HomeMy WebLinkAboutBIL 200 Draft 02 2020-2022 14
(."OUNTY OF HAWAII STATE OF HAWAII
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ILL NO. 200
DRAFT 2
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20, OF THE HAWAVI COUNTY CODE 1983
(2016 EDITION, AS AMENDED), RELATING TO VEHICLE DISPOSAL.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF IIA AI`I:
SECTION 1. Chapter 20, article 3, section 20-03-03, of the Hawaii County Code 1983
(2016, as amended), is repealed.
"[Seeti-on r-oh-bition; disposition of abandoned
(a) No person shall leave, abandon, of plaee Effly wFeeked of nonoperational automobile 0
highway, publZ , of .
(b) The department shall take if4a ettstody and dispose of abandoned or derelict vehieles i
aeeof anee with ehapter 290, Hawai'i Revised Statutes,
(e) The removal of abandoned or-defeliet vehicles shall be sW�eet to the fellowiflg�
(1) The department shall aftly femove abandoned of derelict vehicles that afe leeated on 0
Ywithin+a„ feet f;-�,,,-, the edge ofany w,,,lie o ate,. ad;
Y 1L11111 L♦✓1114a+L ,
(2) The depaftffient shall not fetneve abandoned of der-eliet vehieles from any
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difeetof determines that the afea is unsafe faf a tow truck to traverse; and
(3) All deeisions to tow shall be subjeet to the disefetieff of the difeetor-.
community foad
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tow e 4 the publie about the
disposition of abandoned of defeliet vehieles ineltiding the procedures for-reporting
abandoned of defeliet vehieles.
(e) The department shall adopt rules r-egafding the disposition of aba-fidened of derelict
�1 Revised }
Ulla+ afe in
v of it r.hapter 290} Uivnai' Stat 4 .]"
SECTION N 2. Chapter 20, of the Hawaii County Code 1983 (2016, as amended), is
amended by adding a new article to read as follows:
"Article 7. Disposal of Vehicles and Similar Materials.
Division 1. Abandoned and Derelict Vehicles.
Section 20-07-01. Disposition of abandoned or derelict vehicles.
(a) No person shall leave, abandon, or place any wrecked or nonoperational automobile or
construction equipment or part or portion of a wrecked or nonoperational automobile or
construction equipment, or scrap iron, or other similar material, upon aM part of a public
highway, public property, or private property of another.
(b) The department shall take into custody and dispose of abandoned or derelict vehicles in
accordance with chapter 290, Hawaii Revised Statutes.
(c) The removal of abandoned or derelict vehicles shall be subject to the following_
(1) The department shall only remove abandoned or derelict vehicles that are located on or
within ten feet from the edge of any public or private road;
(2) The department shall not remove abandoned or derelict vehicles from any area if the
director determines that the area is unsafe for a tow truck to traverse,•
(3) A notice shall be affixed to an abandoned or derelict vehicle stating that the vehicle
must be moved beyond a radius of one mile from its location within twenty-four hours
of the notice being affixed;
(4) If an abandoned or derelict vehicle has not moved beyond a radius of one mile from its
location within twenty-four hours of a notice being affixed, the vehicle will be
classified as abandoned and subject to removal; and
(5) All decisions to tow shall be subject to the discretion of the director.
(d) The director shall develop and implement a public outreach program to educate residents,
community associations, road corporations, tow companies, and the public about the
disposition of abandoned or derelict vehicles including the procedures for reporting
abandoned or derelict vehicles.
(e) The department shall adopt rules regarding the disposition of abandoned or derelict vehicles
that are in accord with chapter 290, Hawaii Revised Statutes.
Division 2. Vehicle Disposal Assistance.
Section 20-07-21. Vehicle disposal assistance program.
(a) The department shall establish a vehicle disposal assistance program to assist
Hawaii County residents with disposal of vehicles. Assistance shall be contingent
on the availability of funds within the County's vehicle disposal fund and at the
discretion of the director.
(b) Applications for assistance.
To apply for disposal assistance, a property owner or registered vehicle owner shall apply to
the department to have the department dispose of a vehicle from the property owner or
registered vehicle owner's property
(c) The property owner shall ensure that the vehicle is accessible for towing."
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SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material,
and underscoring need not be included.
SECTION 4. Severability. If any provision of this ordinance, or the application
thereof to any person or circumstance, is held invalid, the invalidity does not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are severable.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY: 7
COUNCIL MEM ER, C LINTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 938.2
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