HomeMy WebLinkAboutORD 1981-729 1980-1984
BILL NO. 78$
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE NO.
AN ORDINANCE AMENDING ARTICLE 1, CHAPTER 18, OF THE
HAWAII COUNTY CODE, RELATING TO THE BOARD OF APPEALS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 6.1, Article 1, Chapter 18, of the
Hawaii County Code is amended to read as follows:
"Sec. 6.1. Appeals.
[There shall be a board of appeals, to be known as the
Grading Board of Appeals, which shall consist of five
members two of whom shall be from the soil conservation
district, who shall be appointed by the Mayor with the
approval of the Council in the manner prescribed in
Section 13-4 of the Hawaii County Charter. The Grading
Board of Appeals shall be administratively connected with
the Department of Public Works. The Grading Board of
Appeals shall hear and determine appeals from the actions of
the Chief Engineer in the administration of this Ordinance.
An appeal shall be sustained only if the Board finds that
the action of the Chief Engineer was based on an erroneous
finding of a material fact or that the Chief Engineer had
acted in an arbitrary or capricious manner or had manifestly
abused his discretion."]
"Any person aggrieved by the decision of the Chief
En ineer in the administration or application of this
Chapter, may, within thirty days after the Chief Engineer's
decision, appeal the decision to the Board of A peals. The
Board of Appeals may affirm the decision of the Chief
Engineer or it may reverse or modify the decision if the
decision is
"(1) In violation of this chapter or other a licable
law; or
"(2) Clearly erroneous in view of the reliable,
probative, and substantial evidence on the whole record; or
"(3) Arbitrary, or capricious, or characterized by an
abuse of discretion or clearly unwarranted exercise of
discretion.
"The Board of Appeals shall adopt rules pursuant to
Chapter 91, Hawaii Revised Statutes, necessary for the
purposes of this section."
SECTION 2. Material to be repealed is bracketed. New
material is underscored. In printing this ordinance, the
brackets, bracketed material and underscoring need not be
included.
SECTION 3. In the event any portion of this ordinance
is declared invalid, such invalidity shall not affect other
parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its
approval.
Hilo, Hawaii
Date of Introduction:
Date of Adoption:
INTRODUCED BY:
r~
COUNCI, MEMBER,
October 28, 1981
November 4, 1981
Effective Date: November 17, 1981
-2-
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I
Hilo, Hawaii
Date: October 2f3 _ 1 9R1
FIRST READING
AYES NOES A/E
Dahlberg X
De Luz X
Domingo X
Fuj ii X
Hale
Kawahara X
X
Lai X
Schutte X
Chr. Yamashiro X
9 0 0
Publication Date:
Hilo, Hawaii
Date: November 4, 1981
_~-_
SECOND & FINAL READING
~ ~._ _
. AYES NOES A/E
Dah l.berg X
De Luc X
Domingo X
Fuj ii X
Hale X
Kawahara X
Lai X
Schutte X
Chr. Yamashiro X
9 0 0
Publication Date: N~V' ~ 7 ~'
We do hereby certify that the foregoing BILL was adopted by the
County Council and published as indir_ated above.
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NOV 6 191
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Approved/n'~_ d this 1 ~ day of
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or, County of Haw
- Y i•
County Clerk
Bill No. 788
Reference: C-487/PWC-91
M.B. No.
Ord. No.-~~ ~ ___.