BIL 194 Draft 02 2012-2014 - Laserfiche WebLink

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COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 194 (DRAFT 2) AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 4, SECTION 21 -32 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO BILLING OF CHARGES; PAYMENT; LATE PENALTY. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L• SECTION 1. Chapter 21, Article 4, Section 21 -32, of the Hawai'i County Code 1983 (2005 edition, as amended), is amended to read as follows: Section 21 -32. Billing of charges; payment; late penalty. (a) The sewer service charge levied pursuant to this chapter shall be collected by the director of finance or any bank designated by the wastewater division as an agent for collection. Billings for sewer service charges of nonresidential users shall be processed monthly or bimonthly in accordance with the department of water supply billing cycle. Billing for single unit and multi- unit residential users shall be processed monthly or bimonthly. (b) Payment shall be due thirty days after date of bill. In addition, interest at the rate of one and one - half percent per month shall be imposed upon the outstanding balance for all accounts that are past due. (c) Charges for sewer service shall be billed to the owner or owners of the lot, parcel of land, building or premises, (herein, referred to as the "property ") to which the services are provided. If requested by the owner, the department will bill a tenant or other individual designated (herein, referred to as the "designated person ") by the owner. Such request shall be in writing and signed by all parties involved, including all property owners and the designated person. The property owners and the designated person shall be jointly and severally liable for the entire sewer service charge without further notice of any delinquency to the property owners. (d) Where a landlord has requested that the department bill a tenant pursuant to paragraph (c): (1) the director shall notify the landlord if a tenant's payment is past due; and (2) the interest on the outstanding balance shall not commence until thirty days after the department has sent such notice to the landlord of the delinquency. (e) Sewer service charges levied shall be a debt due to the county. If this debt is not paid when due, it shall be deemed delinquent and may be recovered by the county by a civil action filed against the property owners, or the designated person, or both. Any judgment against the property owners or responsible parties shall be filed with the Bureau of Conveyances. As used herein, "person" means any individual, partnership, co- partnership, firm, company, limited liability company, corporation, association, joint stock company, trust estate, government entity, or any other legal entity, and their legal representatives, agents, and successors and assigns. The Department of Water Supply is authorized to terminate water services for non-payment of the sewer services charges levied pursuant to this chapter when so directed by the director after