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HomeMy WebLinkAboutCOM 0700.000 1998-2000 Stephen IC Yamashiro ~ ` Jiro A. Sumada .4layor ~ Deputy ChrefEngineer C~aun#g of ~ttfnttti DEPARTMENT OF PUBLIC WORKS 25 Aupuni Street, Room 202 Hilo, Hawaii 96720-4252 (808) 961.8321 'Fax (808) 961-8630 February 18, 2000 rc - - - - THE HONORABLE JAMES Y. ARAKAKI, COUNCIL CHAIRMAN - AND COUNCILMEMBERS HAWAII COUNTY COUNCIL _ COUNTY OF HAWAII HILO, HAWAII 96720 SUBJECT: DRAFT BILL TO AMEND CHAPTER 22, RELATING TO STREETS AND SIDEWALKS, OF THE HAWAII COUNTY CODE Forwarded for your consideration is a draft bill which repeals Chapter 22, Streets and Sidewalks in its entirety. This chapter was rewritten to codify, modernize and streamline procedures, correct deficiencies and to eliminate antiquated and inapplicable provisions. Consequently, this draft bill includes many substantial changes in organization and content. We are also providing a General Information sheet, Table of Contents and an annotated version of the draft bill with shaded commentary. We hope that these references will help in the Council's review of this draft bill. Your attention and favorable consideration of this bill will be sincerely appreciated. APPROVED: JI O A. SU DA EPHEN K. AMASHIRO Depu Chie ngineer Mayor, County of Hawaii Enclosures: Drafr Bill General Information Sheet TableofContents % On file in the Office of the County Clerk Annotated Draft Bill _ Comm. No. 700 cc: Eng (G. Kuba) 1•Sle No. (-{GG ~5T2 Corp Counsel (G. Takase) Pw ~ 8/ eZ ~ Ref, To: H:\Galen\Data\WP Files\MEMOS\Council\Counci12000.wpd(1) MAR 2 0 2000 ReY. Date GENERAL INFORMATION REVISIONS TO CHAPTER 22, STREETS & SIDEWALKS GENERAL • This Chapter is applicable to County SVeets only unless otherwise noted. • Reorganized Chapter to give it more structure and order. • Use of County sVeets for profiUprivate use is generally prohibited. The County Council may grant exceptions under Sections 2-111, 2-119 and 25-4-6 of the Hawaii County Code. • Permitting requirements have been revised to better reflect current procedures and needs. • Technical requirements have been modernized to better address current needs and problems. • ADA considerations have been included whenever necessary. SIGNIFICANT DELETIONS • Permitting provisions to install livestock gates across a County roads. • Permitting provisions to allow caftt table service and other commerciaUprivate activities. • Prohibited acts on bridges and elevated structures. • Provisions for peddling. • Mandatory installation of curb, gutter and sidewalk through County Council resolution. • Provisions to repair private roads. • Provisions for utilities on Federal and Secondary County Highways. SIGNIFICANT CHANGES • Commercial signs and other advertising material within a County street is prohibited • Permitting responsibility for non-commercial uses on County streets delegated to the Chief Engineer. • Permitting responsibility for banners across streets delegated to the Chief Engineer. • Street naming responsibility delegated to the Planning Director. • Numbering of homes and businesses residence will be mandatory throughout the County. • Property owners will not be responsible for sidewalk damages caused by age or poor construction. • Property owners will be responsible for the caze and maintenance of their driveway approaches. • New driveway requirements commercial and industrial uses. • New section for variances • New penalty and enforcement provisions that emphasize corrective actions instead of monetary fines. x',11 22.3 CHAPTER 22 COUNTY STREETS Article 1. General Provisions Section 22-1.1 Intent and purpose. Section 22-1.2. Defmitions. Article 2. Prohibitions Section 22-2.1. Encroachments. Section 22-2.2. Intersection sight distance. Section 22-2.3. Damage. Section 22-2.4. Impeding and obstructing the public; endangering persons and property. Section 22-2.5. Commercial use of county streets. Section 22-2.6. Signs and other advertising materials. Article 3. Use of County Streets Division 1. Types of Permits. Section 22-3.1. Types of permits. Section 22-3.2. Public utilities exemption. Division 2. Banner Permits Section 22-3.3. Banner permits; application. Section 22-3.4. Banner permit; criteria for granting. Division 3. Publication Dispenser Permits Section 22-3.5. Publication dispenser permits; application. Section 22-3.6. Publication dispenser permit: criteria for granting. Division 4. Sidewalk Use Permits Section 22-3.7. Sidewalk use permit; application. Section 22-3.8. Sidewalk use permit; criteria for granting. Division 5. Permit Conditions Section 22-3.9. Permit conditions. Division 6. Permit Fees Section 22-3.10. Fees. Article 4. Construction in County Streets Division 1. Permitting Section 22-4.1. Construction permit required. Section 22-4.2. Construction permits; application. Section 22-4.3. Construction permits; criteria for granting. Section 22-4.4. Construction permits; conditions. Section 22-4.5. Construction permit; fees. Division 2. Sidewalk Standazds Section 22-4.6. Maintenance of sidewalk azea. Section 22-4.7.. Sidewalk repair. Division 3. Driveway Approach Standazds Section 22-4.8. Proper driveway approach required. Section 22-4.9. Standazds for driveway approaches. Section 22-4.10. Maintenance of driveway approaches. Article 5. Addresses Division 1. Street Names Section 22-5.1. Posting street names at intersections. Section 22-5.2. Adoption of street names. Section 22-5.3. Street name repository. Division 2. Building Numbering Section 22-5.4. Numbering houses and buildings mandated. Section 22-5.5. Numbering buildings regulated. Section 22-5.6. Buildings to be numbered; duties of the property owner. Section 22-5.7. Assignment of building numbers. Section 22-5.8. Application for a building number. Section 22-5.9. Standazds for posting building numbers. Article 6. Speed Humps Section 22-6.1. Powers and duties of chief engineer. Section 22-6.2. Requests for approval. Section 22-6.3. Process for approval. Article 7. Variances Section 22-7.1. Variances; application. Section 22-7.2. Variances; criteria for granting. Section 22-7.3. Variance application fees. Article 8. Violations, Penalties, Enforcement Section 22-8.1. Violations. Section 22-8.2. Administrative enforcement. Section 22-8.3. Criminal prosecution. Section 22-8.4. Injunctive action. Section 22-8.5. Emergency powers; procedures. Section 22-8.6. Corrective work by the County; costs. Section 22-8.7. Limited liability of authorized personnel. Section 22-8.8. Remedies cumulative. Article 9. Legal Compliance and Rule Making Section 22-9.1. Compliance with this chapter and other laws. Section 22-9.2. Adoption of rules. ANNOTATED DRAFT BILL AN ORDINANCE AMENDING CHAPTER 22, OF THE HAWAII COUNTY CODE 1983 (1995 EDITION), RELATING TO STREETS AND SIDEWALKS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 22 of the Hawaii County Code is hereby repealed in its entirety. SECTION 2. The Hawaii County Code is amended by adding a new Chapter 22 which shall read as follows: "CHAPTER 22 COUNTY STREETS Article 1. General Provisions Section 22-1.1. Intent and purpose. The county council finds that the primary function of county streets is to provide safe, efficient and orderly passage of pedestrians, vehicles, and other means of transportation and where appropriate, to provide safe, efficient and orderly access to adjoining properties. This chapter seeks to establish a program which preserves and promotes this primary function by defining and regulating construction within a county street; and uses within or adjacent to a county street that aze not an integral pazt of its infrastructure or necessary for safe and lawful operation on a street. These provisions do not apply to private streets or to streets owned by the State of Hawaii including the Department of Hawaiian Homes Lands unless otherwise agreed to by the State or the Department of Hawaiian Homes Lands. -1- ;''rll 2-I ~i - ~I~C The council fiuther declares that it is in the interest of public safety and welfare to mandate the naming of all streets and the numbering of all houses and commercial buildings in the county. A fully implemented street naming and building numbering program would facilitate all transactions which depend on the expeditious location of a street or building in the county. Section 22-1.2. Definitions. As used in this chapter unless otherwise specified: (1) "Banner" means any temporary sign which is suspended over a county street. (2) "Building" means a structure which is occupied for residential purposes or used as a place of business. (3) "Chief engineer" means the head of the county department of public works or their duly authorized representative. (4) "Chief of police" means the head of the county police department or their duly authorized representative. (5) "Common driveway approach" means a driveway approach that is located along the frontage of two or more properties and is used as an ingress and egress to said properties. (6) "Driveway" means a road on private or public property giving access from a