Bill Text: HI SB2495 | 2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Penal Code; Maintaining a Property Nuisance; Offense

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-03-08 - (H) Referred to WLO, JUD, FIN, referral sheet 41 [SB2495 Detail]

Download: Hawaii-2012-SB2495-Introduced.html

THE SENATE

S.B. NO.

2495

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE PENAL CODE.

 

 

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

 


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

     "§712‑    Maintaining a property nuisance.  (1)  A person commits the offense of maintaining a property nuisance by owning, leasing, occupying, or having charge or possession of any property and maintaining that property in such a manner that any one or more of the following conditions or activities is allowed to exist or continue:

    (a)   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:

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

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

       (iii)  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

        (iv)  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;

    (b)   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;

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

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

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

    (f)   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;

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

    (h)   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

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

     (2)  Maintaining 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:

     (1)  Those laws pertaining to offenses against public health and morals contained in parts I, II, and IV of this chapter, except offenses under part IV which do not involve the manufacture or distribution of drugs; or

     (2)  Section 132D-14(a)(1) or (3),

and every building, premises, or place in or upon which the violations are held or occur in parts I, II, and IV, or section 132D-14(a)(1) or (3), or section 712-   , is a nuisance that shall be enjoined, abated, and prevented, regardless of whether it is a public or private nuisance."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Crimes; Maintaining a Property Nuisance

 

Description:

Establishes the offense of maintaining a property nuisance as a misdemeanor.  Specifies conditions that constitute maintaining a property nuisance.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

feedback