H.B. NO.














relating to landowner liability.





     SECTION 1.  Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§663-    Liability for maintenance of property nuisance.  (a)  A person may be held personally liable in damages for injury or trespass, whether direct or indirect, including the diminution of property valuation, to the person or property of another person proximately caused by the maintenance of a property nuisance.

     (b)  If a person engages in conduct that constitutes the maintenance of a property nuisance involving three or more separate properties within a one mile radius from a claim arising pursuant to this section and judgment is entered for the person asserting the claim, the person shall be awarded a sum equal to threefold damages sustained by the person.

     (c)  For purposes of this section, "maintenance of a property nuisance" means owning, leasing, occupying, or having charge, possession, or control of any property and maintaining that property in a manner that any one or more of the following conditions or activities is allowed to exist or continue:

     (1)  Keeping, storing, depositing, or accumulating on improved or unimproved real property any personal property that is within the view of persons on adjacent or nearby real property or public highway when the personal property constitutes visual blight, reduces the aesthetic appearance of the neighborhood, is offensive to the senses, or is detrimental to nearby property or property values.  Personal property includes:

         (A)  Abandoned, wrecked, or dismantled motor vehicles or boats or vessels;

         (B)  Automotive parts and equipment, appliances, and furniture;

         (C)  Containers, packing materials, scrap metal, wood, building materials, concrete masonry units, litter, garbage, junk, rubbish, and debris; provided that wood and building materials being used, or to be used, for a project of repair or renovation and for which an active building permit is in effect may be stored for as long as is necessary to complete the project expeditiously.  Upon expiration or cancellation of the building permit, wood and building materials for the project shall be immediately removed; and

         (D)  Any photograph, drawing, sculpture, or similar visual representation of any person of the age of puberty or older that constitutes an offense of displaying indecent matter under section 712-1211;

     (2)  Keeping, storing, depositing, or accumulating dirt, sand, gravel, concrete, or other similar materials that constitute visual blight, reduce the aesthetic appearance of the neighborhood, are offensive to the senses, or are detrimental to nearby property or property values;

     (3)  Operating a junk yard or automobile dismantling yard, except as a permitted use in an industrial zone;

     (4)  Permitting standing or stagnant water to accumulate, allowing vermin and insects to live, breed, and multiply;

     (5)  Creating, permitting, or maintaining any dangerous, unsightly, or blighted condition that is detrimental to the health, safety, or welfare of the public;

     (6)  Maintaining the exterior of any vacant or unoccupied building, or the interior of any building that is readily visible from any public highway or adjacent parcel of property, in a state of unsightliness so as to constitute a blighted condition detrimental to the property values in the neighborhood or otherwise detrimental to the public welfare;

     (7)  Attracting and providing a place of temporary abode for vagrants, interlopers, or trespassers;

     (8)  Creating, permitting, or maintaining any illegal activity on the property that is detrimental to the life, health, safety, and welfare of the residents, neighbors, or public.  For purposes of this paragraph, "illegal activity" means any violation of state or federal law, rules, or regulations, or county ordinances or rules; and

     (9)  Creating, permitting, or maintaining any condition recognized in law or in equity as constituting a public nuisance."

     SECTION 2.  New statutory material is underscored.

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








Report Title:

Landowner Liability; Property Nuisance



Creates a cause of action against any person who maintains a property nuisance that causes injury or damage to the person or property of another person.





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