MCC §12.08.140
Permit holder's duties and liability
Read the official text at library.municode.com ↗This section makes a driveway permit holder responsible for defending the county against lawsuits and paying for damages caused by their work. It also requires safe construction practices, restoring public property, and recording a sight-distance agreement if needed.
contractorspersonal representatives
The ordinance, as written (Maui County) — Indemnification and responsibility
A copy, taken August 21, 2026. The version published by Maui County is the one that governs, and it may have changed since. Check it before relying on anything here.
A.
The holder of a permit required by section 12.08.030 shall defend, indemnify and hold harmless the county, its officers and agents, from
all claims, demands, suits, actions or proceedings of every name, character and description
which may be brought against the county for or on account of any injuries or damages
to any person or property as a consequence of any act or acts of the holder of the
permit or work done under the permit.
B.
The holder of a permit while constructing a driveway approach or reconstructing an
abandoned driveway approach into a sidewalk shall use every precaution as to barricades,
lights and watchmen, for the safety of the public; and, upon completion of the construction
or reconstruction, the permit holder shall restore the government right-of-way, public
highway, street, sidewalk or curb in as good a condition as it was when the permit
was issued, and that no debris, lumber, materials, or equipment of any kind shall
be left on such driveway approach, highway, government right-of-way, public street,
sidewalk, or curb so as to constitute or contribute to the creation of a pedestrian
or motor vehicular hazard, and the holder shall be liable for accidents, should any
occur.
C.
If the driveway provides inadequate sight distance for entering or exiting the adjacent
street, the holder of a permit required by section 12.08.030 shall agree to defend, indemnify and hold harmless the county, its officers and agents,
from all claims, demand, suits, actions or proceedings of every name, character and
description which may be brought against the county for or on account of any injuries
or damages to any person or property as a consequence of the sight distance of the
driveway, and such agreement shall be in a form approved by the department of the
corporation counsel and recorded to run with the lands of all persons permitted to
use the driveway.
(Ord. 2557 § 5, 1997: prior code § 21-7.18)
Read the official text at library.municode.com ↗as published Nov 21, 2025our copy taken Aug 21, 2026
Published by the County of Maui through Municode.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.