HomeMy WebLinkAboutORD 1980-516 1976-1980BILL NO. %~6
COUNTY OF HA69AII - STATE OF HAWAII
ORDINANCE NO.
AN ORDINANCE GIVING THE MAYOR OF THE COUNTY OF HAWAII EDIERGENCY
POWERS TO WAIVE CERTAIN REQUIREMENTS AS PROVIDED BY CHAPTERS 8,
11, 12, 13 AND 15 OF THE HAWAII COUNTY CODE, 1975.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. En;ergency Ordinance. This ordinance is an emergency
ordinance necessitated by the damages incurred by the people of
the County of Hawaii due to the storm occurring on January 7-12,
1980. As a result of said storm, many structures and buildings
were damaged. This ordinance recognizes that there is a pressing
need to make repairs and to reconst=ruct buildings and structures so
damaged as a result of the flood. To impose all of the requirements
of Chapters 8, 11, 12, 13 and 15 oi= the Hawaii County Code, 1975,
will impose unnecessary and unwarr<xnted 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 fx-om insistence upon strict
compliance with Chapters 8, 11, 12, 13 and 15 of the Hawaii County
Code, 1975.
SECTION 2. Purpose. To afford any person, partnership, or
corporation in the County of Hawaii. that cvas affected by the
January 7-12, 1980 storm the opportunity to rebuild damaged
structures and buildings without having to strictly comply with
all of the requirements of Chapters 8, 11, 12, 13 and 15 of the
Hawaii County Code, 1975.
SECTION 3. Applicability. This ordinance shall be applicable
only to those persons, partnerships and corporations, which build-
ings or structures were directly affected by the January 7-12, 1980
storm.
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, :12, 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 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 January 7-12, 1980, 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, 12, 13 and 15 of the Hawaii
County Code, 1975.
SECTION 6. 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 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.
INTRODUCED BY:
~+E G~i~~llJ
NCI, MEMBE , COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: January 23, 1980
Date of Adoption: January 23, 1980
Effective Date: January 29, 1980
Hilo, Hawaii
Date: .T~„„ _ __
Dahlberg
Domingo
Fujii
Garcia
Kawahara
Lai
Sameshima
SECOND ~ FINAL READING
AYES NOES
X
X
X ----
X ---
Tajiri
Chr. Yamashiro
A/E
X
X
X
X
X
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Fublicn,ion Dore: FEB___ 3 198p__-
~'/e do hereby certify that the foregoing BILL was adopted by the County Council and published
as indicated above.
:>
y Clerk --___
f
Mayor, County of Howoii
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r Bill No.
M.B. No. _~ -----
Ord. No. __
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H. B. LegaSpi ". o
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COUNTY CLERK " ~ ~,~~R
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OF .~
OFf= IL'E QF THE COUNTY CLERK
COLD I~TY OF HA\NAII
HILO, HAWAII 967)0
Mayor I3erbert `.L'. Matayoshi.
County of Haoaaii
Hilo, HI
Yasukl Al akaki
DEPUTY COUNTY CLERK
Harry A. Takah:~shi
LEGISLATIVE AUDITOR
I hereby transmit Ordinance Bill No. 576
passed by the County Council on second final reading.
~~~ C NTY CLERIC
Encl.
Dated: January 23, 1980
ORDINANCE N0. 516
(Bill No. 576-1980)
AN ORDINANCE GIVING THE MAYOR OF THE COUNTY OF HAWAII
EMERGENCY POPJERS TO WAIVE CERTAIN REQUIREMENTS AS PROVIDED
BY CHAPTERS 8, 11, 12, 13 AND 15 OF THE HAWAII COUNTY CODE,
1975.
Date Approved: January 23, 1980
Date Effective: January 29, 1980
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 passed
first and final reading at the meeting of the County Council
on January 23, 1980, by the following aye and no vote:
AYES: Councilmen Dahlberg, Domingo, Fujii, Garcia,
Kawahara, Lai, Sameshima, Tajiri and
Chairman Yamashiro -~ 9.
NOES: None.
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COUNTX C RK
COUNTY OF A?^]AII