HomeMy WebLinkAboutBIL 112 Draft 01 1996-1998
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COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 112
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 27, OF THE HA WAIl COUNTY CODE 1983
(1995 EDITION), RELATING TO FLOOD CONTROL.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 27, article 6, of the Hawaii County Code (1995 edition), is
amended by adding the following to be appropriately numbered and to read as follows:
Section 27-_. Removal of encroachment and/or obstruction notices.
In addition to any other section, if any encroachment and/or obstruction
exists, under, over or through any portion of a drainageway, floodway, levee
system or watercourse within the county and the encroachment and/or obstruction
is observed, or a complaint made to the department of public works of the County
of Hawaii, then the department of public works shall investigate and forthwith,
give notice to the responsible owner, lessor or other person in control of the
encroachment and/or obstruction to remove the encroachment and/or obstruction
in the manner provided in this section.
Section 27-_. Removal by county; costs.
If the encroachment and/or obstruction is not removed or its removal is not
commenced and diligently prosecuted prior to the expiration of thirty days after
mailing of notice, the department of public works may proceed to remove the
encroachment and/or obstruction by itself or contract for its removal. All costs
incurred in the course of removing the encroachment and/or obstruction shall be
paid by owner, lessee or the person in control ofthe encroachment and/or
obstruction and the county may institute an action to recover costs and expenses
for removal of the encroachment and/or obstruction. The county may also place a
lien against the encroaching and/or obstructing parcel for any uncollected costs.
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SECTION 2. New material is underscored. In printing this ordinance, the underscoring
need not be included.
SECTION 3. 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 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
YOFHAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
August 6, 1997
August 6, 1997
October 1, 1997
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Rf.FERENCE: Comm. 387
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