HomeMy WebLinkAboutCOM 0496.054 2022-2024 Matt Kaneali`i-Kleinfelder :4oJNtY qF H'.,; Phone No.: (808)961-8263
Hawaii County Council ,� �`�' matt.kanealii-kleinfelder@hawaiicounty.gov
District 5 - =_ s_
HAWAII COUNTY COUNCIL
County of Hawaii
Hawaii County Building
25 Aupuni Street, Suite 1405 • Hilo,Hawai`i 96720
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DATE: December 22, 2023 ')
TO: Heather Kimball, Council Chair
and Members of the Hawai`i County Council - :m
FROM: ,r Matt Kaneali`i-Kleinfelder, Council Member
SUBJECT: Proposed Amendments to Bill No. 82, Draft 4; an Ordinance Amending Chapter
2, Article 9, Section 2-40 and Adding a New Article to Chapter 14 of the Hawai`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 4. The proposed
amendments are illustrated below in Ramseyer format with respect to the contents of Bill No. 82,
Draft 4; 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 omitted due to the limited scope of these proposed amendments.
1. SECTION 2 of Bill No. 82, Draft 4, 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[er]; or
(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."
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Comm. No w• 5
Ref.,To: ICI rite
Ref. Dote it , 7 2023
Hawaii County is an Equal Opportunity Provider and Employer
2. SECTION 4 of Bill No. 82, Draft 4, is amended to read as follows:
"SECTION 4. [This ordinance shall take effect one year after approval.] Material in
Section 1 to be repealed is bracketed and stricken. New material in Section 1 is underscored. In
printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not
be included."
3. Bill No. 82, Draft 4, is amended by adding Section 5 to read as follows:
"SECTION 5. This ordinance shall take effect one year after approval."
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Att.
Hawaii County is an Equal Opportunity Provider and Employer