HomeMy WebLinkAboutCOM 0941.006 2016-2018 Eileen O'Hara s►•OF ' • Phone: (808) 965-2712
°t' ' -'l`'+ Fax: (808) 961-8912
Council Member c,°•'�: ••,
Council District 4 " "" ��' Email: eileen.ohara@hawaiicounty.gov
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Chair: EnvironmentalVice Chair: Planning Committee and
Management Committee top'............ ...
OF ,. !_ Agriculture, Water&Energy
Sustainability Committee
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County of Hawai`i
Hawaii County Council
25 Aupuni Street, Suite 1402 • Hilo, Hawaii 96720
(808) 961-8255 • Fax (808)961-8912
DATE: July 25, 2018 Wit,
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TO: Valerie T. Poindexter, Council Chair ` —4
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and Members of the Hawaii County Council c�• , a
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FROM: P Eileen O'Hara, Council Member >rn
'Fo1� Council District 4
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SUBJECT: 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.
Attached please find Bill No. 154, Draft 2. Bill No. 154 was amended by the contents of
Communication No. 941.5, which was approved by the Environmental Management Committee
on July 24, 2018.
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Att.
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Comm. No. ql4A
Ref.To: ?l EMG
Ref. Date JUL 2 4 2018
Hawai`i County is an Equal Opportunity Provider and Employer.
Hawai`i County t Code
SECTION 2. Chapter 20, article e�, section 20-38, of the Hawai
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, 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 feet 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.
(d) 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, isheld 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 aredeclared to be severable.
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