HomeMy WebLinkAboutBIL 310 Draft 01 2010-2012OFFICE INFORMATION ONLY
Meeting; Referred to Council (Waived -PC)
Action: Withdrawn by introducer (Mr. Yagong), prior to placing on the Council agenda
per Comm. 848.1 dated September 26, 2012.
Re: Bill _310; Comm. 848 (2010-2102 term)
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 310
AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 5, SECTION 21-40 OF THE
HAWAII COUNTY CODE 1983 (2005 EDITION), RELATING TO SEWER
CONNECTION LOAN PROGRAM.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The purpose of this measure is to update and amend Article 5 relating to the
Sewer Connection Loan Program.
SECTION 2. Chapter 21, Article 5, Section 21-40 of the Hawaii County Code 1983 (2005
edition), is amended to read as follows:
Section 21-40. Loan application.
(a) Any owner who is required to connect such owner's property to a sewer pursuant to section
21-5, and who has been rejected by any two banks or financial institutions for any type of
loan to pay for the sewer connection, based on insufficient ability to repay said loan, may
apply to a designated bank for a sewer connection loan which is guaranteed by the County
of Hawaii. Any application for a guaranteed loan must be submitted to a designated bank
no more than [sixty] one hundred and twenty calendar days after the date of the notification
by the director requiring the owner to connect to the sewer.
(b) All such timely applications for guaranteed loans shall be sent by any receiving designated
bank to the director of finance. Any owner whose application for a sewer connection loan is
referred to the director of finance by a designated bank and is deemed to have a reasonable
ability to repay the loan may participate in a loan guaranteed by the County of Hawaii and
become a guaranteed borrower. As conditions of participation, the applicant shall execute:
(1) A loan agreement with a designated bank, with the County of Hawaii as
guarantor of the loan, providing that:
(A) The money will be paid by the bank directly to the contractor performing the
connection; and
(B) In the event the guaranteed borrower fails to pay the required payment on
the loan within ninety days of the date upon which payment is due, the loan
shall be considered in default and the County of Hawaii will repay the loan
in full to the designated bank, and will assume the designated bank's status as
creditor.
(2) An agreement with the County of Hawaii giving the County of Hawaii a lien on the
property to be connected. The County of Hawaii may initiate foreclosure
proceedings immediately upon default by the owner and any non-payment of a
payment required by a payment plan under section 21-41. Upon execution, the loan
agreement and the lien document shall be recorded at the bureau of conveyances.
(c) For the protection of the interest of the County of Hawaii, a title search for any property
upon which the County of Hawaii will have a lien shall be conducted prior to execution of
any agreements, and the cost of the search shall be paid from -the loan proceeds.
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not
be included.
SECTION 4. 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 5. This ordinance shall take effect upon approval.
, Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE ,Comm. 858
INTRODUCED BY:
COUNCIL MEMBER] 'OWYY OF HAWAII
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