HomeMy WebLinkAboutVI.1 - Bill 200 Draft 2 - Relating to Vehicle DisposalCounty of Hawai `i
Council District 9 -
North and South Kohala
Chair: Cononittee on Regenerative
Agriculture, Water, Energy, &
Environmental Management
Phone: (608) 961-8564
(808) 887-2069
Email: tinz.richaz•ds a,hau�aiicount)>.gor
HERBERT M. "TIM" RICHARDS9 III
HAWAI`I COUNTY COUNCIL
District 9
25 Aupuni Street, Ste. 1402, Hilo, Hawai Y 96720
DATE: September 7, 2022
TO: Ramzi Mansour, Director
and Georjean Adams, Chair, Environmental Management Commission
FROM: � Herbert M. "Tim" Richards, III, Council Member
Council District 9 - North and South Kohala
SUBJECT: Referral of Bi11200, Draft 2; An Ordinance amending Chapter 20, of the Hawaii
County Code 1983 (2016 Edition, as amended), relating to vehicle disposal.
Pursuant to Section 2-207 of the Hawaii County Code, I am submitting Bi11200 for your
comment and recommendation. I also request that you forward this to the Environmental
Management Commission for comment and recommendation, as required. An extra copy is
attached for their use. Section 2-207 requires that the comments/recommendations be returned
within 45 days.
At its meeting of September 6, 2022, the Committee on Regenerative Agriculture, Water,
Energy, and Environmental Management voted 8 "ayes" and 1 "excused" to approve the referral
to your department and the commission.
After your and the Commissions' review, please return all comments and recommendations to
the Council Chair for proper referral going forward.
Thank you for your attention to this matter.
TR/dbk
Attached: Bi11200, Draft 2
Hawaii County is an Egzral Oppoz•tzrnity Pr°ovidez• and Employer
COUNTY OF HAWAI`I
ORDINANCE NO.
STATE OF HAWAI`I
SILL NO. 200
(DRAFT 2 )
AN ORDINANCE AMENDING CHAPTER 20, OF THE HAWAI`I COUNTY CODE 1983
(2016 EDITION, AS AMENDED), RELATING TO VEHICLE DISPOSAL.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I0
SECTION 1. Chapter 20, article 3, section 20-03-03, of the Hawaii County Code 1983
(2016, as amended), is repealed.
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SECTION IChapter 20, of the Hawai i County Code 1983 (20 to, as amended), is
intended by adding a new article to read as follows;
"Article 7. Disposal of Vehicles and Similar Materials,
Division 1. Abandoned and Derelict Vehicles,
Section 20-07-01. Disposon 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, Hawaii 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,•
(3) A notice shall be affixed to an abandoned or derelict vehicle stating that the vehicle
must be moved beyond a radius of one mile from its location within twenty-four hours
of the notice being affixed,
(4) If an abandoned or derelict vehicle has not moved beyond a radius of one mile fi•om its
location within twenty-four hours of a notice being affixed, the vehicle will be
classified as abandoned and subject to removal; and
(5) 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 regardingthe he disposition of abandoned or derelict vehicles,
that are in accord with chapter 290, Hawaii Revised Statutes,
Division 2. Vehicle Disposal Assistance.
Section 20-0'7-21. Vehicle disposal assistance program.
(a) The department shall establish a vehicle disposal assistance nroaranl to assist
Hawaii County residents with disposal of vehicles. Assistance shall be contingetlt
on the availability of funds within the County's vehicle disposal fund, and at the
discretion of the director.
fib) Applications for assistance.
To apply for disposal assistance, a property owner or registered vehicle owner shall apply to
the department to have the department dispose of a vehicle from the property owner or
registered vehicle owner's property.
(c The property owner shall ensure that the vehicle is accessible for towing."
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, the invalidity does 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 severable.
SECTION 5. This ordinance shall take effect upon its approval.
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 93$' 2
INTRODUCED BY:
COUNCIL MEMI�ER, CCQUNTY OF HAWAI`I
3
Matt I(Cmeali`i4fleirrfelder
Hawai `i County Council
District S
Phone No.: (808) 961-8263
matt. kaneal ii-kleinfel der@hmvaiicounty, gov
Finance Committee
Chair
Paretic YVorks & Mass It Committee
Vice Chair
Hawai `t County Council
Cortt7ty of Hawai `i
Hawaii County Building
25 flupuni Sheet, Suite 2405 • Hilo, Hawaii 96720
a --t
To; Maile David, Council Chair V
and Members of the Hawaii County Council
From: ,,✓ Matt Kdneali`i-Kleinfelder, Council Member �: -�F
'0 v
)ate; September 6, 2022
Re; Transmitting Bill No. 200, Draft 2; A Bill for an Ordinance Amending Chapter
20, of the Hawaii County Code 1983 (2016 Edition, as Amended), Relating to
Vehicle Disposal.
Please find attached Bill No. 200, Draft 2. T11is Draft 2 is the result of the Conunittee on
Regenerative Agriculture, Water, Energy and Environmental Management's amendment of Bill
No. 200 with the contents of Communication No. 938.1, during its September 6, 2022 meeting.
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Hmvai 'i Cow�ly is an Lqua1 OppaYunity Provider and En2pioyer