HB 29: RELATING TO THE COUNTIES.

A BILL FOR AN ACT

RELATING TO THE COUNTIES.

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

     SECTION 1.  The legislature finds that public nuisances caused by uncaring or absent property owners can pose significant risks to public health, safety, and neighboring properties.  Chronically unaddressed hazards left by a resident threaten communities and compromise overall public welfare.

     The legislature further finds that despite the issuance of notices of violation and the imposition of punitive measures, some severe public nuisances persist without resolution.  Using the city and county of Honolulu as an example, public nuisance is defined under its ordinances and recent enforcement enhancements were made with ordinance 21-29.  This ordinance authorizes administrative liens on properties when civil fines exceed $150,000 or remain outstanding for over five years.  While these steps provide important tools, additional mechanisms at the state level are necessary to address situations where all other remedies fail to achieve compliance.

     The legislature additionally finds that non-judicial foreclosure for delinquent property taxes is already permitted.  Extending similar authority to address persistent public safety and health hazards aligns with the government's duty to protect the community from significant risks.  Providing counties with the ability to enforce public nuisance laws through foreclosure or other appropriate means as a last resort will safeguard residents and prevent widespread harm.

     The purpose of this Act is to authorize the counties to implement additional enforcement mechanisms to address severe public nuisances that remain unmitigated after the exhaustion of all other existing remedies.

     SECTION 2.  Section 46-1.5, Hawaii Revised Statutes, is amended to read as follows:

     "§46-1.5  General powers and limitation of the counties.  Subject to general law, each county shall have the following powers and shall be subject to the following liabilities and limitations:

     (1)  Each county shall have the power to frame and adopt a charter for its own self-government that shall establish the county executive, administrative, and legislative structure and organization, including but not limited to the method of appointment or election of officials, their duties, responsibilities, and compensation, and the terms of their office;

     (2)  Each county shall have the power to provide for and regulate the marking and lighting of all buildings and other structures that may be obstructions or hazards to aerial navigation, so far as may be necessary or proper for the protection and safeguarding of life, health, and property;

     (3)  Each county shall have the power to enforce all claims on behalf of the county and approve all lawful claims against the county, but shall be prohibited from entering into, granting, or making in any manner any contract, authorization, allowance payment, or liability contrary to the provisions of any county charter or general law;

     (4)  Each county shall have the power to make contracts and to do all things necessary and proper to carry into execution all powers vested in the county or any county officer;

     (5)  Each county shall have the power to:

          (A)  Maintain channels, whether natural or artificial, including their exits to the ocean, in suitable condition to carry off storm waters;

          (B)  Remove from the channels, and from the shores and beaches, any debris that is likely to create an unsanitary condition or become a public nuisance; provided that, to the extent any of the foregoing work is a private responsibility, the responsibility may be enforced by the county in lieu of the work being done at public expense;

          (C)  Construct, acquire by gift, purchase, or by the exercise of eminent domain, reconstruct, improve, better, extend, and maintain projects or undertakings for the control of and protection against floods and flood waters, including the power to drain and rehabilitate lands already flooded;

          (D)  Enact zoning ordinances providing that lands deemed subject to seasonable, periodic, or occasional flooding shall not be used for residence or other purposes in a manner as to endanger the health or safety of the occupants thereof, as required by the Federal Flood Insurance Act of 1956 (chapter 1025, Public Law 1016); and

          (E)  Establish and charge user fees to create and maintain any stormwater management system or infrastructure; provided that no county shall charge against or collect user fees from the department of transportation in excess of $1,500,000 in the aggregate per year; provided further that no services shall be denied to the department of transportation by reason of nonpayment of the fees;

     (6)  Each county shall have the power to exercise the power of condemnation by eminent domain when it is in the public interest to do so;

     (7)  Each county shall have the power to exercise regulatory powers over business activity as are assigned to them by chapter 445 or other general law;

     (8)  Each county shall have the power to fix the fees and charges for all official services not otherwise provided for;

     (9)  Each county shall have the power to provide by ordinance assessments for the improvement or maintenance of districts within the county;

    (10)  Except as otherwise provided, no county shall have the power to give or loan credit to, or in aid of, any person or corporation, directly or indirectly, except for a public purpose;

    (11)  Where not within the jurisdiction of the public utilities commission, each county shall have the power to regulate by ordinance the operation of motor vehicle common carriers transporting passengers within the county and adopt and amend rules the county deems necessary for the public convenience and necessity;

    (12)  Each county shall have the power to enact and enforce ordinances necessary to prevent or summarily remove public nuisances and to compel the clearing or removal of any public nuisance, refuse, and uncultivated undergrowth from streets, sidewalks, public places, and unoccupied lots.  In connection with these powers, each county may impose and enforce liens upon the property for the cost to the county of removing and completing the necessary work where the property owners fail, after reasonable notice, to comply with the ordinances.  The authority provided by this paragraph shall not be self-executing, but shall become fully effective within a county only upon the enactment or adoption by the county of appropriate and particular laws, ordinances, or rules defining "public nuisances" with respect to each county's respective circumstances.  The counties shall provide the property owner with the opportunity to contest the summary action and to recover the owner's property; provided that after enactment or adoption by the county of appropriate and particular laws, ordinances, or rules, a county may proceed with a power of sale of the property pursuant to chapter 667 after all notices, orders, and appeal proceedings are exhausted;

    (13)  Each county shall have the power to enact ordinances deemed necessary to protect health, life, and property, and to preserve the order and security of the county and its inhabitants on any subject or matter not inconsistent with, or tending to defeat, the intent of any state statute where the statute does not disclose an express or implied intent that the statute shall be exclusive or uniform throughout the State;

    (14)  Each county shall have the power to:

          (A)  Make and enforce within the limits of the county all necessary ordinances covering all:

              (i)  Local police matters;

             (ii)  Matters of sanitation;

            (iii)  Matters of inspection of buildings;

             (iv)  Matters of condemnation of unsafe structures, plumbing, sewers, dairies, milk, fish, and morgues; and

              (v)  Matters of the collection and disposition of rubbish and garbage;

          (B)  Provide exemptions for homeless facilities and any other program for the homeless authorized by part XVII of chapter 346, for all matters under this paragraph;

          (C)  Appoint county physicians and sanitary and other inspectors as necessary to carry into effect ordinances made under this paragraph, who shall have the same power as given by law to agents of the department of health, subject only to limitations placed on them by the terms and conditions of their appointments; and

