Haw. Rev. Stat. § 712-1270

Current through the 2024 Legislative Session

Section 712-1270 - Places used to commit offenses against public health and morals or other offenses, a nuisance

Every building, premises, or place used for the purpose of violating:

(1) Those laws pertaining to offenses against public health and morals contained in this chapter, except offenses under part IV that do not involve the manufacture or distribution of drugs and activities under part III that involve only social gambling as defined in section 712-1231(a);

(2) Section 132D-14(a)(1) or (3); or

(3) Any offense under part II of chapter 708 that involves a person unlawfully residing on or otherwise occupying real property to which the person has no title, lease, or other legal claim,

and every building, premises, or place in or upon which violations of any of the laws set forth in paragraph (1), (2), or (3) are held or occur, is a nuisance that shall be enjoined, abated, and prevented, regardless of whether it is a public or private nuisance.

HRS § 712-1270

Amended by L 2016, c 154,§ 1, eff. 7/1/2016.

Amended by L 2015, c 80,§ 2, eff. 6/3/2015.

L 1979, c 181, pt of §2; am L 1990, c 158, §1; am L 1996, c 246, §1; am L 2010, c 136, §4 .

COMMENTARY ON § 712-1270

Act 181, Session Laws 1979, established this part to provide a remedy to abate as nuisances, offenses against public health and morals in the nature of offenses defined as prostitution, the display of indecent matter, and the like. It is based largely on sections 11225 to 11235 of the California Penal Code.

Act 158, Session Laws 1990, amended this section to expand the nuisance law to permit closure of premises where drug offenses repeatedly occur. The legislature emphasized that this amendment is not intended to be applied to innocent landlords whose property may be inadvertently involved in drug offenses. Conference Committee Report No. 30.

Cannot be used to abate gambling offenses. 5 H. App. 463, 701 P.2d 175.