HOUSE OF REPRESENTATIVES	H.B. NO.	1990
THIRTY-THIRD LEGISLATURE, 2026		H.D. 2
STATE OF HAWAII		S.D. 1

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 residential 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:

(1) 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 satisfaction of the county planning or permitting agency and within the agency's specified time frame, shall be fined a minimum of $1,000 per day and subject to a lien if the fines exceed $20,000; and

(2) If the property owner does not satisfy the notice of violation and commence remediation of the violation within thirty days of notice, the applicable county planning or permitting agency shall record the notice of violation as a lien on the property with the bureau of conveyances, which shall refer the matter to the applicable county corporation counsel to foreclose the property within thirty days after the agency records the notice of violation, subject to certain conditions.

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 residential real property zoning violations. (a) The penalties for a violation of any county zoning ordinance, rule, or regulation shall be as follows:

(1) An owner of residential real property who fails to remediate all conditions that gave rise to the issuance of a notice of violation, to the satisfaction of the county planning or permitting agency 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 residential real property exceed $20,000, then the notice of violation shall constitute a lien upon the residential real property; and

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

(A) Satisfy the notice of violation specified in paragraph (1); and

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

then the applicable county planning or permitting agency shall record the notice of violation with the bureau of conveyances without delay. The notice of violation shall identify the owner, violation, and amount of the fine owed and unpaid. The recorded notice of violation shall be deemed a lien on land registered in the land court under chapter 501.

(b) Within thirty days after the applicable county planning or permitting agency files the notice of violation at the bureau of conveyances, the bureau of conveyances shall refer the matter to the applicable county corporation counsel to foreclose the property pursuant to part IA or part II of chapter 667; provided that the county shall sell the property at no less than the market value of similar properties; provided further that revenues received from the sale that exceed the amount of any liens, penalties, and costs to the county for related actions, shall be refunded to the property owner."

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 on July 1, 3000.

Report Title:

Counties; Bureau of Conveyances; Residential Real Property; Zoning Violations; Penalties; Fines; Liens; Foreclosure

Description:

Establishes penalties, including fines and liens, for an owner of residential real property's failure to remediate zoning violations. Requires, under certain conditions, county planning or permitting agencies to record the notice of violation as a lien on the property with the Bureau of Conveyances. Requires referral to the applicable county corporation counsel for foreclosure, subject to certain conditions, if the owner fails to satisfy certain conditions. Effective 7/1/3000. (SD1)

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