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Home My WebLink AboutCOM 0941.005 2016-2018 Eileen O'Hara ._ IV OFI, Phone: (808) 965-2712 Council Member :'4�J� �`•'.'•;''•., Fax: (808) 961-8912 Council District 4 ��,l�''� Email: eileen.ohara@hawaiicounty.gov �l Chair: Environmental o — Vice Chair: Planning Committee and 4111. "- Water& Management Committee •., 44 p;'44' Agriculture, Energy Sustainability Committee ow County of Hawai`i c - Hawai`i County Council . , "<-4.1T .. 25 Aupuni Street, Suite 1402 • Hilo, Hawaii 96720 t . ; p (808) 961-8255 • Fax (808)961-8912 C') y t"*! DATE: July 20, 2018 co' 4.1 TO: Valerie T. Poindexter, Council Chair __ __ and Members of the Hawai`i County Council FROM: Nt•i,t Eileen O'Hara, Council Member Ao Council District 4 SUBJECT: Proposed Amendment to Bill No. 154, An Ordinance Amending Chapter 20, Article 3, Section 20-31, by Adding New Definitions and Section 20-38, of the Hawai`i County Code 1983 (2016 Edition, as Amended) by Renaming, Amending and Adding New Subsections and Subparagraphs. (Relating to Derelict and Abandoned Vehicles.) Please see below proposed amendments to Bill No. 154. The proposed amendments are p p p p illustrated below in Ramseyer format with respect to the contents of Bill No. 154; material to be deleted is bracketed and stricken, and material to be added is underscored. For illustrative purposes, a copy of the Draft 2 of the bill,that would result if these proposed amendments are adopted, is attached with the amendments incorporated therein. 1. In SECTION 1 of Bill 154, the Purpose section is deleted. "[SECTION 1. Purpose. This ordinance extends the authority of the Department of Environmental Management to remove abandoned vehicles from certain private roadways in 2. SECTION 2 of Bill 154,that adds new definitions to section 20-31, is renumbered SECTION 1 of the bill. Comm. No. •S Ref.To: Ref. Date JUL 2 4 2018 Hawai`i County is an Equal Opportunity Provider and Employer. 3. SECTION 3 of Bill 154, that amends section 20-38, is renumbered SECTION 2 of the bill and amended to read as follows: "SECTION 2. Chapter 20, article 2, section 20-38, of the Hawai`i County Code 1983 (2016 Edition, as amended) is amended to read as follows: "Section 20-38. [ Prohibition; disposition of abandoned or derelict vehicles. (a) No person shall leave, [abandoned,] abandon,or place any wrecked or nonoperational automobile or construction equipment or part or portion of a wrecked or nonoperational automobile or construction equipment, or scrap iron, or other similar material, upon any part of a public highway, public property, or private property of another. (b) The department shall take into custody and dispose of abandoned or derelict vehicles in accordance with chapter 290, Hawai`i Revised Statutes. (c) The removal of abandoned or derelict vehicles shall be subject to the following: (1) The department shall only remove abandoned or derelict vehicles that are located on, or within ten RIO)] feet from the edge of[;]any public or private road[.-]; (2) The department shall not remove abandoned or derelict vehicles from any area [within which the vehicle is located ' - .- .• -- - ' ` • - Abandoned Vehicle Coordinator], if the director determines that the [read] area is unsafe for a tow truck to traverse[.-]; and (3) All decisions to tow shall be subject to the discretion of the [department's Derelict and Abandoned Vehicle Coordinator.] director. [(c)lid) The director shall develop and implement a public outreach program to educate residents, community associations, road corporations, tow companies, and the public about the disposition of abandoned or derelict vehicles including the procedures for reporting abandoned or derelict vehicles. (e) The department shall [promulgate] adopt rules [and procedures for the removal of derelict and] regarding the disposition of abandoned or derelict vehicles [and shall follow the provisions of Chapter], that are in accord with chapter 290, Hawai`i Revised Statutes[, as amended, for the removal of abandoned and derelict vehicles]." 2 4. A new SECTION 3 of Bill 154 is added to readas follows: "SECTION 3. 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." 5. SECTION 5 of Bill 154,relating to Effective Date, is amended to read as follows: "SECTION 5. This ordinance shall take effect upon [adept-ion:] approval." Thank you for your attention to this matter. EO:b1/lc 3 AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 3, SECTION 20-31, BY ADDING NEW DEFINITIONS AND SECTION 20-38, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED) BY RENAMING,AMENDING AND ADDING NEW SUBSECTIONS AND SUBPARAGRAPHS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 20, article 3, section 20-31., of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by adding new definitions as follows: 'Abandoned vehicle"means a vehicle that is unlawfully parked and left unattended for a continuous period of more than twenty-four hours on any public highway, public property, or private roads that are located within any ungated subdivision, where roads are open to and used by members of the public. "Derelict vehicle"means the definition in Chapter 290-8, Hawai`i Revised Statutes. "Public highway" means all roads, highways, alleys, streets, ways, lanes, bikeways, and bridges open to the use of the public for purposes of vehicular travel that is acquired or built by the government. "Private road"means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, including private roads open to the public. "Public property" means all real property owned by the County." SECTION 2. Chapter 20, article 3, section 20-38, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended to read as follows: "Section 20-38. [ .]Prohibition; disposition of abandoned or derelict vehicles. j No person shall leave, abandon, or place any wrecked or nonoperational automobile or construction equipment or part or portion of a wrecked or nonoperational automobile or construction equipment, or scrap iron, or other similar material, upon any part of a public [street, road, or highway or upon any premises of another.] highway, public property, or private property of another. (b) The department shall take into custody and dispose of abandoned or derelict vehicles in accordance with chapter 290, Hawai`i Revised. Statutes. 4 (c) The removal of abandoned or derelict vehicles shall be subject to the following: (1) The department shall only remove abandoned or derelict vehicles that are located on or within tenfeet from the edge of any public or private road; (2) The department shall not remove abandoned or derelict vehicles from any area, if the director determines that the area is unsafe for a tow truck to traverse; and (3) All decisions to tow shall be subject to the discretion of the director. cd) The director shall develop and implement a public outreach program to educate residents, community associations, road corporations, tow companies, and the public about the disposition of abandoned or derelict vehicles including the procedures for reporting abandoned or derelict vehicles. (e) The department shall adopt rules regarding the disposition of abandoned or derelict vehicles, that are in accord with chapter 290, Hawai`i Revised Statutes." SECTION 3. 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 4. Severability. 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 5. This ordinance shall take effect upon approval. 5 -