HomeMy WebLinkAboutBIL 113 Draft 01 2010-2012COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 113
ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 2, CHAPTER 4, CHAPTER 14, CHAPTER
23, AND CHAPTER 25, HAWAII COUNTY CODE 1983 (2005 EDITION, AS
AMENDED), RELATING TO NON - SUBSTANTIVE REVISIONS PER AMENDMENTS
TO THE HAWAII COUNTY CHARTER.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to amend various chapters of
the Hawai`i County Code to align the Code with the Hawai`i County Charter, which was most
recently amended by the electorate on November 2, 2010.
These amendments update the names of County departments and officials, and correct
references to sections of the Charter that have become obsolete due to amendments approved by
the electorate.
As such, the amendments are "housekeeping" by nature and not intended to alter the
substantive provisions of the Code.
SECTION 2. Chapter 2, article 2, section 2 -7, Hawai`i County Code 1983 (2005
Edition, as amended) is amended to read as follows:
"Section 2 -7. Organization of executive branch.
The executive branch of the County is organized into the following agencies /departments:
(1) Agency and agency heads under direct supervision of the managing director:
AGENCY AGENCY HEAD
(A) Civil defense Civil defense administrator
(B) Office of aging County executive on aging
(C) Office of housing and community development Housing administrator
(D) Mass transit Mass transit administrator
(2) Departments and heads under direct supervision of the managing director:
DEPARTMENT DEPARTMENT HEAD
(A) Office of management Managing director
(13) Corporation counsel Corporation counsel
(C) Department of finance Director of finance
(D) Planning department Planning director
(1,) Department of environmental management Director of environmental management
(F) Department of research and development Director of research and development
(G) Department of public works Director of public works
(11) Department of parks and recreation Parks and recreation director
(1) [Data systems] Department of information technology..Director of [data systems] information technology
(3) Departments and administrative heads
supervision of the managing director:
under commissions and administrative
DEPARTMENT ADMINISTRATIVE HEAD
(A) Department of human resources ..Director of human resources
(B) Police department Chief of police
(C) Department of liquor control Director, department of liquor control
(D) [Fire] Hawai`i fire department Fire chief
(E) Department of water supply [Manager]Manager -chief engineer"
SECTION 3. Chapter 2, article 5, section 2 -15.1, Hawai`i County Code 1983 (2005
Edition, as amended) is amended to read as follows:
"Section 2 -15.1. Powers, duties and functions.
The fire commission shall:
(1) Adopt rules necessary for the conduct of its business and review rules for the
administration of the department;
(2) Review the annual budget prepared by the fire chief and make recommendations
thereon to the mayor, the managing director and the council;
(3) Review the department's operations as deemed necessary, for the purposes of
recommending improvements to the fire chief;
(4) Evaluate at least annually the performance of the fire chief and submit a report to the
mayor, the managing director and the council;
(5) Review personnel actions within the department for conformance with the policies
under section [7 1.6,] 7 -4.2, Hawai`i County Charter;
(6) Hear complaints of citizens concerning the department or its personnel and, if
necessary, make recommendations to the fire chief on appropriate corrective actions;
and
(7) Submit an annual report to the mayor, managing director and the council on its
activities.
Except for purposes of inquiry or as otherwise provided in the Hawai`i County Charter,
neither the commission nor its members shall interfere in any way with the administrative affairs
of the department."
SECTION 4. Chapter 2, article 27, section 2 -153, Hawai`i County Code 1983 (2005
Edition, as amended) is amended by amending subsection (c) to read as follows:
"(c) The County clerk shall prepare and publish a June 30, 2005 edition of the Hawai`i County
Code. After republication, the County clerk and the director of [data systems] information
technology shall ensure that the Hawai`i County Code is posted on the county's website and
is updated as soon as possible at the end of each quarter. Use of the Code on the county
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website, however, is at the sole risk of the user. The County makes no warranty or
representation of any kind regarding its content and shall not be held responsible for any
unintentional omission, addition, or error in or loss of service or data; or for any breakdown,
interruption, or delay in service."
SECTION 5. Chapter 4, article 2, section 4 -10, Hawai`i County Code 1983 (2005
Edition, as amended) is amended by amending subsection (a) to read as follows:
"(a) The County administration is authorized to transfer facilities, equipment, and supplies,
which were assigned to pound operations, to the humane society for use in pound functions
in accordance with section [6 3.3(k),] 6- 6.3(k), Hawai`i County Charter. The humane
society shall not sell, exchange or dispose of the transferred facilities, equipment, and
supplies without the written approval of the council."
