HomeMy WebLinkAboutBIL 350 Draft 02 1998-2000C]
COUNTY OF HAWAII S'TA'TE OF TIAWAI
BILL NO. 350
Draft 2
ORDINANCE NO. 00 125
AN ORDINANCE GIVING THE MAYOR OF THE COUNTY OF HAWAI'I EMERGENCY
POWERS TO WAIVE CERTAIN REQUIREMENTS AS PROVIDED BY CHAPTERS 3
(ADVERTISING & SIGNS), 5 (BUILDING), 9 (ELECTRICITY), 17 (PLUMBING),
22 (STREETS & SIDEWALKS), AND 25 (ZONING) OF THE HAWAII COUNTY CODE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Emergency Ordinance. This is an emergency ordinance necessitated by the
damages incurred by the people of the County of Hawai'i due to the flooding occurring on
November 1 & 2, 2000. 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, 17, 22 and 25 of the Hawai'i County Code (as amended), will
impose unnecessary and unwarranted hardships upon the people of the County of Hawai'i.
This ordinance is adopted pursuant to Section 3 -11, County,Charter, County of Hawai'i,
in.order to diminish the difficulties and hardships which would result from insistence upon strict
compliance with Chapters 3, 5,9, 17, 22 and 25 of the Hawai'i County Code (as amended).
SECTION 2. Purpose. To afford any person, partnership, or corporation in the County
of Hawai'i that was affected by.the November 1 & 2, 2000 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 requirements of Chapters 3, 5,
9, 17, 22 and 25 of the Hawai'i County Code (as amended).
SECTION.3. Applicability. This, ordinance shall be applicable only to those persons,
partnerships and corporations, which buildings or structures were directly affected by the
November 1 & 2, 2000 flooding.
SECTION 4. The Mayor of the County of Hawai'i, through his designated
representatives, shall have the power to waive certain requirements of Chapters 3, 5, 9, 17, 22 and
•
LJ
25 of the Hawai'i County Code (as amended), including but not limited to permit fee, structural,
setback and parking requirements.
The Mayor shall cease to issue any waivers pursuant to this ordinance sixty (60) days
after the effective date of this ordinance.
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 November I & 2; 2000, 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, 17, 22 and 25 of the Hawai'i County Code
(as amended). .
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. This ordinance, including any amendments made'after adoption,
shall automatically stand repealed as of the 61 t day following the date of adoption of the original
ordinance.
SECTION 9. This ordinance shall take effect upon its approval.
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MFERENCEs Comer. 976._001
2
I
INTRODUCED BY:.
Introduced By:
Date Introduced:
First Reading:
Published:
O FICE F T O HE COUNTY CLERK
County of Hawaii
Hilo , Hawaii
(Draft 2)
James Y. Arakaki
November 15, 2000
November 15, 2000
November 24 & 27, 2000
REALIRK,S: Emergency Ordinance -
Requires only one reading
Second Reading: N/A
To Mavor: November 17, 2000
Returned: November 17 , 2000
Effective: November 17, 2000
Published: November 27, 2000
REALIRKS:
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
X
Chung :
X
Elarionoff
X
`D
Jacobson
X
Leithead -Todd
X
Pisicchio
X
Smith
x
Tyler
X
-
ti
Yagong
X
9
0
0
0
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki
Chung
Elarionoff
Jacobson
Leithead -Todd
Pisicchio
Smith
Tyler
Yagong
I DO HEREBY CERTIFY that the, foregoing BILL was adopted by the County Council puhhvhed as
indicated ahove.
APPROVED AS TO
FORM AND LEGALITY:
- CORPORATIONFOUNSE,
COUNTY OF HAWAII
Date / t l 0'J
Approved%9r a� this j day
Of 2 0
A YOR, C NTY OF HA WAII
Bill No.: 350 (Draft 2)
Reference: C-976
Ord. No.: 0 1 2 5