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HomeMy WebLinkAboutCOM 0370.010 2000-2002 zY~v '`~...y LF;NINGRAD GLARIONOFI~ ~ Fhonc: (808) c~<1-8265 r'nac,:.rln:.,,~ ~ FAX: (808) `'>•=1-8912 {Yfi r 1~~~_J1V 1 1 ~~l~J1Vl.~l~.. ~ . s ('ocrnh' of HaH~ui'i t - llax~ur'i ('nu_nty~;~~,rlclix~ ?J .-91enurli SG'i't! f~l~D, {~tiri'Ql 1 ~ )~'?O Febniary 11, 2002 Memo To :James Y. Arakaki, Council Chair Hawaii County Council 25 Aupuni Street _ ~ ~ ~ Y ~ Hilo, HI 96720 ~ ~ C From :Leningrad Elarionoff, C~iair ' W rks and~nter overnmenta Relations Committee on Public o g Subject :Chapter 22 -Streets and Sidewalks Bill No. 225, Draft 5 Attached for transmittal to the full Council is the above-mentioned Bill with its amendments. Should you have any questions, please feel free to contact me. Att. LE/pb i Ii :~o. Kulrc~lu, b~,~ais;~u. ;r'c~ikoloc~: h"c~~ruih_cre +4a,oa „ AL KONISHI t ` CONSTANCE R. KIRIU a Couny Clerk ~ ~ Legislative Auditor DONALD IKEDA Deputy County Clerk ~?~'~•~es~r. CO?.ljZty Of ~Iawai `Z Office of the County Clerk 25 Aupuni Street Hilo, Nawaii 96720 Telephone: (808) 961-8255 Facsimile: (808) 961-8912 February 8, 2002 MEMO TO: Councilmember Leningrad Elarionoff, Chair Committee On Public Works and Intergovernmental Relations Hawaii County Council FROM: Charmaine T. Doran, Legislative Assist Through Connie Kiriu, Legislative Auditor(~t~' Office of the Legislative Auditor RE: Chapter 22 -Streets and Sidewalks Bill No. 225, Draft 5 Attached for your review and transmittal to the full Council is Bill No. 225, Draft As discussed, amendments incorporated into this newest draft are identified both directly on the bill itself and in the attached chart. If you have any further questions regarding Bill No. 225, Draft 5 please do not hesitate to a' contact me at 961-8492. Thanl: you. Attachments 1 AMENDMENTS ball No. 225 DRAFT 4 to Draft 5 NOTE: Ramseyered changes shown are frono Draft 4 to proposed language SECTION NUMBER SUGGESTED All~IENIDMENT REASON CM 1 Intent 22-1. l These provisions do not apply to private streets or to streets Correct CT owned by the State of Hawaii, including the Department of punctuation, easier Hawaiian Homes Landsl unless otherwise agreed to by the to read. State or the Department of Hawaiian Homes Lands. 2 Encroachments 22-2.1 No object shall be allowed in, under, or over any county street Correct CT [excluding] except objects that are [intended or] permitted by punctuation, the director, chief of police or other provisions of law to be in, grammar; clarity. under, or over a county street, or which [has] have a clearance of fifteen feet or more above the surface of the street, such as the canopy of trees. 3 Signs and other 22-2.6 no person shall construct, place leave, deposit erect or Expands manner CT advertising materials. install any privately owned signs, hand bills in which signs & advertising materials are installed. 4 Public utilities 22-3.2. Public utilities that have an executed utility franchise, charter, GK/GT/ exemption. or other legally binding agreement with the County of Hawaii, Verizon including provisions of the Hawaii Revised Statutes, may be exempt from the provisions of this article at the discretion of the director. This exemption does not preclude the county from pursuing char~ing~a fee for use of.the county streets or property 5 Banner permits; 22-3.3 (8) [The applicant has received and submitted to the director, Consistent with CT application written] Written statements of consent list. 6 Banner permits; 22-3.3 (10) A certificate of insurance [or a copy] an~roof of a public Clarifies CT application liability insurance policy approved by corporation counsel implementation and including] namin , as an additional [named] insured, the and intent county, its officers, representatives, employees, and agents and covering any claim or liability for damages, injuries or death resulting from any of the uses permitted hereunder. The minimum amount of coverage under such policy shall be $1,000,000 per occurrence. The policy and coverage shall be kept in force until the banner is removed from the county street. 7 Banner permit; criteria 22-3.4 (2) [The applicant has received and submitted to the director, Consistent with CT for granting written] Written statements of consent list. 8 Banner permit; criteria 22-3.4 (4) The applicant has submitted a certificate of insurance [or a Clarifies CT for granting copy] and Proof of a public liability insurance policy [issued implementation by a carrier naming the county as an additional insured as] and intent meeting the requirements provided above, to the satisfaction of the finance director and the corporation counsel. 