          (D)  Fix a penalty for the violation of any ordinance, which penalty may be a misdemeanor, petty misdemeanor, or violation as defined by general law;

    (15)  Each county shall have the power to provide public pounds; to regulate the impounding of stray animals and fowl, and their disposition; and to provide for the appointment, powers, duties, and fees of animal control officers;

    (16)  Each county shall have the power to purchase and otherwise acquire, lease, and hold real and personal property within the defined boundaries of the county and to dispose of the real and personal property as the interests of the inhabitants of the county may require[, except]; provided that:

          (A)  Any property held for school purposes [may] shall not be disposed of without the consent of the superintendent of education;

          (B)  No property bordering the ocean shall be sold or otherwise disposed of; and

          (C)  All proceeds from the sale of park lands shall be expended only for the acquisition of property for park or recreational purposes;

    (17)  Each county shall have the power to provide by charter for the prosecution of all offenses and to prosecute for offenses against the laws of the State under the authority of the attorney general of the State;

    (18)  Each county shall have the power to make appropriations in amounts deemed appropriate from any moneys in the treasury, for the purpose of:

          (A)  Community promotion and public celebrations;

          (B)  The entertainment of distinguished persons as may from time to time visit the county;

          (C)  The entertainment of other distinguished persons, as well as, public officials when deemed to be in the best interest of the community; and

          (D)  The rendering of civic tribute to individuals who, by virtue of their accomplishments and community service, merit civic commendations, recognition, or remembrance;

    (19)  Each county shall have the power to:

          (A)  Construct, purchase, take on lease, lease, sublease, or in any other manner acquire, manage, maintain, or dispose of buildings for county purposes, sewers, sewer systems, pumping stations, waterworks, including reservoirs, wells, pipelines, and other conduits for distributing water to the public, lighting plants, and apparatus and appliances for lighting streets and public buildings, and manage, regulate, and control the same;

          (B)  Regulate and control the location and quality of all appliances necessary to the furnishing of water, heat, light, power, telephone, and telecommunications service to the county;

          (C)  Acquire, regulate, and control any and all appliances for the sprinkling and cleaning of the streets and the public ways, and for flushing the sewers; and

          (D)  Open, close, construct, or maintain county highways or charge toll on county highways; provided that all revenues received from a toll charge shall be used for the construction or maintenance of county highways;

    (20)  Each county shall have the power to regulate the renting, subletting, and rental conditions of property for places of abode by ordinance;

    (21)  Unless otherwise provided by law, each county shall have the power to establish by ordinance the order of succession of county officials in the event of a military or civil disaster;

    (22)  Each county shall have the power to sue and be sued in its corporate name;

    (23)  Each county shall have the power to:

          (A)  Establish and maintain waterworks and sewer works;

          (B)  Implement a sewer monitoring program that includes the inspection of sewer laterals that connect to county sewers, when those laterals are located on public or private property, after providing a property owner [not] no less than ten calendar days' written notice, to detect leaks from laterals, infiltration, and inflow, any other law to the contrary notwithstanding;

          (C)  Compel an owner of private property upon which is located any sewer lateral that connects to a county sewer to inspect that lateral for leaks, infiltration, and inflow and to perform repairs as necessary;

          (D)  Collect rates for water supplied to consumers and for the use of sewers;

          (E)  Install water meters whenever deemed expedient; provided that owners of premises having vested water rights under existing laws appurtenant to the premises shall not be charged for the installation or use of the water meters on the premises; and

          (F)  Take over from the State existing waterworks systems, including water rights, pipelines, and other appurtenances belonging thereto, and sewer systems, and to enlarge, develop, and improve the same[; and].

        [(G)]  For purposes of [subparagraphs (B) and (C):] this paragraph:

            [(i)]  "Infiltration" means groundwater, rainwater, and saltwater that enters the county sewer system through cracked, broken, or defective sewer laterals[; and].

           [(ii)]  "Inflow" means non-sewage entering the county sewer system via inappropriate or illegal connections;

     (24) (A)  Each county may impose civil fines, in addition to criminal penalties, for any violation of county ordinances or rules after reasonable notice and requests to correct or cease the violation have been made upon the violator.  Any administratively imposed civil fine shall not be collected until after an opportunity for a hearing under chapter 91.  Any appeal shall be filed within thirty days from the date of the final written decision.  These proceedings shall not be a prerequisite for any civil fine or injunctive relief ordered by the circuit court;

          (B)  Each county by ordinance may provide for the addition of any unpaid civil fines, ordered by any court of competent jurisdiction, to any taxes, fees, or charges, with the exception of fees or charges for water for residential use and sewer charges, collected by the county.  Each county by ordinance may also provide for the addition of any unpaid administratively imposed civil fines, which remain due after all judicial review rights under section 91-14 are exhausted, to any taxes, fees, or charges, with the exception of water for residential use and sewer charges, collected by the county.  The ordinance shall specify the administrative procedures for the addition of the unpaid civil fines to the eligible taxes, fees, or charges and may require hearings or other proceedings.  After addition of the unpaid civil fines to the taxes, fees, or charges, the unpaid civil fines shall not become a part of any taxes, fees, or charges.  The county by ordinance may condition the issuance or renewal of a license, approval, or permit for which a fee or charge is assessed, except for water for residential use and sewer charges, on payment of the unpaid civil fines.  Upon recordation of a notice of unpaid civil fines in the bureau of conveyances, the amount of the civil fines, including any increase in the amount of the fine [which] that the county may assess, shall constitute a lien upon all real property or rights to real property belonging to any person liable for the unpaid civil fines.  The lien in favor of the county shall be subordinate to any lien in favor of any person recorded or registered [prior to] before the recordation of the notice of unpaid civil fines and senior to any lien recorded or registered after the recordation of the notice.  The lien shall continue until the unpaid civil fines are paid in full or until a certificate of release or partial release of the lien, prepared by the county at the owner's expense, is recorded.  The notice of unpaid civil fines shall state the amount of the fine as of the date of the notice and maximum permissible daily increase of the fine.  The county shall not be required to include a social security number, state general excise taxpayer identification number, or federal employer identification number on the notice.  Recordation of the notice in the bureau of conveyances shall be deemed, at [such] that time, for all purposes and without any further action, to procure a lien on land registered in land court under chapter 501.  After the unpaid civil fines are added to the taxes, fees, or charges as specified by county ordinance, the unpaid civil fines shall be deemed immediately due, owing, and delinquent and may be collected in any lawful manner.  The procedure for collection of unpaid civil fines authorized in this paragraph shall be in addition to any other procedures for collection available to the State and county by law or rules of the courts;