private or public street to an established use on the property. (7) "Driveway approach" means an area between the edge of the roadway and property line of any county owned or maintained street that provides ingress and egress to an abutting property. (8) "Engineer" means a privately employed licensed professional civil engineer. (9) "Official county street name" means a street name that has been adopted by the council by duly promulgated resolution or by the planning director. (10) "Person" or words importing persons, for instance, "another," "others," "any," "anyone," "anybody," and the like signify not only individuals, but corporations, firms, associations, societies, communities, assemblies, inhabitants of a district, or neighborhood, or persons known or unknown, and the public generally, where it -2- appears, from the subject matter, the sense and connection in which such words are used, that such construction is intended. (11) "Planning director" means the head of the county planning department or their duly authorized representative. (12) "Roadway" means that portion of a county street, excluding shoulders, curbs, gutters, sidewalks or other roadside drainage facilities, used exclusively by vehicular traffic. (13) "Sidewalk" means that portion of a county street defined by a vehiculaz sepazation device such as a concrete, asphaltic concrete or rolled concrete curb that is intended for pedestrian or other non-vehiculaz use. (14) "Speed hump" means a gentle rise in the profile of the road that is used to regulate the speed of a vehicle. (15) "Street" means the entire width between property lines of any county owned and maintained street, avenue, road, alley, highway, lane, path or other place opened, improved and established for the use of vehicles, pedestrians or both, except as otherwise provided by law. This term shall include roadways as well as sidewalks. [By definition, this excl#idt~~ DHH~ owned but ~ounymaziitcrned streets:I (16) "Vehicle" means every licensed or otherwise authorized device in, upon or by which any person or property is or may be transported or drawn upon a roadway. (17) "Violator" means the property owner, lessee, or the person responsible for the violation. Article 2. Prohibitions Section 22-2.1. Encroachments. No object shall be allowed in, under, or over any county street excluding objects that aze intended or permitted by the chief engineer, chief of police or other provisions of law to be in, -3- under, or over a county street, or which has a clearance of fifteen feet or more above the surface of the street, such as the canopy of trees. [Because of similarities in definition between encroachments and obstructions, for clarity, deleted former references to obstructions. Language allows barricades for. temporary road or lane closures as approved by!the chief engineer~br ~Itiefofpoftce:j`or special events, parades, construction activities, etc.J r~ele;ed permit provisions, Sections 2~- IO'through 22-77, for7iveslock gates across a county street as.we'have notissued a permit in20 years, it is archaic and an unnecessary liab[ity.J Section 22-2.2. Intersection sight distance. (a) To preserve adequate vehicular sight distance at intersections formed by two or more county streets, no object with a height between three feet and eight feet above the neazest surface of the county street shall be allowed within the azea defined by the chord of an azc having a radius of thirty feet from the intersection of property lines or their extensions that form the intersection. [Fo£merly defined ks an obstruction. ;Deleted.referenees to obstruction as coneernzs sight tlistance:ar intersections.) (b) Whenever unusual conditions exist, such as steep road grades, non-perpendiculaz intersections or intersections having more than two county streets, the chief engineer, may, after an appropriate analysis, establish an area greater or lesser than that defined in this section. ~'Ezpands authority to allow far unusual situations such as the intersection of Kapiolani and Haili Streets in Hilo where the'usual definition would not be effective.) Section 22-2.3. Damage. (a) No person shall transport any materials or operate any vehicle, trailer, machinery, equipment or any other means of conveyance upon or across any county street in such a manner that it scratches, mars, excavates or otherwise damages any portion of the street. [Similar to former Section 22-18 (a)r& (b) butwith simpler language:) (b) Unless otherwise permitted by the chief engineer, no person shall drop or spread oil, paint, gravel, or any other substance or object upon any county street in a manner or in an amount -4- which creates an unreasonable risk to persons or property. [New section.) [Originally considered deletion of this section as there are other similar conditions such as Chapter 14, General Welfare, Section 14-40.1 and Chapter 24, Vehicles and Traffic, Sections 24-]56 and 24-157. However, corporation counsel recommended its retention to reinforce these other provisions.) Section 22-2.4. Impeding and obstructing the public; endangering persons and property. (a) No person, without a legal privilege to do so, shall knowingly or recklessly render impassable, without unreasonable inconvenience or hazard, any county street, whether alone or with others. [Identical to former Section:2Z-32(a),;J (b) No person shall knowingly or recklessly engage in conduct which creates an unreasonable risk or harm to any person or property on any county street. [Identicakto former Section 22.32(b).J Section 22-2.5. Commercial use of county streets. Except as permitted by the Hawaii county council, no person shall use any portion of a county street for the purpose of displaying, vending, hawking, selling, renting or leasing any goods, wares, food, merchandise or other kinds of property. [New section prohibiting oll,business uses within. county streets including cafe tst$le erviee. The council may still permit commercial activities through Sections 2-111, 2-119 and 23-4-6.J Section 22-2.6. Signs and other advertising materials. Unless otherwise allowed by law, no person shall place, leave, deposit or install any privately owned signs, hand bills, posters or other related advertising material on or above any county street. Private signs and other advertising materials are prohibited and shall be subject to immediate removal by the department of public works according to the provisions of this chapter. [New section prohibiting placement of advertising materials in„County Streets. F,,xceptiQrls.;np~t?~ ?>;az'quec sigkts over a sidewall~ and banners;over a;C'otlntZr Street,] -5- [Deleted pravisions for peddling;:Sections 22-29 through 22-3: Section is unnecessary as commercial activities within a County street is prphibited.J [Deleted pravisions forprohibited acts. on bridges and elevated structures, Section 22-28: Prohibits such.ttgplaying,':diving,fishing, etc.; iftzprohibition;isngcessary,.~enforeementbettersuitedunder HCC Chapter 24, Vehicles and Traffic with the posting of an appropriate rggulgCOry.,~ign. Article 3. Use of County Streets [New article that rggulates use of all County streets, :not only tivithimthe:city limits of Hilo. Permilting.authority is DPW instead of the`County Council) Division 1. Types of Permits Section 22-3.1. Types of permits. (a) "Banner permits" include permits to temporarily place a banner over and across a county street. [New permit issued by DPW, formerly'issued by the County Council under Chapter 3, ActvertisttgandSigns, Sections 3-02 (a)(9) ,and 3-32'(6).) (b) "Publication dispenser permits" include permits to place newspaper stands, news racks, or other dispensers of handbills or other printed or written materials on or over a county sidewalk. [Permit issued by DPW instead of the County Council; expanded authority of permit o regulate other publications such astourist pamphlets, etc.) (c) "Sidewalk use permits" include permits to place garbage receptacles, decorative planters, public benches, required provisions for the disabled or other items which will be placed in or on the county street for non-commercial purposes that aze deemed by the chief engineer to promote public welfare. [Except for publication dispensers and improvements that would make a business ADA accessible, there are no provisions to allowcommercial uses within a county street. The council still may permit commercial activities through Sectian 2-111, 2119 and 25-4-6.J -6- Section 22-3.2. Public utilities exemption. Public utilities that have an executed utility franchise, or other legally binding agreement with the County of Hawaii, including provisions of the Hawaii State statutes, are exempt from the. provisions of this article. [Use of County roadways by telephone and electric companies is permitted by HRS.) Division 2. Banner Permits Section 22-3.3. Banner permits; application. Any person who is an authorized representative for the subject to be publicized by the banner may apply for a banner permit. Permit applications shall be submitted upon a form designated by the