9 Banner permit; criteria 22-3.4 The [director finds that the] banner will not (unreasonably] Consistent with CT for granting impede public use of the street or endanger pedestrians other sections. including persons with disabilities. 10 Publication dispenser 22-3.~ (6) [The applicant has received and submitted to the director, Consistent with CT permits; application written] Written statements of consent from every property list. owner and lessee . 1 l Publication dispenser 22-3.~ (8) A certificate of insurance [or a copy] an~ of a public Clarifies CT permits; application liability insurance policy approved by corporation counsel implementation and including] namin as an additional [named] insured, the and intent county, its officers, representatives, employees, and agents and covering any claim or liability for damages, injuries or death resulting from any of the uses permitted hereunder. The minimum amount of coverage under such policy shall be $1,000,000 per occurrence. The policy and coverage shall be kept in force until the publication dispenser is removed from the county street. 12 Publication dispenser 22-3.6 (3) [The applicant has received and submitted to the director, Consistent with CT permit; criteria for written] Written statements of consent... list. granting 13 Publication dispenser 22-3.6 (5) The applicant has submitted a certitcate of insurance [or a Clarifies CT pe,:mit; criteria for copy] and nroof of a public liability insurance policy [issued implementation granting by a carrier naming the county as an additional insured asJ and intent meeting the requirements provided above, to the satisfaction of [he finance director and the corporation counsel. 14 Publication dispenser 22-3.6 (6) The [director finds that the] publication dispenser Stronger for CT permit; criteria for will not impede or endanger the public's use, including person implementation. granting with disabilities, of the sidewalk area or interfere with vehicular sight distance at a~ intersection[s] or driveway[s]. 15 Sidewalk use permit 22-3.7 (2) A description and map of the proposed location showing Redundant CT application where the [proposed] items or [proposed] use will be located. 16 Sidewalk use permit 22-3.7 (7) [The applicant has received and submitted to the director, Consistent with CT application written] Written statements of consent... list 17 Sidewalk use permit 22-3.7 (9) A certi#icate of insurance [or a copy] and proof of a public Clarifies CT application liability insurance policy approved by corporation counsel, and implementation [including] ?~amin>;, as an additional [named] insured, the and intent county, its officers, representatives, employees, and agents and covering any claim or liability for damages, injuries or death resulting from any of the uses permitted hereunder. The minimum amount of coverage under such policy shall be $1,000,000 per occurrence. The policy and coverage shall be kept in force until the proposed use is terminated and the permitted items are removed from the county street. 18 Sidewalk use permit; 22-3.8 (3) The applicant has submitted evidence that demonstrates Consistent CT criteria for granting that the [preposed] use is for non-commercial purposes and language will promote public welfare. 19 Sidewalk use permit; 22-3.8 (4) [The applicant has received and submitted to the director,] Consistent with CT criteria for granting Written statements of consent from every property owner and list lessee directly fronting the proposed site. 20 Sidewalk use permit; 22-3.8 (6) The applicant has submitted a certificate of insurance [or a Clarifies CT criteria for granting copy and roof of a public liability insurance policy [issued implementation by a carrier naming the county as an additional insured as] and intent meeting the requirements provided above, to the satisfaction of the finance director and the corporation counsel. 21 Sidewalk use permit; 22-3.8 (7) The [director finds that the] permitted use will not impede Clarifies CT cri±eria for granting or endanger the public's use, including persons with implementation disabilities, of the sidewalk area or interfere with vehicular and intent sight distance at a~ intersection[s] or driveway[s]. 22 Permit conditions 22-3.9 (5) Should-the permitted use, activity or improvement Tracks language in CT interfere wit?t or obstruct any county faeility or other §22-2.4 authorized improvements, the permittee shall, at their own expense_[either.] (A) Terminate the use and remove the activity or improvement; [or] (B) Move the use to a location acceptable to the director,... . 