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HomeMy WebLinkAboutRES 545 Draft 01 2006-2008 ~,<Y Of /ICY COUNTY OF HAWAII STATE OF HAWAII • RESOLUTION NO. 545 Q~ A RESOLUTION REQUESTING THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS TO ENFORCE CHAPTER 27, ARTICLE 6, OF THE HAWAII COUNTY CODE. WHEREAS, the last three months of 2007 were extremely wet with record setting rainfall amounts in some azeas; and WHEREAS, heavy rains caused flooding and property damage in areas around the island with the most severe damage to properties in South Kona; and WHEREAS, a substantial amount of the flooding was due to blockages and obstructions in local drainageways, floodways, levee systems and/or watercourses; and WHEREAS, because of the number of blockages and obstructions in local drainageways, floodways, levee systems and/or watercourses, it appears that there has been inadequate enforcement of chapter 27, article 6 of the Hawaii County Code; and WHEREAS, chapter 27, article 6, authorizes the county to enter and inspect properties (Sec. 27-32), serve notices of violations (Sec. 27-33), issue administrative orders (Sec. 27-34), petition the circuit court for a temporary or permanent injunction (Sec. 27-35), initiate criminal enforcement (Sec. 27-36), serve removal of encroachments and/or obstruction notices (Sec. 27- 37), and to remove encroachments and/or obstruction at the expense of the owner (Sea 27-38); and WHEREAS, the Council of the County of Hawaii urges the Director of the Department of Public Works to uphold and enforce chapter 27, article 6, in a timely manner and to immediately address concerns and complaints that come in from the public; and WHEREAS, the Department of Public Works shall implement policies and procedures for periodic monitoring of drainageways, floodways, levee systems or watercourses within the County of Hawaii to ensure substantive progress has been made to resolve appazent problems and to present bi-annual reports to the council as to the state of said water systems; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Director of the Department of Public Works shall effectively and vigorously enforce chapter 27, article 6 of the Hawaii County Code; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Director of the Deparhnent of Public Works shall provide immediate written notice to all major and minor landowners when reports or complaints are received or upon visual observations of blockages or obstructions in drainageways, floodways, levee systems or watercourses; and BE IT FINALLY RESOLVED that the County Clerk shall forward copies of this resolution to the Mayor and the Director of the Department of Public Works and that the Director shall comply accordingly. Dated at Hilo , Hawaii, this 25th day of March 2008. INTRODUCED BY: ~ci i~ COUNCI MBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE COUrity Of Hawal`i AYES NOES ABS EX Hilo, Hawaii FORD X HIGA g I hereby certify that the foregoing RESOLUTION was by HOFFMANN X the vote indicated to the right hereof adopted by the COUNCIL of the IKEDA X County ofHawai`ion MdTCh 25, 2008 IACOBSON I NAEOLE X ~ ATTEST: PILAGO X YAGONG X YOSHIMOTO 8 0 1 0 Reference: C-1050/PWIRC-59 CO Y LE~HAIRMA & P G O ICER RESOLUTION NO. - 2