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<br />...- <br /> <br />, <br /> <br />, <br /> <br />COUNTY OF HAWAII <br /> <br />STATE OF HAWAII <br /> <br />ORDINANCE NO. 97 :128 <br /> <br />BILL NO. 112 <br />Draft 2 <br /> <br />AN ORDINANCE AMENDING CHAPTER 27 OF THE HAWAII COUNTY CODE 1983 <br />(1995 EDITION), RELATING TO FLOOD CONTROL. <br /> <br />BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW All: <br /> <br />SECTION 1. Chapter 27, article 6, of the Hawaii County Code 1983 (1995 Edition), <br /> <br />is amended by adding the following to be appropriately numbered and to read as follows: <br /> <br />"Section 27- <br /> <br />. Removal of encroachment and/or obstruction notices. <br /> <br />In addition to any other section, if any encroachment and/or obstruction exists, <br />under, over or through any portion of a drainageway, floodway, levee system or <br />watercourse within the county and the encroachment and/or obstruction is observed, or <br />a complaint made to the department of public works of the County of Hawaii, then the <br />department of public works shall investigate and forthwith, give notice to the owner to <br />remove the encroachment and/or obstruction in the manner provided in this section. <br /> <br />Section 27-_. Removal by county; costs. <br /> <br />If the encroachment and/or obstruction is not removed or its removal is not <br />commenced and diligently prosecuted prior to the expiration of thirty days after mailing <br />of notice, the department of public works may proceed to remove the encroachment <br />and/or obstruction by itself or contract for its removal. All costs incurred in the course <br />of removing the encroachment and/or obstruction shall be paid by owner and the <br />county may institute an action to recover costs and expenses for removal of the <br />encroachment and/or obstruction. The county may also place a lien against the <br />encroaching and/or obstructing parcel for any uncollected costs." <br /> <br />SECTION 2. If any provision of this ordinance, or the application thereof to any <br /> <br />person or circumstance, is held invalid, such invalidity shall not affect other provisions or <br /> <br />applications of the ordinance which can be given effect without the invalid provision or <br /> <br />application, and to this end, the provisions of this ordinance are declared to be severable. <br />