23 Permit conditions 22-3.9 (6) Should the permitted use, activity or improvement Tracks language in CT [interfere with] impede or obstruct any emergency repairs to a §22-2.4 county facility or public utility, the permittee authorizes the use of all reeessary action to immediately relocate the permitted activityyuse or improvement . 24 Construction permits; 22-4.1 Excepit as otherwise~ermitted by law, no person shall, in any allows permitting CT required. manner or far any purpose, alter, break... 25 Construction permits; 22-4. I Public util ~ies that have an executed utility franchise, charter Verizon/ required. or other legally binding agreement... GK/GT 26 Construction permits; 22-4.2 (8) A certificate of insurance [or a copy] and proof of a public Clarifies CT application liability insurance policy approved by corporation counsel implementation and including] namin , as an additional [named] insured, the and intent county, its officers, representatives, employees, and agents and covering any claim or liability for damages, injuries or death resulting from any of the uses permitted hereunder. The minimum .;.mount of coverage under such policy shall be $1,000,000 per occurrence. The policy and coverage shall be kept in force until all work is completed to the satisfaction of the director. 27 Construction permits; 22-4.3 (3) The applicant has submitted a certificate of insurance [or a Clarifies CT criteria for granting copy] and proof of a public liability insurance policy [issued implementation by a carrier naming the county as an additional insured as] and intent meetin the requirements provided above, to the satisfaction of the finance director and the corporation counsel. 28 Construction permits; 22-4.3 (4) The [director finds that the] construction will not impede Consistent with CT criteria for granting public use of the street or endanger pedestrians, including list persons with disabilities. 29 Construction permits: 22-4.3 (5) Work within the county [right-of--way] street shall be done Consistent CT criteria for granting by appropriately licensed contractors. language 30 Construction permits: 22-4.4 (a) The applicant shall notify the director at least forty-eight Minimum CT conditions hours before the commencement of any work within the notification cited county street. 31 Construction permits; 22-4.4 (c)When the work interferes with a sidewalk, the applicant Consistent CT conditions shall also provide for the safe passage of pedestrians including language [the] persons with disabilities [disabled] around or through the work area. 32 Construction permits: 22-4.4 (d) The applicant shall be responsible for notifying all property Minimum CT conditions owners/lessees who are affected by the construction at least 48 notification cited hours prior to commencing. 33 Construction permits; 22-4.4 (h).. Regardless of existing conditions, work shall also include Consistent CT conditions the construction of new curb-cuts [for the disabled] for persons language with disabilities, accessible driveways or other improvements... 34 Construction permit; 22-4.5 U on submission of an a lication construction permit Simplifies CT fees processing fees shall be paid [according to the following language schedule follows: (I) For county street excavation, including sidewalk restoration, [the applicant for a permit shall be required to pay upon submission of an application,] a fee of fifty cents .per lineal foot for the first fifty feet of work . (2) For driveway approaches, [the applicant for a permit shall he required to pay upon submission of an application,] a fee of $25 . . (3) For all other work, construction, or installations within a county street [the applicant for a permit shall be required to pay upon submission of an application], a fee of $25. For all other work, construction, or installations within a county street [the applicant for a permit shall be required to pay upon submission of an application], a fee of $25. 35 Maintenance of 22-4.6. (b) All landowners shall, at their own expense, be responsible Direct. CT sidewalk area for the repair of all damages to the sidewalk area that [can be] are attributed to the owner's abuse or failure to provide proper maintenance. . . 36 Sidewalk repair. 22-4.7. All repair work shall be performed in accordance with the Clarifies CT requirements of this chapter.. [according to the permitting implementation requirements of this chapter]. 37 Standards for 22-4.9. (3) If a proposed [new] public facility interferes with an Clarifies CT' driveway approaches. existing driveway approach, the owner of the public facility implementation 4 shall bear the expense of removing, reconstructing or relocating the driveway approach and its related improvements, including paying for all damages resulting from the work and restoring all improvements.