|
SECTION 4. Chapter 20, article 2, section 20-21 through section 20-23, of the Hawai`i
<br /> County Code 1983 (2005 Edition, as amended) are amended to read as follows:
<br /> "Section 20-21. Removal of refuse, [and] undergrowth, and unsafe flora required.
<br /> Every owner of any occupied or unoccupied lot the frontage of which abuts or
<br /> adjoins any public street or highway within the County, shall clear [the lot] the affected
<br /> area of all refuse, [and] uncultivated undergrowth, and unsafe flora thereon to a depth [of]
<br /> not exceeding one hundred feet from any street or highway adjoining, whenever [en-the
<br /> lot there is] the affected area has refuse, [er] uncultivated undergrowth, or unsafe flora to
<br /> an extent that the [let] affected area has become or is likely to become a clear and present
<br /> danger to the public for fire, health, safety, property damage, or crime hazard.
<br /> Section 20-22. Complaint by adjacent or abutting [owners] owner(s); request to
<br /> clear.
<br /> (a) If a majority of all the adult residents within a radius of five hundred feet from any
<br /> boundary of, or the property owner of a property adjacent to or abutting, [of] any
<br /> occupied or unoccupied lot, in writing to the mayor requests that the perimeter of
<br /> the [let] affected area be cleared[,]due to a clear and present danger to neighboring
<br /> residents for fire, health, safety, property damage, or crime hazard, the mayor shall
<br /> investigate the complaint.
<br /> (b) If, after completing the investigation, the mayor finds the subject lot is likely to
<br /> become a clear and present danger for fire, health, safety, property damage, or
<br /> crime hazard, the mayor may request that the owner of the affected area submit in
<br /> writing a treatment plan for its continued safe existence to the mayor's office, the
<br /> department of public works, and to the arborist advisory committee, as well as to
<br /> the offended property owner(s), and, if applicable, the homeowners association.
<br /> (c) If, after completing the investigation, the mayor certifies that there is refuse, [or]
<br /> uncultivated undergrowth, or unsafe flora on the lot complained about to an extent
<br /> that the lot has become [or is likely to become] a clear and present danger for fire,
<br /> health, safety, property damage, or crime hazard, the mayor shall notify the owner
<br /> of the [lot] affected area to clear the occupied or unoccupied lot of the refuse, [or]
<br /> uncultivated undergrowth, or unsafe flora.
<br /> (d) The mayor shall take into consideration whether a complaining party contributed to
<br /> the degree of danger, such as by building in proximity of any offending flora.
<br /> (e) If the offending uncultivated undergrowth or unsafe flora is registered as an
<br /> endangered or protected species or is listed as "exceptional" pursuant to chapter 14,
<br /> article 10 of this Code, the owner shall submit in writing a treatment plan for its
<br /> continued safe existence to the mayor's office, the department of public works, the
<br /> arborist advisory committee, the offended property owner(s), and, if applicable, the
<br /> homeowners association.
<br /> 2
<br />
|