No-permit grading
is a no-no on Kauai
LIHUE >> Kauai developers who fail to get county permits will face tougher penalties under a new county law.
In response to developers preparing land for upscale homes without permits, the Kauai County Council yesterday increased the criminal penalty for grading without a permit to a full misdemeanor with a penalty of up to a year in jail.
Mayor Bryan Baptiste is expected to sign the bill.
The previous law classifies grading without a permit as a petty misdemeanor with a 30-day jail sentence. The new law also adds new civil penalties, allowing fines of up to $10,000 a day for violations.
The law removes the discretion of the county engineer to decide whether to seek criminal penalties. Under the law, if anyone is cited for illegal grading and continues work on the site, the case must be turned over to the county prosecutor.
The overhaul of the law is the first major piece of legislation passed by the current Council, which took office 10 months ago. The ordinance was introduced by the previous Council as a response to a mudslide caused by unpermitted grading on Kauai's north shore by retired Oahu auto dealer Jimmy Pflueger.
The final version is not as tough as previous drafts. Provisions that would have allowed the county to seize grading equipment used in unpermitted operations were stripped from the bill following complaints from contractors and heavy machinery rental companies.
