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HomeMy WebLinkAboutORD 1975-173BILL NO. 194 AMENDED COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE D?0. _1r .3 AN ~pRDID?ANCE GIVING THE !`4AYOR OF THE COUNTY OF HAWAII ETMIERGENCY POW.~RS TO WAIVE' CERTAIN REQUIREMENTS AS PROVIDED BY CHAPTERS 8 AND 15 OF THE HAWAII COUNTY CODE, 1975, AND THE. ENVIRONMENTAL SHO ELINE PROTECTION RULES ARID REGULP.TIONS. BE 'IT ORDAID?ED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Emergency Ordinance. This ordinance is an emergency ordinance necessitated by the damages incurrn_d by the people of t:he County of Flawaii due to the earthquake and high waves occurring on Povember 29, 1975. P.s a result of said earthquake and high waves, many structures and buildings were dam~aed. Phis ordinance recognizes that there is a pressing need t:o make repairs and to reconstruct buildings and structures so damaged as a result of the earthquake and high waves. To impose all of t:he requirements of Chapters 8 and 15 of the Hawaii Cou~ty Code, 1975, and the Environmental Shoreline Protection Runes and P.egu]'_ations, will impose unnecessary and unwarranted harjdships 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 upojn strict compliance with Chapters 8 and 15 of the Hawaii Coujnty Code, 1975, and the Environmental Shoreline Protection Ruljes and Regu:Lations. SECTION 2. Purpose. To afford any person, partnership, or!corporation in the County of Hawaii that was affected. by the November 29, 1975 earthquake centered at Kalapana, Hawaii, and. high waves, the opportunity to rebuild damaged structures anc buildings without having to strictly comply with all of the requirements of Chapters 8 and 15 of the Hawaii County Code, 1975, and the Environmental Shoreline Protection Rules and. Regulations. SECTION 3. Applicability. This ordinance shall be applicable only to those persons, partnerships and corporations, which buildings or structures were directly affected by the November 29, 1975 earthquake and. high waves. SECTION 4. The Mayor of the County of Hawaii, through his designated representatives, shall have the power to waive certain requirements of Chapters 8 and 15 of the Hawaii County Code, 1975, and the Environmental Shoreline Protection Rules anc'. Regulations, including but not limited to structural, setback anc' parking requirements. SECTION 5. DIO 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 November 29, 1975, the Mayor shill 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 8 and 15 of the Hawaii County Code, 1975, and the Environmental Shoreline Protection F.ules and Regulations. SECTION 6. Revocation of Waivers. l.ll waivers issued pux-suant 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 7. Appeal. Any action taken by the Mayor -2- 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 (50) days after the effective date of this ordinance. SECTION 9. This ordinance shall take effect upon its approval. INTRODUCED BY: ~~ ~ . (1~'~./ COUNCIL MEMBER COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: December 3, 1975 Dai.e of Adoption: December 3, 1975 Ef]'_ective Date: December 5, 1975 -3- BILL NO. _ 19~ (AMENDED) COUPdTY OF HAWAII - STATE OF HA6tAII OF.DINANCE NO. r, OFDIA'ANCE GIVITUC- THE t"AYOR OF THE COTJNTY OF HAWAII ETMiE?tCr?8CY ~OWERS TO WAIVE' CERTAIN REQCJIREMENTS AS PP.OVIDED IIY CHAPTERS 8 t'--4?dD 15 O}' THE HAWAII COUNTY CODE, 1975, AtdD TfiE F.,NVIRONMENTAL :{HORELINE PROTECTION RULE'S AND RF,GULATIONS. EGE IT CRDAIN]?D AY THE COUNCIL OF THE COUNTY OF I'iR.WAII: SECTION 1. Emergency Ordinance. This ordinance i.s ar. R~ergency ordinance necessitated by the damages incurred by i~he people of, the County of Hawaii due to the earthquake_ ana. thigh waves occurring on t?ovember 29, 1975. As a res:xlt of said earthquake and high waves, many structures and }'~uil.ding were damaged. This ordinance recognizes that theze is a pressing need to make repairs and to reconstruct. buildings and structures fin damaged as a result of the earthquake and high waves. To ,impose all of. the requirements of. Chapters F, and 15 of ti:e F.awaii County Code, 1975, and the Ftnvironmental Shoreline F.rotection Mules and Regulations, will impose unnecessary and unwarranted hardships upon the peogl.e of the County of tiawaii. This ordinance is adopted pursuant to section ?