Haw. Code R. § 15-210-16 - Abandoned property

(a) Prohibition.

(1) Abandoned property is prohibited and may be removed by the HCDA; and

(2) Moving abandoned property to another location on HCDA property and "left in, at, or on any HCDA property" is within the meaning of the "abandoned property" definition.

(b) Disposal, removal, notice and storage procedures for abandoned property.

(1) Immediate disposal. The HCDA may dispose of immediately, in any manner without notice, verbal or written, abandoned property:

(A) Of a perishable nature, including but not limited to items that require refrigeration;

(B) Posing a threat to the health, safety, or welfare of the public, including but not limited to property containing flammable or otherwise hazardous chemicals, or similarly dangerous items that, if stored, could cause fire, explosion, identifiable disease;

(C) Deemed to be inappropriate for storage for health and safety reasons by the HCDA, including but not limited to property that is wet, soiled, dirty, sharp, odorous, contaminated by mold or infested with insects, roaches, or bed bugs; or

(D) Where the apparent owner of the property requests or permits such disposal;

(2) If the apparent owner is present at the time that the HCDA is removing the property, the owner will be provided a reasonable opportunity to remove the property from HCDA property; and

(3) The HCDA shall photograph, video, and/or describe in writing any abandoned property immediately disposed of pursuant to this section and shall maintain a record of the approximate location, date and method of disposal of such abandoned property.

(c) Removal and storage. The HCDA may remove and store abandoned property that:

(1) Interferes with the orderly management of HCDA property;

(2) Remains in a park after park closure hours; or

(3) Where the apparent owner of the property requests or permits such removal:

(A) If the apparent owner is present at the time that the HCDA is removing the property, the owner will be provided an opportunity to remove the property from HCDA property;

(B) The HCDA shall photograph, video and/or describe in writing any abandoned property removed pursuant to this section and shall maintain a record of the approximate location, date and method of disposal of such abandoned property; and

(C) Any removed abandoned property shall be stored for at least forty-five calendar days prior to it being disposed.

(d) Exclusion from enforcement area.

(1) Members of the public may be excluded from the area within which the abandoned property is being removed by the HCDA; the exclusion area may extend up to ten feet from any property to be removed; and

(2) A person claiming ownership of the abandoned property shall be permitted to enter the exclusion area for purposes of removing that property so that the property will not be removed by the HCDA; provided, however, that moving abandoned property from HCDA property to another location within the same HCDA property, or to another HCDA property shall not be considered removal from HCDA property, and that the removal is done within forty-five minutes after the initial notice of removal is given.

(e) Notice. Notice after removal of abandoned property:

(1) If physically feasible, a written notice shall also be left in the area/location from where the abandoned property was removed, and be prominently and conspicuously posted for at least three consecutive calendar days following removal of the abandoned property. The notice may be collected by the HCDA after three days have elapsed. This does not require the HCDA to ensure that the notice is in place seventy-two consecutive hours but requires only inspection at the end of the three-day period;

(2) Written notice shall also be posted on HCDA's internet website for three consecutive days;

(3) The written notice shall apprise the owner of the abandoned property of the description and location of the removed property and of the intent of the HCDA to sell, donate, or otherwise dispose of the property if not claimed within forty-five calendar days after removal. The notice shall also include:

(A) Date and time the abandoned property was taken;

(B) Date and time the written notice was originally posted; and

(C) Contact information for the owner of the abandoned property to use if the person desires to reclaim the abandoned property and the time and location at which the owner needs to reclaim the abandoned property; and

(4) To the extent possible based on information known to the HCDA, an additional written notice shall also be mailed to the person whose property was removed, at that person's last known mailing address.

(f) Claiming of abandoned property.

(1) The owner or any other person entitled to the stored abandoned property may claim the property prior to its disposal upon submitting to the HCDA satisfactory proof of ownership or entitlement and payment of all unpaid rent, debts, and charges owing and all handling, storage, appraisal, advertising, and other expenses incurred by the HCDA in connection with the proposed disposal of the stored abandoned property;

(2) Such amounts may be waived by the HCDA upon satisfactory showing of inability to pay; and

(3) A dispute between the owner or other person entitled to the stored abandoned property who claimed the property, and another party shall not constitute a dispute to which the State of Hawaii or the HCDA is a party, and there is no right of action against the State of Hawaii or the HCDA. The State of Hawaii and may not be interpleaded in any judicial or administrative proceeding involving such a dispute.

(g) Disposal.

(1) If any stored abandoned property is not claimed in forty-five calendar days, the HCDA may dispose of the property by disposing it;

(2) Alternatively, if any singular item of abandoned property is determined by the HCDA to have an estimated value of $1,000 or more, the HCDA may, in lieu of disposing the abandoned property, seek to publicly auction the property. In that event, the HCDA shall give public notice of the public auction, including a brief description of the property, details of the time and place of the auction and giving notice to all persons interested in claiming the property that unless claims are made by persons who can provide satisfactory proof of ownership before a specified date, the property will be sold at public auction to the highest bidder. Such public notice shall be published at least once in a publication of statewide circulation or in a publication of local circulation where the property was seized; provided that the disposal shall not take place less than five calendar days after public notice has been given. Following proper notices, any item of impounded personal property having an estimated value of $1,000 or more shall be disposed of by public auction, through oral tenders, or by sealed bids. Where no bid is received, the abandoned property may be sold by negotiation, disposed of or sold as junk, kept by the HCDA or donated to any other government agency or charitable organization; and

(3) All expenses of handling, storage, appraisal, advertising, and other sale expenses incurred by the HCDA shall be deducted from the proceeds of any sale of the abandoned property. Any amount remaining shall be held in trust for the owner of the property for thirty calendar days after sale, after which time the proceeds shall be transferred to the department of budget and finance pursuant to the Unclaimed Properties Act.

(h) Records. Records relating to property not immediately disposed of shall be kept as a public record for a period of not less than two years from the date of disposal of the property.

(i) Complaint resolution.

(1) All complaints by persons claiming ownership or entitlement to abandoned property stored or disposed of under these rules may contact the HCDA at (808) 594-0300; and

(2) Any person claiming the property stored or disposed of under these rules who wishes to pursue a contested case hearing shall file a request within fifteen calendar days of the action or decision for which the contested case hearing is sought pursuant to section 15-219-45 et seq. The HCDA shall continue to store the abandoned property at issue in the contested case hearing while the case is pending. The HCDA may dispose of the abandoned property if the contested case hearing decision allows for such disposal.

Notes

Haw. Code R. § 15-210-16

[Eff and comp 5/25/2007] (Auth: HRS § 206E-4) (Imp: HRS § 206E-4) Am and comp 2/24/2017