chief engineer and shall include, at a minimum, the following information and attachments: [New section defining requirements that will be the basis for an application form: j (1) General applicant information, i.e. name, address, phone number. (2) A map showing the county street and approximate location of the banner. (3) A description of where and how the banner will be anchored or secured. (4) Length and width dimensions of the banner. (5) The height of the lowest edge of the banner above the highest point of the roadway. (6) The duration of time for which the permit is requested. (7) A description or sketch of the banner's visual content. (8) Statements from all owners and lessees of property fronting the banner consenting to its placement in front of or within their properties. (9) An agreement, to be approved by the corporation counsel, which indemnifies, defends and holds harmless the County of Hawaii, its officers and agents thereof, from all claims, demands, suits, actions, or proceedings of every name, chazacter, and description which may be brought against the County of Hawaii for or on account of any injuries or damages to any person or property received or sustained by any person by or in consequence of any act or acts of the holder of the permit for actions done -7- under the permit. [Same criteria as Section 3-32 (b); to be approved by corporation counsel. J (10) A certificate of insurance or a copy of a public liability insurance policy approved by corporation counsel, and including as an additional named insured the county, its officers, representatives, employees, and agents covering any claim or liability for damages, injuries or death resulting from any of the uses permitted hereunder. The minimum amount of coverage under such policy shall be $1,000,000 per occurrence. The policy shall be kept in force until the banner is removed from the county street. [Same criteria as Section 3-32 (b); coverage. amount was suggested by corporation counsel, previously-$300,000; to be approved by corporatiorocounsel.] Section 22-3.4. Banner permit; criteria for granting. The chief engineer may issue a banner permit for a period not to exceed seven consecutive days unless otherwise authorized by the chief engineer if the following criteria aze met: [Same intent as Section 3-2"(a)(9)J (1) The banner will not exceed one-hundred squaze feet and the lowest edge of the banner will be at least fifteen feet above the highest point of the roadway. [Same as Section (2) All property owners and lessees fronting the location of the proposed banner have consented in writing to erecting the banner. [New criteria.] (3) The applicant has agreed to indemnify, defend and hold harmless the county as provided above, to the satisfaction of the corporation counsel. [No change in criteria except that corporation counsel is to approve the indemnification statement.] (4) The applicant has submitted a certificate of insurance or a copy of a public liability insurance policy issued by a carrier naming the county as an additional insured as provided above, to the satisfaction of the finance director and the corporation counsel. [No change in criteria except that agency approvals have been specified.] (5) The chief engineer finds that the banner will not unreasonably impede or endanger pedestrians, including the disabled, or other public use of the street. [New criteria; -8- specifying consideration for the disabled.) (6) If a complete application (with all required supplemental data, maps, certificate of insurance, etc.) is submitted to the chief engineer for review and approval and no action (approval, disapproval, deferral or modification) is taken within thirty days after submittal, the permit shall be deemed approved subject to applicable terms and conditions of this article. [New criteria; processing time limit.) Division 3. Publication Dispenser Permits Section 22-3.5. Publication dispenser permits; application. The publisher, editor, distributor or seller of any newspaper or any other publication may apply for a publication dispenser permit. Permit applications shall be submitted upon a form designated by the chief engineer and shall include, at a minimum, the following information and attachments: [New section defining reguirements that will. be the basis for an;applicgtion form.] (1) General applicant information, i.e. name, address, phone number. (2) A description and map of the location of the publication dispenser. (3) The duration of time for which the permit is requested. (4) The height of the publication dispenser. (5) The width of the sidewalk that the dispenser will occupy and the cleaz space that will remain on the sidewalk after the dispenser is in place. (6) Statements from all owners and lessees of property fronting the publication dispenser consenting to its placement in front of their properties. (7) An agreement, to be approved by the corporation counsel, which indemnifies, defends and holds harmless the County of Hawaii, its officers and agents thereof, from all claims, demands, suits, actions, or proceedings of every name, chazacter, and description which may be brought against the County of Hawaii for or on account of any injuries or damages to any person or property received or sustained by -9- any person by or in consequence of any act or acts of the holder of the permit for actions done under the permit. [Same intent as Section 22-23 (b); o be approved by corporation counsel.) (8) A certificate of insurance or a copy of a public liability insurance policy approved by corporation counsel, and including as an additional named insured the county, its officers, representatives, employees, and agents covering any claim or liability for damages, injuries or death resulting from any of the uses permitted hereunder. The minimum amount of coverage under such policy shall be $1,000,000 per occurrence. The policy shall be kept in force until the publication dispenser is removed from the county street. [New insurance reguirement,J Section 22-3.6. Publication dispenser permit; criteria for granting. The chief engineer may issue a publication dispenser permit for a period not to exceed one yeaz if the following criteria are met: [Sgme intent, as Section 22-3 (g).J (1) The publication dispenser does not exceed four feet in height. [No change in criteria; uncertain why this was established; aesthetics?J (2) The publication dispenser does not occupy one-fifth of the width of the sidewalk and will leave a cleaz width of at least three feet. [New minimum widthcriteria for the disabled.) (3) All property owners and lessees fronting the publication dispenser have consented in writing to the use of the sidewalk area. [No change in criteria.) (4) The applicant has agreed to indemnify, defend and hold harmless the county as provided above, to the satisfaction of the corporation counsel. [1Vo change in criteria except that corporationcounsel`is to approve the indemnifcation statement.) (5) The applicant has submitted a certificate of insurance or a copy of a public liability insurance policy issued by a carrier naming the county as an additional insured as provided above, to the satisfaction of the finance director and the corporation counsel. [No change in criteria except that agency approvals have been specified.) -10- (6) The chief engineer finds that the publication dispenser will not unreasonably impede or endanger the disabled or the public use of the sidewalk azea or interfere with vehicular sight distance at intersections and driveways. [New criteria; specifying consideration for the disabled; provision ro address unforseen sight distance problems.) (7) If a complete application (with all required supplemental data, maps, certificate of insurance, etc.) is submitted to the chief engineer for review and approval and no action (approval, disapproval, deferral or modification) is taken within thirty days after submittal, the permit shall be deemed approved subject to applicable terms and conditions of this article. [New criteria; processing time limit.) Division 4. Sidewalk Use Permits Section 22-3.7. Sidewalk use permit; application. Any person who is an authorized representative for the use being requested may apply for a sidewalk use permit. Permit applications shall be submitted upon a form designated by the chief engineer and shall include, at a minimum, the following information and attachments: [New section defining requirements that will be the basis for an application form.) (1) General applicant information, i.e. name, address, phone number. (2) A description and map of the proposed location showing where the proposed items or proposed use will be located. (3) A description of the items that will be placed on the county street. (4) Dates and hours of proposed use. (5) The height of any items that will be placed on the county street. (6) The width of the sidewalk that the activity will occupy and the remaining cleaz space. (7) Statements from all property owners and lessees of property fronting the site that will be occupied which consent