HomeMy WebLinkAboutORD 1986-024 1984-1988COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 141
ORDINANCE NO. 86 24
AN ORDINANCE GIVING THE MAYOR OF THE COUNTY OF HAWAII EMERGENCY
POWERS TO WAIVE CERTAIN REQUIREMENTS AS PROVIDED BY CHAPTERS 5,
9, 11, 17, 25 AND 27 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 high surf occurring
on February 23, 1986. As a result of said high surf, many
structures and buildings were damaged. This ordinance
recognizes that there is a pressing need to make repairs and to
reconstruct huildings and structures so damaged as a result of
the high surf. To impose all of the requirements of
Chapters 5, 9, 11, 17, 25 and 27 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, 25 and 27 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
February 23, 1986, high surf the opportunity to rebuild damaged
structures and buildings without having to strictly comply with
all of the requirements of Chapters 5, 9, 11, 17, 25 and 27 of
the Hawaii County Code, 1983.
SECTION 3. Applicability. This ordinance shall he
applicable only to those persons, partnerships and
corporations, which buildings or structures were directly
affected by the February 23, 1986, high surf.
SECTION 4. The Mayor of the County of Hawaii, through his
designated representatives, shall have the power to waive
certain reguirements of Chapters 5, 9, 11, 17, 25 and 27 of the
Hawaii County Code, 1983, including but not limited to permit
fee, structural, setback and parking reguirements.
SECTION 5. No waiver granted shall he used to construct a
nonconforming building; provided, however, that if a building
or structure was nonconforming with respect to ordinance
requirements prior to February 23, 1986, 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, 25
and 27 of the Hawaii County Code, 1983.
SECTION 6. Revocation of Waivers. All waivers issued
pursuant to this ordinance shall he 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 sixty (60) days after the
effective date of this ordinance.
SECTION 9. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
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`60UNCIL MEMBE =COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: March 5, 1986
Date of Adoption: March 5, 1986
Effective Date: DSarch 6, 1986