HomeMy WebLinkAboutBIL 213 Draft 01 1996-1998 4~
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COUNTY OF I-~4WA~I~;~" `'~~'~~"~-~'z STATE OF HAWAII
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a ~ -."v~''Y BILL NO. 213
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, OF THE HAWAII
COUNTY CODE 1983 (1995 EDITION), BY ADDING A NEW ARTICLE ENTITLED
"CONDEMNATION NOTIFICATION PROCEDURES".
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Findings and Purpose. The Council finds that it is in the best
interest of the public to establish a cleaz method and procedure for notifying affected property
owners at critical points in the condemnation process.
SECTION 2. Chapter 2, Administration, of the Hawaii County Code is hereby
amended by adding a new article entitled "Condemnation Notification Procedures" to be
appropriately numbered and to read as follows:
"Article .Condemnation Notification Procedures
~ Upon identification by a county department or agency that la ~ptQpe'Yvl iris
necessarv for county_~ondemnation to further a public. pylpose the department or
agency shall notify the owners And lessees of record in wrifng ahroir rhP impending,
condemnation A copy of the mailing record shall be kept nn file w;rh th o my
department or a
eg ncv
The anpraiser(~l secured by th o my shall notify the owners of the imnendine
appraisal at least 30 davs before inspection of the nremic~A copy of the ma;lino
record shall be kept on file with the anpr icer(,Fl A copy of the aopraicer'c mailing
record shall also be kept on file with the county
department or agency initiating the
condemnation
The Office of the CQpr oration Counsel shall forwazd to the Council a
condemnation resolution for consideration The notification r nrd of names of
the owners and lessees of record affected by the sonde nation hall b ;noh~dPd
with the transmittal to the Council
~ Upon adoption of the resolution by the Council the nffi~P of rhP rom r ;nn
Counsel shall file a comnl int ,n rirc It CO Irr and Chall SPNP rhP nnmarc r 1 c
of record with the complaint
(g~ The failure of a ~operty owner or le cee of r rn~ri r r c~ive notice provided
in this article shaIl not invalidate ny condemnation action prop^ded that good
faith efforts were made to Gerve notice on th ffec+Pd p~.gpgr~y owner or Ig,~~
of records "
SECTION 3. Material to be deleted is bracketed and new material is underscored. In
printing this ordinance, the brackets and underscoring need not be included.
SECTION 4. If any provision of this ordinance, or the application thereof to any person
or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of
the ordinance which can be given effect without the invalid provisions or application, and to this
end, the provisions of this ordinance aze declazed to be severable.
SECTION 5. This ordinance shall take effect upon its approval.
TRODUCED BY:
i'
COUNCIL ME TY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
neft:RENCE, Comm. 770
APPROVED AS TO FORM AND LEGALITY:
CORPORATION COUNSEL
DATED: