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WHEREAS, following issuance of the Traffic Declaration and Emergency Rules, the
<br /> County held public meetings, received comments from the community, responded to lawsuits,
<br /> clarified certain findings made in the Report, and retained Haley & Aldrich to conduct further
<br /> geotechnical studies to recommend remediation measures necessary to improve the dangers
<br /> presented by the current condition of Waipi`o Valley Road.
<br /> WHEREAS, HRS §127A-14 authorizes the mayor to declare an emergency has occurred.
<br /> WHEREAS, HRS §127A-2 defines an emergency to include an occurrence which results
<br /> or may result in substantial injury or harm to the population or substantial damage to or loss of
<br /> property.
<br /> WHEREAS, HRS §127A-14(c) vests the mayor with sole authority to judge the existence
<br /> of the danger, threat, or circumstances giving rise to a declaration of a state of emergency.
<br /> WHEREAS, effective on September 19, 2022 a First Waipi`o Valley Road Declaration of
<br /> Emergency was established for the Waipi`o Valley Road ("First Declaration of Emergency").
<br /> WHEREAS, effective on September 19, 2022, an Amended Traffic Zone Declaration was
<br /> established for the Waipi`o Valley Road("Amended Traffic Declaration").
<br /> WHEREAS, pursuant to the First Declaration of Emergency and Amended Traffic
<br /> Declaration, Emergency Rule No. 2 and Emergency Rule No. 1 were issued on September 15,
<br /> 2022, with an effective date of September 19, 2022.
<br /> WHEREAS, the conditions giving rise to the Traffic Emergency Zone Declaration, the
<br /> Amended Traffic Declaration and the First Declaration of Emergency still exist.
<br /> NOW, THEREFORE, I, MITCHELL D. ROTH, Mayor of the County of Hawaii, do
<br /> hereby proclaim and declare a traffic emergency zone for Waipio Valley Road due to the
<br /> substantial danger to the health, safety, and welfare of the people which is or is highly likely to
<br /> be caused by the temporary closure of, or the lack of adequate access to Waipio Valley Road.
<br /> The Amended Traffic Declaration remains effective September 19, 2022, continuing
<br /> thereon until February 25, 2027, unless further amended, terminated, or superseded by a separate
<br /> proclamation, whichever shall occur first.
<br /> NOW, THEREFORE, I MITCHELL D. ROTH, Mayor of the County of Hawaii do,
<br /> further, proclaim and declare that an emergency has occurred effective November 14, 2022, and
<br /> continuing to January 13, 2023.
<br /> NOW, THEREFORE, the Mayor's Waipi`o Valley Road Emergency Rule No. 2 and
<br /> Emergency Rule No. 1 shall remain in effect.
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