HomeMy WebLinkAboutCOM 0387.001 1996-1998 RECENED
Date.._J!:t.~!9.25,.j~t°i_~:___._- DEPARTMENT OF PUBLIC WORKS
`~ounfy Council COUNTY OF HAWAII
H1L0 HAWAII
DATE: July 25, 1997
~Le~sa~acrdu.~rz
TO Leslie Chow
Legislative Auditor Assistant
VIA Galen M. Kuba, Division Chief
Engineering Division
FROM Casey K. Yanagihara ~ l
SUBJECT : FLOOD CONTROL AMENDMENT
Chapter 27, Flood Control; Hawaii County Code
The Department of Public Works (DPW) has introduced two (2) bills for the Hawaii County Council's
consideration. As requested, we provide the purpose of these bills as follows:
Propased Ordinance `;4 "
The purpose of this change is to be in conformance with the minimum requirements of the Federal
Emergency Management Agency's (FEMA) National Flood Insurance Program's (NFIP) regulations.
The proposed revisions are adjustments as noted and accepted by FEMA to be included in our Chapter
27 ordinance.
Proposed Ordinance `13"
The purpose of this change is to allow the County to follow-up on reported complaints, and to grant the
enforcement authority should the private property owner fail to comply with the order. Reported
complaints may be in the form of any encroachment and/or obstruction that exist in a drainageway,
creating potential harm to downstream or adjacent property(s).
This bill will augment the Hawaii Revise Statute [§46-11.5] Maintenance of channels, ,rh•eams,
streambanks, and drainageways: which requires each County to be responsible for the maintenance of
channels, streambeds, streambanks, and drainageways, whether natural or artificial; provided that the
work is a private responsibility, the responsibility may be enforced by the County in lieu the of the
work being done at county expense. This responsibility is the crux of this request, to protect the health,
welfare and safety of the public.
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~ 46-4 COUNTIIiS ~
' Attorney Ccnerel Opinions
Immunity of state land from county planning and zoning laws extends to private nonprofit losee
undertaking park project in public interest. Att. Gen. Op. g6.3. ~ i
~[§4~6~11j5~] r+Maintenancc aoflychanncls;~,stream(tads,~st~rcambu~nks;i~and;v~
ttirainagewuy's.~"`Notwithstlndmg any"la~w~toaahe.contriry,~eacti;county'WshalC
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provide for'the maintenance of channels, streambeds, streambanks, and
drainagcways, whether natural or artificial, including (heir exits to the ocean, in
r;`'.;,' suitable condition to carry olI' storm waters; and for the rcmaval from the
channels, streambeds, streambanks, and drainagcways and from the shores and "
beaches any debris which is likely to create an unsanitary condition•or otherwise
become a public nuisance; provided that to the extent any of the foregoing work
is a private responsibility the responsibility may be enforced by the county in
lieu of the work being done at county expense, and any private entity or person I
' reftising to comply with any final order issued by the county shall be in violation
of this chapter and be liable for a civil penalty not to exceed $S00 for cacti day
the violation continues; provided further that it shall be the responsibility of the ~ ~ -
county to maintain all channels, streambeds, streambanks, and drainagcways
unless such channels, streambeds, streambanks, and drainagcways are privately
owned or owned by the State, in which event such channels, streambeds,
streambanks, and drainagcways shall be mnintainctl by Ihcir respective owners.
[L 1986, c 121, §2]
(§46-IG.S] Public passenger vehicle regulation. (a) The legislature Gnds
and declares the following:
(1) The orderly regulation oC vehicular traffic on the streets and
highways of Iiawaii is essential to the welfare oC the State and its
people.
' (2) Privately-operated public passenger vehicle service provides vital
.transportation links within the State. Public passenger vehicle service
operated in the counties and the city and county enables the Stale to
provide the benefits of privately-operated, demand-responsive trans-
portation services to its people and to persons who travel to the State
for business or tourist purposes.
(3) The economic viability and stability of privately-opemtcd public
~6~.;` passenger vehicle scrvicc is conscyucntly a matter of statewide
importance.
(4) The policy of the State is to promote safernd reliable privately-
' ~ operated public passcngcr vehicle service in order to provide the
benefits of that service. In furtherance of this policy, the legislature
- recognizes and a(rrms that the regulation of privately-operated
public passcngcr vehicle service is xn essential gbvcrnmen[al function.
(S) The policy of the State is [o require that counties regulate privately-
operated public passenger vehicle service and no[ subject a county or
a city and county or its olLcers to liability under the federal antitrust
laws.
(b) Any other law to the contrary nohvithstanding, where not withiu the
jurisdiction of the public utilities commission, e~pry county or city and county
may provide rules to protect the public health, safely, and welfare by licensing,
controlling, and regulating by ordin:mce or resolution, public passcngcr vehicle
scrvicc operated within the jurisdiction of the county oc city and county.
' (c) livery county or city and county is empowered to regulate:
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