to the proposed use fronting their properties. -11- (8) An agreement, to be approved by the corporation counsel, which indemnifies, defends and holds harmless the County of Hawaii, its officers and agents thereof, from all claims, demands, suits, actions, or proceedings of every name, chazacter, and description which may be brought against the County of Hawaii for or on account of any injuries or damages to any person or property received or sustained by any person by or in consequence of any act or acts of the holder of the permit for actions done under the permit. [Same intent as Section 22-25 (d); to 6e approved bycorporation counsel.] (9) A certificate of insurance or a copy of a public liability insurance policy approved by corporation counsel, and including as an additional named insured the county, its officers, representatives, employees, and agents covering any claim or liability for damages, injuries or death resulting from any of the uses permitted hereunder. The minimum amount of coverage under such policy shall be $1,000,000 per occurrence. The policy shall be kept in force until the proposed use is terminated and the permitted items are removed from the county street. (Same intent,as Section 22-25 (e); :coverage amount uggested,by corporation: counsel; previously $SOQ 000 (bodily) / $50, 000 (property); to be;approved'corporaton counsel.] Section 22-3.8. Sidewalk use permit; criteria for granting. Unless otherwise prohibited, the chief engineer may issue a sidewalk use permit for a period not to exceed one year unless otherwise authorized by the chief engineer if the following criteria are met: {New criteria allowing periods longer than 1 year.] (1) The items do not exceed four feet in height. [No change in criteria; uncertain why this was established; aesthetics?J (2) The use or item will leave a clear width of at least six feet. jNo change in criteria; meets ADA recommendations for 2 wheelchairs abreast.] (3) The applicant has submitted evidence that demonstrates that the proposed use is for non-commercial purposes and will promote public welfare. (New criteria.] -12- (4) All property owners and lessees fronting the location of the proposed use have consented in writing to the use of the sidewalk area. [No change in criteria.] (5) The applicant has agreed to indemnify, defend and hold harmless the county as provided above, to the satisfaction of the corporation counsel. [No change in criteria except that corporation counsel is to approve the indemnification statement.] (6) The applicant has submitted a certificate of insurance or a copy of a public liability insurance policy issued by a carrier naming the county as an additional insured as provided above, to the satisfaction of the finance director and the corporation counsel. [No change in criteria except that agency approvals have been specifretiJ (7) The chief engineer finds that the permitted use will not unreasonably impede or endanger the disabled or the public use of the sidewalk area or interfere with vehiculaz sight distance at intersections and driveways. [New criteria; specifying cortsideration for the disabled,• provision to address-unforseen sight distance problems.] (8) If a complete application (with all required supplemental data, maps, certificate of insurance, etc.) is submitted to the chief engineer for review and approval and no action (approval, disapproval, deferral or modification) is taken within thirty days after submittal, the pennit shall be deemed approved subject to applicable terms and conditions of this article. [New criteria; processing. time Iimit;J Division 5. Permit Conditions Section 22-3.9. Permit conditions. In addition to any other conditions imposed by this chapter, all permits issued pursuant to this article shall be subject to the following conditions: (1) All items shall be removed from the county street during all periods outside of the permitted times and days. [New restoration condition:] -13- (2) Permittees shall comply with all laws, ordinances and regulations of the federal, state and county governments relating to the installation, operation and maintenance of their permitted items or uses. [Substantially the same as Section 22-6.J (3) Permittees shall be wholly responsible for the repair and maintenance of all permitted items, including any associated utility improvements. j~ew condition to define maintenance x~sponsibilities_J (4) Only the use described on the permit shall be deemed to be authorized by the chief engineer. Any additional uses shall require additional authorization from the chief engineer. [New condition.) (5) Should the permitted activity or improvement interfere with or obstruct any county facility or other authorized improvements, the permittee shall, at their own expense either [New:conditon,to address.unforseen obstYUCtions or sight distance problems.) (A) Terminate the use and remove the activity or improvement; or (B) Move the use to a location acceptable to the chief engineer. (6) Should the permitted activity or improvement interfere with or obstruct any emergency repairs to a county facility or public utility, the permittee authorizes the use of all necessary action to immediately relocate permitted activity or improvement and shall make no claim for any damages that may result from the relocation action. [~~w.~ondjtton to addres~~mergencyrrspnirsituatibns.J (7) Any construction work associated with the permits of this article shall also be subject to the construction requirements of this chapter. [New condition to clttrify that use permits by, t~xemselyES,do not.automatcallyauthorue construction work) (8) Upon termination of all permits, the permittee shall be responsible for the restoration of the county street used or occupied by the permittee to a condition equal to or better than its original condition. [New condition to defne restoration responsibilities.) -14- Division 6. Permit Fees Section 22-3.10. Fees. (a) Upon submission of an application for any permit provided for this article, applicants shall submit a processing fee of $25. [New amount callingfor a one time payment, former Section 22-27.1 called for a fee of $S per calendar month per business fronting the use:J (b) -Fees shall be waived for any permit issued to or on behalf of federal, state and county agencies including the department of water supply. [New section exempting government agencies.] [Deleted provisions to repair private and semi.. private roads, Sections 22-50 through 32-53. These are little used provisions that exposes the County o, unnecessary liability. Its could be abused;;if needed should use administrative emergency powers. We have been Performed ::'one-time" repairs, under Civil Defense direction:] Article 4. Construction in County Streets Division 1. Permitting Section 22-4.1. Construction permit required. No person shall, in any manner or for any purpose, alter, break up, dig up, disturb, undermine or dig under or cause to be altered, broken up, dug up, disturbed, undermined or dug under any county street without having first obtained a written permit from the chief engineer. Section 22-4.2. Construction permits; application. Any person or authorized representative who is responsible for the work to be performed within a county street may apply for a construction permit. Permit applications shall be submitted -15- upon a form designated by the chief engineer and shall include the following information and attachments: j1Vew section defining'requirements that will be the basis for an application form:) (1) General applicant information, i.e. name, address, phone number. (2) General contractor, i.e. name, license number, address, phone number. (3) A description and map of the location or address of the county street to be affected. (4) A plan describing the purpose and nature of the work to be performed on the county street. (5) A description of the dimensions of the azea of the county street that will be affected. (6) The approximate stazting date, duration of work and working hours. (7) An agreement, to be approved by the corporation counsel, which indemnifies, defends and holds harmless the County of Hawaii, its officers and agents thereof, from all claims, demands, suits, actions, or proceedings of every name, character, and description which may be brought against the County of Hawaii for or on account of any injuries or damages to any person or property received or sustained by any person by or in consequence of any act or acts of the holder of the permit for actions done under the permit. (8) A certificate of insurance or a copy of a public liability insurance policy approved by corporation counsel, and including as an additional named insured the county, its officers, representatives, employees, and agents covering any claim or liability for damages, injuries or death resulting from any of the uses permitted hereunder. The minimum amount of coverage under such policy shall be $1,000,00() per occurrence. The policy shall be kept in force until all work is completed to the satisfaction of the