HomeMy WebLinkAboutORD 1982-749 1980-1984BILL NO. 801
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER $ 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 5, Article 1, Chapter 8, of the
Hawaii County Code is amended to read as follows:
"Sec. 5. APPEALS
[Appeals from actions of the Director in the
administration of this Chapter or regulations adopted
pursuant thereto, shall be to the Board of Appeals in
accordance with the County Charter.]
"Any person aggrieved by the decision of the Director or
the Commission in the administration or application of this
Chapter, mom, within thirty days after the Director or the
Commission's decision, appeal the decision to the Board of
A~,~eals. The Board of Appeals may affirm the decision of
the Director or the Commission, 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) Cleary erroneous in view of the reliable,
probative and substantial evidence on the whole record; or
"(3) Arbitrary, or c~ricious, 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. Section 3, Article 22, Chapter 8, of the
Hawaii County Code is amended by amending subsection E to
read as follows:
"E. [The Director's action shall be final but if the
applicant is dissatisfied with such action, he may within
thirty (30) days after action, appeal in writing to the
Board of Appeals. Said Board shall review said appeal and
sustain, reverse, or modify the action of the Director.]
"Any person aggrieved by the decision of the Director
mad ap eal the decision in accordance with Article 1,
Section 5, of this Chapter."
SECTION 3. Section 1, Article 26, Chapter 8, of the
Hawaii County Code is amended by amending subsection C to
read as follows:
"C. [The Board of Appeals pursuant to the County
Charter shall have the authority to hear and decide appeals
when it is alleged by the appellant that there is an error
in any order, requirement, permit, decision or determination
made by an administrative official in the administration or
enforcement of this Chapter.]
"Aney person aggrieved b~ a decision rendered under this
article may appeal the decision in accordance with
Article 1, Section 5, of this Chapter."
SECTION 4. Section H, Article 27, Chapter 8, of the
Hawaii County Code is amended by amending subsection 4 to
read as follows:
-2-
"4. [Final action of the Planning Commission may,
within fifteen (15) days after such action is taken be
appealed in writing to the Planning Board of Appeals.
"a. Said appeal shall be accompanied by a filing fee of
ten dollars ($10.00).
"b. Said appeal shall set forth the basis of such
appeal and shall specifically detail the manner in
which it is alleged that the Planning Commission
has erred in making its determination.
"c. The Board of Appeals, upon receipt of such appeal,
shall set the matter for a hearing. Notice of the
hearing shall be mailed at least ten (10) days
prior to such hearing to the appellant, the
Planning Commission, either by mail or in person.
"d. Within sixty (60) days after the filing of such
appeal, the Board of Appeals shall affirm, modify
or reverse the action from which the appeal was
taken.]
"Anderson ag rieved by a decision of the Planning
Commission may appeal the decision in accordance with
Article 1, Section 5, of this Chapter."
SECTION 5. Section H, Article 27, Chapter 8, of the
Hawaii County Code is amended by repealing subsection 5 as
follows:
[5. Final action of the Planning Board of Appeals may,
within fifteen (15) days after such action is
taken, be appealed in writing to the Hawaii County
Council.
-3-
a. Said appeal shall be accompanied by a filing
fee of ten dollars ($10.00}.
b. Said appeal shall set forth the basis of such
appeal and shall specifically detail the
manner in which it is alleged that the
Planning Board of Appeals has erred in making
its determination.
c. The Hawaii County Council, upon receipt of
such appeal, shall set the matter for a
hearing. Notice of the hearing shall be
served at least ten (10) days prior to such
hearing to the appellant, the Planning
Commission and the Planning Board of Appeals,
either by mail or by personal delivery.
d. The Hawaii County Council shall sustain an
appeal only if the Council finds that the
action of the Director, Planning Commission,
or Planning Board of Appeals was based on an
erroneous finding of a material fact or that
the Director, Planning Commission, or Planning
Board of Appeals had acted in an arbitrary or
capricious manner or had manifestly abused his
or its discretion.
e. Within sixty (60) days after the filing of
such appeal, the Hawaii County Council shall
affirm, modify or reverse the action from
which the appeal was taken. The decision of
the Hawaii County Council shall be final.]"
-4-
SECTION 6. 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 7. In the event any portion of this ordinance
is declared invalid, such invalidity shall not affect other
parts of this ordinance.
SECTION 8. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
COUNCIL MEMBER, UNTY OF HALVAII
Hilo, Hawaii
Date of Introduction: December 9, 1981
Date of Adoption: January 6, 1982
Effective Date: January 11, 1982
-5-
Hilo, Hawaii
Tln~-o. Tlr.i+~mHor Q ~ Q Q~
LGI..l.1lWt.1 ~
FIRST READING
AYES NOES A/E
Dahlberg
X
De Luz X
Domingo
x
Fuj ii
X
Hale
X
Kawahara X
Lai
X
Schutte
x
Chr. Yamashiro
X
8 0 1
Publication Date:
Hilo, Hawaii
Date: .-rani,arv h _ ~ 9R~
SECOND & FINAL READING
AYES NOES A/E
Dahlberg X
De Luz X
Domingo X
Fuj ii X
Hale X
Kawahara X
Lai X
Schutte X
Chr. Yamashiro X
9 0 0
Publication Date: ,~~~~~~
We do hereby certify that the foregoing BILL was adopted by the
County Council and published as indicated above.
A
' .. - ~
~e
~_
,- ~,
~~q*,, ~i~;:::
[:: .. ~:
P
County Clerk
Bill No. 801
Reference: C~559/PC~81
M.B. No.
Ord. No.
Approved/ ~®this~@day of