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HomeMy WebLinkAboutBIL 312 Draft 02 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 312 (Draft 2) 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 HAWAI`L SECTTON 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. (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 [and . °°ti~al] users shall be processed monthly or bimonthly in accordance with the department of water supply billing cycle. Billing for single{-€an3il}=] unit and [dayle*] multi-unit residential users shall be processed monthly or bimonthly. All 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. (b) Payment shall be [m°a~a~ due thirty days after [hi-llir~] 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 dates overdue. (c) Charges for sewer service shall be billed to the a~~°-'-~~--« r.. ,.«e.- ,.«we~..:^e ..^.:rva : «~,oj owner or owners of the lot, parcel of land, building or premises, [ herein referred to as Che"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"1 by the owner. Such request shall be in writing and si ng ed 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 progerty owners. (d) [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 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 compan~rporation, association, joint stock company, trust estate, government 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' I ~ ~ ~ 1 l' COUNCIL MEMBE ,COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 731.1