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HomeMy WebLinkAboutBIL 280 Draft 01 1996-1998 ~y s,'Miv ~Di t4 F' ~ ~p' CO~JNT`~1' 01~ l~~A ' r`°" ~~A~~®~ I~AAII tip'- . w. t; ~ BILL NO. 28 0 F~~ ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3, OF THE HAWAII COUNTY CODE, BY REPEALING ARTICLE 1 -RELATING TO SIGNS, ADDING A NEW ARTICLE 1 - RELATING TO SIGNS, AND AMENDING ARTICLE 2 -RELATING TO KAILUA VILLAGE SIGNS. BE IT ORDAINED BY THE COUNCIL, OF THE COUNTY OF HAWAII: SECTION 1. Chapter 3, article 1, of the Hawaii County Code is hereby repealed. SECTION 2. Chapter 3, of the Hawaii County Code is amended by adding a new article 1, which shall read as follows: "CI3APTEI~ 3 SIGNS Article 1. Signs Division 1. Findings, Purpose and Scope Section 3-1. Findings and purpose. (a) The Council finds and declares that: (1) The people of the County have a primary interest in controlling the erection, location, and maintenance of outdoor signs in a manner designed to protect the public health, safety, and morals and to promote the public welfare; (2) There has been a marked increase in the number and size of signs advertising business activities in the County; (3) The increased number and size of signs, coupled with the increased use of motor vehicles, make it imperative that the public streets and highways be kept free from signs which distract motorists' attention while driving, and which detract from the attention which should be devoted to signs promoting traffic safety; 1 (4) The indiscriminate erection, location, illumination, coloring, and size of outdoor signs constitute a significant contributing factor in increasing the number of traffic accidents on the public streets and highways, by detracting from the visibility of official traffic lights and signals, and by tending to distract and divert the attention of drivers away from the flow of traffic movement; (5) The construction, erection, and maintenance of large outdoor signs suspended from, or placed on top of buildings, walls, or other structures constitute a direct danger to pedestrian traffic below the signs, especially during periods when winds of high velocity are prevalent; (6) The size and location of outdoor signs may, if uncontrolled, constitute an obstacle to effective fire-fighting techniques; (7) The natural beauty of the County constitutes an attraction for tourists and visitors and a substantial source of income and revenue of the people of the County is derived from the tourist trade; (8) The indiscriminate erection and maintenance of large signs seriously detract from the enjoyment and pleasure of the natural scenic beauty of the County, which in turn injuriously affect the tourist trade and the economic well-being of the County; and (9) It is necessary for the promotion and preservation of the public health, safety, and welfare of the people of the County, that the erection, construction, location, and maintenance of signs be regulated and controlled. (b) The purpose of this chapter is to: (1) Encourage the effective use of signs as a means of communication in the County; (2) Maintain and enhance the aesthetic environment and the County's ability to attract sources of economic development and growth; (3) Improve pedestrian and traffic safety; 2 (4) Minimize the possible adverse effect of signs on nearby public and private property; and (S) Enable the fair and consistent enforcement of these sign restrictions. Section 3-2. Scope. This chapter regulates all signs that are visible from streets in the County of Hawaii. Division 2. Definitions Section 3-3. Definitions of "sign" and types of signs. (a) As used in this chapter unless otherwise specified: (1) "Ground sigai" means any sign supported by or located upon any fence or independent support that is placed on, or anchored in, the ground and that is independent from any building or wall. Fence means an enclosing or dividing framework for land, yard, or garden. (2) "Illuininated sign" means any sign in which the characters, letters, figures, designs, or outlines are illuminated by electric lights or luminous tubes. (3) "Marquee sign" means any sign attached to or hung from a marquee. "Marquee" means any canopy or covered structure projecting from and supported by a building, when such canopy or covered structure extends beyond the building, building line or property line. (4) "Projecting sign" means any sign affixed or attached to a building wall or structure and extending beyond the building wall or structure more than fifteen inches with an incidence angle of greater than thirty degrees. (5) "Iaoof sign" means any sign erected, constructed, or located wholly on or over the roof of any building. "Roof' means the cover of a building, including the roofing and all other material and construction (such as supporting members) necessary to carry and maintain it on the walls or uprights. "Roofing" means any material used as a roof covering, including but not limited to shingles, slate, sheet metal, or tile. 3 (6) "Sign" means any device, figure, painting, drawing, placard, poster, billboard, awning, canopy, street clock, including any announcement, declaration, demonstration, display, illustration, insignia, or message which: (A) Is used to advertise or promote the interests of any person; (13) Is placed out doors on real property, or attached to or placed on buildings or structures; and (C) Is visible from any