HomeMy WebLinkAboutORD 1982-757 1980-1984BILL NO. 829
COUNTY OF HAWAII - STATE OF HA~n1AII
ORDINANCE hd0. '`'
AN ORDINANCE GIVING THE a~1AY0R OF TH.F COUNTY OF HA~+JAII ENdERGENCY
PO~F~ERS TO I~TAIVE CERTAIN i2EQUI.~E~.ENTS 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 HAT~dAII:
SECTION 1. Emergency 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
r'ebruary 10-11, 1982. 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
reconstruct 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 of the Hawaii County Code, 1975, will impose
unnecessary and unwarranted 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 from insistence
upon strict compliance with Chapters 8, 11, 12, 13 and 15 of the
Hawaii County Cody, 1975.
SECTION 2. Purpose. To afford any person, partnership,
or corporation in the County of Hawaii that was affected by the
February 10-11, 1982 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 buildings or structures were directly affected by the
February 10-11, 1982 storm.
SECTION 4. The Mayor of the County of Hawaii,
through his designated representatives, shall have the power
to waive certain requirements of Chapters $, 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 February 1U-11, 1982, 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. This Ordinance shall take effect upon its
approval.
SECTION 9. 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:
~~
CO CIL MEMH , COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: February 17, 1982
Date of Adoption: February 17, 1982
Effective Date: February 22, 1982
Hilo, Hawaii
Date: February 17, 1982
FIRST READING
AYES NOES A/E
Dahlberg X
De Luz X
Domingo X
~'ujii X
Hale X
Kawahara X
Lai X
S chutte X
Chr. Yamashiro X
9 0 0
Publication Date : ~9AR 1 192
date:
SECOND & FINAL READING
AYES NOES /E
Dah lbe
De Luz
Domingo
Fuj ii
Hale
Kawahara
Lai
Schutt
Chr Yamashiro
Publication Date: \
We do hereby certify that the foregoing BILL was adopted by the
County Council and published as indicated above.
i
:::... _
Bill No. 829
Reference: C-675
Ni.B. No.
Ord. No. - ~-~~
~_
G-G
County Clerk
Approved/D~ this--~-~ day of