HomeMy WebLinkAboutORD 1945-141COUNTY OF HAWAII
TERRITORY OF HAWAII
Ordinance No. 141
ENCROACHMENT ORDINANCE
Section 1: Definitions. As used in
this Ordinance:
a. Street or Highway: The entire
width between property lines of
every way or place of whatever
nature when any part thereof is
open Co the use of the public,
as a matter of right, far the pur-
pose of vehicular traffic, shall
be deemed a street or a highway.
b. Encroachment: The term "en-
croachment" includes any hedge,
shrubbery, crop, fence, flume, tree
or other similar objects which
exist in, under or over the high-
way excepting that which has a
clearance of 13 feet above the
surface of the highway, or any
raihvay bridge now extant.
c. Obstruction: The term "obstruc-
tion" includes any hedge, shrub-
bery, grass, weeds, crop, fence,
tree or other similar object,
maintained or permitted within
the area between the chord of
an azc with a radius of thirty
(30) feet from the intersection
of property lines at the corners
of any street or highway inter-
section and the property lines
thereof, when any point of such
obstruction within the said area
extends to a greater height than
three (3) feet above the nearest
edge of the roadway of the abut-
ting street is an obstruction at
intersection, excepting any tree,
the foliage of -which is trimmed
to a greater height than seven
(71 feet.
Section 2: If any encroachment ex-
ists in, under or over any portion
of any street or highway within
the County or if any obstruction
exists within the City of Hilo,
and the same shall be observed
by or a complaint thereof made
to the Department of Public
Works of the County of Hawaii,
then the Department of Public
Works shall investigate and forth-
with report such condition or com-
plaint and the findings thereon
to the Traffic Safety Commis-
sion, and, upon the prior ap-
proval of the Traffic Safety Com_
mission, shall, in the manner pro-
vided in this Ordinance, give no-
tice to remove such encroach-
ment or obstruction.
Section 3;
a. A written notice for the removal
oP any encroachment or obstruc-
tion shall be given by mailing
the same to either the owner,
lessee cr the person in control
oP the encroachment or obstruc-
tion and by posting a copy of
such notice in the immediate
vicinity of the cnmroachment or
obstruction.
b. The notice shall specify the place
and the general nature and ex-
tent of the encroachment or ob-
struction, and shall require the
removal of such encroachment ar
obstruction within thirty (30)
days frcm date of mailing such
notice.
Section 4: If the encroachment or
obstruction is not remcved, or its
removal is not rommenced and di-
ligently prosecuted, prior to the
expiration oY thirty (30) days
front and after mailing of notice,
the Department of Public Works
may proceed to remove the same.
All costs, sustained or incurred in
the course of so removing the
encroachment or obstruction shad
be paid by the owner, lessee, or
the person in control of the en-
croachment or obstruction, and
the County may institute action
to xeeover the costs and expenses
for the removal of the same.
Section v:
a. If the eneroachrnent or obstruc-
tion is not removed, or its re-
moval is not commenced and di-
ligently prosecuted prior to the
expiration oR thirty (3C) days
from and after the mailing of
the notice, the owner, lessee or
person in control, so notified,
shall be deemed to have com-
mitted a sepaa'ate offense for
every day that such encroach-
ment ar abstraction is permitted
to remain.
b. Each offense shall be pm:ished
by a fine of not more thaw
$100.00.
Sectian 6: This Ordinance shall take
effect upon its approval.
Introduced by:
(SgdJ EDWCN A. DE SILVA
Supervisor, Lst Representative
District
DATE OF INTRODUCTION:
September B, 1945
ffilo, Hawaii
TERRITORY OF IiAWAII) SS
COUNTY OF HA~4'AII )
I HEREBY CERTIFY that the
foregoing Ordinance was regularly
considered at a meeting of the Board
oP Supervisors of the County of Ha-
waii held at the County Seat upon
the 20th day of November, A. D. 1945,
and upon being put to vote said Or-
dinance was adopted by a unanimous
veto cf the Supervisors at said meet-
ing.
IN WITNESS WHEREOF, I have
hereunto set my hand and affixed
the seal of the County of Hawaii
upcu this ZCth day cf November, A.
D. 19:5.
SEAL)
~SGDJ EDV7IN M. DESHA
1st Deg. County Clerk of
the County of Hawaii