chief engineer. (New insurance requirement.) Section 22-4.3. Construction permits; criteria for granting. The chief engineer may issue a construction permit for a period not to exceed one yeaz if the following criteria are met: (New section; establishing,time lmitfor permit; previously there was no time limit. J -16- (1) The applicant has demonstrated that the construction will be in compliance with the requirements of this article and the other provisions of this chapter. (2) The applicant has agreed to indemnify, defend and hold harmless the county as provided above, to the satisfaction of the corporation counsel. [No change in criteria except that corporation counsel is to approve the indemnificationstatementJ (3) The applicant has submitted a certificate of insurance or a copy of a public liability insurance policy issued by a carrier naming the county as an additional insured as provided above, to the satisfaction of the finance director and the corporation counsel. [New criteria:) (4) The chief engineer finds that the construction will not unreasonably impede or endanger pedestrians, including the disabled, or other public use of~the street. [New criteria; specifying consideration for the disabled:] (5) If a complete application (with all required supplemental data, maps, certificate of insurance, etc.) is submitted to the chief engineer for review and approval and no action (approval, disapproval, deferral or modification) is taken within thirty days after submittal, the permit shall be deemed approved subject to applicable terms and conditions of this article. [New criteria; processing time limit.) (6) Work within the county right-of--way to be done by appropriately licensed contractors. [New criteria recommend~d.~y corporation.counseL} Section 22-4.4. Construction permits; conditions. [Nexusecton;J (a) The applicant shall notify the chief engineer forty-eight hours before the commencement of any work within the county street. (b) The applicant shall maintain public safety while working in a county street by using barricades, construction signs, mazkings, warning lights, traffic control personnel and other devices according to "Manual on Uniform Traffic Control Devices for Streets and Highways" on file in the department of public works. (c) Unless otherwise permitted by the chief engineer, the applicant shall keep at least one traffic -17- lane open for two-way vehicular traffic during the working hours of the day and at least two traffic lanes open during non-working hours. When the work interferes with a sidewalk, the applicant shall also provide for the safe passage of pedestrians including the disabled around or through the work azea. (d) No material, except the trench excavated material, shall be stockpiled closer than six feet from the existing edge of pavement. (e) No construction equipment shall be pazked or any materials stored in the county street in such a manner that the equipment or materials will obstruct or prohibit pedestrian and vehicular movements, including driveway movements, except during actual working hours. (f) No excavation shall be left open for more than five working days. (g) The applicant shall repair, restore, or replace all portions of a county street, including but not limited to utilities, drainage ways and structures, traffic markings and signs, driveways and private property that had been altered, broken up, dug up, disturbed, undermined, dug under or otherwise damaged during construction to a state equal to or better than its original condition. Regazdless of existing conditions, work shall also include the construction of new curb-cuts for the disabled, accessible driveways or other improvements such that all repairs complies with the current requirements of the Americans with Disabilities Act (ADA). (h) Before issuing a permit, the chief engineer may require a cash bond, surety company bond, or personal surety bond in favor of the county. The value of the bond shall be double the estimated cost of restoring or replacing the county street to a state equal to or better than its original condition. (i) Work must begin within thirty days and must be completed within one year of the date the permit was issued unless otherwise specified. Failure to begin or complete the work as specified will result in the termination of the permit. (j) Repair, restoration or replacement of county streets, highways and sidewalks shall comply with applicable specifications and plans on file in the department of public works. Copies of these specifications and plans shall be furnished to each applicant upon making a request. (k) Driveway approaches shall be constructed or repaired according to the provisions of this -18- chapter and applicable specifications and plans on file in the department of public works. Copies of these specifications and plans shall be famished to each applicant upon making a request. (1) Upon completion of the work, the applicant shall immediately remove all equipment and materials and shall leave the work area in a clean, safe and sanitary condition satisfactory to the chief engineer. (m) All restoration and repair work of the pavement, shoulders and any other county facilities shall be guaranteed by the applicant against any defects for a period of one year from the date of final inspection. Section 22-4.5. Construction permit; fees. Construction permit processing fees shall be paid according to the following schedule: (1) For county street excavation, including sidewalk restoration, the applicant for a permit shall be required to pay upon submission of an application, a fee of fifty cents per lineal foot for the first fifty feet of work and an additional five cents per lineal foot for work in excess of fifty feet, but no fee shall be less than $25. (2) For driveway approaches, the applicant for a permit shall be required to pay upon submission of an application, a fee of $25 for each driveway approach. (3) For all other work, construction, or installations within a county street the applicant for a permit shall be required to pay upon submission of an application, a fee of $25. [Minimum fee raised froms$15 to $25'far alLpermets- Based on currenafrlaZion eostsy minimum fee pays for l -hour of clerical time+and 1-hour of inspector time; (4) Fees shall be waived for permits issued to or on behalf of federal, state and county agencies including the department of water supply. [New section. exempting government agencies: J -19- Division 2. Sidewalk Standards (Itemni~ed `ttllrrr3ferences;to County Couneil requiring abutting/adjoining property owners to cortsfr{)et ~tr~s,3guttgrs, and sidewalks, lncludingconstruction requirements and;County Council resQZition°dndnrifi ieatian procedures, Sections 22-54 through 22-37. Provisions were required by HR3;: but was~epealed in 1977/1981. The County is requiring construction of curbs, gutters and sidewalks~through land use actions such assubdivisions and change ofzones.J Section 22-4.6. Maintenance of sidewalk area. (a) Every owner of land abutting on or adjoining any county street shall maintain adjacent sidewalk azeas in good condition. This azea shall include that portion of the county street between the outside face of the curb and the abutting property line. The sidewalk area shall also include the gutter when the gutter and curb aze constructed as a single unit. Revised defznitionof the sidewakk drea,• former Section 22=58 (a)=was vague. Cauld be'interpreted to include~roadside shoulders;] (b) All landowners shall, at their own expense, maintain the sidewalk area and the portions of their properties that adjoin the sidewalks by trimming, cutting, pruning, mowing or using other methods to control landscape plants, weeds, noxious growths or other materials that would damage the sidewalk azea or interfere with or inconvenience pedestrian traffic. (c) All landowners shall, at their own expense, be responsible for repair of all damages to the sidewalk azea that can be attributed to the owner's failure to provide proper maintenance or abuse. The chief engineer shall determine the extent of repair or maintenance required and whether damages were caused by a lack of maintenance or abuse. [Landowners are not responsible. for damages due to age or poor construction.]' Section 22-4.7. Sidewalk repair. All repair work shall be performed according to the permitting requirements of this chapter. Section 22-58' (c), objects on sidewalks , moved to Article 3,'Division 4, Sidewalk Use Permits. -20- Permit issued by DPW instead of County Council.) Division 3. Driveway Approach Standards [Updated the entire section to meet current practices and to address problems we have encountered particularly with commercial driveways andaher operation:] Section 22-4.8. Proper driveway approach required. (a) No county street shall be used for ingress or egress to a property without a properly located and constructed driveway approach. (b) All driveway approaches shall be constructed in accordance with this chapter except for those county streets that do not have curbs and sidewalks and aze fully paved from the lateral line of the roadway up to the property line. [~1 fully paved.right-of--,way daesnal~ need a driveway approach. J Section 22-4.9. Standards for driveway approaches. (a) Width of driveway approach. (1) Except for commercial and industrial uses, driveway approaches shall not exceed thirty-six feet in width, including flares. This width shall be measured along the outside face of the curb or the lateral line of the roadway. (2) Driveway approaches for commercial and industrial uses may be wider than thirty-six feet in width, including flazes,if designed by an engineer and approved by the chief engineer. [In keeping x~ith,crtrrent practises, increasing design.