HomeMy WebLinkAboutCOM 0775.001 1998-2000
Stephen K. Yamashiro Richard Wurdetnan
Mayor Cmyoratwn Counsel
Cluntg of
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 Hilo, Hawaii 96720.4262 - (808) 961.8251 • F"(808)961.8622
June 23, 2000
TO: JAMES Y. ARAKAKI
Chair, Hawaii County Council
FROM: RICHARD D. WURDEMAN
Corporation Counsel
SUBJECT: Bill 257 - Authorizing Water Shutoff to Enforce Collection of Sewer Fees
In your memorandum of June 22, 2000, you ask for comment on Bill 257, which would establish
a procedure to enforce sewer fee payments by allowing for the termination of water service to
delinquent sewer users.
1. Water Department as Semi-Autonomous Agency
This method of collecting sewer fees is common within the State. On Oahu, ROH §14-6.7(b)
provides:
(b) Any bill which is not paid within 30 days after presentation or deposit in the
United States mail shall be deemed delinquent and the water service by the board
of water supply may be discontinued five days after written notice is given to the
consumer. For consumers not served by the board of water supply, the
department may use any reasonable means to effectively terminate the discharge
into the public sewer.
On Maui, a similar ordinance is found at § 14.31.070, MCC:
14.31.070 Administration and Enforcement.
The director is authorized to take any and all actions necessary to effect compliance with
the provisions of this article. The director may adopt rules to implement this article. The
department of water supply is authorized to terminate water services for delinquency in
payment of service charges when so directed by the director. (Ord. 2323 §14 (part),
1994). 7 7S - OQ
Com-n. No
Ref. I`^t cw?CW"/
Ref. Late JIM '.3 0 ?flM
Chair James Y. Arakaki
Page 2
June 23, 2000
You correctly point out that the Department of Water Supply here, as on O'ahu and Maui is a
semi-autonomous agency. This, however, does not mean that it is not an integral part of the
County. Semi-autonomous is not synonymous with autonomous, or with independent or
separate.
The Charter does, however, provide that rules relating to the management, control and operation
of the Water Department be enacted by the Water Commission. The program envisioned by this
ordinance could not be effective without parallel rules being enacted by the Water Commission.
For this reason, it is recommended that an approach similar to that followed by Maui and O'ahu
be adopted. That is, that the ordinance be permissive rather than directory as it applies to the
Water Manager. To do this, you might consider to change the last three lines of the second page
of the Bill to simply read:
"...then the engineer may find the customer delinquent and issue a request to the
Department of Water Supply to initiate action to discontinue water service to the billed
customer. This request may issue any time after 30 days of the finding of delinquency,
but shall not issue until any appeal is concluded. Upon receipt of said reguest the
Department of Water Supply may take whatever action is authorized by the rules of the
Department to enforce payment.
II Appeal Procedure
The Ordinance, as it is written, does not make clear what action is being appealed. Since the
Board of Appeals has jurisdiction only over decisions of the Chief Engineer or Planning
Director, it should be made clear that it is the Chief Engineer's finding of delinquency that is the
subject of the appeal.
To do this, you might consider deleting the present language on appeals, and replacing it with a
new subsection to read as follows
(f) Any person aggrieved by the decision of the Chief Engineer may, within 30 days
of the finding of delinquency, appeal the decision to the Board of Appeals. The
Board of Appeals may affirm, reverse, or modify the decision of the Chief
Engineer, after holding a contested case hearing pursuant to Chapter 91, Hawaii
Revised Statutes.
I hope that my suggestions have answered your concerns. Please feel free to call meat 961-
8251, should you have any further questions.
RDW:B3ARAKAKI-Water Shutulr&Collection