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Honolulu, HI Code of Ordinances
THE REVISED ORDINANCES OF HONOLULU
TITLE I: ADMINISTRATION
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: THE MAYOR AND EXECUTIVE AGENCIES - ADDITIONAL POWERS, DUTIES, AND FUNCTIONS
CHAPTER 3: ADDITIONAL BOARDS, COMMISSIONS, AND COMMITTEES
CHAPTER 4: ADDITIONAL POWERS AND DUTIES OF COUNCIL AND LEGISLATIVE AGENCIES
CHAPTER 5: SALARIES, EMPLOYMENT, AND BONDING REQUIREMENTS OF ELECTED OFFICIALS AND NON-CIVIL-SERVICE OFFICERS
TITLE II: TAXATION AND FINANCES
CHAPTER 6: FUNDS, FEES, AND LOAN PROGRAMS
CHAPTER 7: RESERVED
CHAPTER 8: REAL PROPERTY TAX
CHAPTER 8A: TAXATION OF TRANSIENT ACCOMMODATIONS
TITLE III: MISCELLANEOUS REGULATIONS
CHAPTER 9: BOTANICAL GARDENS
CHAPTER 10: PUBLIC PARKS AND RECREATION FACILITIES
CHAPTER 11: CHILD CARE
CHAPTER 12: ANIMALS AND FOWLS
CHAPTER 13: STREETS, SIDEWALKS, MALLS, AND OTHER PUBLIC PLACES
CHAPTER 14: PUBLIC WORKS INFRASTRUCTURE
TITLE IV: TRAFFIC AND VEHICLES
CHAPTER 15: TRAFFIC AND VEHICLES
CHAPTER 15A: REGULATIONS OF VEHICLES
CHAPTER 15B: PUBLIC TRANSIT
TITLE V: BUILDING AND CONSTRUCTION CODES
CHAPTER 16: BUILDING CODE
CHAPTER 16A: HOUSING CODE
CHAPTER 16B: BUILDING ENERGY CONSERVATION CODE
CHAPTER 16C: BUILDING MANAGEMENT
CHAPTER 17: ELECTRICAL CODE
CHAPTER 18: FEES AND PERMITS FOR BUILDING, ELECTRICAL, PLUMBING, AND SIDEWALK CODES
CHAPTER 18A: GRADING, SOIL EROSION, AND SEDIMENT CONTROL
CHAPTER 19: PLUMBING CODE
CHAPTER 20: FIRE CODE OF THE CITY AND COUNTY OF HONOLULU
TITLE VI: LAND USE
CHAPTER 21: LAND USE ORDINANCE
CHAPTER 21A: FLOOD HAZARD AREAS
CHAPTER 22: SUBDIVISION OF LAND
CHAPTER 23: STATE LAND USE CLASSIFICATION
CHAPTER 24: DEVELOPMENT PLANS
CHAPTER 25: SPECIAL MANAGEMENT AREAS
CHAPTER 26: SHORELINE SETBACKS
CHAPTER 27: COMMUNITY FACILITIES DISTRICTS
CHAPTER 28: SPECIAL IMPROVEMENT DISTRICTS
CHAPTER 29: AFFORDABLE HOUSING REQUIREMENTS
CHAPTER 30: WATER MANAGEMENT
CHAPTER 31: COMMUNITY ECONOMIC DEVELOPMENT
CHAPTER 32: AFFORDABLE RENTAL HOUSING
CHAPTER 33: DEVELOPMENT AGREEMENTS
CHAPTER 33A: IMPACT FEES FOR TRAFFIC AND ROADWAY IMPROVEMENTS IN EWA
TITLE VII: BUSINESS
CHAPTER 34: REGULATION OF BUSINESSES
CHAPTER 35: INCENTIVES FOR BUSINESS TO CREATE NEW JOBS
CHAPTER 36: COMMON CARRIERS
TITLE VIII: PROPERTY
CHAPTER 37: REAL PROPERTY TRANSACTIONS INVOLVING THE CITY AND COUNTY OF HONOLULU
CHAPTER 38: LEASE AND RENTAL OF CITY REAL PROPERTY, INCLUDING FEES
CHAPTER 39: MAXIMUM ANNUAL RENEGOTIATED LEASE RENT
CHAPTER 40: OFFENSES RELATING TO PROPERTY
TITLE IX: PUBLIC HEALTH, SAFETY, AND SANITATION
CHAPTER 41: PUBLIC HEALTH AND SAFETY
CHAPTER 42: COLLECTION AND DISPOSAL OF REFUSE
CHAPTER 43: SEWERS, DRAINAGE, AND CESSPOOLS
PARALLEL REFERENCES
TABLES
§ 13-4.5 Cost of litter removal.
(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)