HomeMy WebLinkAboutCOM 0496.048 2022-2024Matt Kfineafi'i.-Kleinfelder
flawai'i County Council
District 5
Phonc No.: (808) 961-8263
matt.kanea I ii-k I ein fe I der@.haw a i iCOL111ty.gOV
HAWAPI COUNTY COUNCIL
County of Ilawai'i
Hawaii County Building
25 Aupuni Sfteet, Suite 1405 1 filo, f lawai'i 96720
DA'FE: December 13, 2023
TO: Heather Kimball, Council Chair
and Members of the flawaii County Council
FROM: %'/Matt Kdneali'i-Kleinfelder, Council Member
SUBJECT: Proposed Amendments to Bill No. 82, Draft 3; an Ordinance Amending Chapter
2, Article 9, Section 2-40 and Adding a New Article to Chapter 14 of the Ilawai'i
County Code 1983 (2016 Edition, as amended), Relating to Improving, Grading,
Repairing, or Construction Work Upon Private, Nondedicated, and Non -
Surrendered Roads.
Transmitted herewith are proposed amendments to Bill No. 82, Draft 3. The proposed
amendments are illustrated below in Raniseyer format with respect to the contents of Bill No. 82,
Draft 3; material to be deleted is bracketed and stricken and new material is underscored. A copy
of the revised draft of this bill that would result if these proposed amendments are adopted is
intentionally emitted due to the limited scope of these proposed amendments.
1. SECTION 2 ofBill No. 82, Draft 3, is amended by amending the definition of
"Requester" in Section 14-26-2, to read as follows:
.... Requester" means:
(1) The representative body authorized to make legal decisions about a private,
nondedicated, and non -surrendered road on behalf of the owners of the subject road
as to the: use, improvement, repair, and maintenance of the road; sign agreements
with respect thereto; and bind all other persons having rights in or to such road or
other property [b-f]Loj
(2) In the absence of a representative body, persons collectively owning a sixty percent or
greater interest in the fee title or an appropriate roadway easement in a private,
nondedicated, and non -surrendered road, and who have delegated authority to one or
more of the owners to act on behalf of the ownership."
Comn N
Ref. TO.
llawai'i County is an Equal Opporlunity Provider and bnployer Ref.
2. SECTION 4 of Bill No. 82, Draft 3, is amended to read as follows:
"SECTION 4. [This ofdinanee shall take off et one year aftef appf( ] Material in
Section I to be repealed is bracketed and stricken. New material in Section I is Underscored. In
printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not
he inc hicied "
3. SECTION 4 of Bill No. 82, Draft 3, is renumbered to Section 5.
MKK:1kh
Att.
Haivai'i County is an Equal Opportunity Provider and Employer