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Home My WebLink AboutBIL 193 Draft 01 2012-2014OFFICE INFORMATION ONLY Meeting: Public Works and Parks and Recreation Committee — April 15, 2014 Action: Postponed to call of Chair; never taken back up. Re: Bill 143; Comm. 651 (2012-2014 term) COUNTY OF HAWAII STATE OF HAWAII r rz 7rE Of •N/�� BILL NO. 193 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO UNLAWFUL STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 14 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by adding a new article to be appropriately designated and to read as follows: "Article . Unlawful Storage of Personal Property on Public Property. Section 14-_. Purpose. Public property should be readily accessible and available to residents and the public at large. The use of these areas for storage of personal property infringes with the rights of others to use the areas for which they were intended. Such inappropriate use of public property can constitute a public health and safety hazard that adversely impacts neighborhoods, commercial property, and the general welfare of the County. The purpose of this article is to maintain streets, parks, and other public areas in a clean, sanitary, and accessible condition and to adequately protect the health, safety, and public welfare of the community. Section 14- . Definitions. As used in this article, unless the context otherwise requires: "Department" means the agency of the County having authority over the public property where personal property is unlawfully stored. "Director" means the director of the agency of the County having authority over the public property where personal property is unlawfully stored, or any other person duly authorized by the director to exercise such authority. "Personal property" means any and all tangible property, and includes furniture, equipment, fixtures, structures, shelter, clothing, and household items. For the purposes of this section, the term "shelter" includes, without limitation, any tent, tarpaulin, lean-to, sleeping bag, bedroll, blankets, or any form of cover or protection from the elements other than clothing. "Public property" means parks and streets as defined in section 15-3 and section 22- 1.2 of this Code, respectively, and every other place in the County that is owned by either the State or County, and is managed and maintained by the County for public use, whether improved or unimproved. "Store" means to put aside or accumulate for use when needed; or to put for safekeeping; or to place or leave in a location lacking a guard, escort, caretaker, or other watcher. Section 14- . Storing personal property prohibited; impoundment. (a) It shall be unlawful for any person to store personal property on public property. (b) Personal property placed on public property shall be deemed to be stored personal property if it has not been removed from public property within twenty-four hours of service of the written notice required by section 14- , which requires such removal, and the director may cause the removal and impoundment of such stored personal property; provided that the owner moving stored personal property to another location on public property shall not be considered to be removing the personal property from public property; and provided further that this section shall not apply to personal property that is placed on public property pursuant to statute, ordinance, permit, regulation, or other authorization by the County or State. (c) Shopping Carts. If a shopping cart is impounded, the director shall notify the owner of the shopping cart of the location where the shopping cart may be claimed. The owner or owner's agent shall have three business days from the date the director notifies the owner to retrieve the shopping cart without charge. If the owner or owner's agent fails to retrieve the shopping cart within three business days, a written notice shall be provided as in section 14- , and the owner shall be subject to any applicable fees and costs imposed pursuant to section 14- . The director may dispose of any shopping cart not reclaimed by the owner or owner's agent within thirty days after the issuance of the written notice. Section 14- . Notice. Whenever the director determines that a violation of any provision of this article exists, the director shall serve a notice of violation. Notice shall be deemed to have been served if a copy of the written notice is served on the person storing the personal property or is posted prominently and conspicuously on the stored personal property. The written notice shall contain the following: (1) A description of the personal property to be removed (such description may refer to an attached photograph); (2) The location of the personal property; (3) The date and time the notice was posted; (4) The section number of this article which has been violated; (5) A statement that the personal property will be impounded if not removed within twenty four hours; (6) The location where the impounded property will be held for safe keeping; (7) A statement that impounded property will be sold or otherwise disposed of if not claimed within thirty days after impoundment; and (8) A statement that the property owner shall be responsible for all costs associated with the removal, holding, and disposal of unlawfully stored personal property. 2 Section 14-. Holding and disposal of impounded personal property. (a) Impounded personal property shall be moved and held for safe keeping, and the owner of such property shall be assessed moving, holding, and other related fees and costs. Additionally, the owner of impounded personal property shall bear the responsibility for the risk of any loss or damage to the impounded property. (b) Any personal property impounded by the director may be disposed of immediately and without notice, in a manner that the director determines to be in the public interest, when such personal property is perishable, contraband pursuant to state and federal law, evidence in a criminal investigation after there is no longer a need to retain the items for purposes of prosecution, or constitutes an immediate threat to the public health or safety. (c) Impounded personal property that remains unclaimed thirty days after the date of impoundment shall be deemed abandoned and may be sold at public auction or otherwise disposed of in such manner as the director deems appropriate. (d) The department shall maintain a record of the date and method of disposal of the impounded personal property, including the consideration received for the property, if any, and the name and address of the person taking possession of the property. Such record shall be kept as a public record for a period of not less than one year from the date of disposal. Section 14- . Proceeds of sale. All fees and unpaid rent, debts, and charges owing and all expenses of handling, holding, appraisal, advertising, and other sale expenses incurred by the department shall be deducted from the proceeds of any sale of the impounded property. Any amount remaining shall be deposited into the general fund. Section 14-_. Repossession. The owner or any other person lawfully entitled to the impounded personal property may repossess the property prior to its disposal upon submitting satisfactory proof of ownership or entitlement and payment of all unpaid rent, debts, and charges owing and all handling, holding, appraisal, advertising, and other expenses incurred by the department in connection with the proposed disposal of the impounded property. Section 14- . County not liable. The department, its officers, employees, and agents shall not be liable for any actions or inactions regarding personal property impounded pursuant to this article." SECTION 2. 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. 3 SECTION 3. This ordinance shall take effect upon approval. Hawaii Date of Introduction: Date of 1" Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm, X51 INTRODUCED BY: 1)m <Ovw� COUNCIL M MBE , COUNTY OF HAWAII 11