street. (7) "Temporary sign or banner" means any outdoor decorations or advertising device announcing a meeting or series of meetings if displayed on the premises where the meeting or series of meetings will be or is being held. Meeting, as used in this section, includes all meetings whether open to the public or not, or whether conducted for profit or not, and, including but not limited to, sports events, conventions, fairs, rallies, plays, lectures, concerts, motion pictures, dances, and religious services. (8) "V6'all sign" means any sign which is affixed to an exterior wall of any building or structure when the sign projects not more than fifteen inches from the building wall, structure, or its parts. "Wall" means any structure which has a slope of sixty degrees or greater with the horizontal plane and which serves to enclose or subdivide a building or retain fill material. Fences, which mean enclosing or dividing frameworks for land, yard, or gardens, shall not be considered to be walls for purposes of this chapter. Section 3-4. General definitions. (a) As used in this chapter unless otherwise specified: (1) "Business establishment" means a single commercial enterprise. (2) "Chief engineer" means the chief engineer of the county department of public works or the chief engineer's duly authorized representative. 4 (3) "District" means a zoning district as established in the County Zoning Code. Zoning districts shall be divided into two major categories, "residential" and "other." (A) "Residential district" includes the following districts: (i) RS, single-family residential district; and (ii) RD, double-family residential district. (B) "Other district" includes the following districts: (i) RM, multiple-family residential district; (ii) RCX, residential commercial mixed district; (iii) RA, residential and agricultural district; (iv) FA, family agricultural district; (v) A, agricultural district; (vi) IA, intensive agricultural district; (vii) V, resort-hotel district; (viii) CN, neighborhood commercial district; (ix) CG, general commercial district; (x) CV, village commercial district; (xi) MCX, industrial commercial mixed district; (xii) ML, limited industrial district; (xiii) MG, general industrial district; and (xiv) O, open district. (4) "Lot" means a building site or a parcel of land with an assigned tax map key number. (5) "Person" or words importing persons, for instance, "another," "others," "any," "anyone," "anybody," and the like signify not only individuals, but corporations, firms, associations, societies, communities, assemblies, inhabitants of a district, or 5 neighborhood, or persons known or unknown, and the public generally, where it appears, from the subject matter, the sense and connection in which such words are used, that such construction is intended. (6) "Street" means a public or private road or other access way that provides vehicular access to six or more lots. Division 3. Sign Area Section 3-5. Size of signs. (a) The size of signs shall be measured and determined in the following manner: (1) If a sign is on a plate or is framed, all of the plate or frame shall be included in the dimensions. (2) If a sign is not on a plate or is not framed but is partly or entirely outlined by a light line or area, or if the sign is on a plate or is framed and circumscribed by a larger light line or area, all of the area circumscribed by a light line or area shall be included in the dimensions. (3) If a sign consists only of words, designs, or figures engraved, painted, projected, or fixed on a wall, the total area of the sign shall be the sum of the square-foot areas of the rectangles or circles, whichever is smaller, within which each word, design or figure can be placed or inscribed. Section 3-6. Multifaced signs. (a) The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. (b) When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces. 6 Division 4. Sign Regulations Section 3-7. Type, nurriber, and size of signs pern?issible. (a) Only signs of the type, number, and size prescribed in this article, which conform to this article, will be permitted to be erected or maintained. (b) Sign type, number, and size restrictions shall be applied per lot or, if the lot is occupied by multiple businesses, per business establishment. These restrictions shall be subject to the following provisions: (1) The total number of signs per lot or business shall not exceed two per adjacent street; and (2) Each of the two signs allowed per adjacent street shall be of a different sign type. (c) In the event that the applicant has obtained a special permit or a use permit, or if the applicant is otherwise legally permitted to conduct activities not normally allowed in that district, the type and number of signs shall conform to requirements of the district within which the use would generally be allowed. Section 3-8. Signs prohibited in all districts. (a) No person shall erect or maintain: (1} Any sign which by reason of its size, location, movement, content, coloring or manner of illumination, constitutes a traffic hazard or a detriment to traffic safety by obstructing the vision of drivers, or by obstructing, or detracting from the visibility of any official traffic control device, or by diverting or tending to divert the attention of drivers of moving vehicles from the traffic movement on the public streets and roads; (2) Any sign which is not expressly permitted or exempt from regulation by this chapter; (3) Any sign which is obscene; or (4) Any sign which advertises or publicizes a commercial activity not conducted on the premises upon which the sign is located. 