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HomeMy WebLinkAboutCOM 0949.000 2004-2006 OOON>Y OF /GF • yl~,x; Barbara Bell Director Harry Kim Mayor - Nelson Ho •F,rF OF 'N'om' Deputy Director Counfu of C"Wit zii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Hilo, Hawaii 96720-0252 (808) 961-8083 • Fax (808) 961-8086 c> lJ June 6, 2006 Camay °.J C r•' to Mr. Gary Safarik Chair, Environmental Management Committee 25 Aupuni Street Hilo, HI 96720 ° ct't SUBJECT: PROPOSED RESOLUTION AUTHORIZING THE DEPARTMENT OF 'J ENVIRONMENTAL MANAGEMENT TO CONTINUE THE AMNESTY PROGRAM REGARDING DERELICT VEHICLE RECYCLING AND DISPOSAL FROM PRIVATE PROPERTY, RESOLUTION 25-04 Dear Mr. Safarik, Enclosed for your review and consideration is a proposed Council Resolution regarding the continuance of the amnesty program for removal and recycling of derelict vehicles on private properties. This amnesty program was initially instituted for the Fiscal Year 2005-2006, and we are requesting it continue through Fiscal Year 2006-2007. The Environmental Management Commission has received Derelict Vehicle Program reports since this program began July 1, 2005. At the May 24, 2006 meeting, the Commission voted unanimously to support the continuation of this program. In December 2004, Resolution 25-04 was adopted by Council and is enclosed for your reference. Also enclosed is the packet that is mailed when requested and the current Status Report provided the Commission. To reiterate how the program operates: • The program addresses derelict vehicles only. Abandoned vehicles have a chance of being driven again. Derelict vehicles have no chance of being used as vehicles again. Hawaii Revised Statutes, §290-8, provides this definition. "A vehicle shall be deemed a derelict if major parts have been removed or material damage to the vehicle has rendered the vehicle inoperable and one of the following conditions exists: (1) The vehicle is registered for the current registration period and the registered and legal owners no longer reside at the addresses on record with the county director offinance; (2) The vehicle has been registered for the current or previous registration period and the registered and legal owners disclaim ownership; (3) The vehicle identification number and license plates have been removed so as to nulli efforts to 9 locate or identify the current registered and legal owners; Comm. No. 94 LCD S. 4-0l- o ~7)lawai'i County is an equal opportunity Provider and Employer. Ref. TO: l r/3 Ref. Date (4) The vehicle has not been registered for the current or previous registration periods; (S) The vehicle registration records of the county director of finance contain no record that the vehicle has ever been registered in the county; or (6) The vehicle is ten model years old or older. " • The Resolution requires an affidavit signed by the owner of the property. The affidavit is supplied by the County and serves as an application for County service. It requires specific information before a vehicle will be removed for recycling. The owner of the property must state: 1. The name of the registered owner and any contact information, if known. 2. The VIN, Vehicle Identification Number(s), if known. 3. That consent to enter their private property, for access to the derelict vehicle, is granted. 4. That the vehicle is "derelict" in accordance with the definition in HRS §290-8 and the approximate length of time it has been derelict. 5. That the vehicle was not stolen, or involved in any criminal activity. 6. The location, description, and age of the vehicle. 7. The Tax Map Key Number or the street address, as well as the exact location of the vehicle, via a map and/or a sketch of the parcel. 8. That the owner acknowledges release of liability of the County and their representatives. 9. That the owner understands and agrees that if a County-contracted tow truck operator determines that the vehicle cannot be towed safely, without unreasonable effort, that the County is under no obligation to tow the vehicle. (Any vehicle that is delivered to a County scrap metal recovery yard will continue to be accepted at no charge.) 