Replacing overhead structures after a disaster

A replacement overhead encroachment that is damaged or destroyed by an emergency or disaster proclaimed by the governor or mayor under section 127A-14, Hawaiʻi Revised Statutes, is permitted over a public right-of-way and may be repaired or replaced, subject to the following conditions: 1. The replacement overhead encroachment was legally constructed before the emergency or disaster proclamation. 2. The replacement overhead encroachment is repaired or reconstructed to the same size and scale as was legally constructed. 3. The replacement overhead encroachment is permitted under the building code. 4. Any replacement overhead encroachment with less than 15 feet of clearance above the finish grade beneath the encroachment does not interfere with public health and safety as determined by the director. 5. If any maintenance, repair, or improvement of the public right-of-way requires the modification or removal of the replacement overhead encroachment, the property owner will cooperate with the director's requests in a timely manner at their own cost and expense. 6. The property owner is responsible for the maintenance and repair of the replacement overhead encroachment. 7. Liability for any claims for injury or damage to persons or property arising out of, or in connection with, the replacement overhead encroachment is the property owner's responsibility. ( Ord. No. 5898 , § 3, 2025)