7 Section 3-9. Exempt signs. (a) The following types of signs are exempt from all of the provisions of this article except for the requirements of sections: 3-5; 3-8(a)(1); 3-8(a)(3); 3-8(a)(4); 3-29; 3-30; and 3-36 through 3-42. (1) Any sign of a temporary nature, which includes: (A) Announcing Sign. Any sign not exceeding thirty-two square feet in area announcing the names of the architect, engineer and contractor of a building under construction, alteration, or repair and any sign announcing the character of the building enterprise or the purpose for which the building is intended. (B) Real Estate Sign. Any sign not exceeding eight square feet in area advertising the sale, rental or lease of the premises on which the sign is displayed; provided that only one sign is permitted to be visible to traffic proceeding in any one direction on any one street or highway. (C) Subdivision Improvement Sign. Any sign, not exceeding thirty-two square feet in area, announcing the subdivision and improvement of property located on the property being subdivided and improved; provided that only one sign for each mile or fraction of each mile is permitted along any street or highway. A subdivision sign may only be erected after a subdivision application has been filed with the County. Any person erecting a subdivision sign shall, within thirty days of the erection of the sign, report the date of the erection of the sign to the chief engineer. A subdivision sign is exempt from this article for a period of one year from the date the sign is posted; provided that if the subdivision is not completed within this time period an additional period of exemption not exceeding one year shall be permitted. 8 (D) Other Signs. Any sign displayed for a period not to exceed seven days during any calendar year. (2) Any small sign not exceeding two square feet in area. (3) Any sign or bulletin board not exceeding thirty-two square feet in area setting forth or denoting the name of any public, charitable, non-profit, or religious institution when located on the premises of the institution. (4) Any sign of a public, noncommercial nature, which includes any safety sign, danger signs, trespassing sign, sign indicating scenic or historical points of interest, and any sign erected by a public officer in the performance of a public duty. Section 3-10. Signs alloeved o~vith permits, in all districts. (a) The following types of signs shall be permitted in all districts: (1) Temporary signs or banners. (A) Temporary signs or banners shall not exceed one hundred square feet in area, shall be limited in number to one per meeting, shall be displayed for a period determined by the chief engineer which shall not exceed thirty calendar days, and shall project over a public street or highway only if the lower edge of the temporary sign or banner has a vertical clearance of not less than fifteen feet above such street or highway. (B) Prior to the display of any temporary sign or banner over any public area, street or highway, the person, persons or entity displaying the banner shall file with the county clerk proof of a public liability and property damage insurance policy which names the County as an additional insured in the amount of not less than $300,000, and shall also save the County, its officers or agents, successors or assigns, free and harmless from all suits or 9 actions of every nature and kind which may be brought on account of any injury or damage, direct or indirect, arising out of the display of such temporary banner. (C) Temporary signs and banners are exempt from all the provisions of this article except for the requirements of sections: 3-8(a)(1); 3-8(a)(3); 3-8(a)(4); 3-29; 3-30; and 3-34. (2) Subdivision identification sign. One sign relating to the identification of a subdivision within a district, of either a ground or wall type, per driveway. Each sign shall not exceed eight square feet in area. Section 3-11. Signs permitted in residential districts. (1tS, RD) The following types of signs shall be permitted in the RS and RD districts: One sign, either wall or ground, not exceeding eight square feet in area. Commercial signs shall relate to a legally permitted activity being conducted on the premises. Section 3-12. Signs permitted in all other districts. (ttM, RCX, ItA, FA, A, IA, V, CN, CG, CV, MCX, ML, MG, O) (a) The following types of signs shall be permitted in the RM, RCX, RA, FA, A, IA, V, CN, CG, CV, MCX, ML,, MG, and O districts: (1) Ground Sign. (A) One ground sign, not exceeding thirty-two square feet in area and not exceeding sixteen feet in height from the ground, relating to business conducted on the premises. (B) The height of a ground sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of either the existing grade prior to construction or the newly established 10 grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. (2) Marquee Sign. (A) One sign attached to the underside of a marquee for each business conducted on the premises. This marquee sign shall not exceed nine square feet in area and the lower edges must be at least seven and one-half feet above the ground; or (B) One sign attached to or otherwise displayed upon