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Home My WebLink AboutORD 2008-092 2006-2008 JMtV Q! Nf COUNTY OF HAWAII STATE OF HAWAII ~~t os •M~i~ BILL NO. 283 ORDINANCE NO. 48 9W (DRAFT 2) AN ORDINANCE AMENDING CHAPTER 24, ARTICLE 8, DIVISION 1, SECTION 24-199 HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO ABANDONED SPECIAL MOBILE EQUIPMENT, VEHICLES, TRAILERS, AND EQUIPMENT ON WHEELS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to preserve and protect the quality of life, natural beauty, and rural character of our unique island community from adverse impacts caused by abandoned special mobile equipment, vehicles, trailers, and equipment on wheels. SECTION 2. Chapter 24, article 8, division 1, section 24-199, Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 24-199. Abandoned special mobile equipment, vehicles, trailers= and equipment on wheels prohibited; disposition. (a) No person shall abandon any special mobile equipment, vehicle, trailer., or equipment on wheels, whether operational or nonoperational, on the public highway. (b) For the purposes of this section, any special mobile equipment, vehicle, trailer, or equipment on wheels, whether operational or nonoperational, left unattended on any public or private street or thoroughfare which is subject to this chapter for more than twenty-four hours shall be deemed abandoned and may immediately be taken into custody by the police department. All such vehicles are declared to be public nuisances. (c) Such special mobile equipment, vehicles, trailers., or equipment on wheels shall be disposed of as required by chapter 290, Hawai'i Revised Statutes, as amended. (d) Where the registered owner of the abandoned special mobile equipment, vehicle, trailer., or equipment on wheels can be located, the registered owner of such special mobile equipment, vehicle, trailer., or equipment on wheels shall be subject to a fine of [&2-5] $250 and all reasonable expenses incurred by such removal. (e) The provisions of this section shall not be interpreted to contravene the provisions of 20-38." SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 4. 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 that 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 5. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEM R, COUNTY OF AWAI`I Hilo , Hawaii Date of Introduction: June 3, 2008 Date of 1 st Reading: June 3, 2008 Date of 2nd Reading: June 18, 2008 Effective Date: June 30, 2008 kLHRENC£: Comm. 1164.2 2 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii ..1 C Introduced By: K. Angel P i 1 ago ROLL CAI;; VOT Date Introduced: June 3, 2008 AYES NOES CABS EX First Reading: June 3, 2008 Ford X Published: June 13, 2008 Higa X Hoffmann X REMARKS: Ikeda X - Jacobson X Naeole X Pilago X Yagong X Yoshimoto X Second Reading: June 18, 2008 8 0 1 0 To Mayor: June 26, 2008 Returned: June 30, 2008 ROLL CALL VOTE Effective: June 30, 2008 AYES NOES ABS EX Published: July 9, 2008 Ford X Higa X REMARKS. Hoffinann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto x 9 0 0 0 1 DO HEREBY CERTIFY that the foregoing BILL was by the Coun Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: ' r- COU CIL CHAI DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII COU Y CLERK Date Bill No.: 283 (Draft 2) .,0~ d Reference: C-1164.2/PWIRC-76 4pprove Disapproved this ay 08 9z 4 j .20 Ord No.: 2 YOR, CO F HA WAI `I Ordinances Numbered 08-92, 08-93, 08-94, 08-95, 08-96, 08-97, 08-98, 08-99, 08-100, 08-101, 08-102, 08-103, 08-104, & 08-105 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on June 18, 2008, by vote, as listed below: Ordinance 08-92 (Bill 283, Draft 2): An Ordinance Amending Chapter 24, Article 8, Division 1, Section 24-199 Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Abandoned Special Mobile Equipment, Vehicles, Trailers, and Equipment on Wheels. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-93 (Bill 289): An Ordinance Amending Chapter 19, Article 1, Section 19-2 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Real Property Taxes; and Establishing a New Article Relating to Tax Credits. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-94 (Bill 290): An Ordinance Amending Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-95 (Bill 291): An Ordinance Amending Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-96 (Bill 293, Draft 2): An Ordinance Amending Ordinance No. 07 40 Which Reclassified Lands from Limited Industrial - 20,000 Square feet (ML-20) to Industrial-Commercial Mixed Use - 20,000 Square Feet (MCX-20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-35:47. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-97 (Bill 294): An Ordinance to Amend Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-98 (Bill 297, Draft 2): An Ordinance Amending Chapter 16, Hawaii County Code 1983 (2005 Edition, as Amended), Establishing a Framework for the Community Development Plans and Establishing the Community Development Plan (CDP) Action Committee. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-99 (Bill 302): An Ordinance Amending Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-100 (Bill 304): An Ordinance Amending Chapter 24, Articles 5 and 6, of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Inspections of Vehicles and Equipment. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-101 (Bill 306): An Ordinance to Amend Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-102 (Bill 309): An Ordinance to Amend Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawai` i for the Fiscal Year Ending June 30, 2008. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-103 (Bill 310): An Ordinance to Amend Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-104 (Bill 311): An Ordinance to Amend Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-105 (Bill 312): An Ordinance to Amend Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawai` i for the Fiscal Year Ending June 30, 2008. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto,'and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. i Casey Aan County Clerk (Hawai` i Tribune-Herald - July 9, 2008) (West Hawaii Today - July 9, 2008) Note: The original Digest/Affidavit is attached to Ordinance No. 08-92.