HomeMy WebLinkAboutCOM 0639.007 2022-2024Ashley L. Kierkiewiez
Council Member
District 4 Puna
office: (808) 961-8265
Fax: (808) 961-8912
ash ley. kierkiew icz(ii,)hawaiic ouqy. gov
HAWAVI COUNTY COUNCIL
Hawaii County Building
25 Aupuni Street - Hilo, Hawaii 96720
T7
TO: Heather Kimball, Council Chair
and Members of the Hawaii County Council
FROM: Ashley L. Kierkiewicz, Council Member
DATE: January 10, 2024
SUBJECT: Proposed Amendments to Bill No. I 10; an Ordinance Amending Chapter 14, of
the Hawaii 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.
Please see the below proposed amendments to Bill No. 110. The proposed amendments are
illustrated in Ramseyer format with respect to the contents of Bill No. I 10; material to be deleted
is bracketed and stricken; material to be added is underscored. A copy of the draft of bill, that
would result if these proposed amendments are adopted, is attached with the amendments
incorporated therein.
1. SECTION 2 of Bill No. 110 is amended by amending the definitions to read as follows:
"Section 14- . Definitions.
As used in this article, unless it is apparent from the context that a different
meaning is intended:
["Absentee pfepefty ow-nef" ffleans a pefson who is the ownef of feal pfopef"
the County but does not physieally feside within the County nof physieally oeeupy said
real pfopeft
�-
"Ageney" of "agencies" means afly offiee, depaftment, board, eommission, of
other goveffimental unit of the Gottnt-y-.
"Agent" means a pefsen who eithef fesides in of maintains a permanent offiee
within the County, and who is duly designated and authefized by an absentee ownef to
aet on the ownef's behalf,-
"County" means he County of 14awai'i in the State of 14awai'i.
Comm. No. U
Ref. To:
Ref. Date
11awai'i County is an Equal Opportunity Provider and Employer
"Difeetef" means -the difeet0f Of the depaftment of finance.
"Disaster" means any sittiation, of imminent thfeat, that results of may Iik-eely
result in less of life of pfopefty and that r-equifes, of may fequife, assistanee from othef
Counties, or States, of ff om the Feder -a! govefrimerit-.
"Division" means the feal pfopefty tax divisien ef the depaftment of finanee.
"Emergeney" means any oeetiffenee, of imminent thfeat, whieh festilts of may
likely fesult in substantial injury of hafm to the population of substantial damage-�
loss of pfopefty-
"Immediate hazafd" means a eendition, situation, stfuettir-al failure, of defeet tha
is likely to eause imminent if�tify to a person of pfopefty 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 of knowingly eattsing damage to an. othef
person propefty without that person's eonsent.]"
2. SECTION 2 of Bill No. 110 is amended by amending the owner contact information
requirements to read as follows:
"Section 1.4--. Owner contact information required.
(a) Every property owner in the County of Hawaii shall provide to the real property tax
division the following contact information: The property owner's name(s), mailing
address, telephone number, and email. An absentee property owner, who does not
physically reside within the County, shall designate an agent and provide the designated
agent's name, mailing address, telephone number, and email to the division. An agent
shall reside within the Countv and be dulv designated and authorized by an absentee
owner to act on the owner's behalf.
(b) Contact information shall be provided to the real property tax 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 real property tax division within thirty calendar days from the change.
(d) The real property tax division shall maintain the contact information of all property
owners or agents, as applicable. [The eontaet infeffflation collected and maintained by the
division may be utilized of shafed -fopf* -4
—e Catinty agenei-es, in
aeeefdanee with seetien 92F 19 HRS, f6f administrative enf6feemefit, publ— -('-+- --
.Y,
law enfafeement purposes. The eontaet infoffnation eolleeted and maintained is notfaf
the purpose ef making inf6fmatien available to the genefal publi.e.]
(e) Failure to submit information pursuant to this section shall result in a fine of up to $100
pursuant to section I -10, of this Code."
3. SECTION 2 of Bill No. 110 is amended by adding a new section to read as follows:
"Section 14- . SafeLyuardinfZ of contact information.
The collection and maintenance of contact information shall be strictly for the use
of the County pursuant to this article and is not intended to be made available to the
general public. Contact information may be shared between the County's agencies, i
accordance with section 9217-19, Hawai'i Revised Statutes."
4. SECTION 2 of Bill No. 110 is amended by amending the notification of potential or
existing impacts section to read as follows:
"Section 1.4--. [Notifleation of potential or existing impaet-s.] Utilization of
contact information.
Should the County, through any of its agencies, become aware of any potential or
existing impacts to any property, [ stefnfning from faeters sueh as vandalisni, itnme
hazards, any efnefgeney et! disastef, ineluding a natufal disaste-r-,] the [appf&pfiate]
County ageney shall fnake feasenable effafts] may utilize this contact information to
notify the property owner or the property owner's agent regarding potential or existing
impacts to the property. The County may also use contact information far administrative
enforcement, public safety, and law enforcement purposes."
5. SECTION 2 of Bill No. 110 is amended by amending the rules and regulations to read as
follows:
"Section 14- — . Rules and regulation.
fin
ance nance director, or [theif duly] the finance director's authorized
representative, may adopt and enforce rules necessary for the effective implementation of
this article, pursuant to chapter 91 of the Hawaii Revised Statutes."
6. SECTION 3 of Bill No. 110 is amended to read as follows:
"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 fna�, fesuU
vandalism,from
immediate hazafds, any emefgeney, of disastef,
AK/kj
COUNTY OF HAWAIJ
ORDINANCE NO.
STATE OF HAWAIJ
BILL NO.
AN ORDINANCE AMENDING CHAPTER 14, OF THE HAWAFI 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 HAWAIJ:
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 Hawaii 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:
"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.
Section 14- Owner contact information required.
(a) Every property owner in the County of Hawaii shall provide to the real property tax
division the following contact information: The property owner's name(s), mailing address,
telephone number, and email. An absentee property owner, who does not physically reside
within the County, shall designate an agent and provide the designated agent's name,
mailing address, telephone number, and email to the division. An agent shall reside within
the County, and be duly designated and authorized by an absentee owner to act on the
owner's behalf.
(b) Contact information shall be provided to the real property tax 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 real property tax division within thirty calendar days from the change.
(d) The real property tax division shall maintain the contact information of all property owners
or agents, as applicable.
(e) Failure to submit information pursuant to this section shall result in a fine of up to $ 100
pursuant to section I -10, of this Code.
Section 14- Safeguarding of contact information.
The collection and maintenance of contact information shall be strictly for the use of the
County pursuant to this article and is not intended to be made available to the general public.
Contact information may be shared between the County's agencies, in accordance with section
92F- 19, Hawai'l Revised Statutes.
Section 14- Utilization of contact information.
Should the County, through any of its agencies, become aware of any potential or existing
impacts to any property, the County may utilize this contact information to notify the property
owner or the property owner's agent regarding potential or existing impacts to the property. The
County may also use contact information for administrative enforcement, public safety, and law
enforcement purposes.
Section 14- Rules and regulations.
The finance director, or the finance director's authorized representative, may adopt and
enforce rules necessary for the effective implementation of this article, pursuant to chapter 91 of
the Hawaii 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.
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.
MA
SECTION 5. This ordinance shall take effect upon its approval.
, flawai'i
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAPI
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