commence remediation of the violation within thirty days of notice.

     SECTION 2.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§46-     Penalties for unaddressed zoning violations.  (a)  The penalties for a violation of any county zoning ordinance, rule, or regulation shall be as follows:

     (1)  An owner of real property who fails to remediate all conditions that gave rise to issuance of the notice of violation, to the county planning or permitting agency's satisfaction and within the agency's specified time frame, shall be assessed by the agency a fine of no less than $1,000 for each day the violation persists;

     (2)  If fines assessed to the owner of real property exceed $20,000, then the notice of violation shall constitute a lien upon the real property within thirty days; and

     (3)  If within thirty days of receiving notice of the lien, the owner of real property fails to:

          (A)  Satisfy the lien specified in paragraph (2); and

          (B)  Commence and diligently conduct remediation of all conditions that gave rise to issuance of the notice of violation, to the county planning or permitting agency's satisfaction,

          then the applicable county planning or permitting agency shall commence foreclosure proceedings, judicial or nonjudicial, on the real property without delay.

     (b)  If the applicable county planning or permitting agency fails to commence foreclosure proceedings pursuant to subsection (a)(3) within thirty days, then the attorney general shall commence foreclosure proceedings without delay; provided that any moneys recovered from the proceedings shall be remitted to the applicable county; provided further that twenty per cent of the fines assessed shall be deposited into the general fund, but no attorney's fees shall be recovered.

     (c)  The attorney general shall publish cases that meet the criteria for foreclosure under subsection (a)(3) and for which neither the applicable county planning or permitting agency nor the attorney general has commenced foreclosure proceedings within sixty days.

     If neither the applicable county planning or permitting agency nor the attorney general commences foreclosure proceedings within sixty days, a private entity may commence foreclosure proceedings, judicial or nonjudicial, on the real property and shall be reimbursed in an amount of twenty per cent of the fines assessed, but shall not recover attorney's fees.  The private entity shall provide notice to the attorney general, in writing, of the private entity's interest in taking a case.  The private entity shall only commence foreclosure proceedings after the attorney general has consented and assigned the case to the private entity.

     The attorney general shall adopt rules pursuant to chapter 91 to effectuate this subsection, including rules to verify available cases and the consent and assignment process."

     SECTION 3.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Residential Real Property; Counties; Zoning Violations; Penalties; Fines; Liens; Foreclosure; Attorney General

 

Description:

Establishes penalties for an owner of real property's failure to remediate zoning violations, including fines and liens.  Permits a county planning or permitting agency or the Attorney General, or a private entity under certain circumstances, to commence foreclosure proceedings if the owner fails to satisfy certain conditions.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.