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"Unsafe flora" means any or any part of a tree, bush, vine, or grass that poses an
<br /> imminent danger for fire, health, safety, property damage, or criminal threat to persons or
<br /> adjacent property and structures including buildings, roofs, rain gutters, antennae,
<br /> driveways, landscaping,privacy structures (including gates, fencing, and stone walls),
<br /> tents, garages, automobiles, power lines, phone lines,playground equipment, water
<br /> catchment tanks, swimming pools, or any other structures and property not identified
<br /> here."
<br /> SECTION 4. Chapter 20, article 2, section 20-21 through section 20-23, of the
<br /> Hawai`i County Code 1983 (2005 Edition, as amended) are amended to read as follows:
<br /> "Section 20-21. Removal of refuse= [ate] 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 of all refuses
<br /> [and] uncultivated undergrowth, and unsafe flora thereon to a depth of not exceeding one
<br /> hundred feet from any street or highway adjoining, whenever on the lot there is refuse,
<br /> [er] uncultivated undergrowth, or unsafe flora to an extent that the lot [has become] poses
<br /> or is likely to [ -a] pose an imminent danger for fire, health, safety, property
<br /> damage, or crime hazard.
<br /> Section 20-22. Complaint by adjacent or abutting levy-tiers] owner(s); request to
<br /> clear.
<br /> Lai If a majority of all the adult residents within a radius of five hundred feet from
<br /> any boundary of, or the property owner of a property adjacent to or abutting, ref]
<br /> any occupied or unoccupied lot, in writing to the mayor requests that the lot be
<br /> cleared[;] of refuse, uncultivated undergrowth, or unsafe flora, the mayor shall
<br /> investigate the complaint. If the mayor certifies that there is refuse, [er]
<br /> uncultivated undergrowth, or unsafe flora on the lot complained about to an extent
<br /> that the lot [ha m] poses or is likely to [becorme a] pose an imminent danger
<br /> for fire, health, safety, property damage,or crime hazard, the mayor shall notify
<br /> the owner of the lot to clear the occupied or unoccupied lot of the refuse, [or]
<br /> uncultivated undergrowth, or unsafe flora.
<br /> (b) 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
<br /> 14, article 10 of this Code, or if the owner wants to keep the offending
<br /> uncultivated undergrowth or unsafe flora, the owner shall submit in writing a
<br /> treatment plan for its continued safe existence to the mayor's office, the
<br /> department of public works, the arborist advisory committee, the offended
<br /> property owner(s), and, if applicable, the homeowners association. The treatment
<br /> plan shall be approved by the department of public works and, if applicable, the
<br /> homeowners association.
<br /> L If a building is constructed in close proximity to an existing stand of trees used for
<br /> wind block, boundary markers or ornamentals, the property owner may not file a
<br /> complaint under this section and may seek other legal remedies should an
<br /> emergency situation arise.
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