~lexibility far thesz* uses if it desigrred;by and engineer, Existing examples. include the Lanihau Center; Walinart (Hilo acrd KonctJ,.and the Prince, Kuho.Plaza.J (b) Common driveway approaches. (1) The chief engineer may permit the creation of a common driveway approach for sepazate pazcels when requested by the affected property owners. -21- (2) Except for commercial and industrial uses, common driveway approaches shall not exceed thirty-six feet in width, including flares. This width shall be measured along the outside face of the curb or the lateral line of the roadway. (c) Distance between driveway approach and property lines. Except for a common driveway approach, no portion of a driveway approach, including flares, shall be constructed closer than two feet from the extension of any property line dividing two lots except where a property frontage is less than twenty feet, in which case the Hazed portions of the driveway may go beyond the property line extension. (d) Location of driveway approaches at intersections. (1) Intersections without a traffic signal system. (A) Except for commercial and industrial uses, no portion of the driveway approach including flares shall be constructed within thirty feet of the intersection of property lines or their extensions. However, if the property comer at the county street intersection is defined by a curve having a radius of greater than thirty feet, no portion of the driveway approach including Hazes shall be constructed within the curve. ~~'~rmer Sectroiz ~~163 (c,) does not address.~i~u~tty_n~vhere radius;curve~;are,li'ss°tl~n 2b feet: ~T'hisprovision eslnblr5lr~~~z ~rtrnrmum ~listanc",e~#hgt rs;not-{~tpendent on.aurve radii: The new 3Q feet,~in{ftrmu~3~s t;on,s'tstentavrth purrenl residentzalsubdivision constructFbn ~tan{lards. J (B) For commercial and industrial uses, no portion of the driveway approach including flares shall be constructed within seventy-five feet of the intersection of property lines or their extensions. However, if the property comer at the county street intersection is defined by a curve having a radius of greater than seventy-five feet, no portion of the driveway approach including flares shall be constructed within the curve. jCommercial/industrial activities are commonly located at intersections where the`likelihood of traffic signal installation>is very high. To allow for future trafftc signal installation the _22_ minimum distance was increased from 25 feet to 75 feet; see next section.) (2) Intersections with a traffic signal system. No portion of the driveway approach including flares shall be constructed within seventy-five feet of the intersection of property lines or their extensions. However, if the property corner at the county street intersection is defined by a curve having a radius of greater than seventy-five feet, no portion of the driveway approach, including flares, shall be constructed within the curve. [Modern. traffic signals commonly rely on some form pf detection system.. Driveways that are too close to an intersection cannot only interfere with signal aperationsbut can be a safety hazard as they become an unexpected con,/lict point.: Theses problems can be observed at the intersection of Kam Avenlte artd Pauahi Street in Hilo, where there. are 2 service stations.) (3) If a property does not have sufficient county street frontage to comply with the intersection location requirements, the driveway shall be located as far from the intersection as possible. A plot plan showing the location of the driveway shall be submitted to the chief engineer for review and approval. (e) Maximum number of driveway approaches. (1) Except for commercial and industrial uses, no property shall have more than two driveway approaches. A common driveway approach shall be counted as one of the two driveway approaches. Two driveway approaches will be allowed if they meet the width, spacing and location requirements of this chapter. (2) For commercial and industrial uses, multiple driveway approaches shall be designed by an engineer and approved by the chief engineer. [In keepingx~ith current practiFes, increasing desgnflexiblityfor these ages if it design~;~lbk tt»c~engineer. An existing exnm~ie isxhe;Prince Kuhia~PlazacJ (f) Spacing between driveway approaches. (1) Except for commercial and industrial uses, when more than one driveway approach is to be constructed for a property, there shall be a minimum space of thirty feet between approaches. -23- (2) For commercial and industrial uses, when more than one driveway approach is to be constructed for a property, the spacing between driveway approaches shall be determined by an engineer and approved by the chief engineer. (Increasing design flexibility for these uses:J (g) Public facilities. (1) No driveway approach shall interfere with any existing public facilities located within a county street. Typical public facilities include street lighting poles, traffic signal poles and equipment, signs, catch-basins, fire hydrants, crosswalks, parking spaces and meters, bus loading zones, utility poles, underground public utilities and other related public structures or improvements within a county street. (2) If a proposed driveway approach interferes with an existing public facility, the owner of the property using the driveway approach shall beaz the expense of removing, reconstructing or relocating the facility. This work shall be performed according to the provisions of this chapter. (3) If a new public facility interferes with an existing driveway approach, the owner of the public facility shall bear the expense of removing, reconstructing or relocating the driveway approach and its related improvements, including paying for all damages resulting from the work and restoring all private lands to a state equal to or better than its original condition. (4) Culverts, swales and other drainage improvements. No driveway approach shall interfere with the proper runoff of surface waters into, or passage of waters through existing drainage culverts, swales, ditches, watercourses, defiles, or depressions. When in the construction of a driveway approach, the proper runoff of surface waters and other waters require the construction of a drainage structure other than a Swale, such drainage structure shall be designed by an engineer and approved by the chief engineer. -24- Section 22-4.10. Maintenance of driveway approaches. All landowners shall, at their own expense, maintain and repair their driveway approach such that it does not cause a hazard to, interfere with or inconvenience vehiculaz or pedestrian traffic. Maintenance shall also include drainage structures or other improvements that aze integrated or included as part of the driveway approach. These responsibilities shall continue until the driveway approach is removed and the area restored to a condition meeting with the satisfaction of the chief engineer. [New section. Driveway maintenance was npt previously addressed) [Deleted all references to Sections 22-63 and 22-64. Section 22-63 serves no purpose unless we wish to mandate driveway approach constructionwithbuildingconstruction.: Section 22-64; reconstruction of abandoned driveways seems to-makes no sense.] [Deleted Article 4; Utilities on Federal and Secondary County Highways as it is outdated and no longer applicable: The Federal Highway Administration (FHWA) recognizes only'the Mate Department of Transportation provisions and requirements.. For each FHWA project} the County is now regaired7o execute Utility!Agreements with each affected utility to establish conditions and requirements for the project J Article 5. Addresses Division 1. Street Names Section 22-5.1. Posting street names at intersections. The chief engineer shall post the official county names where two or more county streets intersect. [Ezalu+~'s~3i~~~std`r„tg~'sFt'g~+?!~r.~ . 14, " -25- Section 22-5.2. Adoption of street names. The authority to name and to approve the change of names for all streets, including private and state owned streets, within the county is delegated to the planning director, to be exercised in accordance with administrative rules and regulations established by the planning department. [.l~ew section gtving~the planning department auth©rtty to name,iill public;andprlvare streets without ~bt~nty ~"nuncilrtysolution. Authority to name all'str2~t~S,t~F~#2g~ss£ny;~or ~.