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HomeMy WebLinkAboutORD 1994-046 1992-1994~~, COUNTY OF HAWAII. ~,~~ ~TATE OF HAWAII BILL NO. 213 (Draft 4) ORDINANCE NO. 94 4fi AN ORDINANCE AMENDING CHAPTER 24, ARTICLE 4 OF THE HAWAII COUNTY CODE 1983, RELATING TO MOTOR VEHICLE FEES BY CREATING A FEE TO PAY FOR DISPOSAL AND RECYCLING OF ABANDONED AUTOMOBILES AND AUTOMOBILE PARTS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. As the population of the County of Hawaii has increased, so too has the number of motor vehicles, and, consequently, the number of junked and abandoned motor vehicles and automotive parts. Beyond being ugly and a blight upon the beauty of this island, such abandoned vehicles also constitute a major health and safety problem. Automobiles and automobile parts contain oil, paints, anti-freeze and other substances which may be toxic and may cause serious environmental pollution. Parts such as tires and batteries also pose problems of toxicity and lack of biodegradability. Because of significant potential for the County of Hawaii to incur liability under a state and federal environmental law, it is imperative that the County attempt to control these problems. The fee proposed by this bill would be used to pay for removal and disposal of such abandoned vehicles, and is justified by HRS §§46-1.5(12) and (13), which give the counties the power to enact ordinances to prevent and remove nuisances and to protect health, life and property. SECTION 2. Section 24-19, Article 4, Chapter 24, is amended to read as follows: Section 24-19. Vehicle registration fees. (a) The fee for issuance for a new series of number plates for vehicles shall be $3.50. (b) The fee for issuance of a tag or emblem for a vehicle, upon payment of the applicable tax, in any year shall be $.50. (c) The fee for replacement of a lost or mutilated number plate or plates, tag, or emblem, shall be as follows: (1) Number plates $3.50. (2) Tag or emblem $.50. (d) The transfer of ownership fee for issuance of a new certificate of ownership shall be $2. (e) The transfer fee for issuance of a new certificate of registration on a trailer shall be $2. (f) The fee for dealer correction for each instance of correction of the registration record shall be $2. (g) The fee for duplicate certificate of registration or certificate of ownership shall be $2. (h) A fee of $1 per certificate of registration shall be assessed and collected annually together with other applicable vehicle taxes and fees, to be used for highway beautification and disposal of abandoned vehicles. (i) An annual fee of $4 per vehicle shall be charged for each vehicle reoistration which shall be paid at the same time as the motor vehicle tax paid pursuant to 524-17 of the Hawaii c'~unty Code. The proceeds from this fee shall be allocated to establish a fund for the towing, removal, disposal and recvclino of abandoned or discarded automobiles and automobile parts and such fund entitled "Vehicle Disposal Fund" is hereby established. SECTION 3. New material is underscored. In printing this ordinance, the underscoring need not be included. SECTION 4. 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 declared to be severable. SECTION 5. This ordinance shall take effect upon the first day of the month following ninety days after enactment. INTRODUCED BY: Hilo, Hawaii Date of Introduction Date of 1st Reading: Date of 2nd Reading: Effective Date: FG/2249I COUNCIL MEMBER, COUNTY OF HAWAII March 23, 1994 March 23, 1994 April 27, 1994 September 1, 1994 -3-