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SB1080
THE SENATE
S.B. NO.
1080
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to property maintenance
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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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.
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Addressing property neglect is essential to protect Hawaii's ecosystems,
mitigate wildfire risks, and maintain the quality of life for residents.
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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.
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SECTION
2.
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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
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-1
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Property maintenance; requirements.
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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:
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(1)
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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;
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(2)
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Conditions that raise the risk of wildfires,
such as excessive accumulation of dry vegetation, debris, or other combustible
materials; and
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(3)
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Public safety hazards, including overgrowth of
vegetation that obstructs pathways, roads, or access for emergency responders.
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Penalties.
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(a)
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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.
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(b)
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Failure to comply within the time limit
pursuant to subsection (a) shall result in:
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(1)
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A civil fine of no less than $1,000 and no
more than $10,000 per violation;
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(2)
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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
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(3)
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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.
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(c)
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The penalties shall be levied against the
owner, lessee, or manager of the real property, as applicable.
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Exceptions.
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Exceptions may be granted by the State or a
county for:
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(1)
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Real property that is under active
restoration, conservation, or agricultural management plans approved by the
State or county; or
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(2)
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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.
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Procedures for implementation of chapter.
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(a)
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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
.
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(b)
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Each county shall adopt ordinances to
implement this chapter, including procedures for inspection, enforcement,
appeals, and the collection of fines.
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Fines; purposes.
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(a)
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Any
state or county agency that takes an enforcement action pursuant to this
chapter shall collect any applicable fines.
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(b)
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Any fines collected pursuant to this chapter
shall be expended by the applicable agency under subsection (a) for:
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(1)
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Invasive species control projects;
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(2)
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Wildfire prevention and response initiatives; or
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(3)
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Community education and outreach on property
maintenance and environmental safety.
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Other responsibilities and requirements.
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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."
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SECTION 3.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
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.
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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.