HomeMy WebLinkAboutCOM 1050.001 2006-2008
Hawaii Revised Statutes
(colorization and underlining for emphasis provided by Brenda Ford)
[§46-11.5] Maintenance of channels, streambeds, streambanks, and drainageways.
Notwithstanding any law to the contrary, each county shall provide for the maintenance of
channels, streambeds, streambanks, and drainageways, whether natural or artificial, including
their exits to the ocean, in suitable condition to carry off storm waters; and for the removal from
the channels, streambeds, streambanks, and drainageways 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
ex ensej and any private entity or person refusing to comply with any final order issued by
thCe6dinty shall be in violation of this chapter and be liable for a civil penalty not to exceed
"3500 fo`r each day the violation continues; provided further that it shall be the responsibility
of the county to maintain all channets, streambeds, streambanks, and drainageways unless
such channels, streambeds, streambanks, and drainageways are privately owned or owned
by the State, in which event such channels, streambeds, streambanks, and drainageways
shall be maintained by their respective owners. [L 1986, c 121, §2]
Vo102 Ch0046-0115
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Hawaii Revised Statutes
[§46-11.5] Maintenance of channels, streambeds, streambanks, and drainageways.
Notwithstanding any law to the contrary, each county shall provide for the maintenance of
channels, streambeds, streambanks, and drainageways, whether natural or artificial, including
their exits to the ocean, in suitable condition to carry off storm waters; and for the removal from
the channels, streambeds, streambanks, and drainageways 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 refusing 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 $500 for each day the violation
continues; provided further that it shall be the responsibility of the county to maintain all
channels, streambeds, streambanks, and drainageways unless such channels, streambeds,
streambanks, and drainageways aze privately owned or owned by the State, in which event such
channels, streambeds, streambanks, and drainageways shall be maintained by their respective
owners. [L 1986, c 121, §2]
Vo102 Ch0046-0115