-12, County Charter, County of Hawaii, in oreier to diminish the difficulties and hardships which would result from insistence. uron strict compliance with Chapters $ and 15 of the Tiawaii County Code,. 1975, and the Environmental Shoreline Protection Rules and Regulations. SECTIOtQ 2. Purpose. T•o af.f_ord any person, partnership, or corporation in the County of Hawaii that was affected. by the *JOVember 29, 1975 earthquake centered at aalapana, izawaii, and hig?i ways, the opportunity to rebuild damageQ structures anc? hn.ldings without having to strictly comply with all of the requirements of Chapters R and 15 of the Hawaii County Code, 1975, and the 1i.nvironmental Shoreline Protection F,ules any? Regulations. SECTIOi7 3. Applicability. This erdinance shall he applicable only to those persons, partnerships and corporations, which buildings or structures were directly affected by the Nrvember 29, 1975 earthquake and high waves. SECTION 4. The Paayor of the County of Hawaii, through his designated representatives, shall have the power to waive certain requirements of Chapters B and 15 of the hawaii County Code, 1975, and the Environmental Shoreline Protection Rules and Regulations, including but not limited to structural, setback and parking requirements. SECTION 5. ko waiver granted shall be used to construct a nonconforming building; provided, however, that if a building or structure was nonconforming with respect to ordinance recsuirenerts prior to November ?.9, 1975, the *aayor 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 f3 and 15 of the Hawaii C:ountV Code, 1975, and the Environmental Shoreline Protection Pules and Regulations. E;CTION 6. Revocation of h'aivers. 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 7. Apneal. Any action taken by the "-+avor. -2- pursuant tc this ordinance may be appealed to the County Council. SP.CTION A. Duration. The Mayor shall cease to issue any waivers pursuant to this ordinance sixty (~~) days after the effective date of this ordinance. 6F,CTION 9, ':`his ordinance shall take effect upon its approval. INTRODUCED BY: COUfuCIL ?`.~'"BER, COU2~TY OF F?rwP.II Hilo, Hawaii Dzte of Introduction: December 3, 1975 Date of P.doption: December 3, 1975 Effective Date: -3- Hilo, Hawaii Date: no.-omt,o,- z t a7S FIRST & FINAL READING 7[l&~7~~sI~M4f3C AYES NOES A/E Carpenter _ De Luz X _ X __~ Fujii X Hisaoka X Kawaharo X Lai X Levin X Yadao 3{ _ _ _ Yamada X __ _ __ __. _ 9 _ Publication Date: Date: SECOND & FINAL READING AYES NOES A/E Carpenter De Luz _ _ Fujii Hisaoka Kawahara Lai Levin Yadao Yamada ---- ---- Publication Date: We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. ~~ ~ . ~ Council Chairman Un o~ County Clerk ~1ti~ Approved/piswppiaVStt'ih is_ ~ _.day of ~~ qq~. Mayor, County of Hawaii Bill No. _ 194y__ amended Reference: ._ .._-. M.B. No. 1~_' ____.._..- ~.., i, Ord. No. _ __ _. _- -- S' ~i~ t '~h \aq G y a~ tin ~y~~~~p'~~1 ~' ° -~ a ~.t~afd~.p led T. Sazub.i s~Q '' // 99 COUNTY C:L[RK ~, j i~..~''°'y'+/~ I ~F- H`` CFFICE C~ THE S:CUNT`K CLEC2t{ COU11ll' L'F HAWAII HILO, YiAt4k.ll 9672^ ~ayo.i: Herbert T. Matayoshi !County of Hawaii ~T-Iilo, Hawaii. Robert Shioji DEPUTY COUNTY CLEkK I heroby transmit Ordinance IIi.l.l No. 194 passed by the County Council on ~~~~ancand tina]. reading. ~_~ o~ COUNTY CLERK Encl. 1~ated: Di:C ~# 19i~ ~,, , BILL NO COUNTY OF HAWAII - STATT' OF HAPIAII ORDINANCE N0. 