HomeMy WebLinkAbout2023-06-01 Derelict_Abandoned_Vehicle_Procedures
County of Hawai‘i
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekūanāoʻa Street, Suite 41 • Hilo, Hawai‘i 96720
(808) 961-8083 · Fax (808) 961-8086
http://www.hawaiicounty.gov/environmental-management/
County of Hawai‘i is an Equal Opportunity Provider and Employer.
Ramzi I. Mansour
Director
Brenda D. Iokepa-Moses
Deputy Director
Mitchell D. Roth
Mayor
Lee E. Lord
Managing Director
DERELICT/ABANDONED VEHICLE REMOVAL PROCEDURES
Outlined below are the procedures for the processing and handling of
derelict/abandoned vehicles pursuant to Hawai‘i Revised Statutes (“HRS”)
Chapter 290 and Hawaii County Code (“HCC”) 20-07-01.
1. To report a derelict or abandoned vehicle, call Police Dispatch at 808-935-3311.
The Derelict/Abandoned Vehicle (DAV) Section cannot coordinate the removal of an
abandoned vehicle until a police report is received.
2. A Police Officer locates the vehicle and attaches a notice advising the owner to
remove the vehicle within twenty-four hours.
• If the vehicle is moved on to private property or beyond a radius of one mile
from its original location, within twenty-four hours, no further action is taken.
• If the vehicle has not moved on to private property or beyond a radius of one
mile from its original location within twenty-four hours of a notice being
affixed, the vehicle will be classified as abandoned and is subject to removal.
3. Once the police report is approved by the supervising officer, the report is sent to
the DAV Section. The DAV Section reviews the police report to ensure eligibility for
towing under HRS 290-1 and HCC 20-07-01.
To check the status of a derelict or abandoned vehicle that has already been
reported, please call the Hawaii Police Departments, Traffic Services Section at 808-
961-2202 or 808-961-2227.
4. Once the police report is received, and the vehicle is inspected by the DAV Section,
a request for tow will be made to have the vehicle removed within 72 hours.
5. If the vehicle is not at the location indicated on the police report when the DAV
Section or towing service contractor arrives, the case is closed, and no further action
is taken.
County of Hawai‘i
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekūanāoʻa Street, Suite 41 • Hilo, Hawai‘i 96720
(808) 961-8083 · Fax (808) 961-8086
http://www.hawaiicounty.gov/environmental-management/
County of Hawai‘i is an Equal Opportunity Provider and Employer.
Ramzi I. Mansour
Director
Brenda D. Iokepa-Moses
Deputy Director
Mitchell D. Roth
Mayor
Lee E. Lord
Managing Director
Attachment: HRS 290-1
[PART I. VEHICLES ABANDONED ON PUBLIC AND PRIVATE PROPERTY
GENERALLY]
§290-1 Disposition by counties of certain abandoned vehicles. (a) The
counties shall cause vehicles that have been abandoned to be taken into
custody within ten business days of abandonment. For the purposes of this
subsection, a vehicle is "abandoned" if it is defined to be abandoned by an
ordinance of the county in which the vehicle is located; provided that the
ordinance shall provide a minimum distance and timeframe in which a vehicle
must be moved after the initial inspection in order to not be classified as
being abandoned. If the vehicle has not moved the minimum distance within
the specified timeframe as required by the county ordinance after the initial
inspection, the agency designated to carry out the functions and requirements
of this section shall provide notice that the vehicle must be moved the
minimum distance within the specified timeframe or the vehicle shall be
classified as abandoned and subject to removal as provided by this
chapter. In the absence of such an ordinance, a vehicle is "abandoned" if it
is left unattended for a continuous period of more than twenty-four hours and
it is unlawfully parked on any public highway or other public property or
private lands defined as a setback, shoulder, easement, or right of way that
is adjacent to or part of a public highway. The mayors of the several
counties may designate an agency within their counties to carry out the
functions and requirements of this section. For the purposes of this
subsection, "agency" means any office, department, or other governmental unit
of the county.
(b) The Hawaii public housing authority may cause vehicles that have
been abandoned on any public housing property owned, managed, or administered
by the Hawaii public housing authority to be taken into custody and disposed
of. For the purposes of this subsection, a vehicle is "abandoned" if it is
left unattended for a continuous period of more than twenty-four hours after
a notice is conspicuously posted on the vehicle that the vehicle is subject
to disposal pursuant to this subsection.
(c) At the request of the landowner, a county may cause vehicles to be
taken into custody and disposed of that have been abandoned on roads for
which dedication to the State or county is pending. For purposes of this
subsection, a vehicle is deemed abandoned if it is left unattended for a
continuous period of more than twenty-four hours after a notice is
conspicuously posted on the vehicle stating that the vehicle is subject to
disposal pursuant to this subsection. [L 1949, c 194, pt of §1; RL 1955, pt
of §138-32; am L 1967, c 267, pt of §1; HRS §290-1; am L 1984, c 261, §1; am
L 1992, c 238, §1; am L 1997, c 350, §14; am L 2005, c 162, §1 and c 196,
§26; am L 2006, c 180, §16; am L 2009, c 193, §§1, 4; am L 2018, c 48, §2; am
L 2022, c 228, §2]
County of Hawai‘i
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekūanāoʻa Street, Suite 41 • Hilo, Hawai‘i 96720
(808) 961-8083 · Fax (808) 961-8086
http://www.hawaiicounty.gov/environmental-management/
County of Hawai‘i is an Equal Opportunity Provider and Employer.
Ramzi I. Mansour
Director
Brenda D. Iokepa-Moses
Deputy Director
Mitchell D. Roth
Mayor
Lee E. Lord
Managing Director
Attachment HCC 20-07-01
Article 7. Disposal of Vehicles and Similar Materials.
Division 1. Abandoned and Derelict Vehicles.
Section 20-07-01. 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; (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 from 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 regarding the disposition of abandoned
or derelict vehicles, that are in accord with chapter 290, Hawai‘i Revised
Statutes. (2022, ord 22-104, sec 2.) 2