HomeMy WebLinkAboutBIL 112 Draft 02 1996-1998
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COUNTY OF HAWAII
STATE OF HAWAII
ORDINANCE NO. 97 :128
BILL NO. 112
Draft 2
AN ORDINANCE AMENDING CHAPTER 27 OF THE HAWAII COUNTY CODE 1983
(1995 EDITION), RELATING TO FLOOD CONTROL.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW All:
SECTION 1. Chapter 27, article 6, of the Hawaii County Code 1983 (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 owner 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 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."
SECTION 2. 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.
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SECTION 3. This ordinance shall take effect upon its approval.
IN'R~.oDUCED BY:
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COUNCIL MEMB
Hilo,Hawaii
Date of Introduction: August 6, 1997
Date of 1st Reading: August 6, 1997
Date of 2nd Reading: October 1, 1997
Effective Date: October 16, 1997
~fER.EhlCEc Comm. 387 . 03
APPROVED AS TO FORM AND LEGALITY
pEl:U1Y co~o~
DATED:
,OCT_ .J 199Z
Y OF HAWAII