HomeMy WebLinkAboutORD 2022-104 2020-2022 COUNTY OF HAWAII i{ /_* STATE OF HAWAII
TE Of•N. ..
BILL NO. 200
(DRAFT 2)
ORDINANCE NO. 22 104
AN ORDINANCE AMENDING CHAPTER 20, OF THE HAWAII COUNTY CODE 1983
(2016 EDITION,AS AMENDED), RELATING TO VEHICLE DISPOSAL.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 20, article 3, section 20-03-03, of the Hawai`i County Code 1983
(2016, as amended), is repealed.
"r •. . 1 I I . I • , . .. . . . . . . •. .
construction equipment or part or portion of a wrecked or nonoperational automobile or
construction equipment, or scrap iron, or other similar material, upon any 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, Hawai`i 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;
(3) 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
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.]"
SECTION 2. Chapter 20, of the Hawai`i 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 any 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, Hawai`i 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, Hawai`i 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 propertyowner 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."
2
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:
COUNCIL MEM ER, C 1►UNTY OF HAWAI`I
Hilo , Hawai`i
Date of Introduction: September 21, 2022 �✓
Date of 1st Reading: September 21, 2022
Date of 2nd Reading: October 5, 2022
Effective Date: October 27, 2022
REFERENCE Comm. 938.2
3
OFFICE OF THE COUNTY CLERK r u° � ;j _ Y r ,I
County of Hawai i
HiloHawai`i
' 1012 OCT 27 AM IQ: 35
(Draft 2)
Introduced By: Matt xaneali'i-Kleinfelder ROLL CALL VOTE
Date Introduced: September 21, 2022 AYES NOES ABS EX
First Reading: September 21, 2022 Chung X
Published: September 30, 2 022 David X
Inaba X
REMARKS. Kaneali'i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Richards X
Villegas X
Second Reading: October 5, 2022 9 0 0 0
To Mayor: October 14., 2022
Returned: October 27, 2022 ROLL CALL VOTE
Effective: October 27, 2022
AYES NOES ABS EX
Published: November 4, 2022
Chung X
REMARKS, David X
Inaba X
Kaneali'i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Richards X
Villegas X
8 0 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
COUNCIL CHAIRPE'
Trove, Disapproved this 7 day
of (�Gf 6 , 20 COUNTY CLERK
Bill No.: 200 (Draft 2)
�-�
MAYOR, COUNTY OF HAWAII C-938 .2/RAWEEMC-17
Reference:
Ord No.: 22 104