Definitions for old government roads

For purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain words and phrases used in this chapter are defined hereinbelow: "County" means the County of Maui. "Director" means the director of the department of public works and waste management. "Old government road" means any roadway, street, highway, way, or lane in the County, open to and used by the general public for vehicular transportation, which was opened, laid out, or built by any governmental entity but the ownership of which is no longer claimed by any governmental entity or private person or entity, and which is not maintained by any governmental entity or private person or entity. For purposes of this chapter, any road described in section 12.50.020.B shall not be construed to be an old government road. "Person(s) having the right to control the use" means the person or persons having the legal right to make decisions as to the use, improvement, repair and maintenance of a road or other property, sign agreements with respect thereto, and bind all other persons having rights in or to such road or other property, whether such other persons are owners of the fee title to the road or other property, are holders of roadway easements, or have some other interest in the road or other property. "Private, nondedicated and nonsurrendered roads" means roadways, streets, highways, ways or lanes used for purposes of vehicular traffic which are owned, in whole or in part, by persons other than governmental entities and which have not been dedicated or surrendered to the State or the County in accordance with Hawaii Revised Statutes section 264-1(c)(1) and (2). "Property owners" means those persons or entities who are identified as the owners of record in the County's records for real property tax billing purposes. (Ord. 2655 § 1 (part), 1998)