2023-09-11 Mayor's Waipio Valley 7th Amended Traffic Emergency Zone Declaration and 7th Waipio Valley Road Declaration of Emergency (002)

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Seventh Amended Traffic Emergency Zone Declaration and Seventh Waipro valley Road Declaration of Emergence Pave 3 of 4 WHEREAS, on February 25, 2022, a Traffic Emergency Zone Declaration was established for the Waipi'o Valley Road ("Traffic Declaration") and the Mayor's Waipi'o Valley Road Emergency Rule No. 1 ("Emergency Rules") were issued to regulate use of Waipi'o Valley Road. WHEREAS, following issuance of the Traffic Declaration and Emergency Rules, the County held public meetings, received comments from the community, responded to lawsuits, clarified certain findings made in the Summary Report, and retained Hale), & Aldrich 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 has 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 September 19, 2022, a First Waipi'o Valley Road Declaration of Emergency was established for the Waipi'o Valley Road (" Declaration of Emergency"). WHEREAS, effective September 19, 2022. an Amended Traffic Zone Declaration was established for the Waipi'o Valley Road ("Traffic Declaration"). WHEREAS, the Traffic Declaration and Declaration of Emergency have remained in effect pursuant to the 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"), effective November 14, 2022; Third Amended Traffic Emergency Zone Declaration and Third Waipi'o Valley Road Declaration of Emergency, effective January 13. 2023; Fourth Amended Traffic Emergency Zone Declaration and Fourth Waipi'o Valley Road Declaration of Emergency, effective March 14. 2023; Fifth Amended Traffic Emergency Zone Declaration and Fifth Waipi'o Valley Road Declaration of Emergency, effective May 13, 2023 and Sixth Amended Traffic Emergency Zone Declaration and Sixth Waipi'o Valley Road Declaration of Emergency, effective July 12, 2023 (collectively "Traffic and Road Emergency Declarations"). WHEREAS, pursuant to the Declaration of Emergency and 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").