Report Title:

Abandoned Facilities; Dangerous Conditions; Condemnation

 

Description:

Establishes civil penalties for property owners who fail to make reasonable efforts to repair properties left in a dangerous condition.  Authorizes counties to place a lien on the property for costs incurred.

 

THE SENATE

S.B. NO.

646

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to property left in a dangerous condition.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Property owners who fail to make reasonable efforts to repair dangerous conditions on their properties present unnecessary risks to others.  In addition to having their properties become an eyesore for passers-by, the presence of these hazardous property conditions leaves citizens at considerable risk of personal injury.

     In the years following hurricanes and natural disasters some property owners either are uninsured or choose to use insurance proceeds in ways other than repairing their structures.  To the detriment of the communities on Kauai some hotels have sat for over ten years unrepaired, and in a dangerous condition.

     The purpose of this Act is to grant counties the power to establish civil penalties for property owners who fail to repair dangerous property conditions.  This Act also authorizes counties to place a lien on the property for costs incurred for condemnation, demolition, or remediation of the property.

     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:

     (1)  Has not been used for commercial or industrial purposes for at least two years;

     (2)  Has been damaged to such an extent that the facility poses a danger to the public health, safety, or welfare; and

     (3)  Is larger than five thousand square feet; shall make a reasonable effort to repair the damaged facility and correct the dangerous condition to ensure that the public health, safety, or welfare is not endangered.

     (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 of the dangerous condition.  If the owner fails to make the necessary repairs within ninety days of receiving notification from the county, the county may declare the property dangerous and:

     (1)  Condemn the property pursuant to section 101‑13; or

     (2)  Demolish the facilities, at the county's discretion.

     The property owner shall be liable for all reasonable costs incurred by the county under this section.

     (c)  Any property owner who fails to make a reasonable effort to repair the property and correct a dangerous condition within ninety days of receiving notification 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 after receiving notification of the dangerous condition and ending the day that the property is condemned, demolished, or remediated.  The county may place a lien on the property to secure payment for the fine and for reasonable costs incurred for the condemnation, 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 (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.  New statutory material is underscored.

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

 

INTRODUCED BY:

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