HomeMy WebLinkAboutORD 1947-041
COUNI`Y OF HAWAII
TERRITORY'OF HAWAII
ORDINANCE N0. 41
ENCROACH11iENT URUINANCE.
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF HAWAII:
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Section 1. Definitions. Aa used in this Ordinance: 1"~e
e. Street or Highway: The entire width between property
lines oP every way or place of whatever nature when any part thereof
is open to the use of the public, as a matter of right, for the purpose
of ,vehicular traffic, shall be deemed a street or a highway.
b. Encroachment: The term "encroachment" includes any hedge,
shrubbery, crop, fence, flume, tree or other similar obfects which
eaist in, under or over the highway excepting that which has a
clearance of 13 Peet above the surface of the highway, or any railway
bridge now extant.
Obstruction: The term "obstruction" includes any hedge,
shrubbery, grass, weeds, crop, fence, tree or other similar object,
maintained or permitted within the area. between the chord of an arc
with a radius of thirty (30) feet from the intersection of property
lines at the eornera of any street or highway intersection and the
property lines thereof, when any point of such obstruction within the
said area eatends to a greater height than thr::e (3) feet above the
nearest edge of the roadway of the abutting street is an obstruction
at intersection, eacepting any tree, the foliage of which is trimmed
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to a greater height than seven (.7) feet.
` Section 2. If any encroachment exists in, under or over
any portion of any atx•eet or highway within the County or if any
obstruction exists within the City oP Hilo, and the same shall be
observed by or a complaint thereof made to the Department of Public
.w
Works oP the County of Hawaii, then the Department of Public Works
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shall investigate and forthwith report such condition or complaint
and the findings thereon to 'the Traffic Safety Commission and, upon
the prior approval of the Traffic 'afety Commission, shall, in the
manner provided in thin Ordi.nar~ce, give notice to remove such
encroachment or obstruction.
erection 3. e. P. written notice for the .rem.oval of any
encroachment or obstruction shol!. be given by mailing the same to
either the owner, lessee or the person in control oP the encroachment
oT obstruction and by posting a copy of such notice`in the immediate
vicinity of the encroachment or obstruction,
b. Tha notice shall. specify the place and the general nature
and extent of the ~neroaehment or obstruction, and shall require the
removal of such encroachment or obstruction within thirty~(30) days
fr.om.date of mailing such notice.
Section 4. If the ener.oachment or obst.ruati®n is not removed,
or its removal is not commenced and diligently prosee~ited, prior to
the expiration of thirty (30) days Prom and after mailing of notice,
the Department of Public Works may proceed
coats, sustained or incurred ir. the course
encroachment or obstruction, shall b~ paid
the person in control of the encroachment
County may institute action to recover the
the removal of the same.
to remove the satpe. All
oP ao removing the
by the owner, lessee, or
~r obstruction, and the
costs and expanses for
Section 5.
a. If the encroachment or obstruction is not removed, or its
removal is not commenced and diligently prosecuted, prior to the
expiration of thirty (30) days from and after the mailing of the notice,
the owner, lessee or person in control, so notified, shall be deemed
to have committed a separate offense for every day that such encroeoh-
ment or obstruction is permitted. to remain.
b. Each offense shall be punished by a fine of not more than
$100.00.
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