194 AN ORDINANCE GIVING THE I+IAYOR. OF TfiE COUNTY OF HAWAII E?1EP.GENCY POWERS TO La'AIVE CEP.TAIN RFQLJIRF.PIENTS AS PROVIDED BY CHAPTERS 8 AND 15 OF THE HASaTAII COUNTY CODE, 1975, ANn THE ENVIROND"F.PJTAL SHORELINE PROTECTION RULES AND REGULATIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HP.WPII: SECTIODI 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 November 29, 1975. 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 Chapters 8 and 15 of the Hawaii County Code, 1975, and the Environmental Shoreline Protection Pules and Regulations, 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 iohich would result from insistence upon strict compliance with Chapters 8 and 15 of the Hawaii County Code, 1975, and the Environmental Shoreline Protection Rules and Regulations. SECTION 2. Purpose. To afford any person, partnership, or corporation in the County of fiawaii that was affected by the November 29, 1975 earthquake centered at Kalapana, Hawaii, the opportunity to rebuild damaged structures and buildings without having to strictly comply with all of_ the requirements of Chapters 8 and 15 of the Hawaii County Code, 1975, and the Environmental Shoreline Protection Rules and Regulations. SECTION 3. Applicability. This ordinance shall be applicable only to those persons, partnerships and corporations, which buildings or structures were directly affected by the November 29, 1975 earthquake. :?ECTION 4. The Mayor of the County of Hawaii, through his designated representatives, shall have the power to waive certain requirements of Chapters 8 and 15 of the Hawaii County Code, 1975, and the Environmental Shoreline Protection Rules and Regulations, including but not limited to structural, setback and parking requirements. SECTION 5. L?o waiver granted shall be used to construct a nonconforming building; provided, however, that if a building or structure was nonconforming with respect to ordinanc-e requirements prior to iovember 29, 1975, the L~ayor 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 8 and 15 of the Hawaii County Code, 1975, and the Environmental Shoreline Protection Rules and Regulations. SECTION F,. 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 7. Appeal. Any action taken by the D~ayor pursuant to this ordinance may be appealed to the County Council. -2- SECTION Et, Duration. The D4ayor shall cease to issue any ti~aivers pursuant to this ordinance sixty (60) days after the effective date of this ordinance. SECTION 9. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL P^.EMBER OUNTy pZ' ---HAW~_ Dat<~ of Introduction: Date of Adoption: Effective Date: -3- HERBERT T. MATP,YOSHI ~r~J" v MAYOR 4 ~\~~/I ~ • ~ _ "' ~a _F N COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 25 AUPU NI STREET HILO. HAWAII 9620 December 1, 1975 Ho;zorable P,obert Yamada Chairman, County Council County of Hawaii Hi:Lo, Hawaii 96720 Dear Mr. Yamada: CLIFFORD H. F. LUM CORPORATION COUNSEL Pursuant to your request, we enclose an emergency ordinance necessitated. by the damages incurred by the people of the County of Hawaii due to the earthquake occurring on November 29, 1975. APPROVED: LIFF~ F. LUM Corpo ion Co 1 KY:pa Enclosure cc: Mayor A -3: M, < ~. Yours very truly, ORDINANCE NO, 173 Bill No. 194 - 1975 AN ORDINA~7CE GIVING THE MAYOR OF THE COUNTY OF POWERS TO',WAIVE CERTAIN REQUIREMENTS AS PROVIDED AND 15 OF THE HAWAII EMERGENCY SHORELINE PROTECTION RULES YANDDREGULATIONS, BY CHAPTERS g AND THE ENVIRONMENTAL Date Approved: December 3, 1975 Date Effective: December 5, 1975 Copies of the foregoing Ordinance, in full the Office of the Cour,~ty Clerk for are on file in public. use and examination by the finalhreadingeat1thetmPetine foregoing Ordinance passed first and 1975, by the followin y g ofnohvot°unty Council on December g a e and 3 AYES; Councilmen Carpenter, De Luz, Fujii, Hisaoka, Kawahara, Lai, Levin, Yadao and Chairman Yamada - 9, NOES: Npne, ~.twlJ COUNTY CLERK COUNTY OF HAWAII