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nondedicated, and non-surrendered road, the director shall provide each owner and roadway easement holder of record of the road with thirty days written notice of such proposed action. 3 (b) Where maintenance is discontinued because the road is signed, marked, delineated, fenced, barricaded, or otherwise designed, constructed, or operated to exclude the general public, in whole or in part, the director is authorized, in the director's discretion and to the extent legally and economically feasible, to: (1) Recover removable fixtures or materials, if any, installed by the County, and to 3 recover from the owners or roadway easement holders of the road, as may be appropriate,the value of the fixtures or materials left in place; and (2) Recover from the owners or roadway easement holders the total cost incurred by the County for paving or other maintenance work done pursuant to this article within the five-year period preceding the closure of the road to the public. The owners or roadway easement holders of the road may avoid liability for the costs by making signage, design, construction, operational, or other changes, or any necessary combination thereof, to again open the road to the general public and meet all criteria set forth in this article." SECTION 2. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL CIL MBER, CO TY OF HAWAII Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: 6 REFERENCE Comm. 395