HomeMy WebLinkAboutBIL 098 Draft 01 1996-1998 OFFICE INFORMATION ONLY
Meeting: Finance Committee - 12/20/2004
Action: Close file via Comm. 21 dated 12/07/2004
Re: Comm 343 (Bill 98) (1997)
. COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 98
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 4, HAWAII COUNTY CODE
(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 (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 REVIEW OF SAID
ORDER.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 21, Article 4, Hawaii County Code (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 and to enforce Section 21 -7 of the
Code 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 or for violations of Section
21 -7 of the Code, when directed by the Engineer. The
Department of Water Supply shall exercise this
authority in conformity with rules or procedures to be
promulgated by it.
SECTION 2. Chapter 21, Article 4, Section 21 -32, Hawaii
County Code (1995 Edition) is amended by adding a new subsection
to be appropriately designated and to read as follows:
Any bill which is not paid within 30 days after
deposit in the United States Mail shall be deemed
delinquent, and the Engineer may issue a written order
to the Department of Water Supply established under
the Hawaii County Charter to discontinue water service
to the billed customer. The Engineer shall provide
the billed customer with a copy of the written order
by registered mail, return receipt. Upon issuance of
the Engineer's written order, the Department of Water
Supply shall proceed to terminate water service to the
billed customer, subject to hearing and administrative
appeal procedures as shall be provided by the rules
and regulations of the Department of Water Supply.
Any person aggrieved by the decision of the Engineer,
which is affirmed by the Department of Water Supply,
may, within thirty days of mailing of notice of said
affirmation appeal the decision of the Engineer to the
Board of Appeals. The Board of Appeals may reaffirm
the decision of the Engineer, or it may reverse or
modify the decision if it is:
(1) In violation of this chapter or other
applicable law;
(2) Erroneous in view of the reliable, probative
and substantial evidence on the whole record; or
(3) Arbitrary, or capricious, or characterized by
an abuse of discretion or clearly unwarranted exercise
of discretion.
The Board of Appeals shall adopt rules pursuant
to Chapter 91, Hawaii Revised Statutes, necessary for
the purposes of this section.
The decision of the Board of Appeals shall be
final except that it is applicable to the Third
Circuit Court in accordance with Chapter 91 of Hawaii
Revised Statutes.
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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.
INTRODUCED BY:
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COUNCIL ME ,�UNTY OF HAWAII
P,EFERENCE4�p 343
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
IMT/26761
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