HomeMy WebLinkAboutORD 1960-031COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE N0. 31
ENCROACHMENT ORDINANCE.
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY
OF HAWAII:
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 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
objects which exist in, under or over the highway excepting
that which has a clearance of thirteen (13) feet above the
surface of the highway,, or any railway bridge now extant.
c. 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 corners
of any street or highway intersection 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 abutting street is an
obstruction at intersection, excepting any tree, the foliage
of which is trimmed to a greater height than seven (7) feet.
Section 2. If any encroachment exists 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 forthwith
report such condition or complaint and the findings thereon
to the Traffic Safety Commission and, upon the prior approval
of the Traffic Safety Commission, shall, in the manner provided
in this Ordinance, give notice to remove such encroachment or
obstruction.
Section 3. a. A written notice for the removal of any
encroachment or obstruction shall be given by mailing the
same to either the owner, lessee or the person in control of
the encroachment or obstruction and by posting a copy of such
notice in the immediate vicinity of the encroachment or
obstruction.
b. The notice shall specify the place and the general
nature and extent of the encroachment or obstruction, and
shall zequire the removal of such encroachment or obstruction
within thirty (3U) days from date of mailing such notice.
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Section 4. If the encroachment or obstruction is not
removed, or its removal is not commenced and diligently
prosecuted, prior to the expiration of thirty (3U) days from
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, shall be paid by the owner, lessee, or the person
in control of the encroachment or obatruction, and the County
may institute action to recover the costs and expenses for
the removal of the same.
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 encroach-
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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