By Staff Reports
(LĪHU‘E) – Mayor Derek S. K. Kawakami has signed a seventh supplementary emergency proclamation on Monday, March 4, for the County of Kaua‘i, extending the emergency relief period for damages sustained during the flood of April 2018.
The mayor’s seventh supplementary emergency proclamation further declares the provisions of all previous emergency proclamations. The disaster emergency relief period shall now continue until terminated 60 days after March 4, 2019, or by a separate proclamation – whichever comes first.
This proclamation also extends an emergency rule and order (Rule #1) prohibiting the operation of Transient Vacation Rentals (TVRs) in the Lumaha‘i, Wainiha, and Hā‘ena area, and limiting the accessibility to said area.
As a result of Rule #1, which has been in effect since May 4, 2018, Mayor Kawakami in his seventh supplementary emergency proclamation has alleviated the requirements of the Kaua‘i County Code Section 8-13.2(b) and Section 8-17.10(h) for owners or lessees of nonconforming TVRs who had valid nonconforming use certificates at the time Rule #1 was implemented. This means that valid TVRs in the affected area that were unable to operate in 2018 due to Rule #1, will still be allowed to renew their use-certificates for 2019.
“It is only fair that I grant this exception for affected Transient Vacation Rentals who were unable to meet the county’s use-requirements because of the emergency rule in place,” said Mayor Kawakami. “We continue to thank our residential and business community for their patience and understanding during this very difficult time.”
Access to the Wainiha-Hā‘ena area remains limited to the following persons, agencies, and organizations:
- Residents (no visitors);
- County/state/federal governmental employees and verified governmental contractors;
- Employees and volunteers for the following types of non-governmental organizations:
- Utility providers;
- Recognized humanitarian/disaster response and recovery entities;
- Insurance industry – Serving verified residents/property owners;
- Residential or infrastructure construction/repair contractors – Serving verified residents/property owners;
- Area businesses and non-profits engaged by County/State/Federal government in response/recovery operations; and
- Other NGO entities, as approved or requested by the County of Kaua’i, State of Hawai‘i or the federal government.
- Vehicles with a GVWR of 8 tons (16,000 lbs.) and under, with Hawai‘i Department of Transportation-authorized exceptions for appropriate emergency response vehicles.
The public is warned that any person violating this emergency rule and order shall be guilty of a misdemeanor. Upon conviction, the person(s) shall be fined not more than $5,000, or imprisoned not more than one year, or both.
A copy of the rule, along with the seventh supplementary emergency proclamation and previous emergency proclamations are available by visiting the County of Kaua‘i’s online “April 2018 Flood Recovery” page at,www.kauai.gov.