Cost of litter removal

A. Any person responsible for littering shall be liable to the County for the cost of removing such litter. The bill for the cost of removal shall be issued by the director of finance and shall contain the amount to be charged by the County. The cost of removal shall be the actual cost plus an administrative fee, as set forth in the annual budget, associated with said removal; provided, however, that the amount to be charged shall not be less than $5; provided further, that nothing in this section shall be deemed to constitute a waiver of the right to issue a citation pursuant to this chapter. B. In the case of litter on private property, the director is authorized to notify the owner of property or the agent of such owner to properly dispose of litter located on said owner's property. Such notice shall be sent by certified mail, addressed to said owner at the last known address and a copy thereof posted on the property. The notice shall describe the work to be done and shall state that if the work is not commenced within sixty calendar days after notice is given and diligently prosecuted to completion without interruption, the director or the director's authorized representatives shall enter upon the property and cause the removal of the litter thereon, and the cost thereof shall be a lien on the property. The director shall observe the following procedures: 1. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter within sixty days after receipt of written notice or within sixty days after the date of such notice in the event the same is returned to the County because of an inability to make delivery thereof, provided the same is properly addressed to the last known address of such owner, the director is authorized and empowered to dispose of such litter or to order its removal and disposal. The director and the director's authorized representatives, including any contractor with whom the County contracts hereunder, and assistants, employees, or agents of such contractor are authorized to enter upon said property for the purpose of removing the litter thereon. 2. When the County has removed litter from property or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of 10 percent per year shall be charged to the owner of such property who shall be billed therefor by mail. The bill shall apprise the owner that failure to pay the bill will result in a lien. Interest at the rate of 10 percent per year shall accrue from the thirty-first calendar day after the bill has been mailed to the owner for the payment in the event the same has not been paid prior thereto. 3. Where the full amount due the County is not paid by such owner within thirty calendar days after the bill has been mailed for payment, the director shall cause to be recorded with the director of finance a statement showing the cost and expense incurred for the work, the date the work was done, and the location of the property on which said work was done. The director of finance shall refer the statement for collection thereof to the corporation counsel. 4. The corporation counsel may proceed to file a mechanic's and materialman's lien pursuant to the provisions of part II of chapter 507, Hawaiʻi Revised Statutes, or any other appropriate lien procedures, if the owner fails to pay the amount duly noted on the statement filed by the director. 5. The director of finance shall cause to be kept a permanent record containing: a. A description of each parcel of property for which the notice to remove litter has been given; b. The name of the property owner if known; c. The date on which such notice was mailed and posted; d. The charges incurred by the County in removing the litter and all incidental expenses in connection therewith; and e. A brief summary of the work performed. Each such entry shall be made as soon as possible after completion of such act. C. All moneys collected under this section must be deposited into the highway beautification, abandoned vehicle, and tourism-related traffic congestion revolving fund established by section 3.25.030 . ( Ord. No. 5661 , § 2, 2024; Ord. 4325, § 3, 2016 ; Ord. 2539 § 1, 1997; Ord. 1876 § 1 (part), 1990)