HOUSE OF REPRESENTATIVES

H.B. NO.

1854

TWENTY-SEVENTH LEGISLATURE, 2014

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO NUISANCES.

 

 

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

 


     SECTION 1.  Section 322-1, Hawaii Revised Statutes, is amended to read as follows:

     "§322-1  Removal, prevention.  (a)  The department of health and its agents shall examine into all nuisances, foul or noxious odors, gases or vapors, water in which mosquito larvae exist, sources of filth, and all causes of sickness or disease, on shore, and in any vessel, which may be known to them or brought to their attention, which in their opinion are dangerous or injurious to health, and into any and all conditions created or existing which cause or tend to cause sickness or disease or to be dangerous or injurious to health, and shall cause the same to be abated, destroyed, removed, or prevented.

     For purposes of this part, a nuisance shall include:

     (1)  Toxic materials that are used in or by-products of the manufacture or conversion of methamphetamine, and clandestine drug labs that manufacture methamphetamine; [and]

     (2)  Odors and filth resulting from a person feeding feral birds[.]; and

     (3)  Odors, filth, and the infestation of rodents or pests resulting from the storage of personal property that is not maintained or kept in good order.

     (b)  In exercising its authority to abate, destroy, remove, or prevent a nuisance under subsection (a)(3), the department of health shall only invoke its authority to abate, destroy, remove, or prevent the nuisance if the person whose personal property is the cause of the nuisance has:

     (1)  Been subject to administrative fines by the State or county, of not less than an aggregate of $10,000 for the nuisance within a ten-year period; and

     (2)  Not substantially remediated the nuisance within six months of receipt of the administrative fine last imposed by the State or county."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.


 

Report Title:

Nuisance Abatement; Storage of Personal Property

 

Description:

Designates odors, filth, and the infestation of rodents or pests resulting from the storage of personal property that is not maintained or kept in good order as a nuisance for the purpose of nuisance abatement.  Authorizes imposition of abatement remedies only if violator has incurred a minimum aggregate penalty amount.  Effective July 1, 2050.  (HB1854 HD1)

 

 

 

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