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Home My WebLink About2018-07-02 - Lava Third Supplementary Emergency ProclamationHarry Kim Mayor Wil Okabe Managing Director Barbara Kossow Deputy Managing Director atitutt of ahixaii CIVIL DEFENSE AGENCY 920 Ululani Street • Hilo, Hawai'i 96720-3958 (808) 935-0031 • Fax (808) 935-6460 TO: Office of the County Cler FROM: Talmadge Magno Civ Defen,•' dminis DATE: July 2, 2018 SUBJECT: Transmittal of the Lava Third Supplementary Emergency Proclamation, dated July 2 2018. Talmadge J. Magno Civil Defense Administrator 130.1.1 1f� O -< "it-5 m. VO This is a transmittal of the Emergency Proclamation issued by the Mayor for Lava Third Supplementary Emergency Proclamation dated July 2, 2018 to the County Clerk, who is the custodian of records Received by: Print Name: Date: *A), mo -e, 746,/a Hawai'i County is an equal opportunity provider and employer Harry Kim Mayor Wil Okabe Managing Director Barbara J. Kossow Deputy Managing Director Coon r>a ®ffirQ offttijvr 25 Aupuni Street, Suite 2603 • Hilo, Hawaii 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 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 Hawaii 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 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 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 Hawaii 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), Hawaii 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), Hawaii 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 .0730 ., Jw1� 2 A0/6, and continuing thereon for 60 days or until further act by this office. I 2 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 Leila -hi 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 Hawaii to be affixed. Done this .'midday of ,) 20/0 in Hilo, Hawaii. Harry Kim Mayor County of Hawaii Y • Pahoa eo P\'P� 4 r • FOREST RD ENNIO 0 ( 0 Ro )IKapoho co 0 0 N A County of Hawaii Department of Finance Real Property Tax Division 3rd Supplementary Proclamation Lava Flow Outline 6/26/18 (provided by USGS) fl Area A Area B Mahukona Kawaihae Kai/11a- Kona Honaunau Milol Hawi I'aauilo Ninole Honomu Hilo Naalehu Sources: County of Hawaii, Civil Defense Agency County of Hawaii, Planning Dept. UH Hilo SDAV Lab U.S. Geological Survey, HVO apoho apana Disclaimer. This map was generated to provide quick and easy information. The information on this map is subject 10 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