HB 175: RELATING TO PROPERTY MAINTENANCE.

A BILL FOR AN ACT

RELATING TO PROPERTY MAINTENANCE.

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

     SECTION 1.  The legislature finds that neglected properties create environmental and public safety hazards, including serving as breeding grounds for invasive species, raising the risk of wildfires, and adversely affecting surrounding communities.  Addressing property neglect is essential to protect Hawaii's ecosystems, mitigate wildfire risks, and maintain the quality of life for residents.

     Therefore, the purpose of this Act is to require owners or lessees of real property to maintain their property and establish penalties for failure to do so.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

REAL PROPERTY MAINTENANCE

     §   -1  Real property maintenance; requirements.  Notwithstanding any law to the contrary, it shall be the responsibility of any owner or lessee of real property to ensure that their real property is regularly maintained to prevent:

     (1)  The proliferation of invasive species, including but not limited to plants, shrubs, grasses, or other vegetation that are known to spread aggressively and threaten native ecosystems and are already listed as noxious, restricted, or prohibited species by county, state, or federal authorities;

     (2)  Conditions that raise the risk of wildfires, such as excessive accumulation of dry vegetation, debris, or other combustible materials; and

     (3)  Public safety hazards, including overgrowth of vegetation that obstructs pathways, roads, or access for emergency responders.

     §   -2  Penalties.  (a)  Any owner or lessee of real property whose property has been determined by the applicable state or county agency to pose environmental or public safety risks as set forth in section    -1 shall be issued a written notice of violation specifying the necessary corrective actions to be completed within a reasonable time limit, not to exceed thirty days.

     (b)  Failure to comply within the time limit pursuant to subsection (a) shall result in:

     (1)  A civil fine of no less than $1,000 and no more than $10,000 per violation;

     (2)  An additional fine of $100 per day for continued noncompliance by the owner or lessee of the real property beyond the initial notice period; and

     (3)  Requiring the reimbursement of costs incurred by the State or county for remediation efforts undertaken due to noncompliance by the owner or lessee of the real property.

     (c)  The penalties shall be levied against the owner or  lessee of the real property, as applicable.

     §   -3  Exceptions.  Exceptions may be granted by the State or a county for:

     (1)  Real property that is under active restoration, conservation, or agricultural management plans approved by the State or county; or

     (2)  Circumstances deemed beyond the reasonable control of the owner or lessee of the real property, as determined by the applicable state or county agency.

     §   -4  Procedures for implementation of chapter.  (a)  The department of agriculture shall adopt rules pursuant to chapter 91 to implement this chapter, including procedures for inspection, enforcement, appeals, and the collection of fines related to the proliferation of invasive species.

     (b)  The office of the state fire marshal shall adopt rules pursuant to chapter 91 to implement this chapter, including procedures for inspection, enforcement, appeals, and the collection of fines related to wildfire prevention and reduction of other public safety hazards; provided that the office of the state fire marshal may delegate the inspection, enforcement, appeal, and collection of fines to the respective county fire departments.

     (c)  Each county shall adopt ordinances to implement this chapter, including procedures for inspection, enforcement, appeals, and the collection of fines.

     §   -5  Fines; purposes.  (a)  Any state or county agency that takes an enforcement action pursuant to this chapter shall collect any applicable fines.

     (b)  Any fines collected pursuant to this chapter shall be expended by the applicable agency under subsection (a) for:

     (1)  Invasive species control projects;

     (2)  Wildfire prevention and response initiatives; or

     (3)  Community education and outreach on real property maintenance and environmental safety.

     §   -6  Other responsibilities and requirements.  Nothing in this chapter shall be construed to release any owner or lessee of real property from any other responsibility or requirement to maintain their real property pursuant to law, including section 339-5."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Real Property Maintenance; Neglect; Fines; Enforcement; State; Counties

Description:

Requires owners or lessees of real property to maintain their property and establish penalties for failure to do so.  Allows for exceptions.  Requires DOA to establish rules for the enforcement and collection of fines for violations relating to the proliferation of invasive species.  Requires the Office of the State Fire Marshal to adopt rules for the enforcement and collection of fines for violations relating to the prevention of wildfires and other public safety hazards.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to property maintenance.

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

     SECTION 1.  The legislature finds that neglected properties create environmental and public safety hazards, including serving as breeding grounds for invasive species, raising the risk of wildfires, and adversely affecting surrounding communities.  Addressing property neglect is essential to protect Hawaii's ecosystems, mitigate wildfire risks, and maintain the quality of life for residents.

     Therefore, the purpose of this Act is to require owners, lessees, or managers of real property to maintain their property and establish penalties for failure to do so.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

PROPERTY MAINTENANCE; NEGLECT; PENALTIES

     §   -1  Property maintenance; requirements.  Notwithstanding any law to the contrary, it shall be the responsibility of any owner, lessee, or manager of real property to ensure that their real property is regularly maintained to prevent:

     (1)  The proliferation of invasive species, including but not limited to plants, shrubs, grasses, or other vegetation that are known to spread aggressively and threaten native ecosystems;

     (2)  Conditions that raise the risk of wildfires, such as excessive accumulation of dry vegetation, debris, or other combustible materials; and

     (3)  Public safety hazards, including overgrowth of vegetation that obstructs pathways, roads, or access for emergency responders.

     §   -2  Penalties.  (a)  Any owner, lessee, or manager of real property whose property has been determined by the applicable state or county agency to pose environmental or public safety risks as set forth in section    -1 shall be issued a written notice of violation specifying the necessary corrective actions to be completed within a reasonable time limit, not to exceed thirty days.

     (b)  Failure to comply within the time limit pursuant to subsection (a) shall result in:

     (1)  A civil fine of no less than $1,000 and no more than $10,000 per violation;

     (2)  An additional fine of $100 per day for continued noncompliance by the owner, lessee, or manager of the real property beyond the initial notice period; and

     (3)  Requiring the reimbursement of costs incurred by the State or county for remediation efforts undertaken due to noncompliance by the owner, lessee, or manager of the real property.

     (c)  The penalties shall be levied against the owner, lessee, or manager of the real property, as applicable.

     §   -3  Exceptions.  Exceptions may be granted by the State or a county for:

     (1)  Real property that is under active restoration, conservation, or agricultural management plans approved by the State or county; or

     (2)  Circumstances deemed beyond the reasonable control of the owner, lessee, or manager of the real property, as determined by the applicable state or county agency.

     §   -4  Procedures for implementation of chapter.  (a)  The department of land and natural resources and department of health shall adopt rules pursuant to chapter 91 to implement this chapter, including procedures for inspection, enforcement, appeals, and the collection of fines.

     (b)  Each county shall adopt ordinances to implement this chapter, including procedures for inspection, enforcement, appeals, and the collection of fines.

     §   -5  Fines; purposes.  (a)  Any state or county agency that takes an enforcement action pursuant to this chapter shall collect any applicable fines.

     (b)  Any fines collected pursuant to this chapter shall be expended by the applicable agency under subsection (a) for:

     (1)  Invasive species control projects;

     (2)  Wildfire prevention and response initiatives; or

     (3)  Community education and outreach on property maintenance and environmental safety.

     §   -6  Other responsibilities and requirements.  Nothing in this chapter shall be construed to release any owner, lessee, or manager of real property from any other responsibility or requirement to maintain their real property pursuant to law, including section 339-5."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Property Maintenance; Neglect; Fines; Enforcement; State; Counties

Description:

Requires owners, lessees, or managers of real property to maintain their property and establish penalties for failure to do so.  Allows for exceptions.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  1147

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 175

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Finance, to which was referred H.B. No. 175, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PROPERTY MAINTENANCE,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Require owners or lessees of real property to maintain their property and establish penalties for failure to do so;

     (2)  Require the Department of Agriculture to adopt rules for the enforcement and collection of fines for violations relating to the proliferation of invasive species; and

     (3)  Require the Office of the State Fire Marshal to adopt rules for the enforcement and collection of fines for violations relating to the prevention of wildfires and other public safety hazards.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Maui Chamber of Commerce; Lāhainā Strong; and one individual.  Your Committee received comments on this measure from the Department of Agriculture; Building Owners and Managers Association of Hawaiʻi; and one individual.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 175, H.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Finance,

STAND. COM. REP. NO.  733

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 175

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 175, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PROPERTY MAINTENANCE,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Require owners or lessees of real property to maintain their property and establish penalties for failure to do so;

     (2)  Require the Department of Agriculture to establish rules for the enforcement and collection of fines for violations relating to the proliferation of invasive species; and

     (3)  Require the Office of the State Fire Marshal to adopt rules for the enforcement and collection of fines for violations relating to the prevention of wildfires and other public safety hazards.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Lāhainā Strong; Maui Chamber of Commerce; and numerous individuals.  Your Committee received comments on this measure from the Building Owners and Managers Association – Hawaiʻi and one individual.

     Your Committee finds that approximately one-quarter of land in the State is covered in flammable invasive grasses and shrubs, which puts the State at higher risk of wildfire than sixteen western states.  Your Committee further finds that approximately 94.4 percent of residences in the State are vulnerable to wildfires because their communities are within or adjacent too invasive or flammable grasses.  This measure addresses these concerns by requiring land owners to maintain their property or be subject to penalties.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 175, H.D. 1, and recommends that it be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  55

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 175

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred H.B. No. 175 entitled:

"A BILL FOR AN ACT RELATING TO PROPERTY MAINTENANCE,"

begs leave to report as follows:

     The purpose of this measure is to require owners, lessees, or managers of real property to maintain their property and establish penalties for failure to do so.

     Your Committee received testimony in support of this measure from one member of the Kaua‘i County Council and three individuals.  Your Committee received comments on this measure from the Department of Land and Natural Resources; Hawai‘i Association of REALTORS; and Maui Chamber of Commerce.

     Your Committee finds that neglected properties create environmental hazards, including serving as breeding grounds for invasive species and raising the risk for wildfires.  Your Committee believes that property owners and lessees have a duty to mitigate these risks by taking steps to prevent properties from falling into neglect.  This measure is intended to protect the State's ecosystem and reduce the risk of wildfires by requiring owners and lessees to maintain their properties.

     Your Committee has amended this measure by:

     (1)  Removing property managers from the list of persons subject to the requirements of this measure;

     (2)  Clarifying the property management requirements for preventing the proliferation of invasive species;

     (3)  Requiring the Department of Agriculture, rather than Department of Land and Natural Resources and Department of Health, to establish rules relating to inspection, enforcement, and the collection of fines and restricting the purview of the Department of Agriculture to violations relating to the proliferation of invasive species;

     (4)  Requiring the Office of the State Fire Marshal to establish rules relating to inspection, enforcement, and collection of fines for violations relating to the prevention of wildfires and other public safety hazards and authorizing the Office to delegate the inspection, enforcement, appeal, and collection of fines to the county fire departments;

     (5)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (6)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 175, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 175, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Water & Land,