COM 0387.003 1996-1998 - Laserfiche WebLink

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COUNTY OF HAWAII STATE OF HAWAII BILL NO. 112 Draft 2 RAMSEYER FORMAT ORDINANCE NO. • AN ORDINANCE AMENDING CHAPTER 27 OF THE HAWAII COUNTY CODE 1983 (1995 EDITION), RELATING TO FLOOD CONTROL. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 27, article 6, of the Hawaii County Code 1983 (1995 Edition), is amended by adding the following to be appropriately numbered and to read as follows: "Section 27- . Removal of encroachment and/or obstruction notices. In addition to any other section, if any encroachment and/or obstruction exists, under, over or through any portion of a drainageway, floodway, levee system or watercourse within the county and the encroachment and/or obstruction is observed, or a complaint made to the department of public works of the County of Hawaii, then the department of public works shall investigate and forthwith, give notice to the [responsible owner, lessor or other person in control of the encroachment and/or obstruction] owner to remove the encroachment and/or obstruction in the manner provided in this section. Section 27- . Removal by county; costs. If the encroachment and/or obstruction is not removed or its removal is not commenced and diligently prosecuted prior to the expiration of thirty days after mailing of notice, the department of public works may proceed to remove the encroachment and/or obstruction by itself or contract for its removal. All costs incurred in the course of removing the encroachment and/or obstruction shall be paid by owner[, lessee or the person in control of the encroachment and/or obstruction] and the county may institute an action to recover costs and expenses for removal of the encroachment and/or obstruction. The county may also place a lien against the encroaching and/or obstructing parcel for any uncollected costs." SECTION 2. Material to be deleted is bracketed and new material is underscored. In printing this ordinance, the brackets and underscoring need not be included.