HomeMy WebLinkAboutORD 1967-041..
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ENCROACH"i.iEiQT ORDIIdADICE ,
BE I^1 ORDAINED BY TILE BOARD OF 3ItPERVISORS OF THP; COUNTY OF
HAiIAI I
SECTION 1. Definitions. is used in this Ordinance:
a, Street or Highway; The entire widtl: 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 rail~~ray bridge now extant.
c, Obstruction: `ihe 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 wry cncroaclunent exisi.s in, under or over any
portion of any street or highwway within the County or if any
obstruction exists within the City of Ili lo, and the same shall be
observed by or a complaint thereof made to the Department of Public
iJorks of the County of Iiawaii, then the Department of Public i'Jorks
shall investigate and forthwith repcri.. such condition or complaint
and the findings thereon. to the 'Traffic Commission and, upon the
prior approval of the Traffic Conunission, shall, in the manner
provided in this Ordinance, give notice to remove such encroachment
or obstruction,
SECTIOPI 3. a. Il 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 require
the removal of such encroachmenl= or obstruction tirithin thirty (30)
days from date of mailing such notice,
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 (30) days from and after mailing of
notice, the Department of Public PJorks may proceed to remove the
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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 encroaclunent or obstruction,
and the County may institute action to recover 1. he 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 sucYi encroachment or obstruction is permitted to
remain.
b. Each offense shall he punished by a fine of not more
than :100.00.
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