HomeMy WebLinkAboutORD 1983-045 1980-1984BILL NO. 1037
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE N0.8.3 4Jr
AN ORDINANCE GIVING THE MAYOR OF THE COUNTY OF HAWAII EMERGENCY
POWERS TO WAIVE CERTAIN REQUIREMENTS AS PROVIDED BY CHAPTERS S,
9, 11, 17 AND 25 OF THE HAWAII COUNTY CODE,
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
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 earthquake occurring
on November 16, 1983. As a result of said earthquake, 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 earthquake. To impose all of the requirements of
Chapters 5, 9, 11, 17 and 25 of the Hawaii County Code, 1983,
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 5, 9, 11, 17 and 25 of the
Hawaii County Code, 1983.
SECTION 2. Purpose. To afford any person, partnership,
or corporation in the County of Hawaii that was affected by the
November 16, 1983, earthquake the opportunity to rebuild
damaged structures and buildings without having to strictly
comply with all of the requirements of Chapters 5, 9, 11, 17
and 25 of the Hawaii County Code, 1983.
SECTION 3. Applicability. This ordinance shall be
applicable only to those persons, partnerships and
corporations, which buildings or structures were directly
affected by the November 16, 1983, earthquake.
SECTION 9. The Mayor of the County of Hawaii, through his
designated representatives, shall have the power to waive
certain requirements of Chapters 5, 9, 11, 17 and 25 of the
Hawaii County Code, 1983, including but not limited to permit
fee, structural, setback and parking rern~irements.
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 November 16, 1983, 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 ace in nonconformance with Chapters 5, 9, 11, 17 and
25 of the Hawaii County Code, 1983.
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, oc for noncompliance with this ordinance.
SECTION 7. Appeal. Any action taken by the Mayor
pursuant to this ordinance may be appealed to the County
Counci 1.
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.
SECTION 9. This ordinance shall take effect upon its approval.
INTRODUCED BY:
NCIL MEh1BE , OUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of Adoption:
Effective Date:
November 16, 1983
November 16, 1983
November 16, 1983