HomeMy WebLinkAboutBIL 359 Draft 01 2004-2006 -y,;+r w
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COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 359
ORDINANCE NO.
AN EMERGENCY ORDINANCE GIVING THE MAYOR OF THE COUNTY OF HAWAII
EMERGENCY POWERS TO WAIVE CERTAIN REQUIREMENTS AS PROVIDED BY
CHAPTERS 3 (ADVERTISING & SIGNS), 5 (BUILDING), 9 (ELECTRICITY), 17
(PLUMBING), 20 (WAIVER OF TIP FEES FOR LANDFILL FOR EMERGENCY
DEBRIS), 22 (STREETS & SIDEWALKS), AND 25 (ZONING) OF THE HAWAII
COUNTY CODE
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION I. Emergency Ordinance. This is an emergency ordinance
necessitated by the damages incurred by the people of the County of Hawaii due to the
earthquake occurring on October 15, 2006. As a result of said earthquake, many
structures and buildings were damaged. This ordinance recognizes that there is a
pressing need to make repairs and to reconstruct buildings and structures so damaged
as a result of the earthquake. To impose all the requirements of Chapters 3, 5, 9, 17,
20, 22 and 25 of the Hawaii County Code (as amended), wi11 impose unnecessary and
unwarranted hardships upon the people of the County of Hawaii.
This ordinance is adopted pursuant to Section 3-11, County Charter, County of
Hawaii, in order to diminish the difficulties and hardships which would result from
insistence upon strict compliance with Chapters 3, 5, 9, 17, 20, 22 and 25 of the Hawaii
County Code (as amended).
.SECTION 2. Purpose. To afford any person, partnership, or corporation in the
County of Hawaii that was affected by the October 15, 2006 earthquake the opportunity
to repair signs, driveway approaches, sidewalks and other private improvements and to
rebuild damaged structures and buildings without having to strictly comply with all
requirements of Chapters 3, 5, 9, 17, 20, 22 and 25 of the Hawaii County Code
(as amended).
SECTION 3. Applicability. This ordinance shall be applicable only to those
persons, partnerships, and corporations, which buildings or structures were directly
affected by the October 15, 2006 earthquake.
SECTION 4. Powers Granted. The Mayor of the County of Hawaii, through his
designated representatives, shall have the power to waive certain requirements of
Chapters 3, 5, 9, 17, 20, 22 and 25 of the Hawaii County Code (as amended), including
but not limited to permit fee, structural, setback and parking requirements. The Mayor
shall cease to issue any waivers pursuant to this ordinance sixty (60) days after the
effective date of this ordinance.
SECTION 5. Nonconforming Buildings and Structures. No waiver granted shall
be used to construct a nonconforming building; provided, however that if a building or
structure was nonconforming with respect to ordinance requirements prior to October
15, 2006, the Mayor shall have the power to waive ordinance requirements with respect
to those buildings if doing so does not enlarge the extent to which such buildings are in
nonconformance with Chapters 3, 5, 9, 17, 20, 22 and 25 of the Hawaii County Code
(as amended).
SECTION 6. Revocation of Waivers. All waivers issued pursuant to this
ordinance shall be subject to revocation at any time for noncompliance with the
conditions and safeguards attached thereto, or for noncompliance with this ordinance.
SECTION 7. Appeal. Any action taken by the Mayor pursuant to this ordinance
may be appealed to the County Council.
SECTION 8. Duration. This ordinance, including any amendments made after
adoption, shall automatically stand repealed as of the 61St day following the date of
adoption of the original ordinance.
SECTION 9. Effective Date. This ordinance shall take effect upon its approval.
INTRODUCED BY:
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NCIL MEMBER, COUNTY HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1S` Reading:
Effective Date:
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