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HomeMy WebLinkAboutBIL 126 Draft 01 2022-2024JMZY.Oi i4 COUNTY OF HAWAI`I ;. STATE OF HAWAI`I BILL NO. 126 ORDINANCE NO. 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 REAL PROPERTY OWNER INFORMATION. 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, promote effective communication during emergencies, enhance disaster preparedness, and enable the County to attempt to notify property owners of potential or existing impacts to their real property. 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 parry 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 be considered a violation of this section. Any property owner who violates this section shall be subject to annual fines of no less than $100, but not exceeding $ 1,000, in a schedule prescribed by the finance director. 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, Hawaii 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. 2 SECTION 5. This ordinance shall take effect upon its approval. , Hawal'i Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 690 INTRODUCED BY: COUNCIL MEMBER, UNTY OF HAWAI'l 3