Chapter 322 — Chapter 322

PART VI. EXCESSIVE NOISE--REPEALED §§322-101 to 322-110 REPEALED. L 1972, c 100, §2.

PART VII. PIGEONS--REPEALED §§322-121 to 322-124 REPEALED. L 1988, c 86, §2.

PART VIII. AVIARY GAME BIRDS--REPEALED §§322-141 to 322-143 REPEALED. L 1988, c 86, §3.

§322-2 Ordering owner to remove. Whenever any such nuisance, foul or noxious odors, gases or vapors, water in which mosquito larvae exist, source of filth, or cause of sickness or disease is found on private property, the department of health shall cause notice to be given to the…

PART II. INSANITARY CONDITIONS OF LAND §322-21 Insanitary conditions of land to be reported. Whenever in the opinion of the department of health any tract or parcel of land situate in the State is deleterious to the public health in consequence of being low, and at times covered …

§322-22 Maps and plans. If the department of health in any case recommends a system of drainage or of filling and drainage, the comptroller shall, upon receipt of the notice, prepare a map of the land so reported upon by the department and to be so drained, or filled and drained,…

§322-23 Notice to owners to improve. The comptroller upon the receipt of the notice shall cause a copy of the same to be served in the manner prescribed in section 322-24 upon the owner or occupant of the land. The comptroller shall also notify each owner or occupant that a detai…

§322-24 Service of notice. Service of the notice upon an owner in person, if within the State, or upon the owner's agent if without the State, or upon the occupant of the land if the owner is unknown, or upon the guardian if the owner is a minor or person under guardianship, or b…

§322-25 Appeal. During the period of twenty days, or such further time in special cases as is specified in the notice given pursuant to section 322-23, any owner or occupant of land sought to be improved, the owner's or occupant's attorney or agent, may file an appeal from the de…

§322-26 Hearing, decision. Upon receiving any appeal from the comptroller, the court shall appoint three disinterested persons who shall sit as a board to hear and determine the appeal in conformity with chapter 91. They shall have power to determine whether or not the land is de…

§322-27 Plans, etc. The comptroller shall transmit to the board with each appeal the appropriate map or plan (or a copy thereof) of the lands to be improved prepared in accordance with the requirements of section 322-22, and shall also transmit to the board with each appeal a sta…

§322-28 Entry upon and acquisition of land. The comptroller may enter upon all lands on the routes of the proposed drains or ditches for the purpose of examining, surveying, and laying out the route thereof, and upon all lands proposed to be included in any such drainage district…

§322-29 Comptroller to make improvements, when. The board shall transmit a copy of its decision to the comptroller and to the other persons affected thereby, so far as practicable, and in case the owner of the land does not within ten days after the receipt of the decision begin …

§322-3 Nuisance on public property. Whenever any nuisance, foul or noxious odors, gases or vapors, water in which mosquito larvae exist, source of filth, or cause of sickness or disease is found on public property or on a public highway, street, lane, alley, or other public place…

§322-30 Cost of improvement; how apportioned. The cost of the improvements made or completed by the comptroller shall be apportioned as follows:

§322-31 Lien. The cost of the improvements made or completed by the comptroller as determined and apportioned pursuant to the provisions of this part shall constitute a lien upon the land improved, which lien shall have priority over all other liens. [L 1896, c 61, §7; am L 1911,…

§322-32 Notice and recording of lien. Whenever work or improvement is done or completed by the comptroller, the comptroller shall record in the office of the registrar of conveyances a notice of the cost of the work so done or completed and a brief description of the land on whic…

§322-33 Foreclosure. The lien may be foreclosed at any time after six months and within five years from the date of the recording required by section 322-32 by suit in equity or without suit by public sale by the comptroller in the name of the State. Foreclosure by public sale sh…

§322-34 Payment presumed when. All such liens shall be presumed to have been satisfied at the expiration of six years from the date of record. [L 1896, c 61, §10; am L 1915, c 149, §2; RL 1925, §988; RL 1935, §1338; RL 1945, §2729; RL 1955, §47-33; HRS §322-34]

§322-35 Amount paid owner. Whenever property is improved under this part and the comptroller sells the property so improved to satisfy the lien established in consequence of the improvement, the owner shall be paid out of the proceeds of the sale an amount not less than the asses…

§322-4 Entering lands, buildings, etc. Whenever any member of the department of health deems it necessary for the preservation of the lives or health of the public to enter any land, building, vessel, or aircraft for the purpose of examining into, abating, destroying, removing, o…

§322-5 REPEALED. L 1990, c 8, §2.

PART IV. DWELLINGS; LODGING HOUSES--REPEALED §§322-51 to 322-54 REPEALED. L 2000, c 14, §2.

§322-6 Who to report nuisances. The sheriff, all officers of police, and physicians shall report to the department of health, or its nearest authorized agent, the existence of any nuisance injurious to the public health, of which any of them may be cognizant, as soon as possible …

PART V. AIR POLLUTION--REPEALED §§322-61 to 322-79 REPEALED. L 1972, c 100, §2.

§322-7 REPEALED. L 1983, c 100, §6.

§322-8 Administrative penalties. (a) Any person who violates this part or any rule adopted by the department of health to implement this part shall be fined not more than $10,000 for each separate offense. Any action taken to collect the penalty provided for in this subsection sh…