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)