HomeMy WebLinkAboutBIL 250 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 250
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 21, OF THE HAWAII COUNTY CODE 1983 (1995
EDITION), RELATING TO SEWER CONNECTION REQUIREMENTS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI'L•
SECTION 1. Chapter 21, article 2, section 21-5, of the Hawaii County Code 1983 (1995
edition), is amended to read as follows:
Section 21-5. Connection to sewer required.
(a) [Every lot] Owners of all dwellinQS, buildings, or properties used for human occupancy,
employment, recreation, or other purposes, which [is] are accessible to a sewer [and
which has plumbing fixtures located on it shall be connected to the sewer within one
hundred twenty calendar days after the lot owner has been notified to do so by the
director or State department of health. If such plumbing fixtures have not been so
connected, the premises shall not be used or occupied as a habitation or for any purpose
for which plumbing fixtures are necessary.] aze required at their expense to connect
directly with the public sewer within one hundred eighty days after date of official notice.
(b) [Exceptions are as hereafter provided:
(1) This section shall not apply to lots accessible to a sewer which have plumbing
fixtures located on them and which were in existence prior to the date of July 1,
1989, providing that the lot's existing waste disposal system does not violate any
existing health, sanitation, or nuisance provision.
(2) This section shall not apply to a lot which is below the level of the sewer and
would require the installation of a pump to lift the sewage to proper elevation for
dischazge into the sewer.
(3) This section shall not apply to lots accessible to a sewer which was directly paid
for, in whole or in part, by a private developer for the purpose of serving a private
development as provided for in chapter 21, article 3, division 4 of the Hawaii
County Code, as amended.]
If due to rock, wastewater collection system depth, or other construction problems, a
building cannot bepractically served, the owner shall install, overate and maintain a
residential pumping station.
(c) [However, connection to the sewer for lots under the exemption provided by section 21-
5(b)(1) shall henceforth be required to connect to the sewer in accordance with section
21-5(a) after July 1 1989, when any of the following conditions occur:
(1) Upon written notification by the director [of environmental management] or
State department of health that a violation of existing health, sanitation, or
nuisance provisions exists.
(2) Upon sewer services being provided to the lot under a municipal sewer
expansion program after July 1, 1989.
(3) When a change of ownership of the subject lot occurs.
(4) When the cost of a building renovation exceeds fifty percent of the existing value
as determined by the building division.
(5) When a change in use of the subject lot occurs.]
The director may grant avariance/exemption of the foregoing connection requirements to
owners ofsingle-family dwellings existing at the time of installation of the yublic
wastewater system, if the following is found:
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There are syecial or unusual circumstances applying to the subject real property
which exist that render the ability to connect to a wastewater svstem an extreme
physical or financial hardship; and
There are no other reasonable alternatives; and
The variance is consistent with the eg
neral purpose of the chapter and will not be
materially detrimental to public health, safety, or welfare.
To obtain an extension under the provisions of subsection (cl of this section, owners must
file obiections to the connection requirement before the expiration of the aforesaid one
hundred eighty days.
~ Extensions granted pursuant to subsection (cl of this section shall be for a period not to
exceed two years.
SECTION 2. Material to be repealed is bracketed. New material is underscored. In printing this
ordinance, the brackets, bracketed material and underscoring need not be included.
SECTION 3. If any provision of this ordinance, or the application thereof to any person or
circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the
ordinance which can be given effect without the invalid provision or application, and to this end, the
provisions of this ordinance are declared to be severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY: Iul I~„
f3 J~2
COUNCIL MEMBE ,COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of ls` Reading:
Date of 2"d Reading:
Effective Date:
REFERENC~c Comm. s~-
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