HomeMy WebLinkAboutORD 1984-043 1984-1988Bill No. 1102
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE NO. ~4 ~3
AN ORDINANCE GRANTING THE MAYOR OF THE COUNTY OF HAWAII THE
TEMPORARY POWERS TO WAIVE CERTAIN REQUIREMENTS AS PROVIDED BY
CHAPTERS 5, 9, 11, 17 AND 25 OF THE HAWAII COUNTY CODE, 1983.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. 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. These temporary powers are being restored as
there are citizens and business entitities who were not able to
secure necessary financing, and plans and permits during the
moratorium immediately following the disaster.
SECTION 2. 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. The provisions of this ordinance shall be
retroactive to November 16, 1983. Permit refunds shall be
authorized provided that the applicant substantiates damages as
prescribed in Section 4 below.
SECTION 3. 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 requirements.
SECTION 4. No waiver shall be granted under this ordinance
without documented evidence, such as but not limited to Red Cross
reports and insurance claims, that substantiates that the damage was
a result of the earthquake.
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 are 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,
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 90 days after the effective date
of this ordinance.
SECTION 9. This ordinance shall take effect upon its approval.
Introduced by:
COUNCIL MEMBER, COUNT OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
July 3, 1984
July 3, 1984
July 25, 1984
July 31, 1984
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