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Home My WebLink AboutORD 2007-001 2006-2008COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. 07 ~ 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 By operation of law, the authority granted to the Mayor under the emergency ordinance stands repealed effective December 24, 2006.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. Nonconformina Buildinas 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. Aooeal. 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 IvX~13TBER, QbXJN"n' CAF HAWP+I`I t-~ilo,Hawai'i Date of Introduction: Decanter 20, 2006 Date of 15~ Reading: Decanter 20, 2006 Date of 2nd ReadSng: January 4, 2007 Effective Date: January 19, 2007 , i:i:~E~`C~: Comm. 2 1 -~---~- - OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: Date Introduced: First Reading: Published: REMARKS: Pete Hoffmann December 20, 2006 December 20, 2006 N/A Second Reading: January 4, 2007 To Mayor: January 9, 20 07 Returned: January 19, 2007 Effective: January 19, 2007 Published: January 31, 2007 REMARKS: ;`._... - ~'~1JHI~ A V ~ ~ AYES. .NOES. ABS EX Ford K';~;[ ,~;~ Higa X Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Ford X Higa X Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 8 0 1 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County indicated above. APPROVED AS TO FORM AND LEGALITY: COON L~ ./ ~ DEPUTY CORPORATI CO SEL COUNTY OF HAWAII ~/ COUNTY C Date/'/ ~ Bill No.: +'t' Reference: pprov Disapproved [his (q daY nn--~~ Ord No.: of J , 20~. OR, COU Y OF H Council published as 8 C-21/Council 07 l Ordinances Numbered 07-1, 07-2, 07-3, and 07-4 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on January 19, 2007, by vote, as listed below: Ordinance 07-1 (Bill 8): 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. AYES: Council Members Pord, llceda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chairman Hoffmann- 8; NOES: None; ABSENT & EXCUSED: Council Member Higa- 1. Ordinance 07-2 (Bill 147, Draft 2): An Ordinance Amending Chapter 15, Article 1, Section 15-7; of the Hawaii County Code 1983 (2005 Edition), Relating to Parks and Recreation. AYES: Council Members Ford, llceda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chairman Hoffinann - 8; NOES: None; ABSENT & EXCUSED: Council Member Higa- 1 Ordinance 07-3 (Bill 364): An Ordinance to Amend Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2002 AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chairman Hoffmann - 8; NOES: None; ABSENT & EXCUSED: Council Member Higa- 1. Ordinance 07-4 (Bill 365, Draft 2): An Ordinance Amending Chapter 14, Article 4, 1-[awai`i County Code 1983 (2005 Edition), Relating to Smoking in Certain Places in the County of Hawaii. AYES: Council Members Ford, llceda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chairman Hoffmann - 8; NOES: None; ABSENT & EXCUSED: Council Member Higa-1 Cas( ey`Jarm'a/~ County Clerk (I lawai`i Tribune-Herald-January 31, 2007) (West Hawaii Today -January 31, 2007) Note: The original Digest/Affidavit is attached to Ordinance No. 07-1. Harvai'i County is an Ggual Opportunity Provider and Employer