          (C)  Each county may impose civil fines upon any person who places graffiti on any real or personal property owned, managed, or maintained by the county.  The fine may be up to $1,000 or may be equal to the actual cost of having the damaged property repaired or replaced.  The parent or guardian having custody of a minor who places graffiti on any real or personal property owned, managed, or maintained by the county shall be jointly and severally liable with the minor for any civil fines imposed hereunder.  [Any such] The fine may be administratively imposed after an opportunity for a hearing under chapter 91, but [such a] the proceeding shall not be a prerequisite for any civil fine ordered by any court.  As used in this subparagraph, "graffiti" means any unauthorized drawing, inscription, figure, or mark of any type intentionally created by paint, ink, chalk, dye, or similar substances;

          (D)  At the completion of an appeal in which the county's enforcement action is affirmed and upon correction of the violation if requested by the violator, the case shall be reviewed by the county agency that imposed the civil fines to determine the appropriateness of the amount of the civil fines that accrued while the appeal proceedings were pending.  In its review of the amount of the accrued fines, the county agency may consider:

              (i)  The nature and egregiousness of the violation;

             (ii)  The duration of the violation;

            (iii)  The number of recurring and other similar violations;

             (iv)  Any effort taken by the violator to correct the violation;

              (v)  The degree of involvement in causing or continuing the violation;

             (vi)  Reasons for any delay in the completion of the appeal; and

            (vii)  Other extenuating circumstances.

              The civil fine that is imposed by administrative order after this review is completed and the violation is corrected shall be subject to judicial review, notwithstanding any provisions for administrative review in county charters;

          (E)  After completion of a review of the amount of accrued civil fine by the county agency that imposed the fine, the amount of the civil fine determined appropriate, including both the initial civil fine and any accrued daily civil fine, shall immediately become due and collectible following reasonable notice to the violator.  If no review of the accrued civil fine is requested, the amount of the civil fine, not to exceed the total accrual of civil fine [prior to] before correcting the violation, shall immediately become due and collectible following reasonable notice to the violator, at the completion of all appeal proceedings; [and]

          (F)  If no county agency exists to conduct appeal proceedings for a particular civil fine action taken by the county, then one shall be established by ordinance before the county shall impose the civil fine; and

          (G)  After all notices, orders, and appeal proceedings are exhausted, a county may satisfy all unpaid civil fines through the power of sale on the real property subject to a recorded lien; provided that upon the sale of a property, any amount received in excess of the unpaid civil fines shall be paid to the property owner.  A power of sale shall become fully effective within a county upon the enactment or adoption by the county of appropriate and particular laws, ordinances, or rules establishing the use of power of sale pursuant to chapter 667;

    (25)  Any law to the contrary notwithstanding, any county mayor, by executive order, may exempt donors, provider agencies, homeless facilities, and any other program for the homeless under part XVII of chapter 346 from real property taxes, water and sewer development fees, rates collected for water supplied to consumers and for use of sewers, and any other county taxes, charges, or fees; provided that any county may enact ordinances to regulate and grant the exemptions granted by this paragraph;

    (26)  Any county may establish a captive insurance company pursuant to article 19, chapter 431; and

    (27)  Each county shall have the power to enact and enforce ordinances regulating towing operations."

     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, 3000.

Report Title:

Counties; Civil Fines; Real Property; Power of Sale

Description:

Authorizes counties, after adoption of power of sale laws, ordinances, or rules, to sell private property after all notices, orders, and appeal proceedings are exhausted, and to use those revenues to pay unpaid civil fines related to that property.  Requires the county to remit any amounts in excess of the unpaid civil fines to the property owner.  Effective 7/1/3000.  (HD2)

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 THE COUNTIES.

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

     SECTION 1.  The legislature finds that public nuisances caused by uncaring or absent property owners can pose significant risks to public health, safety, and neighboring properties.  Chronically unaddressed hazards left by a resident threaten communities and compromise overall public welfare.

     The legislature further finds that despite the issuance of notices of violation and the imposition of punitive measures, some severe public nuisances persist without resolution.  Using the city and county of Honolulu as an example, public nuisance is defined under its ordinances and recent enforcement enhancements were made with ordinance 21-29.  This ordinance authorizes administrative liens on properties when civil fines exceed $150,000 or remain outstanding for over five years.  While these steps provide important tools, additional mechanisms at the state level are necessary to address situations where all other remedies fail to achieve compliance.

     The legislature additionally finds that non-judicial foreclosure for delinquent property taxes is already permitted.  Extending similar authority to address persistent public safety and health hazards aligns with the government's duty to protect the community from significant risks.  Providing counties with the ability to enforce public nuisance laws through foreclosure or other appropriate means as a last resort will safeguard residents and prevent widespread harm.

     The purpose of this Act is to authorize the counties to implement additional enforcement mechanisms to address severe public nuisances that remain unmitigated after the exhaustion of all other existing remedies.

     SECTION 2.  Section 46-1.5, Hawaii Revised Statutes, is amended to read as follows:

     "§46-1.5  General powers and limitation of the counties.  Subject to general law, each county shall have the following powers and shall be subject to the following liabilities and limitations:

     (1)  Each county shall have the power to frame and adopt a charter for its own self-government that shall establish the county executive, administrative, and legislative structure and organization, including but not limited to the method of appointment or election of officials, their duties, responsibilities, and compensation, and the terms of their office;

     (2)  Each county shall have the power to provide for and regulate the marking and lighting of all buildings and other structures that may be obstructions or hazards to aerial navigation, so far as may be necessary or proper for the protection and safeguarding of life, health, and property;

     (3)  Each county shall have the power to enforce all claims on behalf of the county and approve all lawful claims against the county, but shall be prohibited from entering into, granting, or making in any manner any contract, authorization, allowance payment, or liability contrary to the provisions of any county charter or general law;

     (4)  Each county shall have the power to make contracts and to do all things necessary and proper to carry into execution all powers vested in the county or any county officer;

     (5)  Each county shall have the power to:

          (A)  Maintain channels, whether natural or artificial, including their exits to the ocean, in suitable condition to carry off storm waters;

          (B)  Remove from the channels, and from the shores and beaches, any debris that is likely to create an unsanitary condition or become a public nuisance; provided that, to the extent any of the foregoing work is a private responsibility, the responsibility may be enforced by the county in lieu of the work being done at public expense;

