HomeMy WebLinkAboutRES 748 Draft 01 2016-2018 Res. 748-18: AUTHORIZES THE TEMPORARY CLOSURE OF LEILANI AVENUE
(2016-2018) PURSUANT TO CHAPTER 24, ARTICLE 7, DIVISION 3,
SECTION 24-153.3(B) OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED)
Authorizes the Mayor, in consultation with the Police Chief, the Civil Defense
Administrator, and the Public Works Director, to enter into an agreement with the
Leilani Community Association concerning the barricading of Leilani Avenue,
which may remain in effect during the period of the road's temporary closure to
the general public to prevent loitering and illegal trespassing onto private
property.
Reference: Comm. 1157
Intr. by: Ms. O'Hara
Negative: PWPRC-54 (Due to a vote of 7-noes,
1-absent)
FAILED DUE TO LACK OF MOTION
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COUNTY OF HAWAII : .r• / STATE OF HAWAII
RESOLUTION NO. 748 18
A RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF LEILANI
AVENUE PURSUANT TO CHAPTER 24, ARTICLE 7, DIVISION 3, SECTION 24-
153.3(B) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED).
WHEREAS, Chapter 24,Article 7,Division 3, Section 24-153.3, Subsection(b) of the
P
Hawai`i County Code 1983 (2016 Edition, as amended),provides that the Council of the County
of Hawai`i by resolution, in consultation with the Chief of Police and the Director of the
Department of Public Works, may authorize the temporary closure of a County-owned"roadway
stub-out, dead-end and/or other road terminus to be barricaded", if the flow of traffic or public
access is not affected, adjacent landowners are provided with written notification by the
requesting agency, and when the closure is necessary to prevent loitering, littering, and other
illegal activities; and
WHEREAS, Leilani Avenue is a County road that has been blocked by the 2018 lava
flow, and which as a result has become a"dead end"road,providing o ,p o idmg access only to private
property located within the Leilani Estates Subdivision, and will remain a"dead end"road until
such time as the road may be rebuilt; and
WHEREAS, Leilani Estates Subdivision roads and all property within the subdivision
are entirely privately owned, other than Leilani Avenue, such that Leilani Avenue currently
accesses only private property, and currently provides no thoroughfare access to any public right-
of-way; and
WHEREAS, the Leilani Community Association is a non-profit organization that
operates under Hawai`i Revised Statutes Chapter 421J, with authority to maintain the roads of
the Leilani Estates Subdivision as well as provide for the general public social welfare and safety
of the subdivision; and
WHEREAS,the Leilani Community Associationhas made a good faith determination,
with which the Council concurs, that the temporary closure of Leilani Avenue to general public
access is necessary to prevent loitering and illegal trespassing onto private property; and
WHEREAS,the temporary closure of Leilani Avenue will not otherwise affect the flow
of traffic or public access to lava viewing and related tourism activities in the lower Puna area,
and will not affect the current access to or use of the road by residents of the Leilani Estates
Subdivision and their guests; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that
Leilani Avenue is hereby temporarily closed to general public access pursuant to Chapter 24,
Article 7, Division 3, Section 24-153.3, Subsection(b) of the Hawai`i County Code 1983 (2016
Edition, as amended), and the Mayor, in consultation with the Chief of Police, the Director of
Civil Defense, and the Director of Public Works, is hereby authorized to enter into an agreement
with the Leilani Community Association concerning the barricading of Leilani Avenue, which
may remain in effect during the period of the road's temporary closure to the general public.
BE IT FURTHER RESOLVED that the removal of the temporary closure of Leilani
Avenue shall be authorized by Council resolution at such time in the future when the road may
be rebuilt to provide thoroughfare access to a public right-of-way.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the office of the Mayor, the Chief of Police,the Civil Defense Administrator, and
the Director of Public Works.
Dated at , Hawaii, this day of , 20 .
INTRODUCED BY:
V
COUNCIL MFMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawai`i CHUNG
DAVID
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I hereby certify that the foregoing RESOLUTION was by EOFF I
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on KANiJlI_
LEE LOY
O'Hf1RA -- — ---ATTEST: POINDEXTER — —
RICHARDS
RUGGLES �----- I —.--
R-efererice C-1157/PWPRC
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO 74 ti1 8
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