Loading...
HomeMy WebLinkAboutCOM 0580.002 2000-2002 BOBBY JEAN LEITIIEAD-TODD oa'~`•~°~.•-`"~!~ Phone: (808) 961-8261 Council Member ~6i~; Fax: (808) 961-8912 a; S~ _ s r)r-i1i _ 1~ OR `Mad1 COUNTY COUNCIL i , ' County of Hawai 'i Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 April 17, 2002 The Honorable Harry Kim Mayor County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Mayor Kim: RE: Bill No. 205 Regarding Streets and Sidewalks I am transmitting a letter dated April 15, 2002, from Charles Hanson, who has taken the time to submit some valid written concerns about Bill No. 205 relating to Street and Sidewalks. Please review and comment on Mr. Hanson's recommendations. If his concerns warrant changing Bill No. 205, I would appreciate transmittal of a Draft 2 to the Council incorporating his suggestions in time for the bill's consideration on second and final reading on May 1, 2002. Thank you very much. Sincerely, i.. c_z c~ ~ - Bobby Jean Leithead-ToddL" Council Member Att. cc: Chair Arakaki and Council Members (w/o att) Dennis Lee, Director of Public Works (w/ att) Galen Kuba, Director of Environmental Management (w/ att) ~~,n, IeT~, h'il~ No.' ~ . l~f. `l`a. Charles Hanson PO Box 7113.97 _ Mountain View, HI 9b771 i It =lei = . _ 1 S April X002 Hawaii County Council ~ : 25 Aupuni Street - _ ~ . Hilo, HI 96720 Re: Bill 205 concerning Streets and Sidewalks -Revision of Chapter 22 This bill has a number of problems and should not be passed without a lot more work. It would repeal and replace the existing Chapter 22, but does not address all of the areas that the existing Chapter 22 addresses. Also, there are a number of technical flaws. I see problems with a number of the definitions in Section 22-1.2. (i) `Banner" means any temporary sign which is suspended over a county stmt. A banner could also be displayed parallel to the street. Also this issue could be addressed in Chapter 3 which is titled Advertising and Sigms. Delete this definition. (2) `Bniiding means a structure which is occupied for residential purposes or used as a place of business. Since the section on buildang numbering has been removed, this is unnecessary. Also, the definition is inadequate. For example, is not a vacant house a building? Is a greenhouse or chicken coop a place of business? (7) "Driveway" means a road on private or public property giving access from a private of public street to an established use an tha property. Change to: `driveway" means a road on property not designated as a public or private street that provides vehicle access to the street. (14) "Roadway means that portion of a county street, excluding shoulders, curbs, gutters, sidewalks or other roadside drainage facilities, used exclusively by vehicle traffic. Change to: "roadway" means the central portion of a street right-of--way that is used for vehicle traffic. It does not include shoulders, curbs, or any area outside the shoulders or curbs. I find the use of "exclusively" especially troublesome. (19} "Violator" gneans the property owner, lessee, or the person responsible for the violation. I hope that the County does not see all property owners as violators. Section 22-2.1. Encroachments. No object shall be allowed in, under, or over any county street, except objects that are permitted by the director, chief of police or other provisions of law to be in, under, or over a county street, or which have a clearance of fifteen feet or more above the surface of the street, such as the canopy of trees. A distinction needs to be made between the central portion of a street and the area outside the curb or shoulder. Sometimes a street right-of--way is wide enough that there is no problem with trees and shrubs growing on the outer fringes. Out in the rural areas, the outer portion is sometimes undeveloped raw land. Section 22-3.3 deals with banner permits. There is far too much detail. Let the director allow permits for whatever seems prudent and reasonable. This is not that common an occurrence. Also it should be dealt with in Chapter 3. Section 22-4.9 (d) deals with Location of driveway approaches at intersections. The phrase "the intersection of property lines or their extensions" is used in several places to refer to the corner of an intersection. This is confusing and probably inaccurate. Better terminology might be, "the intersection of the property lines or their extensions that form a corner of the intersection." Section 22-4.9 (e) deals with the maximum number of driveway approaches. The limit of two driveways might be unreasonable for a larger property. Allow more driveways as long as the percentage of-curb space used up is not excessive. I am not comfortable with Section 22-8 dealing with penalties and enforcement. There should be a clear methodology of escalation when a violation continues. First the violator is notified and told to take corrective action. If the violator does not make a good faith effort to fi~ the problem then a fine is threatened and then imposed. There should be a limit on the amount that a violator can be fined without taking him to court. Open ended per day fines are too much-tike a police state. I also see a problem with the format that has been adopted for the County Code. The Article and I3ivision categories do not fit with the Section and Subsection categories. I think they cause confusion and should be eliminated. Thank you for your consideration, Charles Hanson _ ,