HomeMy WebLinkAboutORD 1986-101 1984-1988COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 229
ORDINANCE NO. ~ _~~"
AN ORDINANCE GIVING THE MAYOR OF THE COUNTY OF HAWAII EMERGENCY
POWERS TO WAIVE CERTAIN REQUIREMENTS AS PROVIDED BY CHAPTERS 5,
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 high surf occurring
on July 22, 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 buildings and structures so damaged as a result of
the high surf. 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
July 22, 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 and 25 of the
Hawaii County Code, 1983.
SECTION 3. Applicability. This ordinance shall he
applicahle only to those persons, partnerships and
corporations, which buildings or structures were directly
affected by the July 22, 1986 high surf.
SECTION 4. 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 5. No waiver of Chapter 27 (relating to structuces
in flood/tsunami areas) shall be granted. No waiver granted
shall be used to construct a noncomforming building; provided,
however, that if a building or structure was nonconforming with
respect to ordinance requirements prior to July 22, 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 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 Mayo[ 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 MEMBE COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: August 20, 1986
Date of Adoption: August 20, 1986
Effective Date: August 25, 1986