HomeMy WebLinkAboutCOM 0580.000 2000-2002 ~tY ®6 W
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Harry Kim Dixie Kaetsu
Mayor Managing Director
ti,,ey~~e'~•",•;w~6o~' Peter T, _YQUng
Deputy, Martaginp
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25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-655.3
KONA: 75-5706 Kuakini I-Iighway, Suite 103 • Kailua-Kona, Hawaii 96740
(808) 329-5226 • Fax (808) 326-5663 ~
April 2, 2002
The Honorable James Y. Arakaki, Chairman,
And Members of the 1-€awai`i County Council
25 Aupuni Street
Hilo, Hawaii 96720
Re: Bill Amending Chapter 22, Hawaii County Code, Relating to Streets and Sidewalks
Dear Chairman Arakaki:
Attached for your consideration is a bill to replace vetoed Bill 225 (Draft 6). This bill
addresses lny concerns about the house numbering provision, as well as enables the County to
maintain some proportionality to the penalties, avoiding criminalization if possible, while still
retaining enforceability.
The changes from Bill 225 (Draft 6) are as follows:
¦ Deletion of f nal paragraph of Section 22-1.1, which found it in the interest of public
safety and welfare to mandate the naming of all streets and numbering of all houses.
¦ Deletion of the entire Article 5, Division 2 on Building Numbering. The administration
will be further evaluating the best practical approach to this in consultation with the line
emergency responder agencies and introducing abetter-conceived bill later for this.
¦ Deletion of the minimum administrative fine of "not less than $500" in Section 22-8(c)(4)
and (5} on administrative enforcement. This allows for smaller initial fines to be applied,
which can be set by administrative rule.
¦ Deletion of the minimum misdemeanor criminal fine of "not less than $500" and the
redundant "subsequent conviction provision within five years" provisions in
Section 22-8.3(a)(1) and (2). This allows the Courts leeway to apply lesser fines.
¦ Addition of a new subsection (a) to Section 22-8.3 on Criminal Prosecution, saying "this
section shall not apply to violations of Article 3 of this Chapter" and renumbering of the
rest of the Section. This provision decriminalizes violations of Article 3, Use of County
Streets.
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I~.pt. .T,.f, ~ 1
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Apri12, 2002
The Honorable James Y. Arakaki, Chairman,
And Members of the Hawaii County Council
Page 2
¦ Deletion of the sections that require that unpaid fines and costs become a lien on the
subject property after one year. Deleted are Sections 22-8.2(d), (i) and (j) and parts of
Section 22-8.6(c).
Thank you for your consideration of this bill.
Alo ,
1~.-,~
Harry Kim
MAYOR
JAMES Y. ARAKAKI .ap~?`•°`•tl
¢g•' AARON S.Y. CHi1NG
("hairman & PresidingOfficer / : =v ~!~3 BOBBY JEAN LEITIIEAD-TODD
~a: °a LENINGRAD ELARIONOFF
J. CURTiS TYLER, III , JULIE JACOBSON
C"iceC'hairman ``~~,~~;,~Y~~a~/- NANCY PISiCCH`IO
GARY SAFARIK
DOMINIC YAGONG
COUNTY COUNCIL
County of Hawai "i
flawai "i C'ounty Building
25 Aupuni Street
Hilo, Hawaii 96720
April 3, 2002 Re: Comm. 580
James Y. Arakaki, Chair
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
RE: dill No. 205 An Ordinance Amending Chapter 22, of the Hawaii
County Code 1983 (1995 Edition), Relating to Streets and Sidewalks.
Pursuant to Section 1(g) of Rule 4 of the Rules of Procedure of the Council of the County of
Hawaii, this :;.ritten request is submitted with my approval that the above-referenced ~~atter be
waived from the Committee on Public Works and Intergovernmental Relations to the full
Council for immediate action. In revieE*b~ing this matter, timely approval is crucial. It is therefore
advantageous that approval is granted and the matter placed onto the next Council agenda for
review. However, in the event dais request is denied, for whatever reason, I understand the
matter shall be referred to the Committee on Public Works and Intergovernmental Relations for
placement on its future agenda.
Sincerely,
Leningrad Elari nol~T, hair
Committee on P blic Works and Intergo~d rnnaental Relations
Approved/Date/Waive to il: Disapproved/Date/Refer to PWIRC:
.T s a~~a it James Y. Arakaki, Chair
Haw ' i ount Council Hawaii County Council