(a) Any person responsible for littering shall be liable to the city for the cost of removing such litter. The bill for the cost of removal shall be issued by the department of environmental services or the department of parks and recreation and shall state the amount to be charged by the city. The cost of removal shall be the actual cost incurred by the city, plus any administrative expenses associated with the removal; provided that the amount to be charged shall not be less than $5. Nothing in this section shall be deemed to constitute a waiver of the city’s right to issue a citation pursuant to § 13-4.6(a), including in instances where the person littering refuses to remove the litter or refuses to pay the city for the city’s removal of the litter.
(b) In the case of litter on open or vacant private property in the city, the director of planning and permitting is authorized to notify the owner of the property or the agent of such owner to properly dispose of the litter. Such notice shall be given by certified mail, addressed to the owner at the owner’s last known address and a copy thereof shall be posted on the property. The notice shall describe the work to be done and shall state that if the work is not commenced within 30 calendar days after the notice is given and diligently prosecuted to completion without interruption, the director of planning and permitting shall so notify the director of the department of environmental services and the director of the department of environmental services shall enter upon the property and cause the removal of the litter thereon, and the cost thereof shall be a lien on the property. The director of the department of environmental services shall observe the following procedures:
(1) Upon the failure, neglect, or refusal of any owner or agent so notified to properly dispose of litter within 30 days after receipt of written notice, or within 30 days after the date of such notice in the event the same is returned to the city because of an inability to make delivery thereof, provided the same is properly addressed to the last known address of such owner or agent, the director of the department of environmental services is authorized and empowered to dispose of such litter or to order its disposal by the city. The director of the department of environmental services and the director’s authorized representatives, including any contractor with whom the director contracts under this section and assistants, employees, or agents of such contractor are authorized to enter upon the property for the purpose of removing the litter thereon. Before the director of the department of environmental services or the director’s authorized representative or contractor arrives, any property owner may remove the litter thereon at the owner’s expense.
(2) When the city has effected the removal of such litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of 8 percent per year, shall be charged to the owner of such property who shall be billed therefor by mail. The bill shall apprise the owner that failure to pay the bill will result in a lien being placed upon the property. Interest at the rate of 8 percent per year shall accrue on any unpaid balance from the 31st calendar day after the bill has been mailed to the owner.
(3) 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 the department of environmental services shall cause to be recorded with the city 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 of the unpaid balance to the corporation counsel.
(4) Any work done by the city under this subsection is deemed to be done pursuant to a 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 the department of environmental services, 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.
(5) The director of the department of environmental services shall cause to be kept in the department a permanent record containing:
(A) A description of each parcel of the property for which a notice to remove litter has been given under this subsection;
(B) The name of the owner, if known;
(C) The date on which such notice was mailed and posted;
(D) The charges incurred by the city in removing the litter and all incidental expenses in connection therewith; and
(E) A brief summary of the work performed. Each such entry shall be made as soon as possible after completion of such act.
(c) All moneys collected under this section shall be deposited into the solid waste special fund.
(Sec. 26-11.5, R.O. 1978 (1987 Supp. to 1983 Ed.)) (1990 Code, Ch. 29, Art. 4, § 29-4.5) (Am. Ords. 88-78, 02-37)