HomeMy WebLinkAboutBIL 257 Draft 01 1998-2000
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 257
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 4, HAWAII COUNTY CODE 1983
(1995 EDITION) BY ADDING A NEW SECTION TO AUTHORIZE THE SHUTOFF OF
WATER SERVICE BY THE DEPARTMENT OF WATER SUPPLY TO ENFORCE
COLLECTION OF SEWER USER FEES, AND AMENDING CHAPTER 21, ARTICLE 4,
SECTION 21-32, HAWAII COUNTY CODE 1983 (1995 EDITION) BY ADDING A NEW
SUBSECTION TO AUTHORIZE THE CHIEF ENGINEER TO ORDER THE SHUTOFF OF
WATER SERVICE TO ENFORCE COLLECTION OF SEWER USER FEES AND
PROVIDING FOR ADMINISTRATIVE REMEW OF SAID ORDER.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 21, article 4, Hawaii County Code 1983 (1995 Edition) is
amended by adding a new section to be appropriately designated and to read as follows:
Section 21- .Authorization for water service shutoff.
It has been determined that the power to terminate water service to enforce
payment of sewer service charges is necessary for the maintenance of sewer
service and the protection of public health. Therefore, the department of water
supply established under the Hawaii county charter is given the authority to
terminate water service for delinquency in payment of sewer service charges when
directed by the engineer. The chief engineer and the department of water supply
shall exercise this authority in conformity with rules of procedures to be
promul atg ed by each department.
SECTION 2. Chapter 21, article 4, section 21-32, Hawaii County Code 1983 (1995
Edition) is amended by adding a new subsection to be appropriately designated and 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 residential users shall be processed monthly or
bimonthly in accordance with the department of water supply billing
cycle. Billing for single-family and duplex residential customers shall be
processed bimonthly.
(b) Payment shall be made within thirty days after billing. A ten percent
penalty shall be imposed upon accounts which are sixty or more days
overdue.
(c) Charges for sewer service shall be billed to the same customer as the
department of water supply unless otherwise notified in writing by the
owner or owners of the lot, parcel of land, building or premises, or their
representatives.
(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.
~ Any bill which is not paid within thirty days after deposit in the United
States mail shall be deemed delinquent and subject to proceedings for
discontinuance of water service. The engineer shall notify the customer by
mail that water service will be terminated unless payment is received or
the customer requests a hearin tg o dispute the billing within twenty days
of receipt of the notice. If a hearing is requested within the twenty day
time period the engineer or engineer's designee shall conduct a hearing in
accordance with rules established by the department of public works. If
the engineer or designee determines following the hearing that the bill was
in accordance with the county code and that payment has not been made
then the engineer may issue an order to the department of water supply to
discontinue water service to the billed customer. Upon receipt of said
written orders the department of water suppl shall proceed to terminate
water service to the billed customer. Andperson aggrieved bYthe
decision of the engineer may within thirty days of mailing; of notice appeal
the decision to the board of appeals. The board of appeals may affirm the
decision of the engineer or it may reverse or modify the decision if it is:
In violation of this chapter or other applicable law;
Erroneous in view of the reliable, probative and substantial
evidence on the whole record; or
Arbitrary, or capricious, or characterized by an abuse of
discretion or clearly unwarranted exercise of discretion.
The Board of Appeals shall adopt rules~ursuant to chapter 91, Hawaii
Revised Statutes, necessarXto carry out the purposes of this section.
The decision of the board of appeals shall be final except when appealed
to the Third Circuit Court in accordance with chapter 91 of the Hawaii Revised
Statutes.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does 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 severable.
SECTION 4. This ordinance shall take effect upon its approval.
INT ODUCED BY:
COUNCIL MEMBE O OF HAWA
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
f~FERE~lCF: Comm. _.._.775