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HomeMy WebLinkAboutBIL 312 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 312 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 4, OF THE HAWAII COUNTY CODE 1983 (1995 EDITION), RELATING TO SEWER SERVICE CHARGES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 21, Article 4, of the Hawaii County Code 1983 (1995 Edition) is amended by amending Section 21-32 to read as follows: Section 21-32. Billing of charges; payment; late penalty. 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 [and residential] users shall be processed monthly or bimonthly in accordance with the department of water supply billing cycle. Billing for single{-€arnily] unit and [dttple*] multi-unit residential [sxstetxers] users shall be processed monthly or bimonthly. Al] flat rate billings will be based on a per unit basis for• the entire month without any deduction or proration even if less than the entire month is used. ~ Payment shall be due thirty days after [hilkng] date of bill. A ten percent penalty shall be imposed upon accounts that are sixty or more days overdue. In addition, interest at the rate of one percent per month shall be imposed upon the outstanding balance for all accounts that are sixty or more days overdue. Charges for sewer service shall be billed to the «w° ~°«n««m ..C.....4..- ....~°e~e~ .,k{, °r...~n° «°tiQ°~ ~.a ,.rntihr. fin.. «L,°] owner or owners of the lot, parcel of land, building or premises, [er-tl}eir re}3re~°] (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 desi angn ted (herein, referred to as the "desi ngnated person") by the owner. Such request shall be in writing and signed by all parties involved, including all property owners and the desi ng ated person. The property owners and the desi ri>~person shall be iointly and severally liable for the entire sewer service charge without further notice of an dy elinquencv to the property owners. (c) [User fees collected from lots that were classified under accessible but under the revised definition are now classified as not accessible shall be reimbursed for the amount collected.] Sewer service charges levied shall be a debt due to the county. If this debt is not paid within sixty days after it shall be due and payable, it shall be deemed delinquent and maybe recovered by the county by a civil action filed against the property owners, or the desi ug ated person, or both. Any iud~ment 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, ioint stock company, trust estate, eovernment entity, or any other legal entity, and their le ag 1 representatives, agents, and successors and assigns. SECTION 2. Material to be deleted 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: ~ r ~ l C~~~ C UNCI ME BER, F HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE, Comm. ~ 31