HomeMy WebLinkAboutORD 1979-415 1976-1980BILL No. 4E3
COUNTY OF HAWACI - STATE OF HAWAII
ORDINANCES NO. 415
AN ORDINANCE GIVING THE MAYOR OF 'CHE COUNTY OF HAWAII EMERGENCY POWERS TO
WAIVE CERTAIN REQUIREMENTS AS PR072DED BY CHAPTERS 8, 11, 13 AND 15 OF
THE HAWAII COUNTY CODE, 1975.
BE IT ORDAINED BY THE COUNCIL OF "HE COUNTY OF HAWAII:
SECTION 1. Emergency Ordina:ice. This ordinance is an emergence
ordinance necessitated by the damages incurred by the people of the county
of Hawaii due to the flood occurr__ng on February 17-22, 1979. As a result
of said flood, many structures and buildings were damaged. This ordinance
recognizes that there is a pressi~~g need to make repairs and to reco~istruct
buildings and structures so damaga~d as a result of the flood. To imk~ose
all of the requirements of Chapte~~s 8, 11, 13 and 15 of the Hawaii County
Code, 1975, will impose unnecessary and unwarranted hardships upon the
people of the County of Hawaii.
This ordinance is adopted pu~~suant to Section 3-12, County Charier,
County of Hawaii, in order to dim_nish the difficulties and hardship: which
would result from insistence upon strict compliance with Chapters 8, 11, 13
and 15 of the Hawaii County Code, 1975.
SECTION 2. Purpose. To afford any person, partnership, or corF,oration
in the County of Hawaii that was effected by the February 17-22, 1975 flood,
the opportunity to rebuild damages structures and buildings without Paving
to strictly comply with all of the requirements of Chapters 8, 11, l; and 15
of the Hawaii County Code, 1975.
SECTION 3. Applicability. This ordinance shall be applicable cnly
to those persons, partnerships anc corporations, which buildings or structures
were directly affected by the Febxuary 17-22, 1979 flood.
SECTION 4. The Mayor of the County of Hawaii, through his designated
representatives, shall have the power to waive certain requirements of
Chapters 8, 11, 13 and 15 of the Hawaii County Code, 1975, including but
not limited to permit fee, structural, setback and parking requirements.
SECTION 5. No waiver grante3 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 February 17-22, 1979, the
Mayor 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, 11, 13 and 15 of the
Hawaii County Code, 1975.
SECTION 6. Revocation of Waivers. All waivers issued pursuant to
this ordinance shall be subject t~ 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 pursuant to -his
ordinance may be appealed to the Jounty Council.
SECTION 8. Duration. The Mayor shall cease to issue any waivers
pursuant to this ordinance sixty (60) days after the effective date ~~f this
ordinance.
SECTION 9. This ordinance stall take effect upon its approval.
INTRODUCED BY:
G +-../ ~
OUNC IL MEMBE UNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: March 7, 1979
Date of Adoption: March 7, 19%9
Effective Date: March 9, 1979
- 2 -
Hilo, Hawaii
Date: March 7. 1979
FIRST READING
AYES NOES A/E
Dahlberg X
Domingo X
Fulil X
Garcia X
Kawahara X
Lal X
Sameshlma X
Taf irl X
Chr,Yamashiro X
7 2
bate:
SECOND 8 FINAL READING
AYES NOES AJE
Dahlberg
Domingo
Fujii
Garcia
Kawahara
Lai
Sameshlma
Tajiri
Chr.. Yamashiro
Publication Date: MAR 1 4 1979 Publication Date:
We do hereby certify that the foregoing BILL was adopted by the County Council an~f published
as indicated above.
*...~~,...,--. to
iJEPI~TY .
. ~, ~, 1979
~:._ _ _ _
l
Council Chairman v
~. (`
County Clerk
Approver~q^.7~pm®d thi~day ofQ
// //mar ~, a /_ 19LL.
C~,Zy`~~ _ ~r
Mayor, County of Hawaii
Bill No. ~ 6 3
Reference: C-1074
M.B. No.
Ord. No.