HomeMy WebLinkAboutORD 1994-109 1992-1994COUNTY OF HAWA~h ~ ~STA~E OF I~~WAII
BILL NO. 303
ORDINANCE NO. 94 109
AN ORDINANCE GIVING THE MAYOR OF THE COUNTY OF HAWAII EMERGENCY
"OWERS TO WAIVE CERTAIN REQUIREMENTS AS PROVIDED BY CHAPTERS 3, 5,
9, 11, 17, 22 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 flooding occurring on
August 12, 1994. As a result of said flooding, 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 flooding. To impose
all of the requirements of Chapters 3, 5, 9, 11, 17, 22 and 25 of
the Hawaii County Code (as amended), will impose unnecessary and
unwarranted hardships upon the people of the County of Hawaii.
This ordinance is adopted pursuant to Section 3-11, County
Charter, County of Hawaii, in order to diminish the difficulties
and hardships which would result from insistence upon strict
compliance with Chapters 3, 5, 9, 11, 17, 22 and 25 of the Hawaii
County Code (as amended).
SECTION 2. Purpose. To afford any person, partnership,
or corporation in the County of Hawaii that was affected by the
'.t:gust 12, 1994, flooding the opportunity to repair signs,
driveway approaches, sidewalks and other private improvements
and to rebuild damaged structures and buildings without having
to strictly comply with all of the requirements of Chapters 3,
5, 9, 11, 17, 22 and 25 of the Hawaii County Code (as amended).
SECTION 3. Applicability. This ordinance shah be
applicable only to those persons, partnerships and
corporations, which buildings or structures were directly
affected by the August 12, 1994, flooding.
SECTION 4. The Mayor of the County of Hawaii, through his
designated representatives, shall have the power to waive
certain requirements of Chapters 3, 5, 9, 11, 17, 22 and 25 of
the Hawaii County Code (as amended), including but not limited
to per'.t 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
:.tructure was nonconforming with respect to ordinance
requirements prior to August 12, 1994, 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 3, 5, 9, 11, 17
and 25 of the Hawaii County Code (as amended).
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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 S. 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:
IL
Hilo, Hawaii
Date of Introduction:
Date of Adoption:
Effective Date:
3253G:dk
Sept mb 7, 1994
September 7, 1994
September 20, 1994
COUNTY OF HAWAII
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OFFICE OF THE COUNTY CLERK
County of Hawaii
H ~ ~ n ,Hawaii
`9~t Sti' 20 tu'i 10 G6
OFFICC ;-. ;I_c"Rr.
Introduced By:
Date Introduced:
First Reading:
Published:
RE.LtARKS:
James Y. Arakaki
September 7. 1994
September 7. 1994
~9€Ra$t~~
To Mayor:
Returned:
Effective:
Published:
REMARKS:
September 13. 1994
September 20, 1994
September 20. 1994
September 25, 1994
ROLL CALL VOTE
AYES NOES ABS EX
ARAKAKI
BONK-ABRAMSON
CAILDS
DE LIMA
DOMINGO
HALE
RA17I
ROSEHILL
SCHUTI'E
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ROLL CALL VOTE
AYES NOES ABS EX
ARAKAKI
BONK-ABRAMSON
CHILDS
DE LIMA
DOMINGO
HALE
RATH
ROSEHILL
SCHU7TE
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above.
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Appr ved DaH~re~ed this `liv ~ day
of lt•` , 19~
OR, CO OF HAWAII
VIC
Bill No.:
Reference:
Ord. No.: