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Home My WebLink AboutORD 2008-057 2006-2008COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII 08 5'7 BILL NO. 209 (Draft 4) AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 15, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE IMPOSITION OF ADMINISTRATIVE FINES FOR VIOLATIONS OF THE COUNTY CODE OF ETHICS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 2, article 15 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by adding a new section to be appropriately designated and to read as follows: "Section 2- .Administrative fines. (al Where an administrative fine has not been established for a violation of a provision of this article, anv County officer who violates a provision of this article shall be subject to an administrative fine imposed by the board of ethics that shall not exceed $1,000 for each violation. All fines collected under this section shall be deposited in the County's Qeneral fund. (b) No fine shall be assessed pursuant to this section unless: (1) The requirements of Chapter 91 and Section 46-1.5(24), of the Hawaii Revised Statutes, as amended, have been met; and (2) A decision has been rendered by the board. (c) For pumoses of this section, "County officer" means the following_ (1) Mayor and members of the council. (2) Andperson elected or appointed as administrative head of an~eencv or d~artment of the County or appointed as a member of anv board or commission provided for in the charter or code. (3) Anyperson appointed by a board or commission as the administrative head of anv aeencv or department of the county. (4) Executive assistants appointed by the mayor. (5) The deputy appointed by the administrative head of anv aeencv or department of the count (6) Assistant or deputies of the corporation counsel and prosecuting attomey." SECTION 2. This provision does not affect rights and duties that matured, penalties that were incurred, and proceedings that were initiated prior to the effective date of this ordinance. SECTION 3. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 4. 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 5. This ordinance shall take effect upon the date that the board of ethics formally adopts rules and procedures relating to the imposition of administrative fines, pursuant to Chapter 91, Hawaii Revised Statutes. BY: U~--~ COUNCIL MEMBER, C HAWAII Kona , Hawaii Date of Introduction: Date of 151 Reading: Date of 2nd Reading: January 24, 2008 February 6, 2008 April 22, 2008 Effective Date: See Section 5 of this ordinance ~.. ~ u.ilvCEc Cortrq: 870~12~~~ OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii Introduced B~: _ Dominic Yagong Date Introduced: January 24, 2008 First Reading. February 6, 2008 Published: February 16, 2008 R6~1~1.1 RtiS January 2 •t, 2008 - Postponed; February 2L, 2008 - Amended to Draft 3 & held Darr pursuant to Council Rule 25(e); March 12 s 25, 2008 - Postponed; April. 9, ."i08 - Amended to Draft 3 & held e'er pursuant to Council Rule 25(e). Second Keud in~_ April 22, 2008 To Ma~~s- April 30 , 2008 Returned: May_-9,_ 2008 Ltlective: See Section 5 of this ordinance Published- May 15 ~ 2008 (Draft 2) r~.- --7 L C V T AYES NOES ABS EX Ford ` X= . Higa ~ ' E" Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 6 2 1 0 ROLL CALL VOTE AYES NOES ABS EX Ford X Higa X Hoffmann X lkeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 8 0 1 0 I DO Ill;kh:8 } (~HHTIFY shat the Joregodng BILL was adopted 6y the County Council published as 1l7[Ilc'Cfl Ccl tlh~,Pe. APPROVED AS TO ~ _~ FORM AND LEGALITY: /Jj~„ ,,,~ _ COUNCIL CHA/RMAN DEPUTY CORPORATION COUNSEL ~~ ~~~ COUNTY OF HAWAII MAY 0 2 2008 COUNT LEBhc 209 (Draft 4) Bill No.: -I/~/ntn~ cl 1)rxq~prm'c'c(llv~s_,_ ~~ . [lay of _ M _ , 20 0~ ~~~ L 1,~11'OR., ~'v'l Y l)F HAN A17 C-870.12/FC-211 Reference: Ord No.: oU 57 Ordinances Numbered 08-57, 08-58, 08-59, 08-60, 08-61, 08-62, 08-63, 08-64, 08-65, 08-66, 08-67, 08-68, 08-69, 08-70 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on Apri122, 2008, by vote, as listed below: Ordinance 08-57 (Bi11209, Draft 4): An Ordinance Amending Chapter 2, Article 15,.of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to the Imposition of Administrative Fines for Violations of the County Code of Ethics. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 8; NOES: None; ABSENT: Council Member Higa -1; EXCUSED: None. Ordinance 08-58 (Bi11235, Draft 4): An Ordinance Amending Ordinance No. 96-7 by Amending the Portion of Condition M.4 Relating to the Construction of a Barricade or Breakaway Gate to Prevent the Use of Haleki'i Street as a Vehiculaz Thoroughfare Prior to the Opening of the Entire Mamalahoa Bypass. Ordinance No. 96-7 Reclassified Lands from Unplanned (lJ) to Agricultural 1-Acre (A-la) at Honuaino 3`a and 4a', Hokukano 1" and 2"a, Haleki`i, Keekee 1~' and 2"a, Ilikahi, Kanakau 1"and 2"a, Kalukalu 1", 2"a and 3`a, and Onouli 1", North and South Kona, Hawaii, Covered by Tax Map Key: 7-9-12:4 Bc 11; 8-1-4:3, 7, 65 & 68; 8-1-27:16, 2Q, 21, 27-43; 8-1-28:9, 10, 19-28, 