          (C)  Construct, acquire by gift, purchase, or by the exercise of eminent domain, reconstruct, improve, better, extend, and maintain projects or undertakings for the control of and protection against floods and flood waters, including the power to drain and rehabilitate lands already flooded;

          (D)  Enact zoning ordinances providing that lands deemed subject to seasonable, periodic, or occasional flooding shall not be used for residence or other purposes in a manner as to endanger the health or safety of the occupants thereof, as required by the Federal Flood Insurance Act of 1956 (chapter 1025, Public Law 1016); and

          (E)  Establish and charge user fees to create and maintain any stormwater management system or infrastructure; provided that no county shall charge against or collect user fees from the department of transportation in excess of $1,500,000 in the aggregate per year; provided further that no services shall be denied to the department of transportation by reason of nonpayment of the fees;

     (6)  Each county shall have the power to exercise the power of condemnation by eminent domain when it is in the public interest to do so;

     (7)  Each county shall have the power to exercise regulatory powers over business activity as are assigned to them by chapter 445 or other general law;

     (8)  Each county shall have the power to fix the fees and charges for all official services not otherwise provided for;

     (9)  Each county shall have the power to provide by ordinance assessments for the improvement or maintenance of districts within the county;

    (10)  Except as otherwise provided, no county shall have the power to give or loan credit to, or in aid of, any person or corporation, directly or indirectly, except for a public purpose;

    (11)  Where not within the jurisdiction of the public utilities commission, each county shall have the power to regulate by ordinance the operation of motor vehicle common carriers transporting passengers within the county and adopt and amend rules the county deems necessary for the public convenience and necessity;

    (12)  Each county shall have the power to enact and enforce ordinances necessary to prevent or summarily remove public nuisances and to compel the clearing or removal of any public nuisance, refuse, and uncultivated undergrowth from streets, sidewalks, public places, and unoccupied lots.  In connection with these powers, each county may impose and enforce liens upon the property for the cost to the county of removing and completing the necessary work where the property owners fail, after reasonable notice, to comply with the ordinances.  The authority provided by this paragraph shall not be self-executing, but shall become fully effective within a county only upon the enactment or adoption by the county of appropriate and particular laws, ordinances, or rules defining "public nuisances" with respect to each county's respective circumstances.  The counties shall provide the property owner with the opportunity to contest the summary action and to recover the owner's property; provided that after enactment or adoption by the county of appropriate and particular laws, ordinances, or rules, a county may proceed with a power of sale of the property after all notices, orders, and appeal proceedings are exhausted;

    (13)  Each county shall have the power to enact ordinances deemed necessary to protect health, life, and property, and to preserve the order and security of the county and its inhabitants on any subject or matter not inconsistent with, or tending to defeat, the intent of any state statute where the statute does not disclose an express or implied intent that the statute shall be exclusive or uniform throughout the State;

    (14)  Each county shall have the power to:

          (A)  Make and enforce within the limits of the county all necessary ordinances covering all:

              (i)  Local police matters;

             (ii)  Matters of sanitation;

            (iii)  Matters of inspection of buildings;

             (iv)  Matters of condemnation of unsafe structures, plumbing, sewers, dairies, milk, fish, and morgues; and

              (v)  Matters of the collection and disposition of rubbish and garbage;

          (B)  Provide exemptions for homeless facilities and any other program for the homeless authorized by part XVII of chapter 346, for all matters under this paragraph;

          (C)  Appoint county physicians and sanitary and other inspectors as necessary to carry into effect ordinances made under this paragraph, who shall have the same power as given by law to agents of the department of health, subject only to limitations placed on them by the terms and conditions of their appointments; and

          (D)  Fix a penalty for the violation of any ordinance, which penalty may be a misdemeanor, petty misdemeanor, or violation as defined by general law;

    (15)  Each county shall have the power to provide public pounds; to regulate the impounding of stray animals and fowl, and their disposition; and to provide for the appointment, powers, duties, and fees of animal control officers;

    (16)  Each county shall have the power to purchase and otherwise acquire, lease, and hold real and personal property within the defined boundaries of the county and to dispose of the real and personal property as the interests of the inhabitants of the county may require, except that:

          (A)  Any property held for school purposes may not be disposed of without the consent of the superintendent of education;

          (B)  No property bordering the ocean shall be sold or otherwise disposed of; and

          (C)  All proceeds from the sale of park lands shall be expended only for the acquisition of property for park or recreational purposes;

    (17)  Each county shall have the power to provide by charter for the prosecution of all offenses and to prosecute for offenses against the laws of the State under the authority of the attorney general of the State;

    (18)  Each county shall have the power to make appropriations in amounts deemed appropriate from any moneys in the treasury, for the purpose of:

          (A)  Community promotion and public celebrations;

          (B)  The entertainment of distinguished persons as may from time to time visit the county;

          (C)  The entertainment of other distinguished persons, as well as, public officials when deemed to be in the best interest of the community; and

          (D)  The rendering of civic tribute to individuals who, by virtue of their accomplishments and community service, merit civic commendations, recognition, or remembrance;

    (19)  Each county shall have the power to:

          (A)  Construct, purchase, take on lease, lease, sublease, or in any other manner acquire, manage, maintain, or dispose of buildings for county purposes, sewers, sewer systems, pumping stations, waterworks, including reservoirs, wells, pipelines, and other conduits for distributing water to the public, lighting plants, and apparatus and appliances for lighting streets and public buildings, and manage, regulate, and control the same;

          (B)  Regulate and control the location and quality of all appliances necessary to the furnishing of water, heat, light, power, telephone, and telecommunications service to the county;

          (C)  Acquire, regulate, and control any and all appliances for the sprinkling and cleaning of the streets and the public ways, and for flushing the sewers; and

          (D)  Open, close, construct, or maintain county highways or charge toll on county highways; provided that all revenues received from a toll charge shall be used for the construction or maintenance of county highways;

    (20)  Each county shall have the power to regulate the renting, subletting, and rental conditions of property for places of abode by ordinance;

    (21)  Unless otherwise provided by law, each county shall have the power to establish by ordinance the order of succession of county officials in the event of a military or civil disaster;

    (22)  Each county shall have the power to sue and be sued in its corporate name;

    (23)  Each county shall have the power to:

          (A)  Establish and maintain waterworks and sewer works;