10. Any other pertinent information that is needed for the safe and efficient towing and disposal of the vehicle. Your attention and favorable consideration will be sincerely appreciated. Sincerely, Marjorie Erway, Chair Barbara Bell Environmental Management Commission DIRECTOR APPROVED: ow") Harry Kim MAYOR cc: Council Chair Stacy Higa Corporation Counsel Police Department Solid Waste Division COUNTY OF HAWAIII STATE OF HAWAII RESOLUTION NO. 25 04 RESOLUTION AUTHORIZING THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT TO CONDUCT AN AMNESTY PROGRAM REGARDING DERELICT VEHICLE RECYCLING AND DISPOSAL FROM PRIVATE PROPERTY. WHEREAS, derelict vehicles contribute to blight in neighborhoods island-wide, which increases the likelihood of various crimes as well as illegal dumping. WHEREAS, the beneficial scrap metal recovery market has reduced costs of recycling scrap metal for the last year, providing funding for expanded derelict vehicle collections. WHEREAS, Hawaii County Code, Chapter 25-1-5 (b)- 61 provides the definition of a junkyard as anything more than two hundred square feet, which translates to anything more tha two inoperable vehicles. WHEREAS, derelict vehicles are an environmental and safety hazard primarily due to leaking petroleum products and other fluids.. WHEREAS, derelict vehicles also collect sitting water, providing a breeding ground for mosquitoes, as well as vermin, and cgrrying the risk of transmitting various diseases. WHEREAS, the Vehicle Disposal Fund was created in 1994, collecting an annual fee frc all vehicles at the time of their yearly registration, for the express purpose of appropriate dispo! at the end of a vehicle's useful life. WHEREAS, Ordinance 94-101 amended Hawaii County Code, Chapter 24, Section 24 199 (b) Vehicles and Traffic. It declares that abandoned and derelict vehicles on public or priv, streets are a public nuisance. WHEREAS, the County Council finds that there is a public purpose in reducing the nun of derelict cars on private roads, roads in limbo, and private properties. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI'l, that an amnesty program for the removal and recycling of derelict vehicles on privy properties be instituted for the Fiscal Year 2005-2006, beginning on July 1, 2005. BE IT FURTHER RESOLVED, that the owner of the property must sign an affidavit attesting to certain facts concerning the ownership and location of the derelict vehicle(s), that there be no more than two derelict vehicles to be removed per owner or per parcel, and that it is physically possible for a County contracted tow truck to safely remove the derelict vehicle(s), BE IT FURTHER RESOLVED, there will be a priority system for determining the order of response for eligible vehicles. The first priority will be derelict vehicles that are on private roads that are accessible to the public. The second priority will be on the shoulders of all roadways tha are accessible to the public. The third priority will be within twenty-five feet of any private proper border that is adjacent to a roadway that is accessible to the public. The last priority will be vehicles that have safe and efficient access for tow trucks, yet are further than twenty-five feet from publicly accessible roads. Requests will be handled In order of priority, on a first-come, fir; served basis and may be adjusted depending upon space available at the scrap metal recovery yards. BE IT FURTHER RESOLVED, that the County Clerk of the County of Hawaii shall forward copies of this resolution to the Office of the Mayor and to the Departments of Police, Finance, and Environmental Management. INTRODUCED BY: ~n COUNC MEMBER, COUNTY OF HAWAI1 COUNTY COUNCIL ROLL CALL VOTE County of Hawai'i AYES NOBS ABS M Hilo, Hawai'i ARAKAta X HIGA X I hereby certify that the foregoing RESOLUTION was by HOFFMANN X The vote indicated to the right hereof adopted by the COUNCIL of the County ofHawai'ion December 21, 2004 HOLSCHUH X IKEDA X ISBELL X AT MST: JACOBSON g PILAGO X SAFARIK X C^~~~RItL •~1 8 0 1 Reference: C-40/Waived EMC COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 25 04 40JN`4or N, • Barbara Bell