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HomeMy WebLinkAboutBIL 255 Draft 01 1994-1996 • OFFICE INFORMATION ONLY Meeting: Human Services and Public Works Committee—May 2, 1996 Action: Deferred; never brought up again Re: Bill 255; Comm. 1123 (1994-1996 term) "4/fr.-pt.- > • 1 a • COUNTY OF HAWAII . STATE OF HAWAII BILL NO. 255 ORDINANCE NO. AN ORDINANCE AMENDING THE HAWAII COUNTY CODE, 1983 (1995 EDITION), BY ADDING A NEW ARTICLE TO CHAPTER 14 RELATING TO MICONIA CALVESCENS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The Council finds that it is in the best interest of the public to ensure the eradication of the noxious-weed, Miconia Calvescens (hereafter referred to as "miconia") from the Island of Hawaii, by mandating that any property owner who finds, or is discovered to have miconia growing on the owner's property, be required to remove and/or destroy it. The Hawaiian Islands are among the most environmentally sensitive areas in the world, containing 150 recognized unique and fragile ecosystems that are home to more'than one-third of the 526 plant species and 88 bird species on the United States endangered and threatened species list. The single greatest threat to the survival of our native Hawaiian plant and bird species is the introduction of alien pest species. According to botanists and environmentalists, miconia, if left to its own devices, will rapidly spread through our native forest and gulch areas, shading out ground cover, choking out all other vegetation and creating monocultures which will contribute to soil erosion. This has already taken place in Tahiti, where more than 85% of the island has been taken over by miconia. This could also happen in Hawaii as, like Tahiti, Hawaii has no natural control agents to this noxious-weed. While this Council recognizes that the cost to property owners to eradicate this plant may be high, it pales in comparison to the price our community would pay if our natural environment, and therefore our industries such as tourism and agriculture, which depend on our environmental quality, are not preserved and protected. SECTION 2. The Hawaii County Code, 1983 (1995 Edition), is mended by adding a new Article to Chapter 14 relating to Miconia Calvescens to read as follows: "Article . Miconia Calvescens. Section 14- . Removal of Miconia Calvescens by property owner. If any owner of property in the County of Hawaii observes, or if it is discovered that the noxious-weed Miconia Calvescens hereafter referred to in this article as "miconia" is •rowin• on said property. that owner, lessee, or person in control of the property shall remove and/or destroy the plant(s). Section 14- . Service of notice; contents. If it is observed and reported that miconia is growing on any property, the department of public works shall investigate and forthwith, give notice of the infestation in the manner provided in this section. A written notice by certified mail shall be sent to the owner, lessee, or the person in control of the property on which the miconia is growing. (b,1 The written notice shall identify the property on which the miconia is found and shall require the removal and/or destruction of such growth within thirty days 2 t • • from the date of mailing of the notice. Section 14- . Removal by County; costs. If the miconia growth is not removed and/or destroyed, or if its removal and/or destruction is not commenced and diligently prosecuted prior to the expiration of thirty days after the mailing of the notice, the department of public works shall proceed to remove and/or destroy, or contract for the removal and/or destruction of the miconia. All costs incurred in the course of so removing and/or destroying the miconia shall be paid by the owner, lessee, or the person in control of the property in which the miconia is growing, and the County may institute action to recover costs and expenses for the removal and/or destruction. Section 14- . Penalty for failure to remove miconia. (41 If the miconia is not removed and/or destroyed, or its removal and/or destruction is not commenced and diligently prosecuted prior to the expiration of thirty days after the mailing of the notice, the owner, lessee, or person in control, so notified, shall be deemed to have committed a separate offense for every day that the miconia remains on the property after such thirty days. Each separate offense shall, upon conviction, be punishable by a fine of not more than $100." SECTION 3. New material is underscored. In printing this ordinance the underscoring need not be included. SECTION 4. Severability. If any provision of this ordinance, or the application thereof 3 e s , • 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 its adoption. INTRODUCED BY: Council Member, Hawaii County Council RATH/eja Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm 1123 4