* Prior history: Prior code §§ 21-6.1, 21-6.2.

The purpose of this chapter is to prohibit the blocking of a drainageway without the prior approval of the county of Maui. The council of the county of Maui finds that the blocking of a drainageway creates drainage problems in other areas, causes safety hazards and results in road deterioration. The council of the county of Maui also finds that the public welfare would best be served if the county of Maui first assessed the potential damage that would occur when the blocking of a drainageway is contemplated. The council of the county of Maui further finds that the construction or maintenance of drains or ditches that divert surface waters and stormwater in such a manner as to cause such surface waters or stormwaters to flow on, into or over any public highway of the county of Maui creates a serious traffic hazard. (Ord. 1816 § 1 (part), 1989)

When used in this chapter, unless it is plainly evident from the context that a different meaning is intended, certain words and terms are defined as set forth as follows:

A. “Block a drainageway” means to place any material on or near a drainageway that would prevent water from entering a drainageway.

B. “Drainageway” means natural, altered, or improved channels that have seasonal or continuous water flows as a result of either surface stormwater or groundwater influx, or both. Drainageways include channels, streambeds, streambanks, stream mouths, ditches, flumes, underground drainlines or systems, and any portion of irrigation systems.

C. “Person” means a natural person, corporation, firm, partnership, association, trustee, trustee in bankruptcy, and includes an agent, or employee of the foregoing. (Ord. 1816 § 1 (part), 1989)

A. 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 watercourses.

B. No person, either directly or indirectly, shall block a drainageway on any public property without the prior approval of the department of public works of the county of Maui. (Ord. 2490 § 1, 1996: Ord. 1816 § 1 (part), 1989)

A. Any person who violates any provision of this chapter shall, upon conviction, be punished by a fine not exceeding five hundred dollars.

B. The continuance of any such violation after conviction shall be deemed a new offense for each day of such continuance. (Ord. 1816 § 1 (part), 1989)