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Mayor's Third Supplementary Emergency Proclamation for COVID-19

Post Date:04/01/2020 8:45 AM

THIRD SUPPLEMENTARY EMERGENCY PROCLAMATION

WHEREAS, Chapter 127A Hawaiʻi Revised Statutes, provides for the establishment of emergency management and disaster relief, including the Mayor having direct responsibility and authority over emergency management within the County; and

WHEREAS, Chapter 127A Hawaiʻi Revised Statutes and Chapter 7, Articles 1 and 2 of the Hawaiʻi 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 Hawaiʻi County Charter empowers the Mayor of the County to declare emergencies; and

WHEREAS, on February 28, 2020, the Mayor of the County of Hawaiʻi issued an Emergency Proclamation declaring a state of emergency due to the outbreak of COVID-19 virus being recognized as a public health emergency of international concern and a public health emergency for the United States; and

WHEREAS, on March 4, 2020, the Governor of the State of Hawaiʻi issued a Proclamation declaring a state of emergency based upon the actions and directives of the President of the United States, the World Health Organization, the United States Centers for Disease Control and Prevention, and current conditions warranting preemptive and protective actions related to the outbreak of COVID-19 virus; and

WHEREAS, on March 11, 2020, the Mayor of the County of Hawaiʻi issued the   Supplementary Emergency Proclamation issuing further orders for response to COVID-19; and

WHEREAS, on March 16, 2020, the Governor of the State of Hawaiʻi issued the Supplementary Proclamation further suspending State laws that impeded the state-wide response to COVID-19; and

WHEREAS, on March 21, 2020, the Governor of the State of Hawaiʻi issued the Second Supplementary Proclamation issuing an Order that all persons coming into the State of Hawaiʻi shall be subject to a period of self-quarantine; and

WHEREAS, on March 23, 2020, the Governor of the State of Hawaiʻi issued the Third Supplementary Proclamation issuing an Order stating “All persons in the State Must Stay at Home or in Their Place of Residence” with exceptions for essential business or operations; and

WHEREAS, on March 24, 2020, the Mayor of the County of Hawaiʻi issued the Second Supplementary Emergency Proclamation issuing further orders for response to COVID-19, the suspension of meetings and hearings and postponement of permit deadlines and automatic approvals; and

WHEREAS, due to the possibility of imminent emergency or disaster due to bodily injury to residents of Hawaiʻi Island, and the need for government agencies and representatives from the private sector to mobilize and provide financial and other immediate services to our island residents, a state of emergency is authorized pursuant to Chapter 127A Hawaiʻi Revised Statutes, and Chapter 7, Hawaiʻi County Code; and

WHEREAS, Section 127A-13(b)(1) Hawaiʻi Revised Statutes provides that during a state of emergency the Mayor may relieve 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 operations of federal programs or measures, may suspend county laws in whole or in part; and

WHEREAS, to aid in the prevention of spreading the COVID-19 virus the use of single-use plastic bags for the transport of food and other material should be allowed and the County of Hawaiʻi’s Plastic Bag Reduction Chapter 14 Article 20, Hawaiʻi County Code, would hamper this effort; and

WHEREAS, there is a need to clarify the Second Supplementary Emergency Proclamation’s order number 2 Permit Deadlines and Automatic Approvals that the Hawaiʻi  County Code Chapter 19 Section 19-91 Appeal filing deadline of April 9 is not suspended due to the negative effect it will have on the certification of values and the budgetary process.

NOW, THEREFORE, I, HARRY KIM, Mayor of the County of Hawaiʻi, do hereby proclaim and declare that a state of emergency exists due to the imminent danger or threat of emergency on the Hawaiʻi Island and hereby authorize and invoke the following measures under Section 127A-13(b)(1) Hawaiʻi Revised Statutes, as amended:

the following shall be suspended during this state of emergency:

  1. Hawaiʻi County Code Chapter 14 Article 20 Plastic Bag Reduction; and
  2. Hawaiʻi County Code Chapter 20 Section 20-35(a)(b)(d); Section 20-46(c); Section 20-47; and
  3. Hawaiʻi County Code Chapter 21 Section 21-5; Section 32(b).

The following is a clarification of Second Supplementary Emergency Proclamation’s order number 2 Permit Deadlines and Automatic Approval:

It is hereby clarified as not to include Hawaiʻi County Code Chapter 19 Section 19-91 Real Property Tax Appeal filing deadline of April 9. The remainder of order 2 shall remain in full force and effect.

This Third Supplementary Emergency Proclamation, the Second Supplementary Emergency Proclamation on March 24, 2020, the Supplementary Emergency Proclamation issued on March 11, 2020 and the Emergency Proclamation issued on February 28, 2020, all shall remain in full force and effect and shall be effective Wednesday,  April 1, 2020, and continuing thereon for 60 days or until further act by this office.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of Hawaiʻi to be affixed.  Done this 1st day of April 2020 in Hilo, Hawaiʻi.

 

HARRY KIM
Mayor
County of Hawaiʻi

View the Signed Mayor's Third Supplementary Emergency Proclamation for COVID-19

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