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Home My WebLink AboutCOM 0181.002 2012-2014 BRENDA J. FORD •.`�JM`Y�oF Na� e�``• Phone: (808) 323-4277• Council Member ' `�'�� °'' District 6 - Portion of North s= • Fax: (808) 329- 4786 Kona, South Kona, Ka`u, & �' •o.to.,.• - E-Mail: bford @co.hawaii.hi.us Greater Volcano Area HAWAII COUNTY COUNCIL County of Hawaii West Hawaii Civic Center 74-5044 Ane Keohokalole Hwy. Kailua-Kona, Hawaii 96740 DATE: April 4, 2013 TO: J Yoshimoto, Chairperson, and Members of the Hawai`i County Council FROM: ' enda J. Ford, Council Member SUBJECT: Proposed Amendments to Bill No. 44, Which Amends Chapter 20, Article 4, Section 20-47 of the Hawai`i County Code 1983 (2005 Edition, as Amended), Relating to Collection of Fees Attached please find proposed amendments to Bill No. 44. The proposed amendments are illustrated by Ramseyer format with respect to Bill No. 44, and bolded for illustration purposes. The proposed amendments are as follows: 1. Section 1, Purpose, is amended to read: "SECTION 1. Purpose. The purpose of this amendment is to implement new payment methods for commercial haulers to ensure that payments due are made in a timely manner. Furthermore, the [grace] period before which a finance charge is implemented is reduced from sixty days to thirty days for all overdue collections, not just those overdue collections owed by commercial haulers." 2. Section 2, which amends Section 20-47 of the Hawai`i County Code, is amended to read as follows: "Section 20-47. Collection of fees. [f . . department] Comm. No 8'i Ref.To: r E C-- Serving the Interests of the People of Our Island Ref. Date Hrn 0 8 2013 Hawai`i County Is An Equal Opportunity Provider And Employer - _ . • • .•• • .. • • . . •. . . . • • . . , . . . • • • . • All payments, interest, and security deposits shall be collected by the solid waste division of the department. all Payment in full for each billing statement is due before the thirtieth calendar day from the day the bill is rendered. Each billing statement shall identify the thirtieth day when the payment is due. LU A finance charge of one and one-half percent monthly (annual interest of eighteen percent) shall be charged on all balances beginning on the thirty-first day from the day the billing statement is rendered for any past due amounts. gl In addition to this finance charge, access to County solid waste facilities may be denied for disposal of solid waste until the account is current. j Federal or State agencies, religious entities, nonprofit organizations, and all businesses with the exception of commercial haulers shall fulfill payments due, if so rendered, before the thirtieth day from the day the billing statement was rendered. Late payments shall treated as described in subsection (b). fill Commercial haulers may fulfill payments due by one of the following methods: f Pay for all charges listed on the billing statement within thirty calendar days from the day the billing statement is rendered; or j Pay all established refuse disposal fees at the time of depositing refuse into the landfill(s). Lel If a commercial hauler is unable to make timely payments during the preceding twelve consecutive months, the commercial hauler shall make a security deposit equal to the average monthly billing for the previous twelve months. This subsection shall take effect ninety days after the effective date of this ordinance. al The security deposit shall be held by the department for twelve consecutive months to allow the commercial hauler to re- establish its credit rating with the department. g, If a commercial hauler misses a payment or is late on a payment the department shall apply the security deposit to the commercial hauler's account to attempt to clear the remaining balance, the commercial hauler shall be denied access to County landfill(s) until the account is current, and another security deposit at twice the average monthly billing for the previous twelve months is deposited with the department. At no time shall more than twice the average monthly billing be collected for the security deposit. The commercial hauler shall continue to make timely payments on its account for all charges on the outstanding billing statement(s) or access to County landfill(s) shall be denied until the account is current. j The security deposit,without interest, shall be returned to the commercial hauler only after twelve consecutive months of timely payments. Any interest earned on the security deposit by the County shall be retained by the department as a processing fee." A draft copy of Bill No. 44, Draft 2, is attached with the proposed amendments incorporated therein. Mahalo. BJF/dkr att. AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 4, SECTION 20-47 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO COLLECTION OF FEES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this amendment is to implement new payment methods for commercial haulers to ensure that payments due are made in a timely manner. Furthermore, the period before which a finance charge is implemented is reduced from sixty days to thirty days for all overdue collections, not just those overdue collections owed by commercial haulers. SECTION 2. Chapter 20, article 4, section 20-47 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 20-47. Collection of fees. (a) [' . - -- . . . - - .. --- - . Billings shall be made monthly. Payments are due before the end of the month following the month in which charges are incurred. A finance charge of one and one half percent monthly (annual rate of eighteen percent) shall be charged on all balances which are sixty or more days overdue. In addition to this, access to County solid waste facilities may be denied until the account is current.] All payments, interest, and security deposits shall be collected by the solid waste division of the department. (b) Payment in full for each billing statement is due before the thirtieth calendar day from the day the bill is rendered. Each billing statement shall identify the thirtieth day when the payment is due. (1) A finance charge of one and one-half percent monthly (annual interest of eighteen percent) shall be charged on all balances beginning on the thirty-first day from the day the billing statement is rendered for any past due amounts. (2) In addition to this finance charge, access to County solid waste facilities may be denied for disposal of solid waste until the account is current. (RI Federal or State agencies, religious entities, nonprofit organizations, and all businesses with the exception of commercial haulers shall fulfill payments due, if so rendered, before the thirtieth day from the day the billing statement was rendered. Late payments shall treated as described in subsection (b). (d) Commercial haulers may fulfill payments due by one of the following methods: (1) Pay for all charges listed on the billing statement within thirty calendar days from the day the billing statement is rendered; or (2) Pay all established refuse disposal fees at the time of depositing refuse into the landfill(s). If a commercial hauler is unable to make timely payments during the preceding twelve consecutive months, the commercial hauler shall make a security deposit equal to the average monthly billing for the previous twelve months. This subsection shall take effect ninety days after the effective date of this ordinance. (1) The security deposit shall be held by the department for twelve consecutive months to allow the commercial hauler to re-establish its credit rating with the department. (2) If a commercial hauler misses a payment or is late on a payment, the department shall apply the security deposit to the commercial hauler's account to attempt to clear the remaining balance, the commercial hauler shall be denied access to County landfill(s) until the account is current, and another security deposit at twice the average monthly billing for the previous twelve months is deposited with the department. At no time shall more than twice the average monthly billing be collected for the security deposit. The commercial hauler shall continue to make timely payments on its account for all charges on the outstanding billing statement(s) or 2 access to County landfill(s) shall be denied until the account is current. (3) The security deposit, without interest, shall be returned to the commercial hauler only after twelve consecutive months of timely payments. (4) Any interest earned on the security deposit by the County shall be retained by the department as a processing fee." SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken 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 one hundred and eighty days after its approval. 3