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HomeMy WebLinkAboutBIL 110 Draft 01 2022-2024 AN ORDINANCE AMENDING CHAPTER 14, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO ESTABLISHING A REGISTRY OF INFORMATION FOR THE PURPOSE OF NOTIFYING PROPERTY OWNERS OF VANDALISM, IMMEDIATE HAZARDS, OR DISASTERS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I: SECTION 1. Purpose. The purpose of this ordinance is to establish a registry of essential information needed to contact persons who own real property and any appurtenances to such real property within the County. The creation of this registry will facilitate communication and coordination between the County and relevant parties, when necessary, to support efforts to promote public safety (particularly with respect to vacant, unoccupied, or abandoned properties), promote effective communication during emergencies, enhance disaster preparedness, and enable the County to attempt to notify property owners of potential or existing impacts arising from vandalism, immediate hazards, or disasters. SECTION 2. Chapter 14, of the Hawai‘i County Code 1983 (2016 Edition, as amended) is amended by adding a new article to be appropriately designated and to read as follows: “Article___. Real Property Owner Contact Information Registry. Section 14-___. Definitions. As used in this article, unless it is apparent from the context that a different meaning is intended: “Absentee property owner” means a person who is the owner of real property in the County but does not physically reside within the County nor physically occupy said real property. “Agency” or “agencies” means any office, department, board, commission, or other governmental unit of the County. “Agent” means a person who either resides in or maintains a permanent office within the County, and who is duly designated and authorized by an absentee owner to act on the owner’s behalf. “County” means the County of Hawai‘i in the State of Hawai‘i. “Director” means the director of the department of finance. “Disaster” means any situation, or imminent threat, that results or may likely result in loss of life or property and that requires, or may require, assistance from other Counties, or States, or from the Federal government. “Division” means the real property tax division of the department of finance. “Emergency” means any occurrence, or imminent threat, which results or may likely result in substantial injury or harm to the population or substantial damage to or loss of property. “Immediate hazard” means a condition, situation, structural failure, or defect that is likely to cause imminent injury to a person or property if not corrected. “Person” includes natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations, or any officer, agent, employee, representative, or other entity, in any capacity, acting either on their own behalf or on the behalf of any other person, whether appointed personally or in accordance with the law. “Property” or “real property” means and includes all land and appurtenances, including buildings, structures, fences, and improvements erected on or affixed to the same, and any fixture which is erected on or affixed to such land, buildings, structures, fences, and improvements. “Property owner” means a person who has complete dominion over a specific property and is the legal or equitable titleholder; when applied to a building or land, “property owner” means any party with a stake, including a partial owner, joint owner, holder of a communal or partnership interest, life tenant, tenant in common, or joint tenant, of the entire property or a portion thereof. “Vandalism” means intentionally or knowingly causing damage to another person’s property without that person’s consent. Section 14-___. Owner contact information required. (a) Every property owner in the County shall provide to the division the following contact information: The property owner’s name(s), mailing address, telephone number, and email. An absentee property owner shall designate an agent and provide the designated agent’s name, mailing address, telephone number, and email to the division. (b) Contact information shall be provided to the division via forms or methods designated by the finance director. (c) If there is any change to the contact information of the property owner or the property owner’s agent, the property owner or agent shall provide the updated contact information to the division within thirty calendar days from the change. (d) The division shall maintain the contact information of all property owners or agents, as applicable. The contact information collected and maintained by the division may be utilized or shared between the appropriate County agencies, in accordance with section 92F-19 HRS, for administrative enforcement, public safety, and law enforcement purposes. The contact information collected and maintained is not for the purpose of making information available to the general public. (e) Failure to submit information pursuant to this section shall result in a fine of up to $100 pursuant to section 1-10, of this Code. Section 14-___. Notification of potential or existing impacts. Should the County, through any of its agencies, become aware of any potential or existing impacts to any property stemming from factors such as vandalism, immediate hazards, any emergency or disaster, including a natural disaster, the appropriate County agency shall make reasonable efforts to notify the property owner or the property owner’s agent regarding potential or existing impacts to the property. Section 14-___. Rules and regulations. The director, or their duly authorized representative, may adopt and enforce rules necessary for the effective implementation of this article, pursuant to chapter 91 of the Hawai‘i Revised Statutes. SECTION 3. Nothing in this article shall be construed to create, or imply, any liability to, or responsibility of, the County, including any officer or employee thereof, for failing to notify the property owner or the property owner's agent regarding potential or existing impacts to the property, or for any loss of life or property that may result from vandalism, immediate hazards, any emergency, or disaster, including a natural disaster. 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 MEMBER, COUNTY OF HAWAI‘I _______________, Hawai‘i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: