Report Title:
Maintenance of Properties within The Kalaeloa Community Development District
Description:
Clarifies the responsibility of the Hawaii Community Development Authority to act as an ombudsman for maintenance issues of concern within the Kalaeloa Community Development District. (HB2394 HD1)
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2394 |
TWENTY-SECOND LEGISLATURE, 2004 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE MAINTENANCE OF PROPERTIES WITHIN THE KALAELOA COMMUNITY DEVELOPMENT DISTRICT
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Barbers Point Naval Air Station was officially closed on July 1, 1999. The Navy is in the process of conveying approximately two thousand one hundred fifty acres of this property, which has been named the "Kalaeloa community development district", to various agencies of the federal government, the State, and the city and county of Honolulu. For various reasons many of these parcels remain vacant and are not being sufficiently maintained, and their condition continues to deteriorate. Complaints include overgrown grass, kiawe fires, rubbish near roadways, and unkempt appearance. The Hawaii community development authority (HCDA) has jurisdiction over the Kalaeloa community development district and is concerned about the threats these maintenance issues pose to public health and safety. HCDA seeks to encourage proper maintenance of all properties in Kalaeloa by establishing a set of procedures to address the deteriorating conditions of property in Kalaeloa.
The purpose of this Act is to clarify the authority of HCDA to act as an ombudsman for issues of concern within the Kalaeloa community development district. This Act clarifies that the HCDA may:
(1) Receive and follow up on complaints with landowners in Kalaeloa;
(2) Take a proactive role in researching and monitoring problem areas; and
(3) Report to the landowners in the district regarding the nature and number of complaints and inquiries, to ensure proper notification at the highest levels.
SECTION 2. Chapter 206E, Hawaii Revised Statutes, is amended by adding to part VII two new sections to be appropriately designated and to read as follows:
§206E- Kalaeloa community development district; complaint investigation; procedures. (a) The Hawaii community development authority may:
(1) Research any complaint concerning the Kalaeloa community development district that it determines to be an appropriate subject for investigation, including:
(A) Unkempt appearance of property;
(B) Brushfires on property;
(C) Rubbish disposed of inappropriately; or
(D) Conditions on property otherwise incongruous with generally accepted standards of maintenance;
(2) Conduct research and monitor concerns relating to the Kalaeloa community development district on the authority's own motion if the authority reasonably believes that an appropriate subject for investigation exists; and
(3) Establish procedures for receiving and processing complaints, conducting research, monitoring concerns, and reporting its findings.
(b) The authority shall provide notice to complainants and landowners as follows:
(1) If the authority decides not to research a complaint, it shall inform the complainant of that decision and shall state its reasons;
(2) If the authority decides to research a complaint, it shall notify the complainant of its decision and shall also notify the landowner of its intention to investigate; and
(3) After a reasonable time has elapsed, the authority shall notify the complainant of any actions taken by the authority and by the landowner.
(c) Before publishing any opinion or recommendation concerning an investigation by the authority under this section that is critical of a landowner or another person, the authority shall consult with that landowner or other person on the best means to remedy the situation.
After a reasonable time has elapsed, the authority may present its opinion and recommendations to the governor, the legislature, the public, or any of these. The authority shall include with this opinion any reply made by the landowner.
§206E- Quarterly report. The authority shall submit to the various landowners in the Kalaeloa community development district a quarterly report discussing the authority's activities under section 206E- . The report shall be made available to the public upon request."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2004.