HomeMy WebLinkAboutCOM 0651.002 2012-2014 DRU MAMO KANUHA ''��0' PHONE: (808)323-4267
Council Member FAX: (808)323-4786
•'• •• EMAIL:dkanuha@co.hawaii.hi.us
District7,Central Kona
•••h oi'M►'M�
� f
HAWAII COUNTY COUNCIL
West Hawaii Civic Center 74-5044 Ane Keohokalole Highway,Kailua-Kona,Hawaii 96740 i
i
c n
TO: J. Yoshimoto, Council Chair
And Members of the Hawaii County Council =C=
FROM: �'H�ru Mamo Kanuha, Council Member
Arn
DATE: April 9, 2014 o D�
SUBJECT: Proposed Amendment to Bill No. 193; 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
Attached is a proposed amendment to Bill No. 193.. The proposed amendment is illustrated
below by Ramseyer format with respect to the contents of Bill No. 193 (material to be deleted is
bracketed and stricken; material to be added is underscored).
Bill No. 193 is amended by amending "Section 14_. Notice"to read as follows:
"Section 14- Notice.
O 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 prepeAy will be sold or- other-wise disposed
net-claimed] That the owner may reclaim the impounded property within thirty
days after impoundment; [and]
Comm. N ��• 2--
Hawai`i County is an Equal Opportunitv Provider and Employer Ref.To: lzc.. -
Ref. Date
i
(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[-]i i
(9) That the owner has the right to appeal the removal of his or her personal
property to the director, or, if the applicable director is either the director of
public works or the planning director, to the board of appeals, both as provided j
in this section, and
(10) That, if not timely reclaimed or the subject of timely appeal, the personal i
property shall be subject to disposal.
(b) An owner of personal property removed pursuant to this article may contest the
removal by written request for a hearing to the director received no later than
twenty calendar days after removal of the personal property. The owner shall
provide a current mailing address to receive the notice of the decision of the i
director regarding the appeal. The hearings shall be conducted by the director in
accordance with chapter 91 of the Hawaii Revised Statutes. The appeal shall be j
limited to a determination of whether the personal property was properly removed
and a fee properly assessed pursuant to this article. The director shall continue to
hold or have held the personal property until the appeal has been decided. If the
decision of the director is in favor of the owner, then the owner may arrange to
reclaim his or her personal property without paving the fee for the removal and
holding of the personal property. If the decision of the director is in favor of the
owner and the owner or the owner's authorized representative fails to reclaim the
personal property within seven calendar days of the postmark for the notice of the
decision,the personal property may be disposed of by the director as provided for in
this article. If the decision of the director is in favor of the County, then the property
may be returned to the owner or the owner's representative upon payment of the
removal,holding and handling� osts.
(c) If the applicable director, as defined in section 14- , is either the director of
public works or the planning director, any appeal of the director's decision to
remove personal propegy from public property shall be submitted to the board of
appeals pursuant to section 6-9.2 of the Charter. The board of appeals shall hear the
appeal in a timely manner and shall be limited to determination of whether the
f personal property was properly removed and a fee properly assessed pursuant to
this article. For those matters pertaining to the holding of personal property during
f the appeal process, the payment or non-payment of fees for removal and holding of
personal property, and the disposal of personal property not claimed in a timely
manner,the provisions of subsection(b) shall apply."
A draft copy of Bill No. 193, Draft 2, is attached with these amendments incorporation therein.
i
i
Thank you.
� DK/jc
att.
i
I
t
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 HAWAI I. I
f
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.
i
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
j 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
f 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
i
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
f
i
{
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.
(a) 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) That the owner may reclaim the impounded property within thirty days after
impoundment;
! (8) A statement that the property owner shall be responsible for all costs associated
with the removal,holding,and disposal of unlawfully stored personal property1
(9) That the owner has the right to appeal the removal of his or her personal
property to the director, or, if the applicable director is either the director of
public works or the planning director, to the board of appeals, both as provided
in this section ; and
! (10) That, if not timely reclaimed or the subject of timely appeal, the personal
property shall be subject to disposal.
(b) An owner of personal property removed pursuant to this article may contest the
removal by written request for a hearing to the director received no later than
twenty calendar days after removal of the personal property. The owner shall
provide a current mailing address to receive the notice of the decision of the
director regarding the appeal. The hearing shall be conducted by the director in
i
f
7
i
i
i
accordance with chapter 91 of the Hawaii Revised Statutes. The appeal shall be
limited to a determination of whether the personal property was properly removed
and a fee properly assessed pursuant to this article. The director shall continue to
hold or have held the personal property until the appeal has been decided. If the
decision of the director is in favor of the owner, then the owner may arrange to
reclaim his or her personal property without paying the fee for the removal and
holding of the personal property. If the decision of the director is in favor of the
owner and the owner or the owner's authorized representative fails to reclaim the
personal property within seven calendar days of the postmark for the notice of the
decision,the personal property may be disposed of by the director as provided for in
this article. If the decision of the director is in favor of the County, then the property
may be returned to the owner or the owner's representative upon payment of the
removal,holding and handling costs.
(c) If the applicable director, as defined in section 14-_, is either the director of
public works or the planning director, any appeal of the director's decision to
remove personal property from public property shall be submitted to the board of
appeals pursuant to section 6-9.2 of the Charter. The board of appeals shall hear the
appeal in a timely manner and shall be limited to determination of whether the
personal property was properly removed and a fee properly assessed pursuant to
this article. For those matters pertaining to the holding of personal property during
the appeal process, the payment or non-payment of fees for removal and holding of
personal property, and the disposal of personal property not claimed in a timely
manner,the provisions of subsection(b) shall apply.
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
j 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
j 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.
r
I
i
i
I
1
_ a
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.
SECTION 3. This ordinance shall take effect upon approval.
I
f
r
i
4
t