HomeMy WebLinkAboutORD 1985-038 1984-1988COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 32
ORDINANCE NO. $5 38
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
windstorm of January 14 through 16, 1985, 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 2. Applicability. This ordinance shall be applicable
only to those persons, partnerships and corporations, which
buildings or structures were directly affected by the January 14
through 16, 1985, windstorm. The provisions of this ordinance shall
be retroactive to January 14, 1985. 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 damages
were a result of the windstorm.
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 January 14, 1985, 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
waiver 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:
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UNC L MEM COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: April 3, 1985
Date of 1st Reading: April 3, 1985
Date of 2nd Reading: May 8, 1985
Effective Date: May 22, 1985
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