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HomeMy WebLinkAboutORD 1988-036 1988-1992COUNTY OF HAWAII ~e _STATE OF HAWAII BI~~ N0. 474 DRAFT 3 ORDINANCE NO. 88 3~ AN ORDINANCE AMENDING CHAPTERS 5, 9, AND 17 OF THE HAWAII COUNTY CODE 1983, RELATING TO WAIVER OF CERTAIN PERMIT FEES UNDER NATURAL DISASTER SITUATIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Legislative Findings and Purpose. In recent years, the County of Hawaii has been beset by several natural disasters which have either destroyed or damaged a number of homes and builaings. Persons whose homes or buildings have been so destroyed or damaged have incurred incidental costs related to the restoration or rebuilding of these structures. The County Council finds that these incidental costs should not be borne by such victims of natural disasters. The council, therefore, amends the following Hawaii County Code sections to allow for the waiver of certain permit fees. SECTION G. Chapter 5, article 1, section 5-12.1, Hawaii County Code 1983, relating to building permit fees, is hereby amended to read as follows: "Section 5-12.1. Amending section 304(a). Section 304 (a) is amendea to reaa as follows: (a) Permit Fees. (1) The fee for each permit shall be as set forth in z'able 3-A. (2) The determination of value or valuation under any of the provisions of this code shall be made by the building official. The valuation to be used in computing the permit fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent work or permanent equipment. (3) Where work for which a permit is required by this code is started or proceeded with prior to obtaining said permit, the fees specified shall be doubled, but the payment of such double fee shall not relieve any person from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed in this code. (4) Where work, for which a permit is required by this code, is done to rebuild or repair a buildin which has been destroyed or damaged by a natural disaster, the fee for such permit shall be waived so long as the followin conditions are met• (A) The mayor of the County of Hawaii declares a state of emergeney due to the natural disaster• (B) Persons whose buildings have been destroyed or damaged by the disaster must file a notice of such destruction or damage with the building official within one year of such destruction or damage. Persons whose buildings were -2- destroyed or damaged prior to the enactment of this ordinance must file a notice before March 1, 1989. The building official may require the applicant to verify that actual damage has occurred Such verification may include, but shall not be limited to, Red Cross re orts and insurance claims. SECTION 3. Chapter 9, article 5, section 9-42, Hawaii County Code 1983, relating to electrical permit fees, is amended to read as follows: "Section 9-42. [County exception] Exemptions. (a) The County and all contractors performing work under authority of the County shall be exempt from the requirements to pay permit fees. (b) Where work, for which a ermit is required b this code, is done to replace or repair electrical work which has been destroyed or dama ed by a natural disaster the fee for such permit shall be waived so long as the followin conditions are met (1) The mayor of the County of Hawaii declares a state of emergency due to the natural disaster (2) Persons whose electrical work has been destroyed or damaged by the disaster must file a notice of such destruction or_damage with the administrative authority within one ear of such destruction or damage Persons whose electrical work was destroyed or damaged prior to the enactment of this ordinance must file a notice before March 1, 1989 -3- The administrative authority may require the applicant to verify that actual dama e has occurred Such verification may include, but shall not be limited to, Red Cross reports and insurance claims." SECTION 4. Chapter 17, article 2, section 17-17, Hawaii County Code 1983, relating to plumbing permit fees is amended by adding a new subsection to be appropriately designated and to read as follows: "( ) Where work, for which a permit is required by this code, is done to replace or repair plumbin work which has been destroyed or dama ed by a natural disaster, the fee for such permit shall be waived so lon as the followin conditions are met (1) The mayor of the County of Hawaii declares a state of emergency due to the natural disaster. (2) Persons whose lumbinq work has been destroyed or damaged by the disaster must file a notice of such destruction or damage with the administrative authority within one year of such destruction or damage. Persons whose plumbin work was destroyed or damaged prior to the enactment of this ordinance must file a notice before March 1, 1989. The administrative authority may require the a licant to verify that actual dama e has occurred. Such verification may include, but shall not be limited to, Red Cross reports and insurance claims." -4- SECTION 5. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 6. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 7. This ordinance shall take effect upon its approval. Hilo, Hawaii Date of Introduction: March 2, 1988 Date of 1st Reading: March 2, 1988 Date of 2nd Reading: Ptarch 23, 1988 Effective Date: April 6, 1988 -5-