HomeMy WebLinkAbout2020-04-01 - Third Supplementary Emergency Proclamation - CoronavirusHarry Kim
Mayor
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Roy Takemoto
Managing Director
Barbara 3. Kossow
Deputy Managing Director
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25 Aupuni Street, Suite 2603 • Hilo, Hawai'i 96720 • (808) 961-8211 • Fax (808) 961-6553
KONA: 74-5044 Ane Keohokalole Hwy., Bldg C • Kailua-Kona, Hawai'i 96740
(808) 323-4444 • Fax (808) 323-4440
THIRD SUPPLEMENTARY EMERGENCY PROCLAMATION
WHEREAS, Chapter 127A Hawaii Revised Statutes, provides for the establishment of
emergency management and disaster relief, including the Mayor having direct responsibility and
authority over emergency management within the County; and
WHEREAS, Chapter 127A Hawaii Revised Statutes and Chapter 7, Articles 1 and 2 of
the Hawaii County Code, establishes a Civil Defense Agency within the County of Hawaii and
prescribes its powers, duties, and responsibilities, and Section 13-23 of the Hawaii County
Charter empowers the Mayor of the County to declare emergencies; and
WHEREAS, on February 28, 2020, the Mayor of the County of Hawaii issued an
Emergency Proclamation declaring a state of emergency due to the outbreak of COVID-19 virus
being recognized as a public health emergency of international concern and a public health
emergency for the United States; and
WHEREAS, on March 4, 2020, the Governor of the State of Hawaii issued a
Proclamation declaring a state of emergency based upon the actions and directives of the
President of the United States, the World Health Organization, the United States Centers for
Disease Control and Prevention, and current conditions warranting preemptive and protective
actions related to the outbreak of COVID-19 virus; and
WHEREAS, on March 11, 2020, the Mayor of the County of Hawaii issued the
Supplementary Emergency Proclamation issuing further orders for response to COVID-19; and
WHEREAS, on March 16, 2020, the Governor of the State of Hawaii issued the
Supplementary Proclamation further suspending State laws that impeded the state-wide response
to COVID-19; and
County of Hawaii is an Equal Opportunity Provider and Employer.
WHEREAS, on March 21, 2020, the Governor of the State of Hawaii issued the Second
Supplementary Proclamation issuing an Order that all persons coming into the State of Hawaii
shall be subject to a period of self -quarantine; and
WHEREAS, on March 23, 2020, the Governor of the State of Hawaii issued the Third
Supplementary Proclamation issuing an Order stating "All persons in the State Must Stay at
Home or in Their Place of Residence" with exceptions for essential business or operations; and
WHEREAS, on March 24, 2020, the Mayor of the County of Hawaii issued the Second
Supplementary Emergency Proclamation issuing further orders for response to COVID-19, the
suspension of meetings and hearings and postponement of permit deadlines and automatic
approvals; and
WHEREAS, due to the possibility of imminent emergency or disaster due to bodily
injury to residents of Hawaii Island, and the need for government agencies and representatives
from the private sector to mobilize and provide financial and other immediate services to our
island residents, a state of emergency is authorized pursuant to Chapter 127A Hawaii Revised
Statutes, and Chapter 7, Hawaii County Code; and
WHEREAS, Section 127A -13(b)(1) Hawaii Revised Statutes provides that during a state
of emergency the Mayor may relieve hardship and inequities or obstruction to public health,
safety or welfare found by the Mayor to exist in the laws of the county and to result from the
operations of federal programs or measures, may suspend county laws in whole or in part; and
WHEREAS, to aid in the prevention of spreading the COVID-19 virus the use of single -
use plastic bags for the transport of food and other material should be allowed and the County of
Hawai`i's Plastic Bag Reduction Chapter 14 Article 20, Hawaii County Code, would hamper
this effort; and
WHEREAS, there is a need to clarify the Second Supplementary Emergency
Proclamation's order number 2 Permit Deadlines and Automatic Approvals that the Hawaii
County Code Chapter 19 Section 19-91 Appeal filing deadline of April 9 is not suspended due to
the negative effect it will have on the certification of values and the budgetary process.
2
NOW, THEREFORE, I, HARRY KIM, Mayor of the County of Hawaii, do hereby
proclaim and declare that a state of emergency exists due to the imminent danger or threat of
emergency on the Hawaii Island and hereby authorize and invoke the following measures under
Section 127A -13(b)(1) Hawaii Revised Statutes, as amended:
the following shall be suspendedduring this state of emergency:
(1) Hawaii County Code Chapter 14 Article 20 Plastic Bag Reduction; and
(2) Hawaii County Code Chapter 20 Section 20-35(a)(b)(d); Section 20-46(c);
Section 20-47; and
(3) Hawaii County Code Chapter 21 Section 21-5; Section 32(b).
The following is a clarification of Second Supplementary Emergency
Proclamation's order number 2 Permit Deadlines and Automatic Approval:
It is hereby clarified as not to include Hawaii County Code Chapter 19 Section 19-
91 Real Property Tax Appeal filing deadline of April 9. The remainder of order 2
shall remain in full force and effect.
This Third Supplementary Emergency Proclamation, the Second Supplementary
Emergency Proclamation on March 24, 2020, the Supplementary Emergency Proclamation
issued on March 11, 2020 and the Emergency Proclamation issued on February 28, 2020, all
shall remain in full force and effect and shall be effective , , 2020,
and continuing thereon for 60 days or until further act by this office.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the
County of Hawaii to be affixed. Done this JSP day of '1 2020 in Hilo, Hawaii.
HARRY KIM ;
Mayor
County of Hawaii