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HomeMy WebLinkAboutORD 1973-577BILL N0. 991 COUNTY OF HAWAII - STATF ~1F HAWAII ORDINANCE NO. r'~s>*v ~? , AN ORDINANCE GIVING THE MAYOR OF THE COUNTY OF fIAWAII Ei+fE;RGENCY POWERS TO WAIVE CERTAIN REQUIREMENTS AS PROVIDED BY ORDINANCE NOS. 63 AND 501, RFIVISED ORDIPIANCES OF THE COUNTY OF HAWAII 1967, AS AMENDED. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Emergency Ordinance. This ordinance is an emergency ordinance necessitated by the damages incurred by the people of the County of Hawaii due to the earthquake occurring on April 26, 1973. 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 of the requirements of Ordinance Nos. 63 and 501, Revised Ordinances of the County of Hawaii 1967, as amended, will impose unnecessary and unwarranted hardships upon the people of the County of Hawaii. This ordinance is adopted pursuant to Section 3-12, County Charter, County of Hawaii, in order to diminish the difficulties and hardships which would result from insistence upon strict compliance with Ordinance Nos. 63 and 501, Revised ordinances of the County of I3awaii 1967, as amended. SECTION 2. Purpose. To afford any person, partnership, or corporation in the County of Hawaii that was affected by the April 26, 1973 earthquake centered at Honomu, Hawaii, the opportunity to rebuild damaged structures and buildings without having to strictly comply with all of the requirements of Ordinance Nos. 63 and 501, Revised Ordinances of the County of Hawaii 1967, 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 April 26, 1973 earthquake. SECTION 4. The P4ayor of the County of Hawaii through his designated representatives shall have the power to waive certain requirements of Ordinance Nos. 63 and 501, Revised Ordinances of the County of Hawaii 1967, as amended, including but not limited to structural, setback and parking requirements. SECTION 5. No waiver granted shall be used to construct a non-conforming building; provided, however, that if a building or structure was non-conforming with respect to ordinance requirements prior to April 26, 1973, the TAayor 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 non-conformance with Ordinance Nos. 63 and 501 of the County of Hawaii 1967, as amended. SECTION 6. Revocation of Waivers. All waivers issued pursuant to this ordinance shall be subject to revocation at any time for non-compliance with the conditions and safeguards attached thereto, or for non-compliance 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. The Mayor shall cease to issue any waivers pursuant to this ordinance sixty (60) days after the effective date of this ordinance. -2- SECTION 9. This ordinance shall take effect upon its approval. INTROD/UCED BY: COUNCILMAN, COUNTY O HAWAII Hilo, Hawaii Date of Introduction: April 27, 1973 Date of Adoption: April 27, 1973 Effective Date: April 27, 1973 -3- Hilo, Hawaii Date: April 27, 1973 Adoption -@R6~-READiNQ AYES NOES A/E Car enter X De Luz X Farias X Fujii g Hisaoka X Kawahara X Matayoshi X Yadao X Chr. Yamada X Date: SECOND & FINAL READING AYES NOES A/E Carpenter De Luz Farias Fujii Hisaoka Kawahara Matayoshi Yadao Chr Yamada Publication Date: May 2, 1973 Publication Date: We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. ~ T~ this_~~-~_day of Bill No. 991 Reference:- M.B. No. ~q/ . Ord. No. 5 7 ~ Moyor, Counry of Hawaii ORDINANCE NO. 577 (Bill No. 991-1973) AN ORDINANCE GIVING THE MAYOR OF THE COUNTY OF HAWAII EMERGENCY POWERS TO WAIVE CERTAIN REQUIREMENTS AS PROVIDED BY ORDINANCE NOS. 63 AND 501, REVISED ORDINANCES OF THE COUNTY OF HAWAII 1967, AS AMENDED. Date Approved: April 27, 1973 Date Effective: April 27, 1973 Copies of the foregoing Ordinance, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Ordinance was adopted at the meeting of the County Council on April 27, 1973, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Farias, Fujii, Matayoshi, Yadao and Chairman Yamada - 7. NOES: None. ABSENT AND EXCUSED: Councilmen Hisaoka and Kawahara - 2. ,,t ~'. F~`v'. Arw EMEROHNCY ppppWLR Tpp WkIME CE hTAIN LlLV{L~MHNTS AS PROYIOLD •EY O13OIIMNCE NOl. O AND lOl, REVISED DEDINANCES OF THE CW NTV OF -HAWAII 1K1. AS AMENDED. -. 015 Ap-OYMI: 'Apfll ~Sl, lAS OMR L~NtlIYY ASYII 91~ lm. CSPIN 01 Nr1~ NrMpI1Nl OYSlnwla, In HYI. Ra OR HNYI NY1 LNkSM ~ OlM1Y C.INII. IUI YN N4 ~ ~ ~ pNlic. '^`., ' ! ~ !! 7 ~.~-'.. ' COUNTY CLERK COUNTY OF HAWAII