HomeMy WebLinkAboutORD 2012-010 2010-2012COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 146
ORDINANCE NO. 12 10 (DRAFT 2)
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. 92 500, commonly called the Clean Water Act, have been
a condition of receiving Federal c:
mandated by the Environmental Protection Agency to construct sewer lines and laterals in Hilo
and Kona and to expedite full utilization of the collector lines by requiring existing houses
While sewer connections to future new subdivisions can be planned to minimize the cost
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,
the distance from the house to the lateral, and the topography and improvements between the
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 Hawai`i to ensure full utilization of those facilities
treatment and conveyance project, Federal EPA -Grant no. C150062 02, condition no. 14 of Grant
amendment no. 1 requires the County of Hawai`i to enforce the sewer use ordinance and require
aeh and every existing dwelling or dwelling equivalent accessible to a sewer in Hilo to connect
to the collection systcm. For the Kailua Kona Sewerag- _ -
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
amount and related fees and [lean] 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. [
the County guaranteed loan program.]
This law shall cover the sewer connections which will be required in the following
increments:
Waiakea Houselots
Waiakea Mill Pond
Ainako "A"
Kalaniana` ole Laterals
Ainako "B"
(Optional Hookups)
Ali`i Drive "A" — "F"
Honoka` a
110 lots
100 lots
114 lots
125 lots
93 lots
100 lots
200 lots
[1-08] 106 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 a -tract.] Reserved.
(a) Prior to notification of the owners within an increment pursuant to section 21 5, the director
(b) As a condition of selection by the County of a proposal, a contractor submitting a proposal
sewer at the price estimated in the proposal.
by the County of Hawai`i.]"
2
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.
Hilo, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
INTRODUCED BY:
COUNCIL MEMBE
December 21, 2011
December 21, 2011
January 4, 2012
January 23, 2012
REFERENCES Calm 471.2
3
Y OF HAWAII
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
OFFICE OF THE COUNTY CLERK �, CiO Tl TY. C�� DER 1
County of Hawai`i
Hilo, Hawaii
Dominic Yagong
December 21, 2011
December 21, 2011
December 31, 2011
Second Reading: January 4 , 2012
To Mayor:
Returned:
Effective:
Published:
REMARKS:
January 13, 2012
.January 21, 2012
January 23, 9012
February 10, 2012
2c17. Y9 23 Pit 4:14
ROLL CALL VOTE
AYES
NOES
ABS
EX
Blas
X
X
Ford
X
Hoffmann
X
Ikeda
X
Onishi
X
X
Pilago
X
X
Smart
X
Yagong
X
Yoshimoto
X
7
0
2
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Blas
X
Ford
X
Hoffmann
X
Ikeda
X
Onishi
X
Pilago
X
Smart
X
Yagong
X
Yoshimoto
X
8
0
1
0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
EP�T �O ORAATION COUNSEL
COUNTY OF HAWAII
Date /7r % /z_.
i l
pproved/I sapproved this
oI. w ,LIGNA
•
MAYOR, COUNTY OF HAWAII
day
COUNCIL CHAIR
OUNTY CLERK
Bill No.:
Reference:
Ord No.:
146 (Draft 2 )
C- 471.2/FC -162
12 10