HomeMy WebLinkAboutORD 2000-125 1998-2000
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 350
Draft 2
ORDINANCE NO. O(f 1;~5
AN ORDINANCE GIVING THE 41AYOR OF THE COL'•NTY OF HAW'AI'I EMERGENCY
POWERS TO WAIVE CERTAIN REQUIREMENTS ,AS PROVIDED BY CHAPTERS 3
(ADVERTISING & SIGNS) 5 (BI~ILDING), 9 (ELECTRICITY), 17 (PLUMBING)
22 (STREETS & SIDEWALKS), AND 2~ (ZONING) OF THE HAW'AI'I COUNTY CODF.
BE IT ORDAINED BY THE COI;VCIL OF THE COl NTY OF HAWAAI'I
SECTION I Emergency Ordinance Thrs rs an emergency ordmance necessitated by the
damages incurred M' the people of the Counh of Hawar'r due to the Flooding occurring on
No+ember I & 2. 2000 As a result of said flooding, main structures and bwldmgs were
damaged This ordmance recogn¢es that there rs a pressing need to ma6e repairs and to
reconstruct bwldmgs and structure, so damaged as a result of the tloodme To unpose all of the
regmrements of Chapters 3 9 I', 22 and 2i of the Hawaii Count} Code (as amended) will
impose unnecessan and unwarranted hardships upon the people of the Counh of Hawaii
This ordinance rs adopted pursuant to Section 3-I L Counh Charter, County of Ha++ar'r
!n order to diminish the difficulties and hardships which would re,olt from insistence upon strict
compliance ++rth Chapters 3 ~ 9. I', _2 and 2~ of the Hawaii Count} Code (as amended)
SECTION 2 Purpose To afford any person, partnership. or corporation m the Counh
of Ha++ai'i that was atlec[ed by the November I & 2, 2000 Flooding [he opportunity to repair
,igns, dmeway approaches. sidewalks and other private unprovements and [o rebwld damaged
structwes and bwldmgs ++rthout having to strictly comply ++nh all requirements of Chapters 3 5,
9, 17,'_2 and 25 of the Hawaii Counh Code (as amended)
SECTION 3 Applicabiht} Thu ordmance shall be applicable only to chose persons.
parinershrps and corporations, which bwldmgs or structures were drrecth affected M' the
November I&','000 floodmk
SECTION a The Macor of the Counh of Hawar'r, through his designated
representatives, shall ha+e the power [o waive certain requirements of C hap[ers 3, 9, 17.'_2 and
'_S of the Havvar'i Counts Code (as amended). including but not Irmrted to permit fee, structural,
setback and parking requirements
The ~9ayor shall cease [o issue any waivers pursuant [o this ordinance siK[~ (60) days
after the effective date of [hrs ordinance
SECTION ~ No waiver granted shall be used to construct a nonconforming building,
pros ided, however [hat rf a bwldmg or structure ~+as nonconforming wnh respect to ordinance
requrrements pnor to November I X~ 2 ?000, the Mator shall have the power to vvarve ordinance
regwrements with respect to those buildings rf dome so does not enlarge the er[ent [u which such
bwldmgs are m nonconformance with Chapters 3, 9 17, 22 and 2~ of the Hawaii Counh Code
(as amended)
SECTION 6 Revocation of Waivers All wavers issued pursuant to Ihrs ordinance shall
be subject to revocation at am time for noncompliance with the conditions and safeguards
attached thereto, or for noncompliance vvrth this ordinance
SECTION i Appeal ,Am action taken by the Mayor pursuant tti this ordrnance may be
appealed to [he Counh Council
SECTION 8 Duration Thrs ordinance, mcludme any amendments made after adoption
shall au[oinaticall~ stand repealed as of the 61'' da} following the date of adoption of the original
urduiance
SECTIO\ 9 Thu ordinance shall take effect upon its approval
INTRODUCED BY
L~ ~ Db~erber X700 CO CI ME'v1BER, COUNTY OF HA~VAI'I
[>3te of ]st ~t3: Nweti~ L5, 2000
EEf~ti~ [>3te: [~bari~¢ 17. 2000
REFERENCFa Comm. _ 976.001
•FILE OF THE COUNTY CLERK
County of Hawaii
Hilo , Hawaii
(Draft 2)
ROLL CALL VOTE
AYES NOES ABS EX
Introduced By: James Y. Arakaki Arakaki X
Date Introduced: November 15, 2000 Chung X
First Reading: November 15, 2000 Elarionoff X C
--, o
Published: November 2 4 & 2 7 , 2000 ' Jacobson X C - '
Lcithcad -Todd X L-r-- ",? = _L
REA Emergency Ordinance - Pisicchio X =_ •v (^
Requires only one readin• Smith X
Tyler X I . m
Yagong X -±:.::2 t-+ C3
9 L'-z 0 0
n?
Second Reading: N/A ROLL CALL VOTE
To Mayor: November 17, 2000 AYES NOES ABS EX
Returned: November 17,2000 Arakaki
Effective: November 17, 2000 Chung
Published: November 27, 2000 .Elarionoff
Jacobson
REMARKS: Leithead -Todd
Pisicchio
Smith
Tyler
Yagong
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AN I LE AL TY:
DEP / PO Ns„, COUNTY OF HAWAII 6! C'LLall tIN
Date ii/ / 9/ 017 i CLERK
.4 pproved /Srr1fr :awullhis / day
of /V veuribil , 20 7 .
C� Bill No.: 350 (Draft 2)
AYOR, C .NIYOFHAWAII Reference: C -976
Ord. No.: 0 0 125