(a) Notice to remove. The director of planning and permitting is authorized and empowered to notify the owner of property within the city to properly cut and remove weeds, garbage, trash, and waste located on such owner’s property. Such notice shall be served upon the owner of the property by certified mail, addressed to the owner at the owner’s last known address, by publication in a daily or weekly publication in the city pursuant to HRS § 1-28.5, or by posting a copy of the notice upon the property.
(b) Period during which owner shall commence cutting and removing weeds, garbage, trash, or waste. The owner of such property shall be given 30 calendar days within which to commence the cutting and removal of weeds, garbage, trash, or waste as described in the notice.
(c) Form of notice. The notice shall describe the work to be done and shall state that if the work is not commenced within 30 calendar days after notice is given and diligently prosecuted to completion without interruption, the director of planning and permitting may cut and remove the weeds, garbage, trash, or waste and the cost thereof shall be a lien on the property.
(d) Action upon noncompliance. Upon the failure, neglect, or refusal of any owner so notified to commence cutting and removing the weeds, garbage, trash, or waste within 30 days after notice has been given as hereinbefore provided, or within 30 days after the date of mailing such notice in the event the post office department is unable to make delivery thereof; provided that same was properly addressed to the last known address, of such owner, the director of planning and permitting is authorized and empowered to pay for cutting and removing such weeds, garbage, trash, or waste out of city funds or to order its disposal by city employees. The director of planning and permitting and the director of planning and permitting’s authorized representatives, including any contractor with whom the director of planning and permitting contracts under this section, and assistants, employees, or agents of such contractor, are authorized to enter upon the property for the purposes of cutting and removing the weeds, garbage, trash, or waste described in the notice. Before the director of planning and permitting or the director of planning and permitting’s authorized representative or contractor arrives, any property owner may cut and remove the weeds, garbage, trash, or waste at the property owner’s own expense.
(e) Charge to owner. When the city has cut and removed such weeds, garbage, trash, or waste or has paid for their removal, the cost thereof, including overhead costs, plus accrued interest at the rate of 7 percent per year shall be charged to the owner of such property and the owner shall be billed therefor by mail. The bill shall apprise the owner that failure to pay the bill will result in a lien. Interest at the rate of 7 percent per year shall accrue from the 31st calendar day after the bill has been mailed to the owner for payment in the event the same has not been paid prior thereto.
(f) Statement of director of planning and permitting. Where the full amount due the city is not paid by such owner within 30 calendar days after the bill has been mailed for payment, the director of planning and permitting shall cause to be recorded with the director of budget and fiscal services a statement showing the cost and expense incurred for the work, the date the work was done, and the location of the property on which the work was done, and file the same with the director of budget and fiscal services, who shall refer the collection thereof to the corporation counsel.
(g) Mechanic’s and materialman’s lien procedure. Any work done by the city under this section is deemed to be done pursuant to quasi contract or constructive contract between the city and the owner. Based on the foregoing contractual relationship, if the owner fails to pay the amount duly noted on the statement filed by the director of planning and permitting, the corporation counsel may proceed to file a mechanic’s and materialman’s lien pursuant to HRS Chapter 507, Part II, or any other appropriate lien procedures.
(Sec. 13-29.4, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 41, Art. 10, § 41-10.4) (Am. Ords. 13-9, 15-21)