3Q 44-47; 8-1-30:1-3, S-9, 12-53; 8-1-32:1-54; 8-1-33:1-20; 8-1-34:1-25 (formerly 7-9-12: Portion of 3, 4 & 11 and 8-1-4: Portion of 3), and Included a Condition M.4 Stating that a Barricade or Breakaway Gate Meeting with the Requirements of the Department of Public Works, Shall be Installed by the Applicant as Part of the Required Haleki' i Street Improvements, the Purpose of this Condition Being to Prevent the Use of Haleki'i Street as a Vehicular Thoroughfare Between the Existing Mamalahoa Highway and a Portion of the Mamalahoa Highway Bypass Until the Entire Proposed Mamalahoa Highway Bypass Between the Approximate Vicinity of Keauhou and Captain Cook has been Completed and Opened for General Public Use. AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann - S; NOES: Council Members Higa and Ikeda - 2; ABSENT: Council Members Naeole and Yoshimoto - 2; EXCUSED: None. Ordinance 08-59 (Bi11236, Draft 4): An Ordinance Amending Ordinance No. 96-8 by Amending the Portion of Condition L.4 Relating to the Construction of a Barricade or Breakaway Gate to Prevent the use of Haleki` i Street as a Vehicular Thoroughfare Prior to the Opening of the Entire Mamalahoa Bypass. Ordinance No. 96-8 Reclassified Lands from Agricultural S-Acre (A-Sa) and Unplanned (IJ) to Agricultural 1-Acre (A-la) at Honuaino 3`a and 4a', Hokukano 1" and 2"a Kanaueue ]s` and 2"a, Haleki'i, Keekee 1" and 2"a, Ilikahi, Kanakau Is' and 2"a, Kalukalu 1" 2"a and 3`a, and Onouli 1", North and South Kona, Hawaii, Covered by Tax Map Key: 7-9-12:4, 6, 9, 29; 8-1-4: 3, S6, 59-62, 64, 70; 8-1-26:1-3, 5-9, 11-57; 8-1-27:1-15, 17-26, 33-38, 43; 8-1-28:1-3, 7-18, 28-38, 40-43; 8-1-29:1, 2, 4, 6-46, 53-59, 62, 63; 8- 1-30:1-9, 49, 51 (formerly 7-9-6: Portion of 1, 7-9-12: Portions of 3 and 4 and 8-1-4: Portion of 3), and Included a Condition L.4 Stating that a Barricade or Breakaway Gate Meeting with the Requirements of the Department of Public Works, Shall be Installed by the Applicant as Part of the Required Haleki'i Street Improvements, the Purpose of this Condition Being to Prevent the use of Haleki'i Street as a Vehicular Thoroughfare Between the Existing Mamalahoa Highway and a Portion of the Mamalahoa Highway Bypass until the Entire Proposed Mamalahoa Highway Bypass Between the Approximate Vicinity of Keauhou and Captain Cook has been Completed and Opened for General Public Use. AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann - S; NOES: Council Members Higa, Ikeda, and Naeole - 3; ABSENT: Council Member Yoshimoto - 1; EXCUSED: None. Ordinance 08-60 (Bill 240): An Ordinance Amending Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9;NOES: None; ABSENT: None; EXCUSED: None. Ordinance OS-61 (Bi11248, Draft 2): An Ordinance Amending Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-62 (Bill 249, Draft 2): An Ordinance Amending Chapter 24, of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimotq and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-63 (Bi11250): An Ordinance Amending Chapter 24 of the Hawaii County Code 1983 (2005 Edition) Relating to Vehicles and Traffic. AYES: Council Members Higa, Ikeda, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 6; NOES: Council Members Ford and Jacobson - 2; ABSENT: Council Member Naeole - 1; EXCUSED: None. Ordinance 08-64 (Bill 251, Draft 3): An Ordinance Amending Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. AYES: Council Members Ford, Jacobson, Pilago, Yagong, Yoshimoto, and Chau Hoffmann - 6; NOES: Council Member Ikeda- 1; ABSENT: Council Members Higa and Naeole - 2; EXCUSED: None. Ordinance 08-65 (Bi11255): An Ordinance Amending Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Single Family Residential - 15,000 Square Feet (RS-15) to Single Family Residential - 10,000 Square Feet (RS-]0) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-4- 010:031. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chau Hoffmann - 8; NOES: None; ABSENT: Council Member Higa - 1; EXCUSED: None. Ordinance 08-66 (Bi11265): An Ordinance Amending Chapter 25, Article 2, Division 3, Section 25-2-35, Hawaii County Code, 1983 (2005 Edition) Relating to Administrative Enforcement. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance OS-67 (Bill 267): An Ordinance Amending Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann - 8; NOES: None; ABSENT: Council Member Yoshimoto - 1; EXCUSED: None. Ordinance 08-68 (Bi11268): An Ordinance to Amend Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 3Q 2008. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann - 8; NOES: None; ABSENT: Council Member Yoshimoto - 1; EXCUSED: None. Ordinance OS-69 (Bi11277): An Ordinance to Amend Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-70 (Bill 278): An Ordinance Amending Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July I, 2007 to June 30, 2008. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. ~`rb .^CaseyJarman l~f_ County Clerk (Hawai`i Tribune-Herald -May I5, 2008) (West Hawaii Today -May 15, 2008) Note: The original DigesUAffidavit is attached to Ordinance No. 08-57