HomeMy WebLinkAboutORD 2004-057 2002-2004 COUNTY OF HAWAII STATE OF HAWAII
BILL N0.25a
(Draft 2)
ORDINANCE NO. 44 57
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 HAWAII:
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) [lam-leE] Owners of all dwellines buildines or properties used for human occunancv
employment recreation or other purposes which [is] are accessible to a sewer [axd
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`=o= :~hicl. "I""''''"° ]are reuuired at their expense to connect
directly with the public sewer within one hundred eiehty days after date of official notice
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If due to rock wastewater collection system depth or other construction problems a
building cannot be practically served, the owner shall install, operate and maintain a
residential pumping station.
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The director may grant avariance/exemption of the foregoing connection requirements to
owners of single-family dwellings existing at the time of installation of the public
wastewater system, if the following is fowld:
"There are special or unusual circumstances applying to the subject real property
which exist that render the ability to connect to a wastewater system an extreme
physical or financial hardship; and
There are no other reasonable alternatives; and
The variance is consistent with the eeneral purpose of the chapter and will not be
materially detrimental to public health, safety, or welfare.
To obtain a time extension under the provisions of subsection (a) of this section, owners
must file a written request to the connection requirement before the expiration of the
aforesaid one hundred eig_ht~days. The written reauest shall document the need 'for the
extension and the requested amount of time.
~ Time extensions granted pursuant to subsection (d) of this section shall be for a period
not to exceed two e
~f An appeal from the decision of the director in subsection (c) or (d) may be filed with the
environmental management commission within 30 days of receipt of the decision. A
person is agn_rieved by a decision of the director if:
The person has an interest in the subiect matter of the decision
that is so directly and immediately affected, that the person's
interest is clearly distinguishable from that of the eeneral
public; and
The person is or will be adversely affected by the decision.
An appeal shall be in writing, in the form prescribed by the environmental
management commission, and shall specify the person's interest in the subject matter
of the appeal and the grounds of the appeal. Any such appeal shall be accompanied
by a filing fee of $50. The person appealing a decision of the director shall provide a
copy of the appeal to the director and to the owners of the affected property and shall
provide the environmental management commission with the proof of service.
3
The appellant, the owners of the affected property, and the director shall be parties to
an appeal. Other persons may be admitted as parties to an appeal, as permitted by the
environmental management commission.
The director and the environmental management commission shall adopt rules to
implement this section.
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.
SEC'CION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
C UNC L ME141BE , C LINTY OF HAWAII
Hilo, Hawaii
Date of Introduction: April 21, 2004
Date of ls` Reading: May 5, 2004
Date oft°d Reading: May 19, 2004
Effective Date: May 27, 2004
6tCrf•.{2EP8C~: `~~36nt... X66 _9
4
OFFICE OF THE COUNTY CLERK
County of Hawaii
xilo ,Hawaii ` '
(Draft "Ir t i
Introduced By: Joe Reynolds R LL CALL VOTE
Date Introduced: April 21, 2 0 0 9 ~~'ES,; NOES ABS EX
First Reading: May 5 2004 Arakaki "~i~ X"
Published: May 16, 2004 Chung X
Elarionoff X
REMARKS: April 21, 2004 - Deferred Holschuh X
Jacobson X
Reynolds X
Safarik X
Tulang X
Tyler X
7 2 0 0
Second Reading: May 19, 2004
"I'oMayoc May 21, 2009 ROLL CALL VOTE
Returned: May 28, 2004 AYES NOES ABS EX
Effective: May 27, 2004 Arakaki X
Published: June 6. 2004 Chung X
Elarionoff X
REMARKS: Holschuh X
Jacobson X
Reynolds X
Safarik X
Tulang X
Tyler X
6 2 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND Y:
C UNC/L CHAIRMAN
l~ ~ ~ ~
DE TY CORPORATION COUNSEL '
COUNTY OF HAWAII
-r-' ~ ~ ~ ~ TY CLERK
Date
250 (Draft 2)
Bill No.:
C-566.9/PEMC-16
a fi't'' da Reference:
provec Disapproved phis y
Ord. No.: O4 57
or M ,zooms.
AYOR, C YOF HAWA~1
Hawaii County is an Equal Opportunity Provider and Employer