(a) Where, in the opinion of the building official, the layout or proposed use of a building can readily be converted to some other layout or use that, upon conversion, would constitute a violation of the land use ordinance or the building code, or both, the building official may require the building owner or owners to file with the bureau of conveyances or in the case of land court parcels with the building department, a sworn affidavit:
(1) That the layout or use of the building will not be converted at a future date to some other layout or use that is illegal; and
(2) That this restriction shall also be binding upon any tenant or lessee or any subsequent owners of the building for as long as the building is in use, or unless otherwise released by authority of the building official.
(b) A certified copy of the document as issued by the bureau of conveyances shall be presented to the building department as evidence of recordation, before the issuance of building permit.
(c) Any person who makes a false statement in such person’s sworn affidavit or files a false affidavit has committed perjury and is thereby subject to HRS § 710-1060 (Penal Code), and be punished as provided in the section.
(Sec. 18-4.4, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 18, Art. 4, § 18-4.4) (Am. Ord. 93-59)