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Y <br /> JMty ar N~ <br /> WW1. <br /> <br /> l <br /> DONALD IKEDA CONSTANCki R. KIILIU <br /> i. <br /> County Clerk Lrgisin6e~e /iud~tur <br /> •i <br /> 1TE OI~MTJ' <br /> OFFICE OF THF. COUNTY CLERK , <br /> County of Hawaii ~ ' <br /> Hawaii County Building C7 <br /> c~ <br /> 25Auquni Street r-C) r. ~ ~ <br /> Hilo, Hawaii 96720 <br /> _ <br /> c~ i <br /> September 15, 1997 c._ <br /> TO: James Y. Arakaki, Chair <br /> and Council Members <br /> FROM: Connie Kiriu, Legislative Audito~.~~-~r`~ <br /> RE: Bill 112 relating to Flood Control <br /> This is to transmit Bill 112, Draft 2 to the Council for consideration on second and final <br /> reading. <br /> At its meeting of August 6, 1997, the Council requested that Corporation Counsel and the <br /> Office of the Legislative Auditor review the discussion surrounding'Bill 112 in order to <br /> develop a draft to address some of the issues. <br /> Specifically, there was a desire by some council members to ensure that property owners, at <br /> the very least, are notified of an encroachment or obstruction in a drainage channel on private <br /> property. The concern was expressed because of the potential for a lien to be placed on <br /> property when the county seeks reimbursement for removal costs. <br /> We have amended Bill 112 to drop the phrase "lessors, lessees or other person in control of <br /> the encroachment and/or obstruction". This phrase promoted ambiguity in its application. <br /> Deleting the phrase does not prohibit the county from notifying these persons and, as stated in <br /> the meeting, the additional notification can be just as effective in achieving removal. Bill 112, <br /> Draft 2 still requires notification of the land owner. <br /> Should you have any questions, please feel free to contact me. <br /> Att. <br /> ~0. .03 <br /> ttei. ~ 1 6 1997 <br /> <br />