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Mayor Kim Signs Second Supplementary Emergency Proclamation

May 30, 2018, 1:49 PM HST
* Updated May 31, 7:53 AM
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Hawai‘i County Mayor Harry Kim has released the following second supplementary emergency proclamation regarding the eruptions and lava flows happening on the East Rift Zone of the Big Island:

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, 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 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

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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

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

WHEREAS, Section 127A -13(b)(1) Hawai‘i Revised Statute, provides that during the emergency period, the Mayor may “[r]elieve 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 the alleviating the provisions of county laws on such terms and conditions as the mayor may impose….”; and

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WHEREAS, Section19-47 Hawai‘i County Code states that for real property purposes, “tax year” shall mean the fiscal year beginning July 1 of each calendar year and ending June 30th of the following calendar year. Real property shall be assessed, and taxes shall be levied thereon, as of January 1 preceding each tax year upon the basis of valuations determined in the manner and at the time provided in this chapter;

WHEREAS, the real property tax assessments established on January 1, 2018, do not reflect the present value of properties made uninhabitable or isolated by this eruptive event, and

WHEREAS, I find that if the real property assessments established on January 1, 2018 are maintained, hardship and inequities will occur to those who lost their home or real property due to uninhabitability or isolation from this eruptive event;

WHEREAS, in order to relieve this hardship and inequity, properties that are uninhabitable or isolated need to be reassessed;

NOW, THEREFORE, I, Harry Kim, Mayor of the County of Hawai‘i, do hereby proclaim and declare that a state of emergency continues exists due to threat of imminent disaster on the Hawai‘i Island, effective 0642, May 22, 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 section of the Hawai‘i County Code be suspended: Chapter 19, Section 19-47 as it applies to those parcels that suffered uninhabitability or isolation due to this eruptive event described as Leilani
Estates, Lanipuna Gardens, Pohoiki Bay Estates and Kapoho Estates and further described and detailed on Exhibit “A” attached; and

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of Hawai‘i to be affixed. Done this 22nd day of May 2018 in Hilo, Hawai‘i.

Harry Kim
Mayor
County of Hawai‘i

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