2018-07-02 - Lava Third Supplementary Emergency Proclamation

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WHEREAS, on May 30, 2018, the Mayor of the County of Hawaii issued Mayor's Emergency Rule #1 restricting access to the area containing Kapoho Beach Lots, Vacationland and Kapoho Farm Lots; and WHEREAS, on May 31, 2018, the Mayor of the County of Hawaii issued a Mandatory Evacuation Order for identified areas within the Leilani Estates subdivision; and WHEREAS, the United States Geological Survey (USGS) Hawaii Volcano Observatory (HVO), cannot project an end date to this eruptive event and has noted that previous eruptive events in the area have lasted for several months; and WHEREAS, as of this date, the eruption has inundated over 6,000 acres of land and destroyed over 600 structures; and WHEREAS, due to the ongoing eruption's increasing areas of inundation, I have determined that it is necessary to supplement and expand my May 22, 2018 Supplementary Emergency Proclamation related to real property tax assessments in those areas described as Leilani Estates, Lanipuna Gardens, Pohoiki Bay Estates and Kapoho Estates to, include a larger area; and WHEREAS, Section 127A -13(b)(1), Hawaii Revised Statutes, provides that during the emergency period, the Mayor may "[rjelieve-hardship and inequities, or obstruction to public health, safety, or welfare, found by the mayor to exist in the laws of the county and to result from the operation of federal programs or measures taken under this chapter, by suspending the county laws in whole or in part, or by alleviating the provisions of county laws on such terms and conditions as the Mayor may impose..."; and WHEREAS, Section 19-68 (a)(3), Hawaii County Code, states that homeowners' exemptions are to be applied at least one-half year after the approval of that exemption;' and WHEREAS, I find that homeowners that are able to relocate from the affected area not being able to have their homeowner s exemption relocate with them until one- half year later places an unnecessary hardship and inequity upon them; and WHEREAS, to relieve hardship and inequity, for those persons who have relocated from the affected area due to uninhabitability or isolation to a new property which they intend to own and occupy as a principal home or residence, the period for claiming and applying a home owner exemption must be suspended; and NOW, THEREFORE, I, Harry Kim, Mayor of the County of Hawaii, do hereby proclaim and declare that a state of emergency exists due to threat of imminent disaster on the Hawaii Island, effective .0730 ., Jw1� 2 A0/6, and continuing thereon for 60 days or until further act by this office. I 2