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THE SENATE |
S.B. NO. |
2496 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LANDOWNER LIABILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§663- Liability for maintenance of property nuisance. (a) A person may be held personally liable in damages for injury or trespass, whether direct or indirect, including the diminution of property valuation, to the person or property of another person proximately caused by the maintenance of a property nuisance.
(b) If a person engages in conduct that constitutes the maintenance of a property nuisance involving three or more separate properties within a one mile radius from a claim arising pursuant to this section and judgment is entered for the person asserting the claim, the person shall be awarded a sum equal to threefold damages sustained by the person.
(c) For purposes of this section, "maintenance of a property nuisance" means owning, leasing, occupying, or having charge, possession, or control of any residential property and maintaining that property in a manner that any one or more of the following conditions or activities is allowed to exist or continue:
(1) Keeping, storing, depositing, or accumulating on improved or unimproved real property any personal property that constitutes visual blight. Personal property includes:
(A) Abandoned, wrecked, or dismantled motor vehicles or boats or vessels;
(B) Automotive parts and equipment, appliances, and furniture;
(C) 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
(D) 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;
(2) Keeping, storing, depositing, or accumulating dirt, sand, gravel, concrete, or other similar materials that constitute visual blight;
(3) Operating a junk yard or automobile dismantling yard, except as a permitted use in an industrial zone;
(4) Permitting standing or stagnant water to accumulate, allowing vermin and insects to live, breed, and multiply;
(5) Creating, permitting, or maintaining any dangerous, unsightly, or blighted condition that constitutes visual blight;
(6) Attracting and providing a place of temporary abode for vagrants, interlopers, or trespassers; and
(7) Creating, permitting, or maintaining any condition recognized in law or in equity as constituting a public nuisance.
(d) 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. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2050.
Report Title:
Landowner Liability; Property Nuisance
Description:
Creates a cause of action against any person who maintains a property nuisance that causes injury or damage to the person or property of another person. Specifies conditions that constitute maintaining a property nuisance. Effective on 07/01/50. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.