The Hawaiian gazette., 1911-06-06

nut the supervisors feel confident that
they have test Proof legislation out.
lined and that tho worst that NAV be
done 70 them will be 10 make some
amending necessary.
Objections.
The objections made BY Smith. War.
teh . hemenWay, as presented verbal.
~ NJ the hrst public meeting and sub
united IN writing last night, are not 20
TO the ordinance as a whole.
We feel, says Mr.. Warren. utbat
there is grave need of suitable build.
ing ordnance IN Honolulu. and we hope
that an invalid one will NOT he nassed -
In the written objections, this idea
is elaborated upon, as follows.
Referring 10 the bill now pending
before your honorable body, commonly
called the "building ordinance. - be.
ing entitled can ordinance relating to
/ the erection, construction, alteration.
repair and removal of buildings and
other structures in the CITY and Capntv
OF Honolulu" we desire to submit the
following points and proposed amend.
ments for your consideration:
The bill, as a whole, shows its main
purpose is TO regulate buildings and
their construction, repair, etc, under
conditions which obtain only in cities.
It's general provisions show that il is
not fitted for outside districts. and we
DO not believe there is any sound pre-
| cedent for applying or attempting to
apply such regulations outside the lin.
us of city, nor in any section where
city conditions do not obtain, for the
reason that such conditions alone fur
nish the only legal justification for
municipality assuming the power so to
regulate buildings.
city congestion and the danger of |
fire and collapse or damage to persons
or the property of Others which might |
Follow from close building, and the |
proximity of the general public. fur |
nish the conditions which alone will |
Justify municipality in marking ont
nre limits and passing regulations as to
construction of buildings within those
limits which are not applicable outside
of those limits.
1t follows, to our minds, and we en-.
terrain the opinion that it is eonstitu.
tionally the law, that unless such n
justification for such regulation EXISTS
as a matter of fact, any ordinance m,
regulation assuming to compel n nsr-
son to construct, repair or enlarge his
building according to terms and rules
for which such justification does NOT in
fact exist-as where the buildino 10
far removed from city conditions
would be void and unconstitutional as
beng an unreasonable interference,
with the right of every person to enjoy
his property as he sees fit, subject only
to the rights of others. Sucb RIGHTS
OF others, that is to say, the right of
the government to curtail his right of
enjoyment, is limited to cases where
either the public safety of persons or
property or the public health NAV be
affected.
We believe the building ordinance
under consideration should, therefore.
be limited in its operation to such parts
OF the City and County of Honolulu as
furnish conditions which it is the prov-
lnce of the municipality to regulate in
matters Of public health and safety.
That n building or howell NAV be
uhslghtIy, or cheap, or poorly Econ
stracted, affords no ground for public
interference.
We believe that it would be unreas-
enable, within the meaning of the set.
tled cases ON this constitutional point.
TO require man, rich or poor, and
especially person of limited means
desiring to build little home in some
remote country district, say in any of
tIe many raVines and valleys around Z
Ihe island, or next some taro patch in
unaIuu or Hauula, to have to comply
win any of the conditions of sections
! to IA, inclusive. 1t has been asked
what is there that is unreasonable n
OF which would occasion hardship to ,
anyone, however, poor or far removed /,
by these sections?" We tbinl, tbe ,
sections speak for themselves If NOT
we say that we believe the conrts :
would hold it unreasonable to reonire /;
such man, before he can presume ia :
build little house or make an addi.
ZION to 1t or reroof his dilapidated pres
emit house, to
Sec. (a)-Make application in Homo. ! 1
lulu for permit, using pre- /
serlbed form, giving the exact site @
to be occupied by the proposed Il
building, the materials to be used. =
the dimensions, the estimated cost. t
the probable time required for its o
erection, the name of the owner. d
the architect and the builder. (
sec / (b)-Pay a fee for such permit. o
see (a)-Fne plans and specifica- S
lions, If, perchance, he has $1,000 Z
to expend on his house-wbieh i
plans and specifications must show 9
the details of construction and v
which plans must be given M TO y
the city and county.
Sec 5-S1bscribe statement that he b
will comply with all laws and or
dinanees of the city and county re- +
lating to building operations. +"
See, 6-Give notice in writing to the
building inspector at least "a hours
before beginning the work after he
has obtained the permit.
See. s-Forfeit his permit if he does
not finish the work in ninety DAYS
although he may be building il All s.
himself, as he finds time before q
and after his daily working hours @
in his regular employment; and. n
If he forfeits such permit, to have D
to take out a new one and paw the il
fee. over again. a
See. 9-submit to the inspector tear
ing out any work not deemed o.
safe, " or unseientific in con. g
struction. b