HOUSE OF REPRESENTATIVES	H.B. NO.	1106
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

relating to property nuisance.

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 a residentially zoned 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 another person or the property of the other person proximately caused by the maintenance of a residentially zoned property nuisance.

(b)  For purposes of this section, "maintenance of a residentially zoned property nuisance" means a person who owns, leases, occupies, or has charge, possession, or control of any residentially zoned property that is found in violation of chapter 46, 107 (part II), 152, 205, 321, or 322, or of any rule or county ordinance authorized under chapter 46, 107 (part II), 152, 205, 321, or 322 three or more times within three years of the first violation.

(c)  Nothing in this section shall be deemed to create liability:

(1) If the defendant's property is not zoned exclusively for residential use;

(2) If the defendant's property use is a permitted non-conforming use;

(3) For any public use or public works;

(4) For any publicly funded project;

(5) For agricultural use;

(6) For vacant property that has never been built on that is in a predominantly natural state; and

(7) For construction and demolition activity pursuant to a permit, law, ordinance, regulation, or an emergency and for the presence of equipment and material for a reasonable time after that construction and demolition activity has ceased."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Civil Liability; Property Nuisance; Residential Property

Description:

Creates a private right of action against any person who maintains a residentially zoned property that is found in violation of a state law or rule, or county ordinance three or more times within three years, and that causes injury or damage to the person or property of another person.  Provides for exceptions.

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