2023-03-10 Waipio Fourth Amended Traffic Emergency Zone Declaration (final)

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Fourth Amended Traffic Emergency Zone Declaration and Fourth Waipi`o Valley Road Declaration of Emergency Page 3 of 4 WHEREAS, following issuance of the Traffic Declaration and Emergency R.Iles, the County held public meetings, received comments from the community, responded to lawsuits, clarified certain findings made in the Summary Report, and retained Haley & Aldricl to conduct further geotechnical studies to recommend remediation measures necessary to improve the dangers presented by the current condition of Waipi`o Valley Road. WHEREAS, HRS §127A-14 authorizes the mayor to declare an emergency h as occurred. WHEREAS, HRS §127A-2 defines an emergency to include an occurrence which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. WHEREAS, HRS §127A-14(c)vests the mayor with sole authority to judge the existence of the danger, threat, or circumstances giving rise to a declaration of a state of emergency. WHEREAS, effective on September 19, 2022 a First Waipi`o Valley Road Declaration of Emergency was established for the Waipi`o Valley Road ("First Declaration of Emergency"). WHEREAS, effective on September 19, 2022, an Amended Traffic Zone De(;laration was established for the Waipi`o Valley Road ("Amended Traffic Declaration"). WHEREAS, effective November 14, 2022, a Second Amended Traffic Emergency Zone Declaration and Second Waipi`o Valley Road Declaration of Emergency were established for the Waipi`o Valley Road ("Second Amended Declarations"). WHEREAS, pursuant to the First Declaration of Emergency and Amended Traffic Declaration, Emergency Rule No. 2 and Emergency Rule No. 1 were issued on September 15, 2022, with an effective date of September 19, 2022. WHEREAS, pursuant to the Second Amended Declarations, the Mayor's Waipi`o Valley Road Continued Emergency Rule No. 2 and Emergency Rule No. 1 were issued, effective November 14, 2022 ("Emergency Rules"). WHEREAS, the conditions giving rise to the Second Amended Declarations and Emergency Rules still exist. NOW, THEREFORE, I, MITCHELL D. ROTH, Mayor of the County of Hawaii, do hereby proclaim and declare a traffic emergency zone for Waipio Valley Road due to the substantial danger to the health, safety, and welfare of the people which is or is highly likely to be caused by the temporary closure of, or the lack of adequate access to Waipio Vall-.y Road. The Second A;nended Traffic Emergency Zone Declaration remains effective; September 19, 2022, continuing thereon until February 25, 2027, unless further amended, terminated, or superseded by a separate proclamation, whichever shall occur first.