Bill Text: HI HB22 | 2010 | Regular Session | Introduced

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Bill Title: Nuisance; Misdemeanor

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB22 Detail]

Download: Hawaii-2010-HB22-Introduced.html

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Report Title:

Nuisance; Misdemeanor

 

Description:

Makes the maintenance of a property nuisance a misdemeanor.

 

HOUSE OF REPRESENTATIVES	H.B. NO.	22
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to nuisances.

 

 

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

 

     SECTION 1.  Chapter 712, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part   .  Property nuisance

     §712-    Property nuisance.  (a)  A person commits the offense of promoting a property nuisance by owning, leasing, occupying, or having charge or possession 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)  The keeping, storage, depositing, or accumulation on the property of any personal property that is within the view of persons on adjacent or nearby real property or the 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 but is not limited to:

         (A)  Abandoned, wrecked, or dismantled automobiles or unseaworthy boats or vessels;

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

         (C)  Containers, packing materials, scrap metal, wood, building materials, concrete masonry units, rubbish, and debris.

          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 existence 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 must be immediately removed;

     (2)  The keeping, storage, depositing, or accumulation of dirt, sand, gravel, concrete, concrete masonry units, or other similar materials that constitute visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values;

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

     (4)  The permitting of standing or stagnant water to accumulate, allowing vermin to live, bred, and multiply;

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

     (6)  Any condition recognized in law or in equity as constituting a public nuisance;

     (7)  The maintenance of 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;

     (8)  Any unimproved real property that has become a dumping ground for litter, garbage, junk, debris, or discarded vehicles, vehicle parts, or vehicle hulks, and which real property has been subject to abatement action on one or more occasions pursuant to this chapter;

     (9)  Any illegal activity occurring on the property that is detrimental to the life, health, safety, and welfare of the residents, neighbors, or public.  For purposes of this chapter, illegal activity is defined as any violation of state or federal law, rules or regulations, or county ordinances or rules.

     (b)  Promoting a property nuisance is a misdemeanor."

     SECTION 2.  Section 712-1270, Hawaii Revised Statutes, is amended to read as follows:

     "§712-1270  Places used to commit offenses against public health and morals, a nuisance.  Every building, premises, or place used for the purpose of violating those laws pertaining to offenses against public health and morals contained in parts I, II, [and] IV, and      of this chapter, except offenses under part IV [which] that do not involve the manufacture or distribution of drugs, and every building, premises, or place in or upon which the violations are held or occur in parts I, II, [and] IV, and     ,  is a nuisance that shall be enjoined, abated, and prevented, regardless of whether it is a public or private nuisance."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________