Report Title:

Abandoned Facilities; Dangerous Conditions; Condemnation; County Powers; Penalties

Description:

Authorizes counties to condemn and demolish abandoned facilities that have been damaged due to a natural disaster; establishes civil penalties for property owners whose property sits in a damaged and dangerous condition and who fail to make reasonable efforts at remediation; authorizes counties to place a lien on the property to secure payment for costs incurred for condemnation, demolition, or remediation of the property. (SB1560 HD2)

THE SENATE

S.B. NO.

1560

TWENTY-SECOND LEGISLATURE, 2003

H.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to property left in a dangerous condition.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"46- Abandoned facilities; dangerous conditions; condemnation; penalties. (a) The owner of a building or other facility that was formerly used for commercial or industrial purposes and which:

(1) Has not been used for commercial or industrial purposes for at least two years;

(2) Has been damaged by a natural disaster, such as a hurricane, tidal wave, volcanic eruption, or earthquake, to such an extent that the facilities pose a danger to the public health, safety, or welfare; and

(3) Is larger than five thousand square feet,

shall make a reasonable effort to repair the damage and correct the problem so that the public health, safety, or welfare is not endangered.

(b) The county in which a building or other facility that meets the requirements of subsections (a)(1), (2), and (3) is located shall notify the owner of the property of the dangerous condition. If the owner fails to take remedial action within ninety days following notification by the county, the county may declare the site as dangerous and either condemn the property or demolish the facilities, at the county's discretion. The property owner shall be liable for all costs related to the condemnation action or demolition activity pursuant to this section.

(c) Any property owner who fails to make a reasonable effort to remediate a dangerous property within ninety days following notification by the county pursuant to subsection (b) shall pay a civil fine to the county not to exceed $1,000 per day, beginning with the ninety-first day following notification and ending when the property is condemned, demolished, or remediated. The county may place a lien on the subject property to secure payment for costs incurred for the condemnation, demolition, or remediation of the property."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.