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Kauai County, HI Property Maintenance: Property Blight (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Nuisance trigger
structurally unsafe, fire hazard, dilapidated
Notice period
60 days to secure permits/start work
Work deadline
180 days from permit issuance
Immediate danger
vacate/secure within 48 hours
Posted notice
"DO NOT ENTER UNSAFE TO OCCUPY"
Noncompliance
prosecution, lien, cost recovery

Summary

Kaua'i County declares structurally unsafe, fire-hazardous, or dilapidated buildings public nuisances under Building Code Section 116.1. The building official can order repair, rehabilitation, demolition, or removal, and an immediately dangerous structure must be vacated and secured within 48 hours under Section 116.3.

These county ordinances apply to unincorporated areas of Kauai County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

116.1 Conditions. ... All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life ... are, for the purpose of this Section, unsafe buildings. All such unsafe buildings are hereby declared public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with this Section. ... Any building or structure declared to be an unsafe building and constitute an immediate danger to the life, limb, property or safety of the public or occupants of such building, within 48 hours it shall be vacated, secured and maintained against any entry by the owner or person in charge of such building, structure or premises. ... 116.4.1 Action upon noncompliance. ... In case the owner shall fail, neglect, or refuse to comply with the notice to repair, rehabilitate, or to demolish and remove said structure or equipment or portion thereof, the building official may order the owner of the structure or equipment prosecuted as a violator of the provisions of this code.

Full Breakdown

Section 116.1 sweeps in any building or structure that is structurally unsafe, lacks adequate egress, constitutes a fire hazard, is otherwise dangerous to human life, or threatens safety, health, or public welfare through inadequate maintenance, dilapidation, obsolescence, or abandonment. Once a structure meets that definition, it is declared a public nuisance and must be abated by repair, rehabilitation, demolition, or removal. Section 116.3 requires the building official to examine any structure reported as dangerous or damaged and, if it is unsafe, serve the owner, agent, or person in control with a written notice describing the defects.

That notice can give the owner 60 days to secure permits and start repairs or demolition, with all work completed within 180 days of permit issuance unless the building official sets a different deadline; it can also require the structure to be vacated until repairs are approved. A structure posing an immediate danger to life, limb, property, or public safety must be vacated, secured, and kept free of entry within 48 hours. Section 116.3.1 requires the building official to post a "DO NOT ENTER UNSAFE TO OCCUPY" notice at each entrance of a vacated structure, which stays up until repairs, demolition, or removal are complete and cannot be removed without the building official's written permission.

If the owner fails, neglects, or refuses to comply with the repair or demolition notice, Section 116.4.1 lets the building official refer the owner for prosecution as a code violator, pursue any other legal or equitable proceeding, recover abatement costs, or attach a lien to the property.

Violations & Fines

Noncompliance with an abatement notice exposes the owner to prosecution under the code's general misdemeanor and civil-fine provisions in Section 114.2, plus the County's authority under Section 116.4.1 to recover its abatement costs directly from the owner or attach a lien to the property until those costs and any fines are paid.

Frequently Asked Questions

What makes a building a public nuisance on Kaua'i?
Section 116.1 declares any building that is structurally unsafe, lacks adequate egress, is a fire hazard, or is otherwise dangerous to life, health, or welfare through neglect, dilapidation, or abandonment to be an unsafe building and a public nuisance that must be abated by repair, rehabilitation, demolition, or removal.
How much time does an owner get to fix an unsafe building?
Section 116.3 lets the building official give the owner up to 60 days to secure the required permits and begin repairs or demolition, with all work finished within 180 days of permit issuance unless the building official sets a different schedule in the notice.
What happens to a building that is an immediate danger?
If a building poses an immediate danger to life, limb, property, or public safety, Section 116.3 requires it to be vacated, secured, and kept free of entry within 48 hours, and Section 116.3.1 requires a posted notice reading "DO NOT ENTER UNSAFE TO OCCUPY" at every entrance until repairs are complete.
Can Kaua'i County recover the cost of tearing down an unsafe building?
Yes. Section 116.4.1 lets the building official pursue prosecution, any other legal or equitable proceeding, and recovery of the cost of the work from the owner, including attaching a lien to the property if the owner fails to repair, rehabilitate, or demolish an unsafe structure after notice.

Sources & Official References

Other rules in Kauai County

All Kauai County rules

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