HomeMy WebLinkAboutSupplementary Emergency Proclamation May 22, 2018Harry Kim
Mayor
Wil Okabe
Managing Director
Barbara J. Kossow
Deputy Managing Director
County of Hawaii
Office of the Mayor
25 Aupuni Street, Suite 2603 & Hilo, Hawaii 96720 * (808) 961-8211 a Fax (808) 961-6553
KONA: 74-5044 Ane Keohokalole Hwy., Bldg. C * Kailua-Kona, Hawaii 96740
(808)3234444 * Fax(808)323-4440
SUPPLEMENTARY EMERGENCY PROCLAMATION
WHEREAS, Chapter 127A Hawaii Revised Statutes, provides for the
establishment of County organizations for emergency management and disaster relief
with the Mayor having direct responsibility and authority over emergency management
within the County.
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 Hawai,i'County Charter empowers the Mayor of the County to
declare emergencies; and
WHEREAS, Chapter 127A Hawaii Revised Statutes, provides for the
establishment of County organizations for emergency management and disaster relief
with the Mayor having direct responsibility and authority over emergency management
within the County.
WHEREAS, Chapter 127A Hawaii Revised Statutes and Chapter 7, Articles
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 May 3, 2018, the Mayor of the County of Hawaii and the
Governor of the State of Hawaii issued respective Emergency Proclamations declaring
states of emergency due to active lava erupting along the East Rift Zone in Lower Puna,
County and State of Hawaii; and
WHEREAS, on May 9, 2018, the Governor of the State of Hawaii issued a
Supplementary Proclamation expanding the scope and application of his Proclamation
in order to provide further emergency disaster relief by suspending additional sections
of the Hawaii Revised Statutes; and
WHEREAS, the United State Geological Survey (USGS) Hawaii Volcano
Observatory (HVO), at this time cannot project an end date to this eruptive event and
continue to issue warnings;
WHEREAS, Section 127A -13(b)(1) Hawaii Revised Statute, provides that during
the emergency period, the Mayor may "[r]elieve 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 operation of federal programs or measures taken under this
chapter, by suspending the county laws in whole or in part, or by the alleviating the
provisions of county laws on such terms and conditions as the mayor may impose....";
and
WHEREAS, Section19-47 Hawaii County Code states that for real property
purposes, "tax year" shall mean the fiscal year beginning July 1 of each calendar year
and ending June 30th of the following calendar year. Real property shall be assessed,
and taxes shall be levied thereon, as of January 1 preceding each tax year upon the
basis of valuations determined in the manner and at the time provided in this chapter;
WHEREAS, the real property tax assessments established on January 1, 2018,
do not reflect the present value of properties made uninhabitable or isolated by this
eruptive event, and
WHEREAS, I find that if the real property assessments established on January 1,
2018 are maintained, hardship and inequities will occur to those who lost their home or
real property due to uninhabitability or isolation from this eruptive event;
WHEREAS, in order to relieve this hardship and inequity, properties that are
uninhabitable or isolated need to be reassessed;
NOW, THEREFORE, I, Harry Kim, Mayor of the County of Hawaii, do hereby
proclaim and declare that a state of emergency continues exists due to threat of
imminent disaster on the Hawaii Island, effective 0642, May 22, 2018, and continuing
thereon for 60 days or until further act by this office.
I FURTHER ORDER, that pursuant to Section 127A -13(b)(1) Hawaii Revised
Statutes the following section of the Hawaii County Code be suspended:
Chapter 19, Section 19-47 as it applies to those parcels that suffered
uninhabitability or isolation due to this eruptive event described as Leilani
Estates, Lanipuna Gardens, Pohoiki Bay Estates and Kapoho Estates and further
described and detailed on Exhibit "A" attached; and
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of
the County of Hawaii to be affixed. Done this 22nd day of May 2018 in Hilo,
Hawaii.
Harry Kim
Mayor
County of Hawaii
-2-
County of Hawaii
Department of Finance
Real Property Tax Division
Proclamation RPT
Named Subdivisions
KAPOHO ESTATES
LANIPUNA GARDENS
LEILANI ESTATES
POHOIKI BAY ESTATES
Sources:
Countyof Hawaii, Civil Defense Agency
County of Hawaii, Planning Dept.
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Date: 5/17/18