The purpose of this Article is to establish the policy for granting revocable permits for the use of County real property. Such revocable permits shall be granted pursuant to competitive bidding procedures, except as provided for hereunder.
(Ord. No. 445, February 15, 1983)
The Finance Director may grant revocable permits approved by the County Attorney as to form and legality, without calling for public bids, when:
(a) 
The intended use does not conflict with use for immediate public purposes; and
(b) 
There is no reasonable alternative other than the use of public property; and
(c) 
The proposed use does not create a nuisance or unreasonably affect public health or welfare; and
(d) 
There is no conflicting request for use of the particular public property.
(Ord. No. 445, February 15, 1983; Ord. No. 1030, April 27, 2018)
(a) 
For use by nonprofit organizations or governmental agencies for public purposes, the rental shall be one dollar ($1.00) per month. "Nonprofit organization" is defined to mean an association, corporation, or other entity organized and operated exclusively for religious, charitable, scientific, literary, cultural, educational, recreational, or other nonprofit purposes, no part of the assets, income, or earnings of which inures to the benefit of any individual or member thereof.
(b) 
For use by others, the rental shall be the fair market rental value as established by the Finance Department, or at the option of the user, the rental shall be the fair market rental value as established by a disinterested appraiser paid for by the user and approved by the Finance Department.
(c) 
Improvements to be made by the user that will benefit the County after the permit expires may be considered in establishing the rent. However, improvements constructed shall be at the risk of the user and no damages or claims shall be payable to the user upon termination of the permit.
(d) 
When bidding is not required pursuant to Section 20-5.2, Kaua'i County Code 1987, as amended, a rental fee shall not be assessed for properties designated as a County public right-of-way.
(e) 
The user shall execute an agreement with the County specifying the terms of the use of the property and any mitigation that may be required by any of the County's agencies. For properties under the jurisdiction of the Department of Public Works, the County Engineer shall also review and approve the revocable permit.
(f) 
Unless the event is sponsored by the County of Kaua'i, each application for a revocable permit pursuant to this part shall be assessed a non-refundable application fee of one hundred dollars ($100.00).
(g) 
Revocable permits issued under this section shall be revocable on notice of thirty (30) days or less and shall not exceed a period of one year.
(Ord. No. 445, February 15, 1983; Ord. No. 1030, April 27, 2018)
All revocable permits shall provide for revocation upon fifteen (15) days written notice to the user regardless of a stated term. Such notice shall state the reason for the revocation. The Finance Director, upon approval of the County Attorney, may require such other conditions or terms as are necessary.
(Ord. No. 445, February 15, 1983)
(a) 
Any activities performed without a permit, beyond the scope of a permit, or not in compliance with a permit shall be a traffic infraction-level offense subject to the penalties and procedures provided for in Chapter 18, Article 5, and Chapter 16, Article 21, Kaua'i County Code 1987, as amended, and Chapter 291D, Hawai'i Revised Statutes.
(b) 
In addition to or in lieu of any penalties pursuant to Chapter 18, Article 5, and Chapter 16, Article 21, Kaua'i County Code 1987, as amended, and Chapter 291D, Hawai'i Revised Statutes, the Director of Finance may suspend or revoke a permit that was issued under the provisions of this Article whenever:
(1) 
the permit was issued based on incorrect information supplied;
(2) 
any activities are not being performed in accordance with the terms and provisions of the permit;
(3) 
it is determined that the permittee had not complied with this Article or any provision of any other applicable law, ordinance, rule, or regulation of the State of Hawai'i or the County of Kaua'i;
(4) 
whenever the activities are deemed unsafe as determined by the Director of Finance; or
(5) 
the circumstances under which the permit was considered have substantially changed as determined by the Director of Finance or authorized representative.
(c) 
Where a permit is suspended or revoked for any reason, there shall be no refund of any permit fee.
(Ord. No. 1030, April 27, 2018)
Within thirty (30) days of service, decisions to approve, deny, suspend, revoke, or modify a permit may be appealed in accordance with rules of practice and procedure established pursuant to Chapter 91, Hawai'i Revised Statutes.
(Ord. No. 1030, April 27, 2018)
Pursuant to Chapter 91, Hawai'i Revised Statutes, the Director of Finance may promulgate rules to carry out the purposes of this Article.
(Ord. No. 1030, April 27, 2018)