the face of the marquee. This sign shall not exceed a total sign area of two hundred and fifty square feet or fifteen percent of the marquee area on which it is displayed, whichever is less. (3) Projecting Sign. One projecting sign for each business conducted on the premises, stating the name and the nature of the business. The bottom edge of the sign shall be no lower than nine feet over any public way and shall extend no higher than six feet above the highest attachment point on the building or six feet above the lowest edge of the roof, whichever is higher. Maximum sign area shall not exceed thirty-two square feet. (4) Roof Sign. One roof sign, not exceeding thirty-two square feet in area and containing lettering not more than twenty-four inches in height, relating to business conducted on the premises; provided that the sign does not project above the roof ridge or on a flat roofed single storied building the sign does not extend more than three feet above the roof. (5) Wall Sign. (A) In RM, RCX, RA, and FA districts, one wall sign, not exceeding eight square feet in area, relating to a business conducted on the premises; (B) In A, IA, V, CN, and O districts, one wall sign, not exceeding thirty-two 11 square feet in area, upon any wall of a structure on the premises related to business conducted on the premises; (C) In CG, CV, MCX, ML, and MG districts, one wall sign, which relates to business conducted on the premises, per side or rear of a building. Each side or rear wall sign shall neither exceed fifteen percent of the total exposed area of the wall, associated with the business on which the sign is displayed, nor exceed two hundred and fifty square feet, whichever is less. A sign on the face of the building for each business conducted on the premises shall not exceed fifteen percent or two hundred and fifty square feet, whichever is less, of the area of the face of the building actually occupied by the business. Division 5. Permits Section 3-13. Permits required. (a) Except as otherwise provided in this chapter, no person may install, construct, erect, alter, relocate, reconstruct, or cause to be installed, constructed, erected, altered, relocated, or reconstructed any sign without first having obtained a sign permit. (b) Sign permits shall be posted in a conspicuous place on the site during the progress of work. Section 3-14. Building permits. Persons applying for a building permit shall include sign applications for any signs that will be erected in conjunction with the improvements for which the building permit is requested. Section 3-15. Illuminated signs. A permit application for a sign which uses electrical wiring and connections or which is illuminated by an external source, shall be submitted to the electrical inspector. The electrical inspector shall examine the plans and specifications of all wiring and connections to determine if the plans and specifications comply with chapter 9, relating to electricity and chapter 14, article 9, 12 relating to outdoor lighting. The electrical inspector shall approve the application if the plans and specifications comply with chapter 9 and chapter 14, article 9, or disapprove the application if noncompliance with these chapters is found. Section 3-16. Permit application. (a) Applications for sign permits, pursuant to article 1 of this chapter, shall be filed with the chief engineer. Applications shall contain at a minimum, the following: (1) The name and address of the owner of the property upon which the sign will be located and of the owner of the sign; (2) The tax map key number of the location or proposed location of the sign and an accurate description of the sign, including its contents; (3) A plan or design of the sign showing its weight, dimensions, lighting equipment, materials, details of its attachment and hanging, and its position relative to relevant buildings, property lines, and adjacent streets; and (4) Any other information pertinent to the application as may be required by the chief engineer. Section 3-17. Compliance evith article. Any permit, variance, or other approval issued pursuant to this article shall comply with all applicable requirements of this article. Section 3-18. Action on permit application. (a) Upon receiving an application for a sign permit, submitted pursuant to article 1, the Building Division shall: (1) Review the permit application for completeness; (2) If the application is deficient, identify and notify the applicant of the deficiencies in writing; and (3) If the application is complete, begin to process the application. 13 (b) Upon receiving a complete application for a sign permit, the chief engineer shall: (1) Issue the sign permit in writing, if: (A) After an examination of the plans, specifications, and other data, the chief engineer finds that the sign(s) that is the subject of the application conforms in every respect with the requirements of this article and all applicable statutes and ordinances; (B) The application has been reviewed and approved by the electrical inspector, if required pursuant to section 3-15; (C) The application has been reviewed and approved by the planning director; and (D) Applicable sign permit fees have been received. (2) Reject the sign permit in writing, if the sign(s) that is the subject of the application fails in any way to conform with the requirements of this article. (c) In case of a rejection, the chief engineer shall: (1) Specify in writing the section or sections of this article with which the sign(s) is inconsistent; and (2) Provide the applicant with information about the variance and appeal processes contained in this article. Section 3-19. Kermit contents and record. (a) Permits shall be numbered and shall contain the following information: (1) The permit number and the date of issuance; (2) The name of the property owner and sign owner; (3) The location of the sign(s), including tax map key number; and (4) In the case of a temporary banner, the date of expiration of the permit. (b) The chief engineer shall maintain for public inspection a record of all permits issued. 