HomeMy WebLinkAboutCOM 0246.007 2012-2014 Margaret Wille fit,; Phone No. Hilo: (808)961-8027
Council Member cP: .� +., Phone No Waimea: (808) 887-2043
District 9-North and South Kohala '� " , ..:�• Fax No.: (808)887-2072
* 6:� '���•r�*I E-Mail: mwille @co.hawaii.hi.us
qT. OF.NF'i�
HAWAII COUNTY COUNCIL
County of Hawai`i
Hawaii County Building Holomua Center West Hawaii Civic Center Bldg.A
25 Aupuni Street 64-1067 Mamalahoa Highway,Suite C-5 74-5044 Ane Keohokalole Hwy.
Hilo, Hawaii 96720 Waimea, Hawai`i 96743 Kailua-Kona, Hawaii,96740
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TO: J Yoshimoto, Council Chair .o - --<
and Members of the Hawai`i County Council Ma t rn
FROM: Margaret Wille, Council Member' . `� _ �
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DATE: July 19, 2013
SUBJECT: Proposed Amendments to Bill No. 64; Relating to Clearing Occupied and
Unoccupied Lots
Please see below proposed amendments to Bill No. 64. The amendments are illustrated below in
Ramseyer format with respect to the contents of Bill No. 64; material to be deleted is bracketed
and stricken through; material to be added is underscored. The proposed amendments read as
follows:
1. Amends "Section 20- . Definitions"to read:
"Section 20- Definitions.
As used in this article:
"Refuse" means any discarded or disposable matter, including garbage, rubbish,
and swill as defined in section 20-31.
"Undergrowth" means any bush, small tree, or other vegetation.
"Unsafe flora" means any or any part of a tree, bush, vine, or grass that poses [an
immediate] a clear and present danger for fire, health, safety, property damage, or
criminal threat to persons or adjacent property and structures including buildings, roofs,
rain gutters, antennae, driveways, landscaping, privacy structures (including gates,
fencing, and stone walls), tents, garages, automobiles, power lines, phone lines,
playground equipment, water [catchments] catchment tanks, swimming pools, or any
other structures and property not identified here."
Comm.No °2.7
Ref.To: G
Ref.Date JUL 19 2013
Serving the Interests of the People of Our Island
Hawai`i County Is An Equal Opportunity Provider And Employer
J Yoshimoto, Council Chair
and Members of the Hawai`i County Council
July 19, 2013
Page 2 of 3
2. Amends Section 20-21, "Removal of refuse, undergrowth, and unsafe flora required," to
read:
"Section 20-21. Removal of refuse, undergrowth, and unsafe flora required.
Every owner of any occupied or unoccupied lot the frontage of which abuts or
adjoins any public street or highway within the County, shall clear [the lot] the affected
area of all refuse, uncultivated undergrowth, and unsafe flora thereon to a depth [ef] not
exceeding one hundred feet from any street or highway adjoining, whenever [on the lot
there is] the affected area has refuse, uncultivated undergrowth, or unsafe flora to an
extent that the [let] affected area has become or is likely to become a clear and present
danger to the public for fire, health, safety, property damage, or crime hazard."
3. Amends Section 20-22, "Complaint by adjacent or abutting owner(s); request to clear,"to
read:
"Section 20-22. Complaint by adjacent or abutting owner(s); request to clear.
(a) If a majority of all the adult residents within a radius of five hundred feet from any
boundary of, or the property owner of a property adjacent to or abutting, any
occupied or unoccupied lot, in writing to the mayor requests that the perimeter of
the [let] affected area be cleared[,]due to a clear and present danger to neighboring
residents for fire, health, safety, property damage, or crime hazard, the mayor shall
investigate the complaint.