[private lands] to a state equal to or better than its original condition 38 Standards for 22-4.9. (4)... shall be [approved] subject to the approval of the director. Clarifies CT driveway approaches. implementation 39 Maintenance of 22-4.10. These responsibilities shall continue until the driveway Clarifies CT driveway approaches. approach is removed and the area restored to a condition implementation approved by [meeting with the satisfaction ofJ the director . 40 Adoption of street 22-5.2 The authority to name and to approve the change of names for Clarifies CT/ names all streets, including private and state owned streets within responsibility. JYA the county [is delegated to], shall be the responsibility of the Allows director planning director to be exercised in accordance with flexibility to add administrative rules and regulations established by the directional/progres planning department. The planning director may devise a sional street method of adding numbers or !otters to street names to show naming. their orderly progression and/or direction. The number or letter will l;:< in addition to the street name. 41 Powers and duties of 22-6.1. (2) Grant or deny requests from the public pursuant to this Clarifies CT director. chapter and in accordance with the administrative rules and implementation regulations eoverning speed humps on county streets [for the placement or removal of speed humps on county streets]. 42 Requests for approval. 22-6.2. All re9uestQ for speed humps must provide: [The director shall Clarifies CT approve the requests as deemed appropriate.] implementation 43 Variances; app. 22-7.1. (b) Variance applications shall be submitted upon a form Correct designated by the director and shall include the following punctuation. information and attachments: (l) Property owner's name, phone number, and mailing address. (2) Tax map key number of the affected property. (3) A map showing: (A) The location of the driveway. (8) The location of all structures on the property. (2) Code section from which a variance is requested. (3) >;xplanation of the applicant's unique circumstances and why consequently... 43 Administrative 22-8.2 (c)(2) Correct the violation at the person's own expense Correct CT enforcement (e)... The order shall become final thirty calendar days after punctuation. the person's receipt of the order, unless the director's decision is appealed to the county board of appeals (fj ...unless the director's action is appealed (g) ...provisions of the director's order . 44 Administrative 22-8.2 (i) Annually, [on] no later than September 1, the director shall Sets deadline date. CT enforcement file with the bureau of conveyances, liens on all properties which have been the subject of fines or county costs levied under this... 45 Limited liability. 22-8.7 A suit brought against the authorized [P]personnel because of Correct such act or omission performed by the authorized personnel in punctuation. the.... 5 DEPARTMENT OF ENVIRONMENTAL MANAGEMENT COUNTY OF HAWAII HILO HAWAII Date : February 6, 2002 To CONSTANCE KIRICJ, Legislative Auditor Frorn GALEN KUBA SUBJECT: DRAFT 5 - C~-IAPTER 22 I having reviewed the draft changes and have the following comments: 1. Section 22-2.4 (a). The purpose of this section was to address the conduct of picketing strikers while they walk on the sidewalk. By changing the language, as suggested by Councilman Tyler, this item becomes too generic. What will we use to define, and consequently enforce, an impediment and obstruction? This section should be left alone for now. If anything, the entire section should be moved to Chapter 14 as it is a public conduct issue like solicitations. 2. Section 22-2.4 (b). Again, because the issue is picketing activity, the section should be lel~ alone. Further, by deleting the word property, the intent of the law is changed. I believe we were trying to address hazards to vehicles/property when strikers intentionally block ingress and egress to driveways. 3. Section 23-3.9 (6). We should retain the term "interfere with." I was concerned that altl?dough a use may not physically obstruct/impede where the work is being done, it maybe close enough to "interfere with" or get in the way of how the work would be done. In this context "interfere with", by definition (prevent from continuing or being carried out properly), is the better term to use. [In my opinion, by definition, impede and obstruct are almost synonymous.] 4. Section 22-4.3 (5). Replace "right-of--way" with "street." There is no definition for right-of--way in Chapter 22. The word "street"is defined to include the intended meaning ofright-of--way. Please call me at x8084 if you have any questions. \\Finance-server~gkuba\DEM Data\DEM Memos\Inter\Inter-2002.wpd(9)