14 Section 3-20. Inspection upon completion. A permittee shall, upon completion of the installation, construction, erection, relocation or alteration of the sign, notify the chief engineer who shall inspect the sign. Section 3-21. Time limit on permit. If the work authorized under a sign permit is not started within sixty calendar days after the date of issuance, or if work is suspended for sixty calendar days, the permit shall be void. Division 6. Variances Section 3-22. Variances. (a) In unique cases where strict enforcement of this chapter would result in unnecessary hardship or practical difficulty, and where desirable relief may be granted without detriment to the public interest, convenience or welfare, the Hawaii County Council may grant by resolution, a request for a variance from any provision of this chapter, except for article 2 relating to Kailua Village Signs. (b) Variance applications shall be submitted upon a form designated by the council and shall include at a minimum, the following information and attachments: (1) The sign owner's name, phone number, and mailing address; (2) The location and tax map key number of the property upon which the sign is located; (3) A map showing: (A) The location of the sign; and (B) All streets adjacent to the lot or building where the sign is located; (4) A photo or drawing of the relevant sign(s); (5) A citation of the code section from which a variance is requested; (6) A complete copy of any sign permit application and the Building Divisions' rejection of the sign permit, if any; 15 (7) An explanation of the applicant's unique circumstances, in particular, those arising from peculiar physical conditions not ordinarily found inmost districts, peculiarity of the applicant's business, or other special event or circumstance; (8) An explanation of why granting the variance will not adversely affect the rights of adjacent property owners or tenants, including an explanation of alternative measures, if any, that the applicant is proposing to take in lieu of compliance with the applicable code section; (9) An explanation of why the variance will not unreasonably violate the interest, safety, convenience, or general welfare of the public; and (10) An explanation of why a strict application of the terms of this chapter would work an unnecessary hardship and practical difficulty upon the applicant or the community. Section 3-23. Variances; criteria for granting. (a) Only in situations where the following conditions exist may a variance be granted: (1) A grant of a variance is necessitated by peculiar physical conditions not ordinarily found in most districts, because of the peculiarity of a business, or as a result of a special event or circumstance; (2) Granting the variance will not adversely affect the rights of adjacent property owners or tenants; (3) Granting the variance will not unreasonably violate the interest, safety, convenience, or general welfare of the public; and (4) A strict application of the terms of this chapter would work unnecessary hardship and practical difficulty upon the applicant or the community. (b) In and of itself, prior construction of a sign without a permit, regardless of the cost or value of the sign, shall not be deemed to constitute sufficient reason to grant a variance. 16 (c) Council resolutions granting variance requests shall state the underlying factual basis for the Council's findings that each of the requisite conditions to grant a variance has been satisfied. Division 7. Fees Section 3-24. Permit and variance fees. (a) Applicants for sign permits pursuant to article 1, shall pay the following fees: (1) An applicant for a sign permit shall pay an application fee of $25 to the chief engineer for each sign; and (2) An applicant for a sign permit for a sign erected prior to obtaining a sign permit shall pay an application fee of $100 for each sign. (b) Applicants for sign variances, pursuant to article 1, shall pay a per sign fee of $100 or an amount equal to ten percent of the total value of the sign(s), excluding installation costs, whichever is greater. This fee shall be paid to the county clerk upon submission of an application for a variance. Section 3-25. Disposition of fees. (a) The following shall be used exclusively to support the administration and enforcement of this chapter and efforts to educate and inform the public about the county's sign law: (1) Permit and variance application fees; and (2) Fines, minus costs of collection, that are collected pursuant to this article. (b) The chief engineer and county clerk shall keep an accurate record, in a form approved by the director of finance, of all fees and fines received, pursuant to this chapter, and shall deposit all monies received with the treasurer. (c) The chief engineer and county clerk shall annually render an account of all monies received, pursuant to this article, to the council. 