(b) If, after completing the investigation, the mayor finds the subject lot is likely to
become a clear and present danger for fire, health, safety,property damage, or
crime hazard, the mayor may request that the owner of the affected area submit in
writing a treatment plan for its continued safe existence to the mayor's office, the
department of public works, and to the arborist advisory committee, as well as to
the offended property owner(s), and, if applicable, the homeowners association.
(c) If, after completing the investigation,the mayor certifies that there is refuse,
uncultivated undergrowth, or unsafe flora on the lot complained about to an extent
that the lot has become [or is likely to become] a clear and present danger for fire,
health, safety, property damage, or crime hazard, the mayor shall notify the owner
of the [lot] affected area to clear the occupied or unoccupied lot of the refuse,
uncultivated undergrowth, or unsafe flora.
(d) The mayor shall take into consideration whether a complaining party contributed to
the degree of danger, such as by building in proximity of any offending flora.
(e) If the offending uncultivated undergrowth or unsafe flora is registered as an
endangered or protected species or is listed as "exceptional"pursuant to chapter 14,
article 10 of this Code, the owner shall submit in writing a treatment plan for its
continued safe existence to the mayor's office, the department of public works, the
arborist advisory committee, the offended property owner(s), and, if applicable, the
homeowners association."
J Yoshimoto, Council Chair
and Members of the Hawai`i County Council
July 19, 2013
Page 3 of 3
4. Amends Section 20-23, "Clearance by County; costs," to read:
"Section 20-23. Clearance by County; costs.
(a) If any owner, after notice to clear any occupied or unoccupied lot has been mailed
to the owner and posted by the mayor, fails or refuses to comply with the order
within thirty days after the notice, the County may proceed to clear the [let] affected
area at the expense of the owner.
(b) The expense of clearing [ate-lot] the affected area shall be a lien on the property so
cleared, and the County may recover the amount of the lien and the expense and
costs of the clearing by action at law in assumpsit, or by any action allowed by law
in equity, or that may be prescribed by statute, including any proceeding allowed
for the foreclosure of tax liens.
(c) In cases where the potential hazard only involves private property, prior to
proceeding to clear the lot, the County may require that the complaining resident(s)
or property owner(s) deposit with the County, in a check payable to the director of
finance, the estimated expense of clearing the affected area. If the deposit exceeds
the actual cost of clearing the affected area, a refund will be issued."
A draft copy of Bill No. 64, Draft 2, is attached with these amendments incorporated.
MW/dh
att
AN ORDINANCE AMENDING CHAPTER 20,ARTICLE 2, OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO CLEARING
OCCUPIED AND UNOCCUPIED LOTS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to provide relief to property
owners that are impacted by unsafe flora on properties adjacent to or abutting their properties.
High winds and rain compound the problem of falling branches and trees onto power lines,
phone lines, fences, houses, and other private property. There is also a high percentage of
property owners that do not reside on the island of Hawai`i that allow their properties to become
overgrown and unsafe. Currently individuals must seek relief in the civil courts, which is
lengthy and costly. It is the duty of the Council of the County of Hawaii and all government
officials to enact and enforce policies that promote and ensure public health and safety. This
ordinance will allow for prompt responses and action in cases of emergencies and threats to
public health, safety, and private property.
SECTION 2. Chapter 20, article 2, of the Hawai`i County Code 1983 (2005 Edition, as
amended) is amended by amending the title to read as follows:
"Article 2. Clearing Occupied and Unoccupied Lots."
SECTION 3. Chapter 20, article 2, of the Hawai`i County Code 1983 (2005 Edition, as
amended) is amended by adding a new section to be appropriately designated and to read as
follows:
"Section 20- . Definitions.
As used in this article:
"Refuse" means any discarded or disposable matter, including garbage, rubbish,
and swill as defined in section 20-31.
"Undergrowth" means any bush, small tree, or other vegetation.
