COM 0246.008 2012-2014 - Laserfiche WebLink

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AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 2, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO CLEARING OCCUPIED AND UNOCCUPIED LOTS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to provide relief to property owners that are impacted by unsafe flora on properties adjacent to or abutting their properties. High winds and rain compound the problem of falling branches and trees onto power lines, phone lines, fences, houses, and other private property. There is also a high percentage of property owners that do not reside on the island of Hawai`i that allow their properties to become overgrown and unsafe. Currently individuals must seek relief in the civil courts, which is lengthy and costly. It is the duty of the Council of the County of Hawai`i and all government officials to enact and enforce policies that promote and ensure public health and safety. This ordinance will allow for prompt responses and action in cases of emergencies and threats to public health, safety, and private property. SECTION 2. Chapter 20, article 2, of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended by amending the title to read as follows: 1. "Article 2. Clearing Occupied and Unoccupied Lots." SECTION 3. Chapter 20, article 2, of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended by adding a new section to be appropriately designated and to read as follows: "Section 20- . Definitions. As used in this article: "Refuse" means any discarded or disposable matter, including garbage, rubbish, and swill as defined in section 20-31. "Undergrowth" means any bush, small tree, or other vegetation. "Unsafe flora" means any or any part of a tree, bush, vine, or grass that poses a clear and present danger for fire, health, safety,property damage, or criminal threat to persons or adjacent property and structures including buildings, roofs, rain gutters, antennae, driveways, landscaping, privacy structures (including gates, fencing, and stone walls), tents, garages, automobiles,power lines, phone lines, playground equipment, water catchment tanks, swimming pools, or any other structures and property not identified here."