HomeMy WebLinkAboutBIL 111 Draft 01 1998-2000 COUNTY OF HAWAII ,STATE OF HAWAII
BILL NO. 111
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 21 OF THE HAWAII COUNTY CODE 1983
(1995 EDITION), AS AMENDED, RELATING TO SEWERS.
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), as amended, is hereby amended to read as follows:
Section 21-5. Connection to sewer required.
(a) Every lot which is 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 chief
engineer 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.
(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 discharge 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, 1983
as amended.]
(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:
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(1) Upon written notification by the chief engineer 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.
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. Severability. 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:
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COUNCIL M R QQ Y OF AWAII
Hilo, Hawaii I\J
Date of Introduction
Date of 1st Reading
Date of 2nd Reading
Effective Date
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REFERctv(:t: ~o~nm. 386
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