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Kīlauea Eruption
Saturday
Sep082018

Mandatory Evacuation Order Rescinded

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 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, on May 3, 2018, the Mayor of the County of Hawai‘i and the Governor of the State of Hawai‘i 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 Hawai‘i; 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 Hawai‘i issued a Supplementary Emergency Proclamation suspending Hawai‘i 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 Hawai‘i 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 to 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 Hawaiʻi issued a Mandatory Evacuation Order for all that area of Leilani Estates subdivision, including and East of Pomaikai Street; and

WHEREAS, on July 2, 2018, the Mayor of the County of Hawaiʻi issued a Third Supplementary Emergency Proclamation providing for real property tax adjustments for areas deemed affected by the eruptive activity; and

WHEREAS, on August 31, 2018, the Mayor of the County of Hawai‘i issued a Fourth Supplementary Emergency Proclamation continuing the state of emergency and issuing a prohibition from people entering or remaining on the lava fields; and

WHEREAS, the United States Geological Survey (USGS) Hawai‘i Volcano Observatory (HVO), at this time cannot project an end date to this eruptive event; and

WHEREAS, the United States Geological Survey (USGS) Hawai‘i Volcano Observatory (HVO) has lowered the volcanic threat level from red to orange, further that present lava activity is currently confined to the Fissure 8 cone and Sulfur Dioxide (SO2) emission levels are low; and

WHEREAS, despite the lowered volcanic threat level from red to orange, the present lava activity is currently confined to Fissure 8 cone, and SO2 emission levels are low, the United States Geological Survey (USGS) Hawai‘i Volcano Observatory (HVO) has nevertheless advised that eruptive events such as lava flow and related emissions can occur at any time; and

WHEREAS, a Voluntary Evacuation Advisory of all areas of Leilani Estates, Lanipuna Gardens, Pohoiki Bay Estates, Kapoho Estates, Kapoho Beach Lots, Vacationland, and Kapoho Farm Lots is necessary due to the hazards presented by this eruptive event and that first responders may not be able to respond timely to those areas should eruptive events such as lava flow and related emissions occur.

NOW, THEREFORE, I, Harry Kim, Mayor of the County of Hawai‘i, do hereby RESCIND the Mandatory Evacuation Order issued May 31, 2018. Access will be limited to residents of Leilani Estates and residents beyond the check point of Highway 132 and Kaniahiku Street.

FURTHER, that all prior Proclamations and Emergency Rules remain in full force and effect.

FURTHER, that a Voluntary Evacuation Advisory of all areas of Leilani Estates, Lanipuna Gardens, Pohoiki Bay Estates, Kapoho Estates, Kapoho Beach Lots, Vacationland, and Kapoho Farm Lots is in effect due to the hazards presented by this eruptive event and that first responders may not be able to respond timely to those areas.

This Order is effective 9:00 o’clock a.m. this 8th day of September 2018.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of Hawai‘i to be affixed. Done this 8th day of September 2018 in Hilo, Hawai‘i.

Harry Kim
Mayor
County of Hawai‘i

View the signed Mandatory Evacuation Order Rescinded