ORD 2009-118 2008-2010 - Laserfiche WebLink

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[(d)]LejAll interest and earnings accrued from the money and assets deposited in the asset fund shall be expended for the purposes for which this fund has been created. [(e)](f) No claim made pursuant to this section will be deemed a claim against the county, nor will the payment of any claim be construed as an admission of fault by the county or its officers, employees or agents. [(#)](g) The denial of any claim made under this Geothermal Asset Fund, in whole or in part, shall not prevent the claimant from pursuing any other remedy at law against the geothermal permittee and State of Hawai`i." SECTION 13. Chapter 6, article 1, section 6-3, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read: "Section 6-3. Referral to planning commission. [(a)] Before final action is taken by the council, the application and related maps and documents will be referred to either the windward or leeward planning commission [whie sly] , or both acting jointly, as provided in the Charter. The designated planning commission, or joint commission, shall: (1) Study the proposed project in relation to any zoning ordinances, statutes, general plan, and policies and rules and regulations of the planning commission. (2) Conduct a public hearing on the application, pursuant to provisions governing public hearings under this Code. (3) Submit its recommendation to the council." SECTION 14. Chapter 6, article 3, section 6-27, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read: "Section 6-27. License application; initial; transfer. (a) Application for an initial mobile home park license shall be filed with and issued by either the windward or leeward planning commission[...], or both acting jointly, as provided in the Charter. The application shall be in writing, signed by the applicant and shall include the following: (1) The name and address of the applicant; (2) The location and legal description of the mobile home park; and (3) [A eertifieate of " a from the State depa me t of health she,,,ing . plia ee with ehapter- 15, publie health fegula+ions, department of health; and (4)] Such further information as may. be requested by the designated planning commission., or joint commission, to enable it to determine if the proposed park will be compatible with existing and proposed land uses and complies with all legal requirements. (b) If the applicant is of good moral character, and the proposed mobile home park will, -when constructed or altered in accordance with such plans and specifications, be in compliance with all provisions of this article and all other applicable statutes, ordinances, and regulations, the designated planning commission, or joint commission, may approve the application, and upon completion of the park according to the plans shall issue the license. A ruling by the joint commission shall require the affirmative vote of a majority of the combined membership of both commissions. 7