HomeMy WebLinkAboutBIL 146 Draft 01 2010-2012 �SY OF M�I�.
COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 146
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 5, SECTION 21-37 AND
SECTION 21-42 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION,AS
AMENDED), RELATING TO THE SEWER LOAN CONNECTION PROGRAM.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to: (a) clearly articulate that the
sewer loan connection program is not restricted to residential dwellings; and(b)permit lot
owners approved for the County Sewer Connection Loan Program to select their own
contractors.
SECTION 2. Chapter 21, article 5, section 21-37 of the Hawai`i County Code 1983
(2005 Edition, as amended) is amended to read as follows:
"Section 21-37. Findings and purpose.
Water Pollution Control Act, P.L. 92 54& commonly called the Clean Water Act, have been
placed on local governments to upgrade the treatment of wastewater. The County of Hawai`i, as
a condition of receiving Federal construction grants for wastewater treatment facilities, has been
mandated by the Environmental Protection Agency to construct sewer lines and laterals in Hilo
While sewer connections to future new subdivisions can be planned to minimize the cost
and the cost can be amortized in the mortgage, sewer connections to existing houses are more
problematic. The cost of connecting an existing house to the sewer can be very expensive and
varies greatly with the geology (soil or rock), the elevation of the house in relation to the lateral,
-- - - -- . . - o the lateral, and the topography and improvements between the
house and the lateral. Many of the houses mand. _ .. . . . - -
connection at an estimated cost ranging from $3,000 to over $30,000.
Section 21 5, requires connection to the sewer of lots accessible to a sewer. Conditions of
Federal Environmental Protection Agency grants for construction of wastewater facilities in Hilo
and Kailua Kona also require the County of Hawaii to ensure full utilization of those facilities
amendment no. 1 requires the County of Hawai`i to enforce the sewer use ordinance and require
ach and every existing dwelling or dwelling equivalent accessible to a sewer in Hilo to connect
to the collection system. For the Kailua Kona Sewerage System, Federal EPA Grant no.
C150080 06, condition no. 8 requires the County of Hawai`i to assure the timely hookup of
residences to collection sewers]
Section 21-5, requires connection to the sewer of lots accessible to a sewer. The connection
cost may be financially burdensome for many owners. Therefore, the council finds that, in order
to assure that all possible lots are connected to the sewer to meet Federal and State requirements,
it is in the public interest to create, in cooperation with a bank or other financial institution, a
program by which the County of Hawai`i assists owners to connect to the sewer by guaranteeing
loans for this purpose.
The guaranteed loan program would allow the owner to get a County-guaranteed loan from
the bank or other financial institution after it agrees that the County of Hawai`i shall place a lien
on the property at the time the loan closes. The lien would be for the hookup cost, interest, loan
fees and loan costs. The County of Hawai`i would guarantee the bank or other financial
institution that it will pay the balance of the loan in full should the owner default on the loan. If
the owner cannot qualify for a loan, the County of Hawai`i will pay a contractor for the hookup,
and charge the same interest rate as the bank or financial institution that handles the County-
guaranteed loan program.
This law shall cover the sewer connections which will be required in the following
increments:
Waiakea Houselots 110 lots
Waiakea Mill Pond 100 lots
Ainako "A" 114 lots
Kalaniana`ole Laterals 125 lots
Ainako "B" 93 lots
(Optional Hookups) 100 lots
Ali`i Drive "A"—"F" 200 lots
Honoka`a 100 lots"
SECTION 3. Chapter 21, article 5, section 21-42 of the Hawai`i County Code 1983
(2005 Edition, as amended) is repealed:
"Section 21-42. [Connection ntract.] Reserved.
(a) Prior to notification of the owners within an increment pursuant to section 21 5, the director
shall authorize a request for proposal for licensed contractors to connect all of the properties
an estimate for the cost of connection for each property in the increment.
(b) As a condition of selection by the County of a pfeposal, a contractor submitting a proposal
sewer at the price estimated in the proposal.
(c) The director shall inform the mayor and the County council of the selected proposal.
(d) All guaranteed borrowers shall have their properties connected to the sewer by the
by the County of Hawai`i.]"
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SECTION 4. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance, is held invalid, such 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 to be severable.
SECTION 5. Material to be repealed is bracketed and stricken. Material to be added is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 6. This ordinance shall take effect upon its approval.
INT ODUCED BY:
COUNCIL MEMB V , .• TY OF HAWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE' Comm" 471
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