HomeMy WebLinkAboutThird Supplementary Emergency Proclamation July 2,2018THIRD SUPPLEMENTARY EMERGENCY PROCLAMATION
WHEREAS, Chapter 127A Hawai'i 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 Hawai'i Revised Statutes and Chapter 7, Articles 1
and 2 of the Hawai'i 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, on May 3, 2018, the Mayor of the County of Hawai'i 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 Hawai'i 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 Hawai'i Revised Statutes; and
WHEREAS, on May 22, 2018, the Mayor of the County of Hawaii issued a
Supplementary Emergency Proclamation suspending Hawaii County Code, Chapter 19,
Section 19-47, related to real property tax assessments to those parcels that suffered
uninhabitability or isolation due to this eruptive event in those areas described as Leilani
Estates, Lanipuna Gardens, Pohoiki Bay Estates and Kapoho Estates; and
WHEREAS, on May 30, 2018, the Mayor of the County of Hawaii issued a
Second Supplementary Emergency Proclamation suspending several County Code
provisions related to the preparation, set-up, construction, or installation of temporary
emergency shelters for residents displaced or voluntarily evacuated due the active lava
eruption; and
WHEREAS, on May 30, 2018, the Mayor of the County of Hawai'i issued Mayor's
Emergency Rule #1 restricting access to the area containing Kapoho Beach Lots,
Vacationland and Kapoho Farm Lots; and
WHEREAS, on May 31, 2018, the Mayor of the County of Hawaii issued a
Mandatory Evacuation Order for identified areas within the Leilani Estates subdivision;
and
WHEREAS, the United States Geological Survey (USGS) Hawaii Volcano
Observatory (HVO), cannot project an end date to this eruptive event and has noted
that previous eruptive events in the area have lasted for several months; and
WHEREAS, as of this date, the eruption has inundated over 6,000 acres of land
and destroyed over 600 structures; and
WHEREAS, due to the ongoing eruption's increasing areas of inundation, I have
determined that it is necessary to supplement and expand my May 22, 2018
Supplementary Emergency Proclamation related to real property tax assessments in
those areas described as Leilani Estates, Lanipuna Gardens, Pohoiki Bay Estates and
Kapoho Estates to include a larger area; and
WHEREAS, Section 127A -13(b)(1), Hawai'i Revised Statutes, provides that
during the emergency period, the Mayor may "[rjelieve 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 alleviating
the provisions of county laws on such terms and conditions as the Mayor may
impose..."; and
WHEREAS, Section 19-68 (a)(3), Hawai'i County Code, states that homeowners'
exemptions are to be applied at least one-half year after the approval of that exemption;
and
WHEREAS, I find that homeowners that are able to relocate from the affected
area not being able to have their homeowner's exemption relocate with them until one-
half year later places an unnecessary hardship and inequity upon them; and
WHEREAS, to relieve hardship and inequity, for those persons who have
relocated from the affected area due to uninhabitability or isolation to a new property
which they intend to own and occupy as a principal home or residence, the period for
claiming and applying a home owner exemption must be suspended; and
NOW, THEREFORE, I, Harry Kim, Mayor of the County of Hawaii, do hereby
proclaim and declare that a state of emergency exists due to threat of imminent disaster
on the Hawaii Island, effective 07:30 ., July 2, 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) Hawai'i Revised
Statutes, the following sections of the Hawai'i County Code be suspended:
1. Chapter 19, Section 19-47 as it applies to those parcels that suffered
uninhabitability or isolation or potential uninhabitability or isolation due to this
eruptive event described as and further described and detailed on Exhibit "A"
attached; and
2. Chapter 19 section 19-68(a)(3) as it applies to those who had homeowner's
exemptions pursuant to section 19-68 in the area described as Leilani
Estates, Lanipuna Garden, Pohoiki Bay Estates, Kapoho Estates, _____ and
further described and detailed on Exhibit "A" attached.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of
the County of Hawai'i to be affixed. Done this 2nd day of July, 2018 in
Hilo, Hawai'i.
Harry Kim
Mayor
County of Hawai'i
County of Hawaii
Department of Finance
Real Property Tax Division
3rd Supplementary
Proclamation
Mahukona
Kawaihae
Kailua-
Kona
Honaunau
Milolii
Lava Flow Outline 6/26/18
(provided by USGS)
Area A
Area B
Hawi
Paauilo
Ninole
Honomu
Hilo
Naalehu
Sources:
County of Hawai`i, Civil Defense Agency
County of Hawai`i, Planning Dept.
UH Hilo SDAV Lab
U.S. Geological Survey, HVO
apoho
Kalapana
Disclaimer:
This map was generated to provide quick and easy information. The
information on this map is subject to change without notice. Persons using
this data should NOT rely upon this information in formulating important
decisions that affect their financial future nor should this information be
considered as legal documentation. No warranties, expressed or implied, are
provided for the data herein, its use or its interpretation. Utilization of this
map indicates understanding and acceptance of this statement by the user.
Date: 6/27/18