Harry Mm. Director Mayor Nelson Ho DepulyDbraor f4T %!U lunty of ,?Aa funiff DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Bilo, Hawarl 96720-4252 (808) 961.8083+ Fu (808) 9614086 htW://whawaii.hius/dbg!W/Air envmnghtm June 30, 2005 Dear Property Owner, :Enclosed is the Derelict Vehicle Disposal Amnesty Program packet that you requested. This packet includes: .0 Program information sheet • Amnesty Program Application • Resolution No. 25-04 authorizing implementation of this program Please complete both sides of the application with as much information as you have and return it to: Department of Environmental Management County of Hawaii 25 Aupuni Street, Room 210 Hilo, Hawaii 96720 Upon receipt, your application will be forwarded to the Abandoned Vehicle Coordinator for review and processing. Requests will be handled in order of priority, on a first-come, first- served basis and may be adjusted depending upon space availability at the scrap metal recovery yards. Thank you for your interest in the removal of these vehicles from your property. Barbara Bell DIRECTOR enclosures cc: SWD AV Coordinator - - Hawaii County is an equal opportunity provider and employer. DEPARTMENT OF ENVIRONMENTAL MANAGEMENT SOLID WASTE DIVISION- VEHICLE DISPOSAL PROGRAM COUNTY OF HAWAII -108 RAILROAD AVENUE, HILO, HI 96720 VEHICLE DlsrosALftwp ra CooRD1NAT0R(909) 961-8552 SOLID WASTE DIVISION (808) 961-8339 cohdem@co.hawaii.hi.us DERELICT VEHICLE DISPOSAL AMNESTY PROGRAM INFORMATION GOALS The County of Hawa 1 wishes to reduce the number of derelict cars on the Big Island since their presence contributes negatively in so many ways to our island environment. The scrap metal recovery market has been economically viable in recent years thereby reducing costs of recycling scrap metal. The County is instituting a Derelict Vehicle Disposal Amnesty Program for the removal and recycling of derelict vehicles in compliance with applicable Federal, State, and County regulations for the fiscal year beginning July 1, 2005 and ending June 30, 2006. GUIDELINES • This program is proposed as a one-year pilot project designed for the removal of derelict vehicles only. • Whereas abandoned vehicles may be driven again, derelict vehides are inoperable. If a vehicle is determined to be abandoned rather than derelict then the application will be deemed invalid. According to Hawaii Revised Statutes (HRS) 290.8, vehicles' are considered derelict I major parts have been removed or material damage to the vehicle has rendered the vehicle inoperable and one of the following conditions exist. 1. The vehicle is registered for the current registration period and the legal owner no longer resides at the address on record with the County Director of Finance, or 2. The vehicle has been registered for the current or previous registration period and the legal owners disclaim ownership, or 3. The Vehicle Identification Number (VIN) and license plates have been removed so as to nullify efforts to locate or identify the current registered and legal owners, or 4. The vehicle has not been registered for the current or previous registration periods, or 5. Vehicle registration records contain no record that the vehicle has ever been registered in the county, or 6. The vehicle is 10 model years old or older. • The property owner must sign an affidavit attesting to certain fads concerning the ownership and exact location of the derelict vehicle(s). Consent to enter the private property and a release of liability for the County and their representatives and/or agents must be given to the County in order to access the derelict vehicle(s). • The County will notify the property owner by US mail once a determination has been made on their application. RESTRICTIONS • No more than two (2) derelict vehicles per owner, or per parcel, will be removed through this pilot project program. • Requests will be handled on a first-come, first-served basis. There is a priority system that determines the order of response for eligible derelict vehicles that may be adjusted depending upon availability of funds. • If a property owner whose application has already been accepted