Establishes civil penalties for property owners who fail to make a reasonable effort at remediation. Authorizes counties to condemn and demolish abandoned facilities damaged due to a natural disaster and place a lien on the property for costs incurred. (SD1)

A BILL FOR AN ACT

SECTION 1. After natural disasters occur, commercial and industrial facilities are often damaged. The owners of these structures often do not rebuild or make the necessary repairs, so the facility is left abandoned. Over time they become dilapidated, unsafe, and an eyesore for passers-by.

The State must be authorized to clear debris and condemn derelict and dangerous buildings following natural disasters. Unless the State has the ability to clear these dangerous abandoned properties and make them safe, citizens will be threatened by the hazardous conditions.

The purpose of this Act is to establish civil penalties for property owners who fail to make a reasonable effort to remediate dangerous building conditions. This Act authorizes counties to place a lien on the property for costs incurred for condemnation and demolition or remediation of the dangerous building condition.

SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46-   Damaged facilities; dangerous conditions; condemnation; penalties. (a) The owner of a building or other facility formerly used for commercial or industrial purposes, which:

(3) Is larger than five thousand square feet;

(b) The county in which a building or other facility that meets the requirements of subsection (a) is located shall notify the owner of the property in writing of the dangerous condition. If the owner fails to make a reasonable effort to remediate the dangerous condition within ninety days following notification by the county, the county may declare the site dangerous and condemn the property pursuant to section 101-13 and demolish or remediate the facilities. The property owner shall be liable for all costs related to the condemnation action and any demolition or remediation activity pursuant to this section.

(c) Any property owner who fails to make a reasonable effort to remediate a dangerous property condition within ninety days following written notice from the county pursuant to subsection (b) shall pay a civil fine to the county not to exceed $1,000 per day, beginning with the ninety-first day following notification and ending when the property is condemned and demolished or remediated by the county or remediated by the owner. The county may place a lien on the property to secure payment for the fine and for costs incurred for the condemnation and demolition or remediation of the property."

SECTION 3. Section 101-13, Hawaii Revised Statutes, is amended to read as follows:

"§101-13 Exercise of power by county. Whenever any county deems it advisable or necessary to exercise the right of eminent domain in the furtherance of any governmental power, or as provided under section 46-   , the proceedings may be instituted as provided in section 101-14 after the governing authority, such as the [(]county council, or other governing board in the case of an independent board having control of its own funds[)], of the county has authorized such suit by resolution duly passed, or adopted and approved, as the case may be. The resolution, in the case of the city and county of Honolulu or an independent board thereof, shall, after its introduction, be published in a daily newspaper with the ayes and noes, once, [(]Sundays and legal holidays excepted[)], at least three days before final action upon it, and in the case of any other county or an independent board thereof, be published in a newspaper with the ayes and noes, at least one day, [(]Sundays and legal holidays excepted[)], before final action upon it."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.