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HomeMy WebLinkAboutORD 2005-019 2004-2006 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 312 Draft 8~ ORDINANCE NO. p5, 19 AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 4, OF THE HAWAI`1 COUNTY CODE L983 (1995 EDITION), RELATING TO SEWER SERVICE CHARGES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWA]`L 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. (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 [-ate users shall be processed monthly or bimonthly in accordance with the department of water supply billing cycle. Billing for single~fat~{-y] unit and multi-unit residential [sestemer-s] users shall be processed monthly or bimonthly. [ n n an..-n.o i.ar..,,.n .,,:n w~ wn..,.a o c,_ «tio o.,.:..,_ ~m~~~~«]4~. r:4r, ~..f nr... ~v r.r~rn 4; o. ,e.. :~~a..n h{,nr, 1~e. ~..4.«.. r,kr, tt'fOFt, (b) Payment shall be [ire-w-it~t] due thirty days after date of bill [t~ert ..o.-,.e.,...o.,ni.., ntinii ~o :,....,,noa n,.,.,..,.,.n .r......_~ a,,.... Fvferc~a~.] In addition, interest at the rate of one and one-half percent per month shall be imposed upon the outstanding balance for all accounts that are I ' ]past due. (c) Charges for sewer service shall be billed to the n° a°~n~•~°~« „a..,n.o.- n......i., ,..,loon ,.4wo...,:no ,.,,.:ro,t w.. «r.o~ owner or owners of the lot, parcel of land, building or premises, [ 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 designated (herein, referred to as the "desi ng ated person") by the owner. Such request shall be in writing and signed by all parties involved, including al] property owners and the desi t~iated 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 delinc~uency to the property owners. (d) Where a landlord has requested thaC the department bill a tenant pursuant to paragraph (c): (I) the director shall notify the landlord if a tenant's payment is past due• and (2) the interest on the outstanding balance shall not commence until thirty dates after the department has sent such notice to the landlord of the delinquency. ~ [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 when due, it shall be deemed delinquent and may be recovered by the county by a civil action filed against the property owners or the desi ng ated 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 liabilit~mpany, corporation, association, ioint stock company, trust estate, government entity, or any other le al entity and their legal 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 on October 1, 2005. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo , Hawaii Date oflntroduction: September 15, 2004 Date of lst Reading: January 5, 2005 Datcof2ndReading: January 21, 2005 Effective Date: October 1, 2005 ^ ~~,r:: - 75.1 , ...an:. '~fCl PV~E~r 7-"" OFFICE OF THE COUNTY CLERK 7dme.._g :w f^'!_^ gy. ~ County of Hawaii nara__......._. ~~.31f 2~...._..._.__,, Hilo, Hawaii `-~'efc0 (Draft 7) Introduced By: Donald Ikeda ROLL CALL VOTE Date Introduced: September 15, 2004 AYES NOES ABS EX First Reading: January 5, 2005 Arakaki X Published: January 16, 2005 Higa X Hoffmann X REMARKS: Holschuh X September 15, 2004 - Deferred Ikeda X October 4, 2004 - Deferred Isbell X October 20, 2009 - Deferred Jacobson X Pilago X Safarik X B 0 1 0 J SecondRcading: January 21, 2005 (Draft 8) To Mayor: January 26, 2005 ROLL CALL VOTE Returned: January 31, 2005 AYES NOES ABS EX Effective: October 1, 2005 Arakaki X Published: February 3, 2005 fiiga X Hoffmann X REMARKS: _ Holschuh X _ Ikeda X Isbell X Jacobson X Pilago X Safarik X 9 0 0 0 1 DO HEREBYCERTIFYthal the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: COUNC. L H 1 AN DEPUTY CORPORATION COUNSEL i <<~`t ; s`~[ ~~r'j COUNTY OF HAWAII I _ COUNTY CLERK Date ~ ' 312 (Draft 8) Bill No.: ~ C-'75.1/PEMC-19 Reference: A ~prave /Disapproved this- dery GmLt~_ _ 20 0 S Ord No.: ©rJ " <,j ` AYOR, CO NT JF HAWAI'1