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HomeMy WebLinkAboutCOM 0246.008 2012-2014 Phone: (808) 965-2712 Zendo Kern -o °F..;y;• Fax: (808)965-2707 Council Member °' °� Email: zkern9T8co.hawaii.hi.us Council District 5 ,.���� Mailing Address: Planning Committee Chair•Hawai`i County Building Pt OF.MO' :• 25 Aupuni Street Environmental Management Hilo, Hawai`i 96720 Committee Chair Hawai`i County Council County of Hawai`i DATE: August 14, 2013 TO: J Yoshimoto, Chairperson, • and Members of the Hawai`i County Council .0 C) FROM: Zendo Kern, Council Member 2--K1 SUBJECT: Proposed Amendments to Bill No. 64; Relating to Clearing Occupied and Unoccupied Lots Please find below amendments to Bill No. 64. The amendments are illustrated 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." 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 of all refuse, uncultivated undergrowth, and unsafe flora thereon to a depth of not exceeding one hundred feet from any street or highway adjoining, whenever on the lot there is refuse, uncultivated undergrowth, or unsafe flora 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." Comm.No, e2 I/6• Ref.Tot P/EMC Serving the Interests of the People of Our Island Rest Dates RU6 Z U 11113 Hawai`i County is an Equal Opportunity Provider and Employer 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. 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 lot be cleared, the mayor shall investigate the complaint. If 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 to clear the occupied or unoccupied lot of the refuse, uncultivated undergrowth, or unsafe flora. 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, or if the owner wants to keep the offending uncultivated undergrowth or unsafe flora, 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. The treatment plan shall be approved by the department and homeowners association, if applicable. If a home is constructed in close proximity to an existing stand of trees used for wind block, boundary markers or ornamentals, the homeowner shall not lodge a complaint under this section and shall seek other legal remedies should an emergency situation arise. If a person lodges three unsubstantiated complaints about the same refuse, uncultivated undergrowth, or unsafe flora, that individual will be prohibited from filing future complaints under this section." A draft copy of Bill No. 64, Draft 2, is attached with these amendments incorporated. ZK/bl 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 Hawai`i 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: 1. "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 Hawaii 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 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 on the lot there is refuse, [of] uncultivated undergrowth, or unsafe flora 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. Section 20-22. Complaint by adjacent or abutting [owners] owner(s); request to clear. 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, ref] any occupied or unoccupied lot, in writing to the mayor requests that the lot be cleared, the mayor shall investigate the complaint. If the mayor certifies that there is refuse, [er] 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 to clear the occupied or unoccupied lot of the refuse, [of] uncultivated undergrowth, or unsafe flora. 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, or if the owner wants to keep the offending uncultivated undergrowth or unsafe flora, 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. The treatment plan shall be approved by the department and homeowners association, if applicable. If a home is constructed in close proximity to an existing stand of trees used for wind block, boundary markers or ornamentals, the homeowner shall not lodge a complaint under this section and shall seek other legal remedies should an emergency situation arise. If a person lodges three unsubstantiated complaints about the same refuse, uncultivated undergrowth, or unsafe flora, that individual will be prohibited from filing future complaints under this section. 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 lot at the expense of the owner. (b) The expense of clearing any lot 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." 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.