The Board's Proposed Parking Rules
Street Parking Violation Standards
A. The Kuau Bayview documents prohibit vehicles from being "regularly parked" on the streets. The purpose of these standards are to create clear guidelines for determining what "regularly parked" means and what steps will be taken to bring a vehicle into compliance, and to limit the number of cars parked on the street.
If the vehicle meets one of the following definitions it is considered to be "regularly parked".
1a. The vehicle has been noted as parked on any Kuau Bayview road for four consecutive days of at least one hour per day. The vehicle does not have to have been there continuously or parked on the same Kuau Bayview road - only to have been observed parked on a Kuau Bayview road at least once in each period extending from midnight to midnight in each of four consecutive days.OR
1b. The vehicle has been noted as parked on any Kuau Bayview road for at least one hour on eight or more days in one thirty day period. Each of the eight observations must be made in a different day as defined from midnight to midnight.OR
Ic. The vehicle is observed parked on the street and the proximate neighbors deny that the vehicle belongs to them or their guests. Neighbors must be either contacted directly or by a note left on their door with the callback number of our Managing Agent or Security PAtrol. The neighbors who must be contacted include the one where the vehicle is located and the neighbors on each side plus the one across the street and those on each side of it, providing , these houses exist. If neighbors are contacted by note, they have 24 hours in which to respond. Lack of response or refusal to respond shall be interpreted as the homeowners agreement that the vehicle is in violation of the "regularly parked" prohibition. If the vehicle is observed parked on any Kuau Bayview street after 24 hours with either no response, refusal to respond or denial of permission by neighbors (as defined above), it is then in violation. If the vehicle is moved so that the proximate neighbors (defined above) are different, it is not necessary to ask the new proximate neighbors. The intent of this last provision is to prevent unscrupulous residents from simply moving their vehicles around the neighborhood in order to circumvent the parking rules.
2. Exceptions to the above rules are service vehicles obviously being used by nonresident yard, construction, cleaning or pest control workers who can be observed or contacted to verify that they are obviously working nearby. This provision is not intended to allow resident service vehicles to be parked on the street.
3. These House Rules do not prohibit a resident from occasionally parking a vehicle on the street or from having visiting guests park on the street from time to time. In order to determine the difference between "occasionally" or "from time to time" from "regularly", the above definitions la, b, or c should be used.
4. The house rules will provide for one parking pass to be issued for each home/lot in the subdivision. This pass displayed on the dashboard will indicate to the security patrol that that vehicle is operated by a visitor or guest of an owner and will be exempted from the "regularly parked" definitions set forth in 1a through 1c above. The intent of the parking pass is to allow owners and residents to let visitor and guests of a Ku'au owner park one vehicle on the street legally.
(Alternate to #4.) The house rules will provide for one (1) parking pass to be issued to each home/lot in the subdivision. This pass displayed on the dashboard will indicate to the security patrol that that vehicle is operated by a visitor or guest of an owner and will be exempted from the "regularly parked' definitions set forth in 1a through 1c above. An owner may use this parking pass in one of two ways. a) The owner may opt to have this pass assigned to one specific vehicle which will then be allowed to park on the street, or b) For use by a visitor or guest of the owner which will then let that visitor or guest legally park one vehicle on the street for a PREDETERMINED AMOUNT OF TIME. (We propose that a single vehicle can park for a week with no call in to security and up to 30 days by calling the security company)
B. In order for the vehicle to be found in violation, there must be a written log indicating all of the below information:1. Vehicle approximate type, color and license
2. Dates and times observed parked
3. Address in front of which vehicle was parked.
4. Name(s) of those making the observations
5. Address, name and response of any neighbor contacted.
C. Steps to be taken before fining or towing a vehicle1. Contact the proximate neighbors and attempt to find a resident who takes responsibility for the vehicle. Use the procedure outlined in part 1c. 2. Place a note or sticker on the vehicle indicating that it is in violation and subject to towing or fines.
3. Allow 72 hours for the responsible person to respond to the written note or sticker on the vehicle. (This grace time. is not given for any subsequent violations of the same vehicle in the same year period).
D. Consequences of Regularly Parking a Vehicle on a Kuau Bayview Road
1. If the responsible person is a resident of a Kuau Bayview home, then the owner may be fined not more than $15 per week for the first notice, $25 per week for the second notice and $50 per week for subsequent notices in any one year period. First, second and subsequent notices do not have to be on identical vehicles provided it can be established to a reasonable degree that the same house is responsible for each vehicle.
2. After three violations the car may be towed at the request of the Managing Agent or the Security Patrol.4 July 2001