SECTION 6. Chapter 14, article 14, division 4, section 14 -88, Hawai`i County Code
1983 (2005 Edition, as amended) is amended by amending subsection (b) to read as follows:
"(b) Appeal. Any person adversely affected by any order issued under this section, may within
thirty days after the service of the order, appeal the order to the board of appeals as
provided by section [5 6.3,] 6 -9.2, County Charter. An appeal to the board of appeals shall
stay the provisions of the director's order pending the final decision of the board of
appeals."
SECTION 7. Chapter 23, article 1, section 23 -3, Hawai`i County Code 1983 (2005
Edition, as amended) is amended by amending the definition of "manager" to read as follows:
'Manager" means the [manager] manager -chief engineer of the department of water
supply of the County."
SECTION 8. Chapter 23, article 2, section 23 -7, Hawai`i County Code 1983 (2005
Edition, as amended) is amended to read as follows:
"Section 23 -7. Applicability to consolidation or resubdivision action.
The requirements and standards of this chapter shall not apply to consolidation and
resubdivision action resulting in the creation of the same or fewer number of lots than that which
existed prior to the consolidation/resubdivision action; provided that the director, upon
conferring with the director of public works and [manager] manager -chief engineer of the
department of water supply, may require necessary improvements to further the public welfare
and safety."
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SECTION 9. Chapter 23, article 2, section 23 -11, Hawai`i County Code 1983 (2005
Edition, as amended) is amended to read as follows:
"Section 23 -11. Public utility or public rights -of -way subdivisions.
The requirements, including lot sizes, and standards of this chapter shall not be applicable
to public utility or public rights -of -way subdivisions and their remnant parcels; provided that the
director upon conferring with the director of public works and [manager] manager -chief engineer
of the department of water supply may require necessary improvements to further the public
welfare and safety."
SECTION 10. Chapter 23, article 9, section 23 -108, Hawai`i County Code 1983 (2005
Edition, as amended) is amended to read as follows:
"Section 23 -108. Infrastructure.
Notwithstanding any other provisions herein, the requirements of this chapter to provide
infrastructure improvements shall not apply to a subdivider of a plantation community
subdivision, provided that the planning director in consultation with the director of public works
and the [manager] manager -chief engineer of the department of water supply may require the
improvements necessary to further the public health and safety.
All of the proposed lots within a plantation community subdivision shall prohibit the
construction of an ohana dwelling or second dwelling unit, or any structure that will further any
increase in density of the plantation community subdivision. This prohibition shall be recorded in
the deeds of all the proposed lots with the bureau of conveyances and shall be submitted to the
planning department for review and approval prior to final subdivision approval. A copy of the
approved covenant shall be recited in an instrument executed by the applicant and the county and
recorded with the bureau of conveyances likewise prior to final subdivision approval."
SECTION 11. Chapter 25, article 2, section 25 -2 -11, Hawai`i County Code 1983
(2005 Edition, as amended) is amended to read as follows:
"Section 25 -2 -11. Waiver of requirements in consolidation and resubdivision.
If the director finds that the public welfare and safety will not be violated, the director may
waive portions or all of the requirements and standards of this chapter for consolidation and
resubdivision action resulting in the creation of the same or less number of lots than that which
existed prior to the consolidation or resubdivision action; provided, that prior to the granting of
any waiver, the director shall confer with the director of public works and the [manager]
manager -chief engineer of the department of water supply and other applicable government
agencies."
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SECTION 12. Chapter 25, article 2, division 3, section 25 -2 -35, Hawai`i County Code
1983 (2005 Edition, as amended) is amended by amending subsection (f) to read as follows:
"(t)
Any person adversely affected by any order issued under this section, may within thirty
days after the service of the order, appeal the order to the board of appeals as provided by
section [640,27] 6 -9.2, County Charter and sections 25 -2 -20 through 25 -2 -24. An appeal to
the board of appeals shall not stay the provisions of the director's order pending the final
decision of the board of appeals."
SECTION 13. Chapter 25, article 6, division 3, section 25 -6 -39.6, Hawai`i County
Code 1983 (2005 Edition, as amended) is amended by amending subsection (c) to read as
follows:
"(c) The applicant may, within thirty days after receipt of the proposed revocation notice,
appeal the revocation notice to the board of appeals as provided by section [5 6.3,] 6 -9.2,
County Charter and sections 25 -2 -20 through 25 -2 -24. An appeal to the board of appeals
shall stay the provisions of the director's order pending the final decision of the board of
appeals."
SECTION 14. Severability. 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 15. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material and
underscoring need not be included.
SECTION 16. This ordinance shall take effect upon approval.
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2 "d Reading:
Effective Date:
REFERENCE* Comtri 394
INTRmDUCED BY:
COUNCIL MEMBE
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TY OF HAWAII