owns other parcel(s) (contiguous or non- contiguous) containing derelict vehicles, an application for the removal of the additional vehicles may be submitted. • it must be physically possible for a County-contracted tow truck to safely and efficiently remove the derelict vehicle(s). If the tow truck operator determines that the vehicle cannot be towed away safely with reasonable effort, then the County is under no obligation to remove the vehicle(s). • All applications will be acted upon at the discretion of the County. Hawaii County is an Equal opportunity Provider and Employer DEPARTMENT OF ENVIRONMENTAL MANAGEMENT SOLID WASTE DIVISION- VEwcLE DLsposAL PROGRAM COUNTY OF HAWAII -108 RAILROAD AVENUE, HILO, IR 96720 ~r VEIUCLE DISPOSALPKOGRAM coomwAm (808) 961-8552 SGim WASH DIVISION (808) 961-8339 cohdemQm.hawaii.hi= DERELICT VEHICLE DISPOSAL AMNESTY PROGRAM APPLICATION INSTRUCTIONS Please read this instruction sheet prior to filling out the application form. This program is intended to help property owners remove derelict vehicles from theirproperly(s). The application must be signed by the property owner or a certified representative. If the application is to be filled out by a representative, a document proving this authorization must be submitted with the application. This information is necessary in order to verify the property site location and ensure that the application is being submitted with their consent A valid Vehicle Identification Number (VIN) and license' plate number helps us approve your application in a timelier manner. Avehicle's identification number can be found in the upper left comer of a vehicle's dashboard. If there are no license plates on the vehicle or they were turned into the County, please provide this information in the proper space on the application. Tax Map Key (TMK) numbers are a series of nine (9) numbers. For all Big Island properties, the number three (3) will be the first number in the series. Each TMK is formatted as three (3) single digits, followed by two (2) groups of three (3) numbers. The TMK portion of the application is formatted to accept this series of numbers. If your information does not fit property, then please double check that you are looking at the correct number. If you do not have three (3) digits in your group of numbers, add zeros (0) in the appropriate places. For example, if a TMK is (3)44-1:1, the numbers should be entered as 001:001. If you do not know or are unsure of your TMK number, the. information can be found on the Internet at the Real Property Tax website (www.hawa7fipmper4bx.com) or by calling the Planning Department at 961-8288. Any applications that provide aninvalid TMK number may be rejected. A property site address helps us correctly identify your exact location. The applicant should also provide directions to the subject property in the Tocation Directions' If directions or a general location of the property is the only information provided, the application will be rejected. In the map section of the application, please provide a detailed sketch of the property where the derelict vehicle(s) islare located. All entrances into the property should be noted, along with the location of the vehicle(s) to be removed and any structures or other obstructions (e.g. buildings, utility or cable poles, water ponds or outlets, etc). This information is necessary in order to ensure a safe removal of the vehicles from the property. Completed application forms should be mailed to the following address: County of Hawaii Department of Environmental Management Attn: Amnesty Program 25 Aupuni Street, Room 210 Hilo, H196720 If there are any questions regarding how to fill out the application form, please call 961-8796 or 961-8083. Mahalo for your interest and participation in this program. DEPARTMENT OF ENVIRONMENTAL MANAGEMENT SOLID WASTE DIVISION- VEHICLE DISPOSAL PROGRAM COUNTY OF HAWAII-108 RAILROAD AVENUE, HILO, HI 96720 _ VEHICLE DISPOSAL PROGRAM COORDINATOR (808) 961-8552 SOLID WASTE Dmsm (808) 961.8339 cohdem@mhawaii.him DERELICT VEHICLE DISPOSAL AMNESTY PROGRAM APPLICATION PLEASE TYPE OR PRIM LEGIBLY WHILE. FILL OUT AS MUCH INFORMATION AS POSSIBLE. APPLICATIONS WITH INCOMPLETE INFORMATION OR ILLEGIBLE HANDWRITING MAY BE REJECTED. Date of Application: CONTACT INFORMATION Property Owner. Mailing Address: (City) (State) - (Zi)) Email: Local Contact: Local Telephone: (home) (work) (other) Email: DERELICT VEHICLE INFORMATION VEHICLE #1: Name of Registered Owner. Mailing Address: (City) (State) (Zip) Telephone: (home) (work) (other) Vehicle ID Number (VIN): License Plate: Vehicle Make: Model: Model Year: Color. VEHICLE #2 Name of Registered Owner: Mailing Address: (City) (State) (Zip) Telephone: (home) (work) (other) Vehicle ID Number (VIN): License Plate: Vehicle Make: Model: Model Year: Color: Please provide any other information pertinent to the safe and efficient removal of the vehicle(s): Hawaii County is an Eaual Onnanunity Provides and Foo lnyer PROPERTY AND VEHIcL.E LOCATION INFORMATION Please indicate which district the property is located (circle one): Puna N. Hilo S. Hilo N. Kona S. Kona N. Kohala S. Kohala Ka'u Hamakua Property Tax Map Key (TMK) Number: Property Site Address: (City) (State) Hawaii (ZID) Please provide a detailed sketch of the property site that the vehicle is located. Include the nearest access road, all entrances into the parcel, and identify the exact location of all vehicles, structures, utilities and any other obstructions (attach another map if necessary). The vehicle(s) islare derelict. I am the property owner, or a certified representative, and am giving the County of Hawaii my consent to enter my private property in order to access the derelict vehicle(s). To the extent of my knowledge, no vehicle described in this application has been stolen or involved in any criminal activity. I hereby release all liability of the County and their representatives for the time period needed to reasonably assess and tow the derelict vehicle(s). If a County-contracted tow truck operator determines that the vehicle(s) cannot be towed away safely, with reasonable effort, then the County is under no obligation to tow the vehicle(s). I hereby agree to these terms. Signature of Property Owner or Representative Date --------------------------For Office Use Only Application # Accept Application Reject Application: Priority 1 -Within roadway incomplete Priority 2 - Within roadway right-of-way inaccurate Information Provided Priority 3 -Within 25ft. of private property adjacent to roadway Abandoned Vehicle Priority 4 - 25 ft. or more off roadway Unsafe Removal Other Owner Claims Vehicle Other Comments: Vehicle Disposal Program Coordinator Date Solid. Waste Division Chief Date For Towing Company Use Only Accept Application Reject Application: Towing Company Inaccurate Information Provided Operator's Name Unsafe Removal Date of Removal Other Other Comments: Towing Company Operator Date SOLID WASTE DIVISION COUNTY OF HAWAII -108 RAILROAD AVENUE, HILO, HI 96720 - - HILO (808) 961-8339 WAIMEA (808) 887-3018 KONA (808) 327-3507 Memorandum DATE: May 5, 2006 TO: ENVIRONMENTAL MANAGEMENT COMMISSIONERS FROM: Michael Dworsky, SWD Chief SUBJECT: MAY 5, 2006 ABANDONED VEHICLE PROGRAM REPORT Abandoned Vehicle Program Included in the table below is the removal of 44 vehicles from Hawaiian Ocean View Estates, 22 from Hawaiian Acres, and 9 from Fern Acres in March. In April, 46 vehicles were removed from Hawaii Ocean View Estates. Vehicle Report FY-05-06 is Quarter 2" Quarter 3` Quarter 4 Quarter r- * (July-Sept) Oct-Dec (Jan-Mar) (Apr-)* Vehicles Reported 331 281 589 M67 Vehicles Towed 266 209 463 Vehicles Not Found 65 72 126 % vehicles not Found 19.6% 25.6% 21.4% W. Hawaii Vehicles 176 104 281 E. Hawaii Vehicles 90 105 182 * Note 4 Quarter only includes April for purposes of this report. Derelict Vehicle Amnesty Program Vehicle Report FY-05-06 is Quarter 2" Quarter 3` Quarter 4 Quarter Jul -Set Oct-Dec (Jan-Mar) (Apr-)* * W. Hawaii Vehicles 7 5 2 10 E. Hawaii Vehicles 10 14 14 6 Total Vehicles Towed 17 19 16 16 *Note: 4 Quarter only includes April for purposes of this report. The April 28"' Abandoned Vehicle Task Force meeting was scheduled, however I have no information to report as I was in Honolulu visiting DOH.