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HomeMy WebLinkAboutORD 2007-113 2006-2008 Mtn or COUNTY OF HAWAII STATE OF HAWAII ~•1i~ Oi~Mr~`' BILL NO. 116 ORDINANCE NO. ~`7 113 AN ORDINANCE AMENDING CHAPTER 5, ARTICLE 1, SUBSECTION 5-1.0.12(d) (BUILDING), CHAPTER 9, ARTICLE 5, DIVISION 2, SECTION 9-42 (ELECTRICITY), AND CHAPTER 17, ARTICLE 2, DIVISION 5, SECTION 17-28 (PLUMBING), HAWAII COUNTY CODE 1983 (2005 EDITION), AS AMENDED, TO EXEMPT HABITAT FOR HUMANITY CONSTRUCTION PROJECTS FROM BUILDING, ELECTRICAL, AND PLUMBING PERMIT FEES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION L The Housing Element of the Hawaii County General Plan (enacted as Ordinance No. OS-25) clearly states that a policy of the County of Hawaii shall be to "continue to review codes and ordinances for overly stringent restrictions that may impose unnecessary hardship and adopt amendments if warranted" and to "work with, encourage and support private sector efforts in the provision of affordable housing." Habitat for Humanity Hilo and Habitat for Humanity Kona are Hawaii 501(c)(3) nonprofit corporations that work with economically disadvantaged people to provide affordable housing units in the County of Hawaii. The County Council finds that exempting Habitat construction projects from the requirement to pay building, electrical, and plumbing permit fees will reduce costs for the Habitat participants who will occupy these affordable homes. Penalty fees which may be assessed on Habitat projects are specifically excluded from the permit fee exemptions. SECTION 2. Chapter 5, article 1, subsection 5-1.0.12(d), Hawaii County Code 1983 (2005 edition), as amended, relating to "Exemption," is amended to read as follows: "(d) [£vicernptien} Exemptions. The County, all agencies of the County, and contractors with the County, shall be exempt from the requirement of paying any permit fee. Habitat for Humanity Hilo and Habitat for Humanity Kona shall be exempt from the requirement of paying any permit fee. This exemption shall not apply to penalty fees when required under this chapter." SECTION 3. Chapter 9, article 5, division 2, section 9-42, Hawaii County Code 1983 (2005 edition), as amended, relating to "County exception," is amended to read as follows: "Section 9-42. Permit fee exemptions. The County and all contractors performing work under authority of the County shall be exempt from the requirements to pay permit fees. Habitat for Humanity Hilo and Habitat for Humanity Kona shall be exempt from the requirement of paving anv permit fee. This exemption shall not apply to penalty fees when required under this chapter. SECTION 4. Chapter 17, article 2, division 5, section 17-28, Hawaii County Code 1983 (2005 edition), as amended, relating to "Permit fees," is amended by adding a new subsection (d) to read as follows: Habitat for Humanity Hilo and Habitat for Humanity Kona shall be exempt from the requirement of paving anv permit fee, except for fees imposed pursuant to subsection (b), when applicable. This exemption shall not apply to penalty fees when required under this chapter. " SECTION 5. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 6. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 7. This ordinance shall take effect on its approval. ODUCED BY: C CIL ME~ I ER, CO Y OF AWAI' Hilo ,Hawaii Date of Introduction: July 25, 2007 Date of 1st Reading: July 25, 2007 Date of 2nd Reading: August 22, 2007 Effective Date: September 7, 2007 REFCFENCE: Comm: 49, 1~~ 2 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: Pete Hoffmann ; _RQk~Cr V ~ Date Introduced: July 25, 2007 AYES NOES ABS ~ EX First Reading: July 25, 2007 Ford X. Published: N/A Higa X~~~' Hoffmann X RE.M.4RKS: Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 9 0 0 0 Second Reading: August 22, 2007 To Mayor: August 30, 2007 ROLL CALL VOTE Returned: September 12, 2007 AYES NOES ABS EX Effective: September 7, 2007 Ford X Published: September 20, 2007 Higa X Hoffmann X ItLM.aRK.S Ikeda X - Jacobson X Naeole X Pilago X - Yagong X Yoshimoto X 7 0 2 0 l UO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as irrclicuted ahnve. ~ APPROVED AS TO FORM AND LEGALITY: NC! C AIR/ AN DEPUTY P~COUNSEL ~ ~ -r7 COUNTY OF HAWAI`1 ~~'~-'~i` ~~~~t-~~~~ COUNTY C~El~K Date `~~9/'7 Bill No.: 116 yo.. C-491/PWIRC-27 Approve Disapproved this ~ day Reference: ~,I ,SP:,p~¢MM1~S~ ( , 20, 6~_. OrdNo.: .~.13 C J tiA OR, C YOFHAWAI7