Sidewalk construction and encroachments

(a) Generally. All sidewalks shall be constructed in accordance with the Standard Details, department of public works, City and County of Honolulu, dated September, 1984, as amended, and with the applicable sections of the Standard Specifications for Public Works Construction, department of public works, City and County of Honolulu, dated September, 1986, as amended. (b) Exceptions. (1) Winding sidewalks. Any and all sidewalks shall be constructed adjacent to the property lines; provided that the chief engineer may authorize winding sidewalks; and provided further, that such sidewalks shall not cause additional hazards to the public as the chief engineer may determine. (2) Other surface encroachments. The chief engineer may also authorize the placement of walls, fences, benches, and other surface encroachments in the sidewalk area; provided that application for such encroachments are made in writing to the chief engineer, and provided further, that such encroachments do not unduly interfere with the public use of such space for utilities and pedestrian traffic. Such encroachments shall be removed at the owner’s expense upon notification by the director when recommended by the chief engineer that the space is needed for public use. (3) Notice. The director upon such recommendation by the chief engineer shall issue a notice in writing to the owner directing the owner to remove the encroachments or improvements. The work shall be done within such reasonable time limit as shall be stated in such notice that in no case shall be less than 20 days nor more than 60 days. The notice may be given by personal service or by mailing a copy of such notice by certified mail to the owner. (4) Failure to remove encroachments. Upon failure of the owner to comply with such notice within the time mentioned therein, the director shall cause such encroachments to be removed. The costs thereby incurred by the city shall be billed to such owner and shall, if not paid to the city by such owner within 30 days after such billing date, become a lien upon the property abutting such encroachments. (5) Whenever the chief engineer finds that in the interest of public safety or welfare an asphalt concrete walkway is necessary for pedestrians, the chief engineer is authorized to construct such a walkway. (c) Filing fee. A fee of $200 shall be required for each application submitted under subsection (b)(2) dealing with other surface encroachments. All application fees collected shall not be refundable and shall be deposited into the highway fund. )