~,7:~?rq"gram.) Section 22-5.3. Street name repository. The planning department shall serve as a repository for all official county street names. j7ltew secai`nrt.J Division 2. Building Numbering ~I(ev;s¢~~i{vf~'~on3to ~xrxndat¢ ~is~ctnd wide comp~i~Z~Ce~~~t~xac~iltate ~il;progrum; Section 22-5.4. Numbering houses and buildings mandated. All buildings in the County of Hawaii, which aze occupied for residential purposes or used as a place of business, shall be numbered. Section 22-5.5. Numbering buildings regulated. (a) The chief engineer shall regulate the numbering of all buildings within the County of Hawaii. (b) The chief engineer shall have on file a map or series of maps showing building numbers within the County of Hawaii. Section 22-5.6. Buildings to be numbered; duties of the property owner. (a) Every property owner of a building shall number such building in accordance with the provisions of this section upon receipt of a building number from the chief engineer. (b) Any wrong number shall be removed or effaced. -26- (c) The building number shall be posted in accordance with the provisions of this section within thirty days after receipt of the assigned number. (d) All buildings shall be numbered at the expense of the owner. Section 22-5.7. Assignment of building numbers. The chief engineer is authorized to assign an appropriate number to each building upon application for a building permit or upon request by the property owner, lessee, tenant, renter or government agency. [Deleted requirement to provide a certificate. Current practice: includes verbal assignment of numbers. J Section 22-5.8. Application for a building number. The following information shall be provided to the chief engineer when applying for a building number: (1) Tax map key number of the property on which the building is located. (2) Name of the property owner. (3) A map showing: (A) The location of the driveway. (B) The location of all structures on the property. 22-5.9. Standards for posting building numbers. (a) The property owner shall post the assigned number at the entrance of a driveway and, when the driveway provides access to more than one building, the assigned numbers shall be posted on each of the buildings. [Newsecton spec~ingd~vcatlvn of numberi/tg (b) The following shall serve as a guideline for posting building numbers: (1) Numbers should be of a contrasting color from the background on which they aze placed. (2) Numbers should be at least two inches in height. [Ifg~%g~,~ (3) Numbers should be placed and printed in a permanent manner. Chalk or other _27_ effaceable material is not permitted. Article 6. Speed Humps ~Irletitical to former sections except hat pertinentdefinitions.were moved to Article Y, Section ~2-1;:2;;'rule makingsection was removed as a similar provision is provided under Article 9, Section Section 22-6.1. Powers and duties of chief engineer. The chief engineer may: (1) Construct, place, approve, remove and repair speed humps on county streets when deemed necessary for public safety. (2) Grant or deny requests from the public pursuant to this chapter for the placement or removal of speed humps on county streets. Section 22-6.2. Requests for approval. The chief engineer shall approve the requests as deemed appropriate. All requests for speed humps must provide: (1) The name of the county street on which the speed humps are to be placed. (2) The proposed location of the speed humps for the highway mentioned in subsection (1). (3) Petition of the property owners whose property abuts the county street within five hundred feet of the proposed speed hump, in support of the speed hump. Section 22-6.3. Process for approval. The chief engineer shall review all requests for approval for location, design and construction to ensure that they meet the guidelines as established in the "Guidelines for the Design and Application of Speed Humps," Institute of Transportation Engineers, May 1993, or as subsequently -28- revised. Article 7. Variances (New article to allow variances from all requirements of this. chapter Previously, variances were allowed only for driveway construction: Variances were given by County Counciixesolution after consulting with the Planning Commission, Section 22-66.J Section 22-7.1. variances; application. (a) In unique cases where strict enforcement of this chapter would result in unnecessary hazdship or practical difficulty, and where desirable relief may be granted without detriment to the public interest, convenience or welfaze, a request for a vaziance may be submitted to the chief engineer. (b) Variance applications shall be submitted upon a form designated by the chief engineer and shall include the following information and attachments: (1) Property owner's name, phone number, and mailing address. (2) Tax map key number of the affected property. (3) A map showing: (A) The location of the driveway. (B) The location of all structures on the property. (4) Code section from which a variance is requested. (5) Explanation of the applicant's unique circumstances and why consequently, compliance with the applicable code section would be difficult or cause an unnecessary hazdship. (6) Explanation of alternative measures that applicant is proposing to take in lieu of compliance with the applicable code section. (7) Evidence that desired relief may be granted without detrimentally affecting the public interest. -29- Section 22-7.2. Variances; criteria for granting. Only in situations where the following conditions exist may a variance be granted: (1) A grant of a vaziance is necessitated by peculiaz physical conditions not ordinazily found in most districts, because of the peculiarity of a business, or as a result of a special event or circumstance. (2) Granting the vaziance will not adversely affect the rights of adjacent property owners or tenants. (3) Granting the vaziance will not unreasonably violate the interest, safety, convenience, or general welfaze of the public. (4) A strict application of the terms of this chapter would result in unnecessary hazdship and practical difficulty upon the applicant or community. Section 22-7.3. Variance application fees. (a) Upon submission of an application for a vaziance provided for in this article, applicants shall submit a processing fee of $25. (b) Fees shall be waived for any variance applied for by a federal, state or county agency including the department of water supply ~inpting government agencies. J Article 8. Violations, Penalties, Enforcement ~'j~`gyV~czrtfcle to :establish tr single procedure o address Violations, penalties and enforcement. l*r~vt~~s~y °~enalties.were addressed<7n 5ec`trons ~2 Z through';3; 12-9, 22-~7; 22=27, 22-43, 23; ~ 21~~}9 znd 22-68 Flee. penalties and procedures found in this article are patterned after those found in;lormer Sections 22-2 through 5 J Section 22-8.1. Violations. Failure to comply with any provision of this chapter, any rule adopted pursuant to this chapter, or with conditions imposed as part of any permit or variance from the provisions of this -30- chapter, shall constitute a violation of this chapter. Section 22-8.2. Administrative enforcement. (a) In lieu of or in addition to enforcement pursuant to the provisions of this chapter, if the chief engineer determines that any person is violating any provision of this chapter, any rule adopted pursuant to this chapter, or any conditions imposed as part of any permit or variance from the provisions of this chapter, the chief engineer may serve the person with a notice of violation and order pursuant to this section. Service may be accomplished through personal service or by certified mail. The chief engineer may also post a copy of the notice of violation and order at the site of the violation. (b) The notice of violation shall include at least the following information: (1) Date of the notice. (2) Name and address of the person noticed. (3) Section number of the provision, rule, permit, or variance that was violated. (4) Nature of the violation. (5) Location and date of the violation. (c) The order may require the person to do any or all of the following: (1) Cease and desist from the violation. (2) Correct the violation at the person's own expense before a date specified in the order. (3) Reimburse the county for costs incurred during the course of performing any corrective work. (4) Pay a civil fine not to exceed $500 in the manner, at the place and before the date specified in the order. (5) Pay a civil fine not to exceed $500 per day for each day in which the violation persists, in the manner and at the time and place specified in the order. (d) The order shall advise the person that county costs and fines assessed under this section shall constitute a lien upon the subject property upon the filing of said lien with the bureau of conveyances. -31- (e) The order shall become final thirty calendar days after the person's receipt of the order, unless the chief engineer's decision is appealed to the county boazd of appeals