17 Division 8. Construction Specifications Section 3-26. @Vind resistance; support. Every sign shall be constructed to withstand, i.e. not flap, bend, or move when subjected to, wind pressure of not less than thirty pounds per square foot of area. In addition, all signs shall be rigidly and firmly braced, or securely attached or anchored to the building, structure, or ground. Section 3-27. Wood construction. Any wood used for a new sign or for the repair of an existing sign shall be rot and termite resistant through an approved preservation method specified by the American Wood Preservation Association, or by any other preservation treatment approved by the chief engineer. All wood construction shall meet fire resistive requirements as specified by current building code requirements. Section 3-28. Construction specifications. All signs shall be installed in compliance with building and electrical codes as required by the chief engineer. Division 9. Location Specifications Section 3-29. Obstructing ingress and egress; obstructing fire-related structures. (a) No sign or supports or hangings for any sign shall be erected so as to cover a door or window of any building or otherwise to prevent free ingress and egress to or from any window, door or fire escape of any building. (b) No roof sign shall be constructed in a manner which interferes with the free passage from one part of the roof to another part of the roof or interferes with any opening on the roof. (c) No sign shall be attached to any part of a fire escape or upon or to any stand pipe or fire escape support, or be placed nearer than two feet from any fire escape platform. Every sign shall be so arranged as to swing away from the fire escape or platform. 18 Section 3-30. Interference with public alarms, signals and signs. No sign or supports or hangings for any sign shall be placed in a position or manner which obstructs or interferes with any fire alarm, police alarm, sign, or any device maintained by or under public authority. Section 3-31. Projections beyond property line. No sign or portion of any sign, except for marquee or projecting signs, may project over any public area or way more than five feet from the property line upon which the sign is located. No sign shall be permitted to project over any public highway or interfere with vehicular traffic. Section 3-32. Distance above ground of projecting signs. The lower edge of any sign projecting over any public area, except a marquee sign, shall have a vertical clearance of not less than nine feet. Section 3-33. Ileight above buildings. The highest point on any sign, other than a roof sign, attached to a building or structure shall not extend more than six feet above the part of the building or structure to which it is attached, or six feet above the lowest edge of the roof, whichever is the higher. Division 10. Maintenance Section 3-34. Maintenance specifications. (a) All signs, together with their framework, braces, angles or other supports, shall be: (1) Maintained in a safe structural condition, properly secured, supported and braced; (2) Maintained in compliance with all building and electrical codes, and in conformance with this chapter at all times; and (3) Properly maintained with exposed surfaces kept clean and painted if paint is required and defective parts replaced. 19 Division 11. Nonconforrraing Signs Section 3-35. Signs erected prior to the effective date of this chapter. (a) Any sign erected prior to the effective date of this chapter, in compliance with all then existing statutes, ordinances, and regulations, is permitted to be maintained as a nonconforming sign, subject to the following conditions: (1) A nonconforming sign shall be maintained in a safe condition and shall not in any respect be dangerous to the public or to property. (2) Upon the alteration or relocation of a nonconforming sign or the discontinuance or removal from the premises of the activity to which the sign relates, the sign ceases to be a nonconforming sign and shall thereafter be permitted to be maintained only upon compliance with this article. The term "alteration" does not include repairs and maintenance for the purpose of keeping the sign in a clean and safe condition. Division 12. Violations, Enforcement, Penalty Section 3-36. Violations. Failure to comply with any provision of this article, any rule adopted pursuant to this article, or with conditions imposed as part of any permit or variance from the provisions of this article, shall constitute a violation of this article. Section 3-37. Enforcement. (a) The chief engineer shall enforce and administer this article. Whenever necessary, any ofFicial of another department of the County shall assist the chief engineer at the chief engineer's request, consistently with the usual duties of the oflFicial's department. (b) When the chief engineer finds that any sign has been constructed, erected, or is being maintained in violation of this article, or that any sign is unsafe or insecure or in a condition which is a menace to the safety of the public, the chief engineer shall issue a 20 notice in writing, to the owner of the sign or to the owner or tenant of the premises upon which the sign is erected or