          (B)  Implement a sewer monitoring program that includes the inspection of sewer laterals that connect to county sewers, when those laterals are located on public or private property, after providing a property owner not less than ten calendar days' written notice, to detect leaks from laterals, infiltration, and inflow, any other law to the contrary notwithstanding;

          (C)  Compel an owner of private property upon which is located any sewer lateral that connects to a county sewer to inspect that lateral for leaks, infiltration, and inflow and to perform repairs as necessary;

          (D)  Collect rates for water supplied to consumers and for the use of sewers;

          (E)  Install water meters whenever deemed expedient; provided that owners of premises having vested water rights under existing laws appurtenant to the premises shall not be charged for the installation or use of the water meters on the premises;

          (F)  Take over from the State existing waterworks systems, including water rights, pipelines, and other appurtenances belonging thereto, and sewer systems, and to enlarge, develop, and improve the same; and

          (G)  For purposes of subparagraphs (B) and (C):

              (i)  "Infiltration" means groundwater, rainwater, and saltwater that enters the county sewer system through cracked, broken, or defective sewer laterals; and

             (ii)  "Inflow" means non-sewage entering the county sewer system via inappropriate or illegal connections;

     (24) (A)  Each county may impose civil fines, in addition to criminal penalties, for any violation of county ordinances or rules after reasonable notice and requests to correct or cease the violation have been made upon the violator.  Any administratively imposed civil fine shall not be collected until after an opportunity for a hearing under chapter 91.  Any appeal shall be filed within thirty days from the date of the final written decision.  These proceedings shall not be a prerequisite for any civil fine or injunctive relief ordered by the circuit court;

          (B)  Each county by ordinance may provide for the addition of any unpaid civil fines, ordered by any court of competent jurisdiction, to any taxes, fees, or charges, with the exception of fees or charges for water for residential use and sewer charges, collected by the county.  Each county by ordinance may also provide for the addition of any unpaid administratively imposed civil fines, which remain due after all judicial review rights under section 91-14 are exhausted, to any taxes, fees, or charges, with the exception of water for residential use and sewer charges, collected by the county.  The ordinance shall specify the administrative procedures for the addition of the unpaid civil fines to the eligible taxes, fees, or charges and may require hearings or other proceedings.  After addition of the unpaid civil fines to the taxes, fees, or charges, the unpaid civil fines shall not become a part of any taxes, fees, or charges.  The county by ordinance may condition the issuance or renewal of a license, approval, or permit for which a fee or charge is assessed, except for water for residential use and sewer charges, on payment of the unpaid civil fines.  Upon recordation of a notice of unpaid civil fines in the bureau of conveyances, the amount of the civil fines, including any increase in the amount of the fine which the county may assess, shall constitute a lien upon all real property or rights to real property belonging to any person liable for the unpaid civil fines.  The lien in favor of the county shall be subordinate to any lien in favor of any person recorded or registered prior to the recordation of the notice of unpaid civil fines and senior to any lien recorded or registered after the recordation of the notice.  The lien shall continue until the unpaid civil fines are paid in full or until a certificate of release or partial release of the lien, prepared by the county at the owner's expense, is recorded.  The notice of unpaid civil fines shall state the amount of the fine as of the date of the notice and maximum permissible daily increase of the fine.  The county shall not be required to include a social security number, state general excise taxpayer identification number, or federal employer identification number on the notice.  Recordation of the notice in the bureau of conveyances shall be deemed, at [such] that time, for all purposes and without any further action, to procure a lien on land registered in land court under chapter 501.  After the unpaid civil fines are added to the taxes, fees, or charges as specified by county ordinance, the unpaid civil fines shall be deemed immediately due, owing, and delinquent and may be collected in any lawful manner.  The procedure for collection of unpaid civil fines authorized in this paragraph shall be in addition to any other procedures for collection available to the State and county by law or rules of the courts;

          (C)  Each county may impose civil fines upon any person who places graffiti on any real or personal property owned, managed, or maintained by the county.  The fine may be up to $1,000 or may be equal to the actual cost of having the damaged property repaired or replaced.  The parent or guardian having custody of a minor who places graffiti on any real or personal property owned, managed, or maintained by the county shall be jointly and severally liable with the minor for any civil fines imposed hereunder.  Any [such] fine may be administratively imposed after an opportunity for a hearing under chapter 91, but [such] a proceeding shall not be a prerequisite for any civil fine ordered by any court.  As used in this subparagraph, "graffiti" means any unauthorized drawing, inscription, figure, or mark of any type intentionally created by paint, ink, chalk, dye, or similar substances;

          (D)  At the completion of an appeal in which the county's enforcement action is affirmed and upon correction of the violation if requested by the violator, the case shall be reviewed by the county agency that imposed the civil fines to determine the appropriateness of the amount of the civil fines that accrued while the appeal proceedings were pending.  In its review of the amount of the accrued fines, the county agency may consider:

              (i)  The nature and egregiousness of the violation;

             (ii)  The duration of the violation;

            (iii)  The number of recurring and other similar violations;

             (iv)  Any effort taken by the violator to correct the violation;

              (v)  The degree of involvement in causing or continuing the violation;

             (vi)  Reasons for any delay in the completion of the appeal; and

            (vii)  Other extenuating circumstances.

              The civil fine that is imposed by administrative order after this review is completed and the violation is corrected shall be subject to judicial review, notwithstanding any provisions for administrative review in county charters;

          (E)  After completion of a review of the amount of accrued civil fine by the county agency that imposed the fine, the amount of the civil fine determined appropriate, including both the initial civil fine and any accrued daily civil fine, shall immediately become due and collectible following reasonable notice to the violator.  If no review of the accrued civil fine is requested, the amount of the civil fine, not to exceed the total accrual of civil fine prior to correcting the violation, shall immediately become due and collectible following reasonable notice to the violator, at the completion of all appeal proceedings; [and]

          (F)  If no county agency exists to conduct appeal proceedings for a particular civil fine action taken by the county, then one shall be established by ordinance before the county shall impose the civil fine; and

          (G)  After all notices, orders, and appeal proceedings are exhausted, a county may satisfy all unpaid civil fines through the power of sale on the real property subject to a recorded lien; provided that upon the sale of a property, any amount received in excess of the unpaid civil fines shall be paid to the property owner.  A power of sale shall become fully effective within a county upon the enactment or adoption by the county of appropriate and particular laws, ordinances, or rules establishing the power of sale;

    (25)  Any law to the contrary notwithstanding, any county mayor, by executive order, may exempt donors, provider agencies, homeless facilities, and any other program for the homeless under part XVII of chapter 346 from real property taxes, water and sewer development fees, rates collected for water supplied to consumers and for use of sewers, and any other county taxes, charges, or fees; provided that any county may enact ordinances to regulate and grant the exemptions granted by this paragraph;

    (26)  Any county may establish a captive insurance company pursuant to article 19, chapter 431; and

    (27)  Each county shall have the power to enact and enforce ordinances regulating towing operations."

     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, 3000.

Report Title:

Counties; Civil Fines; Real Property; Power of Sale

Description:

Authorizes counties, after adoption of an ordinance, to sell private property after all notices, orders, and appeal proceedings are exhausted, and to use those revenues to pay unpaid civil fines related to that property.  Requires the county to remit any amounts in excess of the unpaid civil fines to the property owner.  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 the counties.

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

     SECTION 1.  The legislature finds that public nuisances caused by uncaring or absent property owners can pose significant risks to public health, safety, and neighboring properties.  Chronically unaddressed hazards left by a resident threaten communities and compromise overall public welfare.

     The legislature further finds that despite the issuance of notices of violation and the imposition of punitive measures, some severe public nuisances persist without resolution.  Using the city and county of Honolulu as an example, public nuisance is defined under its ordinances and recent enforcement enhancements were made with ordinance 21-29.  This ordinance authorizes administrative liens on properties when civil fines exceed $150,000 or remain outstanding for over five years.  While these steps provide important tools, additional mechanisms at the state level are necessary to address situations where all other remedies fail to achieve compliance.

     The legislature additionally finds that non-judicial foreclosure for delinquent property taxes is already permitted.  Extending similar authority to address persistent public safety and health hazards aligns with the government's duty to protect the community from significant risks.  Providing counties with the ability to enforce public nuisance laws through foreclosure or other appropriate means as a last resort will safeguard residents and prevent widespread harm.

     The purpose of this Act is to authorize counties to implement additional enforcement mechanisms to address severe public nuisances that remain unmitigated despite the exhaustion of existing remedies.

     SECTION 2.  Section 46-1.5, Hawaii Revised Statutes, is amended to read as follows:

     "§46-1.5  General powers and limitation of the counties.  Subject to general law, each county shall have the following powers and shall be subject to the following liabilities and limitations:

     (1)  Each county shall have the power to frame and adopt a charter for its own self-government that shall establish the county executive, administrative, and legislative structure and organization, including but not limited to the method of appointment or election of officials, their duties, responsibilities, and compensation, and the terms of their office;

     (2)  Each county shall have the power to provide for and regulate the marking and lighting of all buildings and other structures that may be obstructions or hazards to aerial navigation, so far as may be necessary or proper for the protection and safeguarding of life, health, and property;

     (3)  Each county shall have the power to enforce all claims on behalf of the county and approve all lawful claims against the county, but shall be prohibited from entering into, granting, or making in any manner any contract, authorization, allowance payment, or liability contrary to the provisions of any county charter or general law;

     (4)  Each county shall have the power to make contracts and to do all things necessary and proper to carry into execution all powers vested in the county or any county officer;

     (5)  Each county shall have the power to:

          (A)  Maintain channels, whether natural or artificial, including their exits to the ocean, in suitable condition to carry off storm waters;

          (B)  Remove from the channels, and from the shores and beaches, any debris that is likely to create an unsanitary condition or become a public nuisance; provided that, to the extent any of the foregoing work is a private responsibility, the responsibility may be enforced by the county in lieu of the work being done at public expense;

          (C)  Construct, acquire by gift, purchase, or by the exercise of eminent domain, reconstruct, improve, better, extend, and maintain projects or undertakings for the control of and protection against floods and flood waters, including the power to drain and rehabilitate lands already flooded;

          (D)  Enact zoning ordinances providing that lands deemed subject to seasonable, periodic, or occasional flooding shall not be used for residence or other purposes in a manner as to endanger the health or safety of the occupants thereof, as required by the Federal Flood Insurance Act of 1956 (chapter 1025, Public Law 1016); and

          (E)  Establish and charge user fees to create and maintain any stormwater management system or infrastructure; provided that no county shall charge against or collect user fees from the department of transportation in excess of $1,500,000 in the aggregate per year; provided further that no services shall be denied to the department of transportation by reason of nonpayment of the fees;

     (6)  Each county shall have the power to exercise the power of condemnation by eminent domain when it is in the public interest to do so;

     (7)  Each county shall have the power to exercise regulatory powers over business activity as are assigned to them by chapter 445 or other general law;

     (8)  Each county shall have the power to fix the fees and charges for all official services not otherwise provided for;

     (9)  Each county shall have the power to provide by ordinance assessments for the improvement or maintenance of districts within the county;

    (10)  Except as otherwise provided, no county shall have the power to give or loan credit to, or in aid of, any person or corporation, directly or indirectly, except for a public purpose;

    (11)  Where not within the jurisdiction of the public utilities commission, each county shall have the power to regulate by ordinance the operation of motor vehicle common carriers transporting passengers within the county and adopt and amend rules the county deems necessary for the public convenience and necessity;

    (12)  Each county shall have the power to enact and enforce ordinances necessary to prevent or summarily remove public nuisances and to compel the clearing or removal of any public nuisance, refuse, and uncultivated undergrowth from streets, sidewalks, public places, and unoccupied lots.  In connection with these powers, each county may impose and enforce liens upon the property for the cost to the county of removing and completing the necessary work where the property owners fail, after reasonable notice, to comply with the ordinances.  The authority provided by this paragraph shall not be self-executing, but shall become fully effective within a county only upon the enactment or adoption by the county of appropriate and particular laws, ordinances, or rules defining "public nuisances" with respect to each county's respective circumstances.  The counties shall provide the property owner with the opportunity to contest the summary action and to recover the owner's property; provided that a county may proceed with a power of sale of the property after all notices, orders, and appeal proceedings are exhausted;

    (13)  Each county shall have the power to enact ordinances deemed necessary to protect health, life, and property, and to preserve the order and security of the county and its inhabitants on any subject or matter not inconsistent with, or tending to defeat, the intent of any state statute where the statute does not disclose an express or implied intent that the statute shall be exclusive or uniform throughout the State;

    (14)  Each county shall have the power to:

          (A)  Make and enforce within the limits of the county all necessary ordinances covering all:

              (i)  Local police matters;

             (ii)  Matters of sanitation;

            (iii)  Matters of inspection of buildings;

             (iv)  Matters of condemnation of unsafe structures, plumbing, sewers, dairies, milk, fish, and morgues; and

              (v)  Matters of the collection and disposition of rubbish and garbage;

          (B)  Provide exemptions for homeless facilities and any other program for the homeless authorized by part XVII of chapter 346, for all matters under this paragraph;

          (C)  Appoint county physicians and sanitary and other inspectors as necessary to carry into effect ordinances made under this paragraph, who shall have the same power as given by law to agents of the department of health, subject only to limitations placed on them by the terms and conditions of their appointments; and

          (D)  Fix a penalty for the violation of any ordinance, which penalty may be a misdemeanor, petty misdemeanor, or violation as defined by general law;

    (15)  Each county shall have the power to provide public pounds; to regulate the impounding of stray animals and fowl, and their disposition; and to provide for the appointment, powers, duties, and fees of animal control officers;

    (16)  Each county shall have the power to purchase and otherwise acquire, lease, and hold real and personal property within the defined boundaries of the county and to dispose of the real and personal property as the interests of the inhabitants of the county may require, except that:

          (A)  Any property held for school purposes may not be disposed of without the consent of the superintendent of education;

          (B)  No property bordering the ocean shall be sold or otherwise disposed of; and

          (C)  All proceeds from the sale of park lands shall be expended only for the acquisition of property for park or recreational purposes;

    (17)  Each county shall have the power to provide by charter for the prosecution of all offenses and to prosecute for offenses against the laws of the State under the authority of the attorney general of the State;

    (18)  Each county shall have the power to make appropriations in amounts deemed appropriate from any moneys in the treasury, for the purpose of:

          (A)  Community promotion and public celebrations;

          (B)  The entertainment of distinguished persons as may from time to time visit the county;

          (C)  The entertainment of other distinguished persons, as well as, public officials when deemed to be in the best interest of the community; and

          (D)  The rendering of civic tribute to individuals who, by virtue of their accomplishments and community service, merit civic commendations, recognition, or remembrance;

    (19)  Each county shall have the power to:

          (A)  Construct, purchase, take on lease, lease, sublease, or in any other manner acquire, manage, maintain, or dispose of buildings for county purposes, sewers, sewer systems, pumping stations, waterworks, including reservoirs, wells, pipelines, and other conduits for distributing water to the public, lighting plants, and apparatus and appliances for lighting streets and public buildings, and manage, regulate, and control the same;

          (B)  Regulate and control the location and quality of all appliances necessary to the furnishing of water, heat, light, power, telephone, and telecommunications service to the county;

          (C)  Acquire, regulate, and control any and all appliances for the sprinkling and cleaning of the streets and the public ways, and for flushing the sewers; and

          (D)  Open, close, construct, or maintain county highways or charge toll on county highways; provided that all revenues received from a toll charge shall be used for the construction or maintenance of county highways;

    (20)  Each county shall have the power to regulate the renting, subletting, and rental conditions of property for places of abode by ordinance;

    (21)  Unless otherwise provided by law, each county shall have the power to establish by ordinance the order of succession of county officials in the event of a military or civil disaster;

    (22)  Each county shall have the power to sue and be sued in its corporate name;

    (23)  Each county shall have the power to:

          (A)  Establish and maintain waterworks and sewer works;

          (B)  Implement a sewer monitoring program that includes the inspection of sewer laterals that connect to county sewers, when those laterals are located on public or private property, after providing a property owner not less than ten calendar days' written notice, to detect leaks from laterals, infiltration, and inflow, any other law to the contrary notwithstanding;

          (C)  Compel an owner of private property upon which is located any sewer lateral that connects to a county sewer to inspect that lateral for leaks, infiltration, and inflow and to perform repairs as necessary;

          (D)  Collect rates for water supplied to consumers and for the use of sewers;

          (E)  Install water meters whenever deemed expedient; provided that owners of premises having vested water rights under existing laws appurtenant to the premises shall not be charged for the installation or use of the water meters on the premises;

          (F)  Take over from the State existing waterworks systems, including water rights, pipelines, and other appurtenances belonging thereto, and sewer systems, and to enlarge, develop, and improve the same; and

          (G)  For purposes of subparagraphs (B) and (C):

              (i)  "Infiltration" means groundwater, rainwater, and saltwater that enters the county sewer system through cracked, broken, or defective sewer laterals; and

             (ii)  "Inflow" means non-sewage entering the county sewer system via inappropriate or illegal connections;

     (24) (A)  Each county may impose civil fines, in addition to criminal penalties, for any violation of county ordinances or rules after reasonable notice and requests to correct or cease the violation have been made upon the violator.  Any administratively imposed civil fine shall not be collected until after an opportunity for a hearing under chapter 91.  Any appeal shall be filed within thirty days from the date of the final written decision.  These proceedings shall not be a prerequisite for any civil fine or injunctive relief ordered by the circuit court;

          (B)  Each county by ordinance may provide for the addition of any unpaid civil fines, ordered by any court of competent jurisdiction, to any taxes, fees, or charges, with the exception of fees or charges for water for residential use and sewer charges, collected by the county.  Each county by ordinance may also provide for the addition of any unpaid administratively imposed civil fines, which remain due after all judicial review rights under section 91-14 are exhausted, to any taxes, fees, or charges, with the exception of water for residential use and sewer charges, collected by the county.  The ordinance shall specify the administrative procedures for the addition of the unpaid civil fines to the eligible taxes, fees, or charges and may require hearings or other proceedings.  After addition of the unpaid civil fines to the taxes, fees, or charges, the unpaid civil fines shall not become a part of any taxes, fees, or charges.  The county by ordinance may condition the issuance or renewal of a license, approval, or permit for which a fee or charge is assessed, except for water for residential use and sewer charges, on payment of the unpaid civil fines.  Upon recordation of a notice of unpaid civil fines in the bureau of conveyances, the amount of the civil fines, including any increase in the amount of the fine which the county may assess, shall constitute a lien upon all real property or rights to real property belonging to any person liable for the unpaid civil fines.  The lien in favor of the county shall be subordinate to any lien in favor of any person recorded or registered prior to the recordation of the notice of unpaid civil fines and senior to any lien recorded or registered after the recordation of the notice.  The lien shall continue until the unpaid civil fines are paid in full or until a certificate of release or partial release of the lien, prepared by the county at the owner's expense, is recorded.  The notice of unpaid civil fines shall state the amount of the fine as of the date of the notice and maximum permissible daily increase of the fine.  The county shall not be required to include a social security number, state general excise taxpayer identification number, or federal employer identification number on the notice.  Recordation of the notice in the bureau of conveyances shall be deemed, at [such] that time, for all purposes and without any further action, to procure a lien on land registered in land court under chapter 501.  After the unpaid civil fines are added to the taxes, fees, or charges as specified by county ordinance, the unpaid civil fines shall be deemed immediately due, owing, and delinquent and may be collected in any lawful manner.  The procedure for collection of unpaid civil fines authorized in this paragraph shall be in addition to any other procedures for collection available to the State and county by law or rules of the courts;