within the thirty-day period. (f) The provisions of the order issued by the chief engineer under this section shall become final thirty days after the receipt of the order, unless the chief engineer's action is appealed to the county board of appeals as provided in this section. (g) Any person adversely affected by any order issued under this section, may within thirty days after the service of the order, appeal the order to the county board of appeals. An appeal to the county boazd of appeals shall stay the provisions of the chief engineer's order pending the final decision of the boazd. (h) The chief engineer may institute a civil action in any court of competent jurisdiction for the enforcement of any order issued pursuant to this section. Where the civil action has been instituted to enforce the civil fine, recover county costs, or both, as imposed by said order, the chief engineer need only show that: (1) The notice ofviolation and order were served. (2) That a civil fine, county costs, or both were imposed. (3) The amount of the civil fine, county costs, or both imposed. (4) That the fine, county costs, or both imposed have not been paid. (i) Annually, on September 1, the chief engineer shall file with the bureau of conveyances, liens on all properties which have been the subject of fines or county costs levied under this section, which remain unpaid for one year or more after final adjudication and the expiration of the time for any further appeal. (j) Fines assessed under this section shall constitute a lien upon the subject property upon the filing of said lien with the bureau of conveyances. This lien shall be considered for purposes of authority, to be the equivalent of liens which azise pursuant to the provisions of chapter 19 of the Hawaii County Code. -32- Section 22-8.3. Criminal prosecution. (a) Any person whether as principal, agent, employee, or otherwise, violating or causing or permitting the violation of any of the provisions of this chapter, shall be guilty of a violation, and upon conviction thereof shall be sentenced as follows: (I) For a first offense, by a fine not exceeding $500. (2) For a subsequent conviction which occurs within five yeazs of any prior conviction for a violation of this article, by a fine of not less than $500 but not exceeding $1,000. (b) After a conviction for a first violation under this chapter, each further day of violation shall constitute a separate offense if the violation is a continuance of the subject of the first conviction. (c) The imposition of a fine under this section shall be controlled by the provisions of the Hawaii Penal Code relating to fines, sections 706-641 through 706-645, Hawaii Revised Statutes. (d) Any authorized personnel may issue a summons or citation to an alleged violator in accordance with the procedure specified in this section. Nothing in this section shall be construed as barring such authorized personnel from initiating prosecution by penal summons, by complaint, by warrant or such other judicial process as is permitted by statute or rule of court. (e) Any authorized personnel issuing a summons or citation for a violation of this article may take the name and address of the alleged violator and shall issue to the alleged violator a written summons or citation notifying the alleged violator to answer at a place and at a time provided in the summons or citation. (f) There shall be provided for use by authorized personnel a form of summons or citation for use in citing violators of this article which does not mandate the physical arrest of such violators. The form and content of such summons or citation shall be as adopted or prescribed by the administrative judge of the district court and shall be printed on a form commensurate with the form of other summonses or citations used in modern methods of arrest, so designed to include all necessary information to make the same valid under the laws and regulations of the State of Hawaii and the County of Hawaii. -33- (g) In every case when a citation is issued, the original of the same shall be given to the violator, provided that the administrative judge of the district court may prescribe the giving to the violator of a cazbon copy of the citation and provide for the disposition of the original and any other copies. (h) Every citation shall be consecutively numbered and each cazbon copy shall bear the number of its respective original. Section 22-8.4. Injunctive action. The County of Hawaii may maintain an action for an injunction to restrain any violation of the provisions of this article and may take any other lawful action to prevent or remedy any violation. Section 22-8.5. Emergency powers; procedures. (a) Notwithstanding any other law to the contrary, if the chief engineer determines that a violation of this chapter will cause imminent peril to the public health and safety, the chief engineer, without a public heazing, may order the responsible persons to immediately cease their activities, and may perform all necessary work and other actions as may be necessary to correct the violation. The order shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the heazings officer. (b) Nothing in this section shall be construed to limit any power authorized by law which the chief engineer or any other county official may have to declaze an emergency and act on the basis of such declaration. Section 22-8.6. Corrective work by the county; costs. (a) When the chief engineer determines that a violation of this chapter will cause imminent peril to the public health and/or safety, the department of public works may perform all necessary work to correct the violation. This work may include, but may not be limited to, clearing or removing of encroachments and obstructions, removal of equipment, materials, goods, wares or merchandise found within a county street, repair and maintenance of sidewalk areas and driveway approaches, barricading of illegal driveways and installing building numbers. -34- (b) All costs incurred during the course of performing any corrective work shall be paid by the violator. The department of public works shall give, by certified mail, a bill to the violator. The violator shall then have thirty days from the date of mailing to pay the bill. (c) Should the violator fail to make full legal payment within thirty days, the county may use all legal means available to recover its expenses and costs of cleazing by any action allowed in law or equity, including any proceeding allowed for the foreclosure of tax liens. These costs and expenses shall constitute a lien against the violator's property upon the filing of the lien with the State bureau of conveyances. (d) Signs, banners, equipment, goods, wares, merchandise and other private items removed by the department of public works will be stored at the neazest county highway maintenance baseyazd. Owners may recover removed items during the normal working hours of the baseyazd. The county will not be responsible for the safe keeping or proper storage of these items. At the end of the calendaz yeaz all items shall be appropriately disposed or discazded no matter when they were removed during the calendaz yeaz. Section 22-8.7. Limited liability of authorized personnel. The authorized personnel charged with the enforcement of this article, acting in good faith and without malice in the discharge of the duties required by this article or other pertinent law or ordinance shall not thereby be rendered personally liable for daznages that may accrue to persons or property as a result of an act or by reason of an act or omission in the dischazge of such duties. A suit brought against the authorized personnel because of such act or omission performed by the authorized personnel in the enforcement of any provision of this article or other pertinent laws or ordinances implemented through the enforcement of this article shall be defended by the County of Hawaii until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the county. Section 22-8.5. Remedies cumulative. The remedies provided in this article shall be cumulative and not exclusive. -35- Article 9. Legal Compliance and Rule Making [Neay;Ar{icle=tn,address legal concerns,and the possibility ofdeveloping and adopting appropriate admir'zstru{ive rtl~sfor the deparhnent ofpublzc Wor. ks; j Section 22-9.1. Compliance with this chapter and other laws. Any approval or permit issued pursuant to the provisions of this chapter shall comply with all applicable requirements of this chapter. The granting of a permit or vaziance under this chapter does not dispense with the necessity to comply with any law, ordinance, regulation or any other provision of the Hawaii County Code to which a permittee may also be subject. Section 22-9.2. Adoption of rules. The chief engineer may adopt rules pursuant to chapter 91, Hawaii Revised Statutes, necessary for the purposes of this chapter." SECTION 3. 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 declazed to be severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -36-