HomeMy WebLinkAboutORD 1987-091 1984-1988COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 392
ORDINANCE NO. 8'7 9~.
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 Puako-Wailea area due to the brush fire occurring
on July 1, 2, and 3, 1987. As a result of said brush fire,
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 brush fire. 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 Puako-Wailea area.
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 Puako-Wailea area that was affected by
the July 1, 2, and 3, 1987, brush fire 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 July 1, 2, and 3, 1987, brush fire.
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 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 July 1, 1987, 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 sixty (60) days after the
effective date of this ordinance.
SECTION 9. This ordinance shall take effect upon its approval.
Hilo, Hawaii
Date of Introduction:
Date of Adoption:
Effective Date:
August 5, 1987
August 5, 1987
August 14, 1987