"Unsafe flora" means any or any part of a tree, bush, vine, or grass that poses a
clear and present danger for fire, health, safety,property damage, or criminal threat to
persons or adjacent property and structures including buildings, roofs, rain gutters,
antennae, driveways, landscaping,privacy structures (including gates, fencing, and stone
walls), tents, garages, automobiles,power lines, phone lines, playground equipment,
water catchment tanks, swimming pools, or any other structures and property not
identified here."
SECTION 4. Chapter 20, article 2, section 20-21 through section 20-23, of the Hawai`i
County Code 1983 (2005 Edition, as amended) are amended to read as follows:
"Section 20-21. Removal of refuse, [and] undergrowth, and unsafe flora required.
Every owner of any occupied or unoccupied lot the frontage of which abuts or
adjoins any public street or highway within the County, shall clear [the lot] the affected
area of all refuse, [and] uncultivated undergrowth, and unsafe flora thereon to a depth [of]
not exceeding one hundred feet from any street or highway adjoining, whenever [en-the
lot there is] the affected area has refuse, [er] uncultivated undergrowth, or unsafe flora to
an extent that the [let] affected area has become or is likely to become a clear and present
danger to the public for fire, health, safety, property damage, or crime hazard.
Section 20-22. Complaint by adjacent or abutting [owners] owner(s); request to
clear.
(a) If a majority of all the adult residents within a radius of five hundred feet from any
boundary of, or the property owner of a property adjacent to or abutting, [of] any
occupied or unoccupied lot, in writing to the mayor requests that the perimeter of
the [let] affected area be cleared[,]due to a clear and present danger to neighboring
residents for fire, health, safety, property damage, or crime hazard, the mayor shall
investigate the complaint.
(b) If, after completing the investigation, the mayor finds the subject lot is likely to
become a clear and present danger for fire, health, safety, property damage, or
crime hazard, the mayor may request that the owner of the affected area submit in
writing a treatment plan for its continued safe existence to the mayor's office, the
department of public works, and to the arborist advisory committee, as well as to
the offended property owner(s), and, if applicable, the homeowners association.
(c) If, after completing the investigation, the mayor certifies that there is refuse, [or]
uncultivated undergrowth, or unsafe flora on the lot complained about to an extent
that the lot has become [or is likely to become] a clear and present danger for fire,
health, safety, property damage, or crime hazard, the mayor shall notify the owner
of the [lot] affected area to clear the occupied or unoccupied lot of the refuse, [or]
uncultivated undergrowth, or unsafe flora.
(d) The mayor shall take into consideration whether a complaining party contributed to
the degree of danger, such as by building in proximity of any offending flora.
(e) If the offending uncultivated undergrowth or unsafe flora is registered as an
endangered or protected species or is listed as "exceptional" pursuant to chapter 14,
article 10 of this Code, the owner shall submit in writing a treatment plan for its
continued safe existence to the mayor's office, the department of public works, the
arborist advisory committee, the offended property owner(s), and, if applicable, the
homeowners association.
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Section 20-23. Clearance by County; costs.
(a) If any owner, after notice to clear any occupied or unoccupied lot has been mailed
to the owner and posted by the mayor fails or refuses to comply with the order
within thirty days after the notice, the County may proceed to clear the [ ] affected
area at the expense of the owner.
(b) The expense of clearing [anylot] the affected area shall be a lien on the property so
cleared, and the County may recover the amount of the lien and the expense and
costs of the clearing by action at law in assumpsit, or by any action allowed by law
in equity, or that may be prescribed by statute, including any proceeding allowed
for the foreclosure of tax liens.
(c) In cases where the potential hazard only involves private property, prior to
proceeding to clear the lot, the County may require that the complaining resident(s)
or property owner(s) deposit with the County, in a check payable to the director of
finance, the estimated expense of clearing the affected area. If the deposit exceeds
the actual cost of clearing the affected area, a refund will be issued."
SECTION 5. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material,
and underscoring need not be included.
SECTION 6. 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 7. This ordinance shall take effect upon its approval.
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