SB2495 SD1.DOC

THE SENATE	S.B. NO.	2495
TWENTY-SIXTH LEGISLATURE, 2012		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE PENAL CODE.

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

SECTION 1. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§712‑ Maintaining a property nuisance. (1) A person commits the offense of maintaining a property nuisance by owning, leasing, occupying, or having charge or possession of any residential property and maintaining that property in such a manner that any one or more of the following conditions or activities is allowed to exist or continue:

(a) Keeping, storing, depositing, or accumulating on improved or unimproved real property any personal property that is within the view of persons on adjacent or nearby real property or public highway when the personal property constitutes visual blight. Personal property includes:

(i) Abandoned, wrecked, or dismantled motor vehicles or boats or vessels;

(ii) Automotive parts and equipment, appliances, and furniture;

(iii) Containers, packing materials, scrap metal, wood, building materials, concrete masonry units, litter, garbage, junk, rubbish, and debris; provided that wood and building materials being used, or to be used, for a project of repair or renovation and for which an active building permit is in effect may be stored for as long as is necessary to complete the project expeditiously. Upon expiration or cancellation of the building permit, wood and building materials for the project shall be immediately removed; and

(iv) Any photograph, drawing, sculpture, or similar visual representation of any person of the age of puberty or older that constitutes an offense of displaying indecent matter under section 712-1211;

(b) Keeping, storing, depositing, or accumulating dirt, sand, gravel, concrete, or other similar materials that constitute visual blight;

(d) Permitting standing or stagnant water to accumulate, allowing vermin and insects to live, breed, and multiply;

(e) Creating, permitting, or maintaining any dangerous, unsightly, or blighted condition that constitutes visual blight;

(f) Attracting and providing a place of temporary abode for vagrants, interlopers, or trespassers; and

(g) Creating, permitting, or maintaining any condition recognized in law or in equity as constituting a public nuisance.

(2) Maintaining a property nuisance is a misdemeanor.

(3) For purposes of this section, "visual blight" means any unreasonable or unlawful condition, or use of premises or of a building exterior or interior that by reason of its appearance as viewed at ground level from the public right-of-way or from the neighboring premises, is detrimental to the surrounding areas and the property of others, or is detrimental to the health, safety, and welfare of individuals residing within that community."

SECTION 2. Section 712-1270, Hawaii Revised Statutes, is amended to read as follows:

"§712-1270 Places used to commit offenses against public health and morals, a nuisance. Every building, premises, or place used for the purpose of violating:

(1) Those laws pertaining to offenses against public health and morals contained in parts I, II, and IV of this chapter, except offenses under part IV which do not involve the manufacture or distribution of drugs; or

(2) Section 132D-14(a)(1) or (3),

and every building, premises, or place in or upon which the violations are held or occur in parts I, II, and IV, [or] section 132D-14(a)(1) or (3), or section 712- , is a nuisance that shall be enjoined, abated, and prevented, regardless of whether it is a public or private nuisance."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2050.