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\,edit COUNTY OF HAWAII : .r• / STATE OF HAWAII RESOLUTION NO. 748 18 A RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF LEILANI AVENUE PURSUANT TO CHAPTER 24, ARTICLE 7, DIVISION 3, SECTION 24- 153.3(B) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED). WHEREAS, Chapter 24,Article 7,Division 3, Section 24-153.3, Subsection(b) of the P Hawai`i County Code 1983 (2016 Edition, as amended),provides that the Council of the County of Hawai`i by resolution, in consultation with the Chief of Police and the Director of the Department of Public Works, may authorize the temporary closure of a County-owned"roadway stub-out, dead-end and/or other road terminus to be barricaded", if the flow of traffic or public access is not affected, adjacent landowners are provided with written notification by the requesting agency, and when the closure is necessary to prevent loitering, littering, and other illegal activities; and WHEREAS, Leilani Avenue is a County road that has been blocked by the 2018 lava flow, and which as a result has become a"dead end"road,providing o ,p o idmg access only to private property located within the Leilani Estates Subdivision, and will remain a"dead end"road until such time as the road may be rebuilt; and WHEREAS, Leilani Estates Subdivision roads and all property within the subdivision are entirely privately owned, other than Leilani Avenue, such that Leilani Avenue currently accesses only private property, and currently provides no thoroughfare access to any public right- of-way; and WHEREAS, the Leilani Community Association is a non-profit organization that operates under Hawai`i Revised Statutes Chapter 421J, with authority to maintain the roads of the Leilani Estates Subdivision as well as provide for the general public social welfare and safety of the subdivision; and WHEREAS,the Leilani Community Associationhas made a good faith determination, with which the Council concurs, that the temporary closure of Leilani Avenue to general public access is necessary to prevent loitering and illegal trespassing onto private property; and WHEREAS,the temporary closure of Leilani Avenue will not otherwise affect the flow of traffic or public access to lava viewing and related tourism activities in the lower Puna area, and will not affect the current access to or use of the road by residents of the Leilani Estates Subdivision and their guests; now, therefore,