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Home My WebLink AboutCOM 0181.003 2012-2014 Zendo Kern ;,t,;oF Phone: (808) 965-2712 pVM..s.. .,' Fax: (808) 965-2707 Council Member �: \,6i,, •, Email: zkern(a)co.hawaii.hi.us Council District 5 ��• `ter, •Mailing Address: • e • ,• • Planning Committee Chair Hawai`i County Building •�'� ......► - 25 Aupuni Street Environmental Management Hilo, Hawaii 96720 Committee Chair Hawai`i County Council County of Hawai`i TO: J Yoshimoto, Chairperson and Members of the_Hawai`i County Council • FROM: Zendo Kern, Council Member ,' -- DATE: April 10, 2013 SUBJECT: Proposed Amendments to Bill No. 44; An Ordinance Amending Chapter 20, Article 4, Section 20-47 of the_Hawai`i County Code 1983 (2005 Edition, as amended), Relating to Collection of Fees Please find attached proposed amendments to Bill No. 44. The amendments are illustrated by Ramseyer format with respect to the contents of Bill No. 44; material to be deleted is bracketed and stricken through, material to be added is underscored. Section 2 of Bill No. 44, which amends Section 20-47 of the Hawai`i County Code, is amended to read as follows: "Section 20-47. Collection of fees. [(a) All charges shall be collected by the solid waste division of the department.]•[ - - - . - . . - _ - •- , _ - . - - ' •- , - - - . - , . . businesses with the exception of commercial haulers, 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 thirty or more days overdue. In addition to this, access to County solid waste facilities may be denied until the account is current.] (a) All payments, interest, and collateral 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. Comm. No, 18 I ' 3 Serving the Interests of the People of Our Island / Hawaii County is an Equal Opportunity Provider and Employer Ref.TO: Ref.Dote A' 16 Z 013 15 (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. (c) 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 be treated as described in subsection (b). [(c)1(d) Commercial haulers shall either: (1) Pay all established refuse disposal fees at the time of depositing refuse into the landfill(s); or (2) Make payments as provided in subsection (b), but only after posting collateral in the amount equal to a normal thirty day billing period. The computation of the amount of collateral required shall be determined by multiplying the number of tons per month by one and one-half times the per ton solid waste disposal charge. Collateral shall be deposited with the department of environmental management in the form of cash, certified check, or equivalent security approved by the department." A draft copy of Bill No. 44, Draft 2, is attached with these proposed amendments incorporated therein. ZKIbl 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 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. 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) [All charges shall be collected by the solid waste division of the department. Billings shall be made monthly. Payments are due before the end of the month following the month in which charges arc 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 collateral 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. (c) 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 be treated as described in subsection (b). (d) Commercial haulers shall either: (1) Pay all established refuse disposal fees at the time of depositing refuse into the landfill(s); or (2) Make payments as provided in subsection (b), but only after posting collateral in the amount equal to a normal thirty day billing period. The computation of the amount of collateral required shall be determined by multiplying the number of tons per month by one and one-half times the per ton solid waste disposal charge. Collateral shall be deposited with the department of environmental management in the form of cash, certified check, or equivalent security approved by the department." 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. 2