Chapter 10 RULES, REGULATIONS, CHARGES AND FEES
FOR PUBLIC PARKS AND RECREATION FACILITIES
Article 11 . Abandoned Property
Sec. 10- 11 .2 Abandoned and unattended property — Impoundment.
No person shall abandon property in a public park. All abandoned property may be impounded by the department or its authorized representative. In the event property left unattended interferes with the safe or orderly management of the premises, it may be impounded by the department or its authorized representative at any time. (Added by Ord. 08-23)
Sec. 10- 11.3 Storage, notice, disposition.
(a) Storage and Related Costs. Impounded property shall be moved to a place of storage, and the owner shall be assessed moving, storage, and other related costs. Additionally, the owner of impounded property shall bear the responsibility for the risk of any loss or damage to their property.
(b) Shopping Carts. The department shall notify the Retail Merchants Association or its successor organization, of the location where the shopping cart may be claimed. The Retail Merchants Association or its successor organization shall notify the owner or owner’s agent of the location where the shopping cart may be claimed. The owner or owner’s agency shall have three business days from the date the department notifies the Retail Merchants Association or its successor organization to retrieve the shopping cart without charge. If the owner or owner’s agent fails to retrieve the shopping cart within three business days, the shopping cart shall become impounded property as provided in subsection (a), written notice shall be provided as in subsection (c), and the owner shall be subject to any applicable fees and costs imposed pursuant to subsection (a). Any shopping cart not reclaimed by the owner or owner’s agent within 30 days after the date of written notice may be disposed of as property without commercial value.
(c) Written Notice. The department shall send notice by certified mail at least 30 days prior to disposition of impounded property, to the last known address of the owner of the property if the owner is known or can be determined. The notice shall apprise the owner of the identity and location of the property impounded and of the intent of the department to sell, donate, or otherwise dispose or the property. Where the identity or the address of the owner is unknown or cannot be determined, the notice shall be posted on the premises where the property is impounded. If the impounded property has an estimated value of $1,000 or more, the department shall also give public notice of the disposition, including a brief description of the property, at least once either statewide or in a publication of local circulation where the property was impounded; provided that the disposition shall not take place less than five days after the notice of intent to dispose of the property.
(d) Disposition. Following proper notice as provided in subsection (c), impounded property having an estimated value of $1,000 or more shall be sold by public auction through oral tenders. The requirement for public action shall not apply when the value of the impounded property is less than $1,000. Property may be disposed of as property without commercial value if it was publicly auctioned but no bid was received, or if the value is less than $1,000.
(e) Disposition of Property Without Commercial Value and Perishable Property. If the department determines that any impounded property has no apparent commercial value or is of a perishable nature, the department at any time thereafter may destroy the impounded property or the property may be sold by negotiation, disposed of or sold as junk, kept by the department or donated to any other government agency or charitable organization.
(Added by Ord. 08-23)
Sec. 10- 11 .4 Proceeds of sale.
All charges and fines and all expenses of handling, storage, appraisal, advertising, and other sale expenses accruing to the owner of impounded property shall be deducted from the proceeds of any sale of impounded property. Any amount remaining shall be held in trust for the owner of the property for 30 days after sale, after which time the proceeds shall be paid into the general fund. (Added by Ord. 08-23)
Sec. 10- 11 .5 Repossession.
The owner or any other person entitled to abandoned or impounded property may repossess the property prior to its disposition upon proof of ownership or entitlement and payment of all unpaid rent, debts, charges, and fines owing and all handling, storage, appraisal, advertising, and any other expenses incurred in connection with the proposed disposition of impounded property. (Added by Ord. 08-23)
Sec. 10- 11 . 6 City not liable.
The City and County of Honolulu, its officers, employees, and agents shall not be liable to the owner of impounded property because of any disposition of the property made pursuant to this section. The remedies available to the owner of impounded property are limited to those provided in this article. (Added by Ord. 08-23)
