(a) No person shall erect, establish, place, construct, maintain, keep, or operate any sidewalk-nuisance on any sidewalk, except as provided in § 13-16.6 or as otherwise authorized by law. Any sidewalk-nuisance in violation of this subsection shall be subject to summary removal.
(b) The director may immediately and summarily remove, or cause the immediate and summary removal, of a sidewalk-nuisance. A sidewalk-nuisance may be disassembled for removal.
(1) The director shall store or cause to be stored any sidewalk-nuisance removed pursuant to this subsection until the director is authorized to destroy, sell, or otherwise dispose of the sidewalk-nuisance pursuant to this section, but in no event, less than 30 calendar days from the date of removal.
(2) Notification.
(A) Written notice of the city’s removal of the sidewalk-nuisance shall be posted for three consecutive days following removal of the sidewalk-nuisance on the public property where the sidewalk-nuisance was removed. If notice cannot be posted as provided, then it shall be posted on the internet website for the city for three consecutive days following removal of the sidewalk-nuisance.
(B) The written notice shall state:
(i) The date, violation, and removal of the sidewalk-nuisance;
(ii) That the owner may reclaim the sidewalk-nuisance within 30 calendar days from the date of the removal of the sidewalk-nuisance;
(iii) Contact information and instructions on how the owner may reclaim the sidewalk-nuisance;
(iv) That the owner has the right to appeal the removal of the sidewalk-nuisance in accordance with subsection (d); and
(v) That, if not timely reclaimed or the subject of timely appeal, the sidewalk-nuisance shall be subject to disposal.
(C) If a name and mailing address has been legibly and conspicuously provided on a sidewalk-nuisance removed pursuant to this subsection, then the director also shall issue a written notice, by certified mail, to the person named on the sidewalk-nuisance within seven calendar days following the date of the removal of the sidewalk-nuisance; provided that if only an address is provided on a sidewalk-nuisance, the director shall issue a written notice, by certified mail, addressed to the “occupant” of that address, within seven calendar days following the date of the removal of the sidewalk-nuisance. No such notice shall be required if only the name is provided and the director is unable after a good faith effort to determine the address of the named person.
(D) Shopping carts. If a shopping cart is removed and impounded pursuant to this subsection, the city shall notify the Retail Merchants Association or its successor organization of the location where the shopping cart may be claimed. The Retail Merchants Association or its successor organization shall notify the owner of the shopping cart or owner’s agent of the location where the shopping cart may be claimed. The owner or owner’s agent shall have three business days from the date the city notifies the Retail Merchants Association or its successor organization to retrieve the shopping cart without charge. If the owner or owner’s agent fails to retrieve the shopping cart within three business days, the shopping cart shall be treated as a removed sidewalk-nuisance pursuant to this subsection, and written notice shall be provided as in subsection (b)(2), and the owner shall be subject to a fee pursuant to subsection (c), unless the owner successfully contests the removal as provided in subsection (d).
(3) The director may destroy, sell, or otherwise dispose of a sidewalk-nuisance removed under this subsection after a period of 30 calendar days from the date of removal of the sidewalk-nuisance, unless a timely appeal has been filed under subsection (d).
(c) A sidewalk-nuisance removed pursuant to this section may be reclaimed by the owner within the applicable 30-day period specified in subsection (b). To reclaim a sidewalk-nuisance, an owner or the owner’s authorized representative shall make arrangements with the director to reclaim the sidewalk-nuisance; shall appear in person within the applicable 30-day period at the time and place designated by the director; shall provide satisfactory proof of identity and entitlement; and shall pay to the city a $200 fee for the city’s cost of removal, storage and handling of the sidewalk-nuisance, whereupon the city shall release the sidewalk-nuisance to the owner or the owner’s authorized representative, as is.
(d) An owner of a sidewalk-nuisance removed pursuant to this section may contest the removal by written request for a hearing to the director received no later than 25 calendar days after removal of the sidewalk-nuisance. The owner shall provide a current mailing address to receive the notice of the decision of the director regarding the appeal. The hearing shall be conducted by the director in accordance with HRS Chapter 91. The appeal shall be limited to a determination of whether the sidewalk-nuisance was properly removed and a fee properly assessed pursuant to this section. The director shall continue to store or have stored the sidewalk- nuisance until the appeal has been decided. If the decision of the director is in favor of the owner, then the owner may arrange to reclaim the sidewalk-nuisance without paying the fee for the removal, storage, and handling of the sidewalk-nuisance. If the decision of the director is in favor of the city, then the sidewalk-nuisance may be returned to the owner or the owner’s authorized representative upon payment of the removal, storage, and handling fee of $200. If the owner or the owner’s authorized representative fails to reclaim the sidewalk-nuisance within seven calendar days of the postmark for the notice of the decision, the sidewalk-nuisance may be destroyed, sold, or otherwise disposed of by the director.
(1990 Code, Ch. 29, Art. 16, § 29-16.3) (Added by Ord. 13-8)