maintained, informing that person of the violation or of the dangerous condition of the sign and directing that person to make the alteration, repair, or remove the sign or to do whatever necessary to make the sign comply with this article within a reasonable time limit as shall be stated in the notice which, in no case, shall be less than seven days nor more than thirty days. The notice may be given by personal service, by depositing a copy of the notice in the U. S. mail in a postage prepaid wrapper addressed to the street address of the premises upon which the sign is erected or maintained, or by posting a copy of the notice on the premises upon which the sign is erected or maintained. (c) When the condition of any sign creates an immediate hazard and peril to public safety or to property, the chief engineer may remove the sign summarily and without notice. Section 338 Penalty. (a) Any person who fails to comply with the requirements set forth in the written notice issued pursuant to section 3-37 shall, upon conviction, be sentenced to pay a fee not exceeding $500. (b) Failure to comply with the requirements set forth in a written notice issued pursuant to section 3-37 within the period of time prescribed in the notice, shall constitute a separate offense for each date of noncompliance. Section 3e39. Injunctive action. The County of Hawaii may maintain an action for an injunction to restrain any violation of the provisions of this article and may take any other lawful action to prevent or remedy any violation. 21 Section 3-40. Right of entry for authorized personnel. When it is necessary to make an inspection to enforce the provisions of this chapter, or when the chief engineer has reasonable cause to believe that there exists upon a building or upon a premises or upon a building site a condition which is contrary to ar in violation of this article which makes the building or premises or the building site unsafe, dangerous or hazardous, the chief engineer may enter the building or premises or the building site at reasonable times to inspect or to perform the duties imposed by this article, provided that if the building or premises is occupied that credentials he presented to the occupant and entry requested. If such building or premises is unoccupied, the chief engineer shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the chief engineer shall have recourse to the remedies provided by law to secure entry. Section 3-41. Limited liaibility of authorized personnel. The authorized personnel charged with the enforcement of this article, acting in good faith and without malice in the discharge of the duties required by this article or other pertinent law or ordinance shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the authorized personnel because of such act or omission performed by the authorized personnel in the enforcement of any provision of this article or other pertinent laws or ordinances implemented through the enforcement of this article shall be defended by the County of I-Iawaii until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the County. Section 3-42. Remedies cumulative. The remedies provided in this article shall be cumulative and not exclusive. 22 Division 13. General Provisions Section 3-43. Administration. The chief engineer shall enforce and administer all of the provisions of article one of this chapter. Whenever necessary, any official of another department of the County shall assist the chief engineer at the chief engineer's request, consistently with the usual duties of the official's department. Section 3-44. Compliance with this chapter and other laws. Any approval, permit, or variance issued pursuant to this chapter shall comply with all applicable requirements of this chapter. The granting of a permit or variance under this article does not dispense with the necessity to comply with any law, ordinance, regulation or any other provision of the Hawaii County Code to which a permittee may also be subject, Section 3-45. lrnplernentation of cornanunity design plans or guidelines. The Council may adopt sign provisions that implement special community design plans or guidelines that have been approved by the County Council. Section 3-46. Adoption of rules. The chief engineer and the planning director may adopt rules pursuant to Chapter 91, Hawaii Revised Statutes, necessary for the purposes of this chapter." SECTION 3. Chapter 3, article 2, section 3-52, Hawaii County Code 1983 (1995 edition), relating to 1oundaries -Kailua Village Signs, is amended to read as follows: "Section 3-52. boundaries. This article shall apply to Kailua village. The boundaries of Kailua village for purposes of this article shall be as delineated in the County Zoning Code, chapter 25, article 7, division 1, sec. 25-7-1, of the Hawaii County Code." 23 SECTION 4. Chapter 3, article 2, section 3-62, Hawaii County Code 1983 (1995 edition), relating to Variances - Kailua Village Signs, is amended to read as follows: "Section 3-62. Variances. The [commission] lp anninn~ director may grant a variance from any provision of this article." SECTION 5. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 6. This ordinance shall take effect six months after adoption. DUCED ~Y: . UNCIL MEMF~ R, C~ TY F HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: ~~~~Ht~ ~~i;. 4 5 4.13.::. APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: 24