HomeMy WebLinkAboutORD 1986-113 1984-1988COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 239
ORDINANCE NO. 86 113
AN ORDINANCE AMENDING CHAPTER 22 OF THE HAWAII COUNTY CODE 1983
RELATING TO STREETS AND SIDEWALKS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 22, Article 1, Division 1, Section 22-2,
Hawaii County Code 1983 is amended to read as follows:
"Section 22-2. Removal of encroachment; notice. 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 encroachment or
obstruction is observed [and] or a complaint is made to the
department of public works of the County, then the department
of public works shall investigate and forthwith, give notice
to remove the encroachment or obstruction, in the manner
provided in this chapter."
SECTION 2. Chapter 22, Article 1, Division 1, Section 22-3,
Hawaii County Code 1983 is amended to read as follows:
"Section 22-3. Service of notice; contents.
(a) A written notice for the removal of any
encroachment or obstruction shall be given by mailing the
notice to either the owner, lessee, or the person in control
of the encroachment or obstruction [and by posting a copy of
the notice in the immediate vicinity of the encroachment or
obstruction] by certified mail.
(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 encroachment or obstruction
within thirty days from date of mailing of the notice.
(c) Provided, however, should the chief engineer of the
department of public works determine that such encroachment
constitutes a hazard to public safety and welfare whi
necessitates immediate removal, the written notice provided
herein shall not be required."
SECTION 3, Chapter 22, Article 3, Division 3, Section 22-58,
Hawaii County Code 1983 is amended to read as follows:
"Section 22-58. Care of sidewalks.
(a) Sidewalk, as used in this section, means that
portion of the street between a curb line or the lateral line
of the roadway, and the adjacent property line intended for
the use for pedestrians.
(b) After the grade of any street has been established,
as prescribed by law, all owners of land abutting on and
adjoining such street shall, at their own expense, maintain
their sidewalk in good repair and keep their sidewalks free
of all weeds, noxious growth, or other vegetable matter;
provided that, should the owners have grass growing on or
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adjacent to the sidewalk, they shall keep the grass cut so
that the grass shall not be a nuisance or inconvenience to
the public passing thereon.
(c) Objects on sidewalk. No person shall place any
object on a sidewalk except as hereinafter provided. Should
any person desire to place an object on a sidewalk (including
but not limited a planter box, litter receptacle, or bench),
such person shall, upon recommendation of the chief engineer,
obtain the approval of the council by resolution of the
council. When an object is approved by the council, the
donors and abutting landowners of such object shall not be
liable for any injuries resulting from the placement of such
object. Responsibility for the maintenance of such obiects
shall be as provided by the council.
(d) This section shall be enforceable pursuant to the
notice and penalty provision of Article 1, Division 1 of this
chapter."
SECTION 4. Material to be repealed is bracketed. New
material is underscored. Brackets and underscoring need not be
included in the printing of this ordinance.
SECTION 5. 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
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provision or application, and to this end, the provisions of this
ordinance are declared to be severable.
SECTION 6. This ordinance shall take effect upon its
approval.
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
September 17, 1986
September 17, 1986
October 1, 1986
October 9, 1986
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