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Home My WebLink About2018-05-30 - Lava Second Supplementary Emergency ProclamationHarry Kim Mayor ILTuu±1r of Paiinii`i Ma of flp Aztvor Wil Okabe Managing Director Barbara J. Kossow Deputy Managing Director 25 Aupuni Street, Suite 2603 • Hilo, Hawai`i 96720 • (808) 961-8211 • Fax (808) 961-6553 apo KONA: 74-5044 Ane Keohokalole Hwy., Bldg. C • Kailua-Kona, Hawai`i 96740 (808) 323-4444 • Fax (808) 323-4440 LAJ C -"< SECOND SUPPLEMENTARY EMERGENCY PROCLAMATION. WHEREAS, Chapter 127A Hawaii Revised Statutes, provides for the establishment of County organizations for emergency management and disaster relgf 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 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, on May 22, 2018, the Mayor of the County of Hawaii issued a Supplemental Emergency Proclamation suspending Section 19-47 of the Hawaii County Code relating to real property tax assessments for parcels in Leilani Estates, Lanipuna Gardens, Pohoiki Bay Estates or Kapoho Estates rendered uninhabitable and/or isolated due to the active lava eruption; 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 continues to issue warnings; and WHEREAS, a significant and potentially growing number of residents of Leilani Estates, Lanipuna Gardens, Pohoiki Bay Estates, Kapoho Estates, the greater Kapoho area, and nearby and surrounding areas have been displaced from their residences due to the active lava eruption either permanently or for an unknown duration, as one hundred twenty eight or more structures have already been destroyed, cut off, or otherwise rendered at least temporarily uninhabitable by the lava eruption, the lava eruption threatens to consume more structures, and the lava eruption has caused emissions including gasses which along with the threatened hazard of potential lava inundation, have caused a number of residents to voluntarily evacuate their residences; and WHEREAS, the significant and growing number of residents displaced and/or voluntarily evacuated due to the active lava eruption are in need of temporary emergency shelter; and WHEREAS, the County of Hawaii has been providing temporary emergency shelter for a number of residents displaced and/or voluntarily evacuated due to the active lava eruption in shelters or on sites intended for very short-term temporary use; however, due to the growing number of displaced or voluntarily evacuated persons, undetermined duration of the active lava eruption, and the number of residents who have permanently lost their residences, there is an immediate and growing need to provide temporary emergency shelters for residents displaced and/or voluntarily evacuated due to the active lava eruption which will also be used temporarily, but are suitable for longer-term use; and WHEREAS, certain non-profit and/or other private entities have expressed interest in providing longer-term temporary emergency shelters for persons displaced and/or voluntarily evacuated due to the active lava eruption, which may require certain site preparation and/or the construction and/or installation of structures that would require certain reviews, approvals, and/or permits from the County of Hawaii under normal circumstances; and 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, the preparation, set-up, construction, and/or installation of the temporary emergency shelters for displaced or voluntarily evacuated residents on either public or private lands would normally require approvals, reviews, or permits from various County of Hawaii Departments pursuant to the following Chapters of the Hawaii County Code: Chapter 5, regarding Building; Chapter 9, regarding Electricity; Chapter 10, regarding Erosion and Sedimentation Control; Chapter 17, regarding Plumbing; Chapter 23, regarding Subdivisions; Chapter 25, regarding Zoning; and, Chapter 26, regarding Fire; and WHEREAS, I find that if the Chapters of the Hawaii County Code cited above are maintained, then hardship and inequities, or obstructions to the public welfare will -2- befall those residents displaced or voluntarily evacuated due to this eruptive event who are in need of temporary longer-term emergency shelter; and WHEREAS, in order to relieve this hardship and inequity, or obstruction to public welfare, it is necessary to suspend the above-cited provisions of the Hawaii County Code to allow for the rapid preparation, set-up, construction, and/or installation of the longer-term temporary emergency shelters for displaced or voluntarily evacuated residents on public lands, and certain private lands if the private landowner(s) execute a Memorandum of Agreement with the Director of the Department of Public Works for the County of Hawaii to ensure that certain minimum guidelines are met to protect public health and safety; and NOW, THEREFORE, I, Harry Kim, Mayor of the County of Hawaii, do hereby proclaim and declare that a state of emergency continuesn�`to exist due to threat of imminent disaster on the Hawaii Island, effective ?0 , mak, a0l R and continuingthereon for 60 days or until further act bythis off. Notwithstandingthe Y termination of a disaster emergency relief period, any contracts, agreements, procurements, programs, or employment of personnel entered into, started, or continued by reason of the provisions of my proclamations relating to this emergency shall continue. However, any contract entered into under this Proclamation for providing services pursuant to this Proclamation or an associated Memorandum of Agreement shall be limited to a period not to exceed twelve (12) months, but may be extended for a period of six (6) months provided such extension is at no additional cost above existing contract compensation and payment schedules. I FURTHER ORDER, that pursuant to Section 127A -13(b)(1) Hawaii Revised Statutes, the following Chapters of the Hawaii County Code are suspended to prepare, set-up, construct, or install longer-term temporary emergency shelters for residents displaced or who voluntarily evacuated due to the active lava eruption on either public lands or certain private lands if the private landowner(s) have executed a Memorandum of Agreement with the Director of the Department of Public Works for the County of Hawaii to ensure that certain minimum guidelines are met to protect public health and safety: Chapter 5, regarding Building; Chapter 9, regarding Electricity; Chapter 10, regarding Erosion and Sedimentation Control; Chapter 17, regarding Plumbing; Chapter 23, regarding Subdivisions; Chapter 25, regarding Zoning; and, Chapter 26, regarding Fire. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of Hawaii to be affixed. Done this day of V'fla t ao SU in Hilo, Hawaii. J Harry Kim Mayor County of Hawaii -3-