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HomeMy WebLinkAboutBIL 008 Draft 01 2006-2008 MTr or N,~ COUNTY OF HAWAII STATE OF HAWAII q or~x~'~' BILL NO. s ORDINANCE NO. AN ORDINANCE GIVING THE MAYOR OF THE COUNTY OF HAWAII THE AUTHORITY 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. Purpose. This is an 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), will impose unnecessary and unwarranted hardships upon the people of the County of Hawaii. This Council previously adopted an emergency ordinance 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). By operation of law, the authority granted to the Mayor under the emergency ordinance stands repealed effective December 24, 2006. Due to the length of time required to get assessments of earthquake damage, engineering reports and to contract for repairs, many residents who sustained damage to their properties have been unable to take advantage of the emergency ordinances waivers of fees. The purpose of this ordinance is to extend the time previously granted for waivers in order 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 2. 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 3. 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 two hundred and seventy (270) days after the effective date of this ordinance. SECTION 4. 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 5. 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 6. Appeal. Any action taken by the Mayor pursuant to this ordinance may be appealed to the County Council. SECTION 7. Duration. This ordinance shall automatically stand repealed as of the 271 S' day following the date of adoption. SECTION 8. Effective Date. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL BER, N Y F HAW I`I Hilo, Hawaii Date of Introduction: Date of 1S' Reading: Effective Date: