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Jp.11 OF STATE OF HAWAVI BILL NO. 82 (DRAFT 3) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 9, SECTION 2-40 AND ADDING A NEW ARTICLE TO CHAPTER 14 OF THE HAWAFI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO IMPROVING, GRADING, REPAIRING, OR CONSTRUCTION WORK UPON PRIVATE, NONDEDICATED, AND NON -SURRENDERED ROADS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI'I: SECTION 1. Chapter 2, article 9, section 2-40, of the Hawaii County Code 1983 (2016 Edition, as amended), is amended to read as follows: "Section 2-40. Duties and functions of department. The department shall be responsible for: (1) The performance of all matters relating to engineering; (2) Public and private building construction and inspection; (3) Public improvements; (4) Construction, inspection, and maintenance of public highways, bridges, streets, and sidewalks; (5) Acquisition of public and private property for public purposes; (6) Design and maintenance of a system of traffic control and devices; (7) Floodplain management; (8) Construction and inspection of all other County projects, except for matters relating to the department of water supply[-.], and (9) Such other duties or functions conferred upon the department by ordinance or statute." SECTION 2. Chapter 14, of the Hawaii County Code 1983 (2016 Edition, as amended), is amended by adding a new article 26 to read as follows: "Article 26. County Authority to Improve, Grade, Repair, or Do Construction Work Upon Private, Nondedicated, and Non -surrendered roads. Section 14-26-1. Purpose. Section 265A- 1, Hawai'i Revised Statutes, provides that the council may enact an ordinance that authorizes the County to improve, grade, repair, or do construction work upon private roads. The council finds that there are private, nondedicated, and non -surrendered roads