§ 20.08.260. Special precautions.

A.

Any person performing or causing to be performed any excavation or fill shall, at his own expense, provide the necessary means to prevent the movement of earth of the adjoining properties, to protect the improvements thereon, and to maintain the existing natural grade of adjoining properties.

B.

Any person performing or causing to be performed any excavation or fill shall be responsible for the maintenance or restoration of street pavements, sidewalks and curbs and improvements of public utilities which may be affected. The maintenance or restoration of street pavements, sidewalks and curbs shall be performed in accordance with the requirements of the County of Maui and the maintenance and restoration of improvements of public utilities shall be in conformity with the standards of the public utility companies affected.

C.

No person, firm or corporation, either directly or indirectly, shall so construct or maintain drainageways on, over, through or across any lands owned, leased or controlled by such person as to block a drainageway on such lands or divert surface stormwater in such a manner as to cause such surface stormwater to flow on, into or over any public highways of the county, other than through natural channels and water courses.

D.

No person, either directly or indirectly, shall block a drainageway without the prior approval of the department of public works and waste management of the County of Maui.

E.

Any person depositing or causing to be deposited any silt, refuse paper, trash, glass, nails, wire, bottles, cans, grass clippings, brush, yard trash, concrete, earthen fill, garbage, containers, or other similar debris in any drainageways, ditches, water courses, drainage facilities and public roadways shall remove such silt or other debris.

1.

In case such person shall foul, neglect or refuse to comply with the provisions of this section within forty- eight hours after written notice, served upon him either by mail or by personal service, the director may proceed to remove the silt and other debris or to take any other action he deems appropriate. The costs incurred for any action taken by the director shall be payable by such person.

2.

For administrative enforcement pursuant to section 19.530.030 of this code, the owner, permittee and general contractor for the project shall be jointly and severally liable to pay a civil fine not to exceed one percent of the project cost if the director determines that the project has deposited or caused to be deposited any of the aforesaid debris in the near shore water of the ocean endangering the reef or ocean life.

F.

Exposure. The area of land to be graded, grubbed or used for stockpiling may not exceed fifteen acres, except that the director may increase this maximum to a size larger than fifteen acres if the adopted conservation standards can be maintained, or the director may reduce the maximum to a size below fifteen acres if the director determines that the conservation standards will not be met. Additional area shall not be opened for grading, grubbing, stockpiling until measures to prevent dust or erosion problems in the area already graded or grubbed have been satisfactorily completed.

G.

At any stage of the grading or grubbing work, if the director finds that further work as authorized by an existing permit is likely to create soil erosion problems or to endanger any life, limb or property, he may require safety precautions which may include, but shall not be limited to:

1.

The construction of flatter exposed slopes,

2.

The construction of additional drainage facilities or terraces,

3.

The removal of rocks, boulders, debris and other dangerous objects which, if dislodged, are likely to cause injury or damage,

4.

The construction of fences or other suitable protective barriers,

5.

The planting of slopes,

6.

The performance of additional soil compaction,

7.

Limiting the area of land which may be graded or grubbed at a given time,

8.

The temporary stopping of grading or grubbing operations during adverse wind conditions,

9.

The sprinkling of water, and

10.

The planting of grass or other ground cover.

(Ord. 2684 § 22, 1998: Ord. 816 § 1 (part), 1975: prior code § 24-3.2)