Draft Ordinance for Maui County
Version 5a
By the Biology 290 Working Group, Maui Community College, December 1, 2004
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Title 20. Environmental Protection
Chapter 20.40 INVASIVE ALIEN SPECIES CONTROL
20.40.010 Findings and purpose.
The council finds that, concordant with Maui County Council Resolution No. 00-24, "RECOGNIZING THE THREAT OF INVASIVE ALIEN PLANT SPECIES TO THE ECOSYSTEMS, NATIVE FORESTS AND HIGH QUALITY WATERSHED", the county government must have the authority to defend the county from the threat that alien invasive species pose to the economy, environment, human health, and quality of life of Maui County residents.
20.40.020 Definitions.
In this chapter, unless a different meaning plainly is required, the following definitions apply:
"Corporation counsel" means the person who holds the office of corporation counsel of the county.
"County" means the county of Maui.
"Director" means the director of [option A: public works and environmental management of the county] [option B: the Maui County Civil Defense Agency].
"Director of finance" means the director of finance of the county.
“Invasive species” means any non-native species of plant, vertebrate, invertebrate, or pathogen, including the seeds, eggs, or spores thereof or other biological material, capable of spread, reproduction, or propagation, whose introduction or proliferation causes or is likely to cause economic or environmental harm or harm to human health or safety. Invasive species do not include species of plants or animals identified by statute as commodity crops or livestock.
"Invasive Species Management Entity" means an entity that
A. is recognized by the county, or the state;
B. is established for the purpose of or has demonstrable expertise and significant experience in controlling or eradicating invasive species and increasing public knowledge and education concerning the need to control or eradicate invasive species;
C. may be multijurisdictional and multidisciplinary in nature;
D. may include representatives from federal, state, local, or, where applicable, Native Hawaiian governments, private organizations, individuals, and State-recognized conservation districts or state-recognized weed management districts.
Maui County Priority Pest Species are:
A. Any invasive species that is targeted for control or eradication by an Invasive Species Management Entity;
B. Any plant declared on the Hawaii State Noxious Weed List;
C. Any invasive species which is illegal to possess;
D. Any individual organism, excluding humans, that is a host to or is otherwise facilitating the spread of an invasive species, or is at imminent risk of doing so;
E. Any species declared by the Mayor to be a Maui County Priority Pest Species.
"Owner" means the fee simple owner of property or any other person who has control or possession of real property.
"Person" means an individual, corporation, government agency, trust, partnership, association, or any other legal entity.
“Surrender” means to give up ownership of, or transfer possession of invasive species to appropriate authority.
"Taxonomic identity" means the published scientific name for the species.
“Treat” means to kill, destroy, remove, and prevent the further growth or reproduction of a species or population in an ecosystem.
20.40.030 Responsibilities and requirements.
A. Owners or persons in control of any property shall be responsible for maintaining the property free of Maui Priority Pest Species.
B. The director, or the director’s authorized representatives, shall:
1. coordinate county agencies in the eradication and control efforts of invasive species and cooperate with state, federal, and non-governmental agencies;
2. certify the qualifications of all entities that meet the criteria for Invasive Species Management Entities;
3. certify the names of all species that meet the criteria listing as Maui County Priority Pest Species;
4. maintain on the county Web site the list of all Maui County Priority Pest Species and the names, addresses, telephone number, and Web address of all Invasive Species Management Entities.
C. Any person who observes an invasive species may report the occurrence to the office of the director. The taxonomic identity of the reported species shall be verified by the director or his authorized representative. The verification of taxonomic identity is to take place no later than one month after the reporting party notifies the director.
D. If the reported species, upon identification, is a Maui County Priority Pest Species that is targeted by an Invasive Species Management Entity for control or eradication in the area where it is reported, the landowner of the property on which the invasive species inhabits must be given notice to treat or surrender the invasive species in a timely manner pursuant to 20.40.050.
E. In such circumstance when the owner of the property upon which the reported species in question impedes the director or the director’s authorized representative from identifying the reported species, the assistant has the authority to treat the reported species in question as an identified species using available information, and may pursue action on the homeowner in accordance with chapter 20.40.050.
20.40.040 Unlawful harboring of invasive species.
A person commits the offense of harboring invasive species if the person fails to treat or surrender a Maui Priority Pest Species within sixty days after receiving a written notice as set forth in Section 20.40.050.
Codify where there is a justified exception to 60 days. the person shall submit a control plan. for 050.
20.40.050 Treatment or surrender of invasive species from property.
A. Notice to Treat or Surrender. The director is authorized to notify the owner of property to treat or surrender any Maui County Priority Pest Species on the property. Such notice shall be sent by certified mail, addressed to said owner at the last known address. A copy of the notice shall be posted on the property.
B. Form of Notice. The notice shall describe the work required to be done and inform the owner of assistance and resources available to assist with the treating of the species identified as a Maui Priority Pest Species. The notice shall state that if the work is not commenced within sixty days after the notice is sent by the director and diligently prosecuted to completion without interruption, the director or the director's authorized representative shall enter upon the property and cause the treatment or seizure of the species, and that the cost thereof shall be a lien on the property. The director shall observe the following procedures:
1. Upon failure, neglect, or refusal of any property owner to properly treat or surrender the invasive species within sixty days after the 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 treat or seize such invasive species. The director or 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 treating or seizing the invasive species thereon.
2. When the county has treated or seized the invasive species from property or has paid for its treatment or seizure, the actual cost thereof, plus accrued interest at the rate of ten percent per year shall be charged to the owner of such property who shall be billed therefore by mail. The bill shall apprise the owner that failure to pay the bill will result in a lien. Interest at the rate of ten 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 that it has not been paid prior thereto.
3. Where the full amount due to 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 provision of part II of chapter 507, Hawaii revised statutes, or any other appropriate lien procedure, if the owner fails to pay the amount duly noted on the statement 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 treat or surrender the invasive species has been given; (b) a 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 treating or seizing the invasive species, 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. (Ord. 1876 § 2 (part), 1990)
NOTE: Two alternatives are presented, a narrow option, and an inclusive option. The narrow option has more restrictive conditions for the species that the county is authorized to control, while the inclusive option has a broader set of conditions for the invasive species that shall be included. Text in blue is newly added in this version.