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DONALD IKEDA CONSTANCki R. KIILIU
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County Clerk Lrgisin6e~e /iud~tur
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OFFICE OF THF. COUNTY CLERK ,
County of Hawaii ~ '
Hawaii County Building C7
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25Auquni Street r-C) r. ~ ~
Hilo, Hawaii 96720
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September 15, 1997 c._
TO: James Y. Arakaki, Chair
and Council Members
FROM: Connie Kiriu, Legislative Audito~.~~-~r`~
RE: Bill 112 relating to Flood Control
This is to transmit Bill 112, Draft 2 to the Council for consideration on second and final
reading.
At its meeting of August 6, 1997, the Council requested that Corporation Counsel and the
Office of the Legislative Auditor review the discussion surrounding'Bill 112 in order to
develop a draft to address some of the issues.
Specifically, there was a desire by some council members to ensure that property owners, at
the very least, are notified of an encroachment or obstruction in a drainage channel on private
property. The concern was expressed because of the potential for a lien to be placed on
property when the county seeks reimbursement for removal costs.
We have amended Bill 112 to drop the phrase "lessors, lessees or other person in control of
the encroachment and/or obstruction". This phrase promoted ambiguity in its application.
Deleting the phrase does not prohibit the county from notifying these persons and, as stated in
the meeting, the additional notification can be just as effective in achieving removal. Bill 112,
Draft 2 still requires notification of the land owner.
Should you have any questions, please feel free to contact me.
Att.
~0. .03
ttei. ~ 1 6 1997
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 112
Draft 2
RAMSEYER FORMAT
ORDINANCE NO.
•
AN ORDINANCE AMENDING CHAPTER 27 OF THE HAWAII COUNTY CODE 1983
(1995 EDITION), RELATING TO FLOOD CONTROL.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 27, article 6, of the Hawaii County Code 1983 (1995 Edition),
is amended by adding the following to be appropriately numbered and to read as follows:
"Section 27- . Removal of encroachment and/or obstruction notices.
In addition to any other section, if any encroachment and/or obstruction exists,
under, over or through any portion of a drainageway, floodway, levee system or
watercourse within the county and the encroachment and/or obstruction is observed, or
a complaint made to the department of public works of the County of Hawaii, then the
department of public works shall investigate and forthwith, give notice to the
[responsible owner, lessor or other person in control of the encroachment and/or
obstruction] owner to remove the encroachment and/or obstruction in the manner
provided in this section.
Section 27- . Removal by county; costs.
If the encroachment and/or obstruction is not removed or its removal is not
commenced and diligently prosecuted prior to the expiration of thirty days after mailing
of notice, the department of public works may proceed to remove the encroachment
and/or obstruction by itself or contract for its removal. All costs incurred in the course
of removing the encroachment and/or obstruction shall be paid by owner[, lessee or the
person in control of the encroachment and/or obstruction] and the county may institute
an action to recover costs and expenses for removal of the encroachment and/or
obstruction. The county may also place a lien against the encroaching and/or
obstructing parcel for any uncollected costs."
SECTION 2. Material to be deleted is bracketed and new material is underscored. In
printing this ordinance, the brackets and underscoring need not be included.
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