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Tuesday
Aug012017

Emergency Proclamation Hale Kikaha Project

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 Hawai’i 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, homeless individuals have established an encampment at the County of Hawai’i’s Old Kona Airport Park, District of South Kona, County and State of Hawai’i; and

WHEREAS, the homeless individuals at the Old Kona Airport Park were removed from the park grounds; and

WHEREAS, these homeless individuals could be temporarily sheltered at the grounds of the Hale Kikaha Project located in the District of North Kona County and State of Hawai’i; and

WHEREAS, these unsheltered homeless individuals are without access to adequate bathroom, shower and living facilities; and

WHEREAS, these unsheltered homeless individuals require health and social services in order to maintain themselves safely and in reasonable health; and

WHEREAS, the lack of secure, safe and sanitary shelter, and adequate health and social services for these homeless people is endangering the health, safety and welfare of these people and pose a threat to the environment and public health, and demands emergency action to prevent or mitigate suffering, injury, loss, or damage to persons and property; and

WHEREAS, pursuant to section 127A- 13( b)( 1) Hawai’i Revised Statutes the Mayor has the authority to relieve hardships and inequities, or obstructions 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 Chapter 127A Hawai’i Revised Statutes, by suspending the county laws, in whole or in part, or by alleviating the provisions of county laws on such terms and conditions the Mayor may impose; and

WHEREAS, pursuant to section 127A- 13( b)( 2) Hawai’i Revised Statutes the Mayor has the authority to suspend any county law that impedes or tends to impede or to be detrimental to the expeditious and efficient execution of, or to conflict with emergency functions, including the laws by which Chapter 127A Hawai’ i Revised Statutes, specifically are made applicable to emergency personnel; and

WHEREAS, due to the possibility of threat to the environment and public health to residents of the District of South and North Kona, Hawai’i Island, and the need for government agencies and representatives from the private sector to mobilize and provide immediate services to our island residents, a state of emergency is authorized pursuant to Chapter 127A Hawai’i Revised Statutes, and Chapter 7, Hawai’i County Code.

NOW, THEREFORE, I, HARRY KIM, Mayor of the County of Hawai’i, do hereby proclaim and declare that an emergency contemplated by section 127A- 14, Hawaii Revised Statutes has occurred in the County of Hawai’i and hereby proclaim an emergency for the purposes of implementing the emergency management functions as allowed by law, effective August 1, 2017, and continuing thereon for 60 days or until further act by this office.

I FURTHER DECLARE, that pursuant to sections 127A- 13( b)( 1) and ( 2) the following County laws are suspended during the emergency period as they relate to the grounds of Hale Kikaha Project located in the District of North Kona, County and State of Hawai’i:

  1. Chapter 5 Building Code.
  2. Chapter 25 Zoning Code.
  3. Chapter 26 Fire Code.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of Hawai’i to be affixed. Done this 1st day of August, 2017 in Hilo, Hawai’i.

Signed Harry Kim Mayor, County of Hawai’i

Please view the Official Emergency Proclamation in our Public Documents.