          (C)  Each county may impose civil fines upon any person who places graffiti on any real or personal property owned, managed, or maintained by the county.  The fine may be up to $1,000 or may be equal to the actual cost of having the damaged property repaired or replaced.  The parent or guardian having custody of a minor who places graffiti on any real or personal property owned, managed, or maintained by the county shall be jointly and severally liable with the minor for any civil fines imposed hereunder.  Any [such] fine may be administratively imposed after an opportunity for a hearing under chapter 91, but [such] a proceeding shall not be a prerequisite for any civil fine ordered by any court.  As used in this subparagraph, "graffiti" means any unauthorized drawing, inscription, figure, or mark of any type intentionally created by paint, ink, chalk, dye, or similar substances;

          (D)  At the completion of an appeal in which the county's enforcement action is affirmed and upon correction of the violation if requested by the violator, the case shall be reviewed by the county agency that imposed the civil fines to determine the appropriateness of the amount of the civil fines that accrued while the appeal proceedings were pending.  In its review of the amount of the accrued fines, the county agency may consider:

              (i)  The nature and egregiousness of the violation;

             (ii)  The duration of the violation;

            (iii)  The number of recurring and other similar violations;

             (iv)  Any effort taken by the violator to correct the violation;

              (v)  The degree of involvement in causing or continuing the violation;

             (vi)  Reasons for any delay in the completion of the appeal; and

            (vii)  Other extenuating circumstances.

              The civil fine that is imposed by administrative order after this review is completed and the violation is corrected shall be subject to judicial review, notwithstanding any provisions for administrative review in county charters;

          (E)  After completion of a review of the amount of accrued civil fine by the county agency that imposed the fine, the amount of the civil fine determined appropriate, including both the initial civil fine and any accrued daily civil fine, shall immediately become due and collectible following reasonable notice to the violator.  If no review of the accrued civil fine is requested, the amount of the civil fine, not to exceed the total accrual of civil fine prior to correcting the violation, shall immediately become due and collectible following reasonable notice to the violator, at the completion of all appeal proceedings; and

          (F)  If no county agency exists to conduct appeal proceedings for a particular civil fine action taken by the county, then one shall be established by ordinance before the county shall impose the civil fine[;].  After all notices, orders, and appeal proceedings are exhausted, a county may satisfy all unpaid civil fines through the power of sale on the real property subject to a recorded lien.  A power of sale shall become fully effective within a county upon the enactment or adoption by the county of appropriate and particular laws, ordinances, or rules establishing the power of sale;

    (25)  Any law to the contrary notwithstanding, any county mayor, by executive order, may exempt donors, provider agencies, homeless facilities, and any other program for the homeless under part XVII of chapter 346 from real property taxes, water and sewer development fees, rates collected for water supplied to consumers and for use of sewers, and any other county taxes, charges, or fees; provided that any county may enact ordinances to regulate and grant the exemptions granted by this paragraph;

    (26)  Any county may establish a captive insurance company pursuant to article 19, chapter 431; and

    (27)  Each county shall have the power to enact and enforce ordinances regulating towing operations."

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

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

Report Title:

Counties; Civil Fines; Real Property; Power of Sale

Description:

Authorizes counties, after adoption of an ordinance, to sell private property after all notices, orders, and appeal proceedings are exhausted, and to use those revenues to pay unpaid civil fines related to that property.

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.  619

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 29

      H.D. 2

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. 29, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE COUNTIES,"

begs leave to report as follows:

     The purpose of this measure is to authorize the counties to implement additional enforcement mechanisms, including the use of power of sale, to address severe public nuisances that remain unmitigated after the exhaustion of all other existing remedies.

     Your Committee received testimony in support of this measure from four individuals.  Your Committee received testimony in opposition to this measure from four individuals.  Your Committee received comments on this measure from the Hawaii Bankers Association and Grassroot Institute of Hawaii.

     Your Committee finds that authorizing the counties to collect on liens filed on properties through a non-judicial foreclosure process provides some leverage over property owners to comply or lose their property.  If a property owner fails to comply and the property is foreclosed upon, this measure would enable the property to be put to productive use, allow liens attached to the property to be satisfied, and stop the accrual of additional debt on the property.  This measure addresses the need of the counties to bring closure to pending civil fines imposed on property owners who are in violation of nuisance laws, ordinances, or rules.

     Your Committee has amended this measure by:

     (1)  Clarifying that if a county utilizes its authority of power of sale, such authority must be exercised pursuant to the state law on foreclosures; and

     (2)  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 Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 29, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 29, H.D. 2.

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

STAND. COM. REP. NO.  20

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 29

      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. 29 entitled:

"A BILL FOR AN ACT RELATING TO THE COUNTIES,"

begs leave to report as follows:

     The purpose of this measure is to authorize the counties to implement additional enforcement mechanisms to address severe public nuisances that remain unmitigated after the exhaustion of all other existing remedies.

     Your Committee received testimony in support of this measure from the Department of Planning and Permitting of the City and County of Honolulu and four individuals.  Your Committee received testimony in opposition to this measure from the Grassroot Institute of Hawaii.

     Your Committee finds that neglected properties often constitute public nuisances and can pose significant risks to public health, safety, and neighboring properties.  Your Committee further finds that although the counties may initiate a non-judicial foreclosure for the collection of real property tax liens, there is no similar process when an administrative lien is placed on properties that become public nuisances.  This measure is intended to extend the counties' authority to initiate non-judicial forecloses on neglected properties after the counties have exercised all other existing remedies.

     Your Committee has amended this measure by:

     (1)  Requiring counties to remit all revenues from the sale of the property in excess of any unpaid civil fines to the property owner;

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

     (3)  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. 29, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 29, 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,