HomeMy WebLinkAboutBIL 228 Draft 01 1996-1998 COUNTY OF HAWAII- ` ,_ - • STATE OF HAWAII
BILL NO. 228
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 21 OF THE HAWAII COUNTY CODE 1983
(1995 EDITION), AS AMENDED, RELATING TO SEWERS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 21, article 2, section 21-5, of the Hawaii County Code 1983 (1995
edition), as amended, is hereby amended to read as follows:
Section 21-5. Connection to sewer required.
(a) Every lot which is accessible to a sewer and which has plumbing fixtures
located on it shall be connected to the sewer within one hundred twenty
calendar days after the lot owner has been notified to do so by the chief
engineer or State department of health. If such plumbing fixtures have not
been so connected, the premises shall not be used or occupied as a
habitation or for any purpose for which plumbing fixtures are necessary.
(b) Exceptions are as hereafter provided:
(1) This section shall not apply to lots accessible to a sewer which
have plumbing fixtures located on them and which were in
existence prior to the date of July 1, 1989, providing that the lot's
existing waste disposal system does not violate any existing health,
sanitation, or nuisance provision.
(2) This section shall not apply to a lot which is below the level of the
sewer and would require the installation of a pump to lift the
sewage to proper elevation for discharge into the sewer
[(3) This section shall not apply to lots accessible to a sewer which was
directly paid for, in whole or in part, by a private developer for the
purpose of serving a private development as provided for in
Chapter 21, Article 3, Division 4 of the Hawaii County Code, 1983
as amended.]
(c) However, connection to the sewer for lots under the exemption provided
by section 21-5(b)(1) shall henceforth be required to connect to the sewer
in accordance with section 21-5(a) after July 1, 1989, when any of the
following conditions occur:
1
(1) Upon written notification by the chief engineer or State department
of health that a violation of existing health, sanitation, or nuisance
provisions exists.
(2) Upon sewer services being provided to the lot under a municipal
sewer expansion program after July 1, 1989.
(3) When a change of ownership of the subject lot occurs.
(4) When the cost of a building renovation exceeds fifty percent of the
existing value as determined by the building division.
(5) When a change in use of the subject lot occurs.
SECTION 2. Chapter 2, article 3, division 4, section 21-28, of the Hawaii County Code
1983 (1995 edition), as amended, is hereby amended to read as follows:
Section 21-28. Payment of costs; construction by the applicant or by the
County.
(a) If the applicant chooses to construct the extension, then the applicant shall
bear the total cost of the construction. However, the applicant may
receive for ten years after completion of the extension one-half of all
moneys for sewer charges collected by the County from other properties
connecting to the extension[. In addition,] provided the total of such
reimbursement shall not exceed the cost incurred by the applicant to
construct the extension. Plans to reimburse the applicant for construction
of the sewer extension shall require the approval of the County Council by
resolution.
(b) If the applicant chooses for the County to construct the extension, the
applicant shall elect to:
(1) Pay the full cost for the extension and for ten years after
completion of the extension receive all moneys for sewer charges
collected by the County from other properties connecting to the
extension. However, the total of such reimbursements shall not
exceed the cost incurred to construct the extension. Plans to
reimburse applicant for construction of sewer extensions shall
require the approval of the County Council by resolution; or
(2) Pay for one half of the cost for the extension with the other half of
the cost being paid by the County. If the applicant chooses this
method of payment the Chief Engineer or designee shall make an
estimate of the cost of construction and submit it to the applicant.
If the applicant then deposits with the County a sum equal to
one-half of such cost, then the matter shall be referred to the
Council for review, approval and appropriation of the County's
share of the costs.
2
SECTION 3. Chapter 21, article 3, division 4, of the Hawaii County Code 1983 (1995
edition), as amended by Ordinance No. 96-51, section 3, is amended by deleting the following
language:
[Section 21- . Approval of extensions of the public sewer system.
(a) All sewer extensions shall be approved by resolution of the County
Council.
(b) Private development and construction. Once an applicant for an extension
of the public sewer system has been approved by the Chief Engineer or
their designee, the application and a recommendation from the Chief
Engineer shall be forwarded to the County Council with all of the
supporting material attached. Upon review of the recommendation of the
Chief Engineer and the payment mechanism chosen by the applicant, the
Council may approve the application.]
SECTION 4. Material to be repealed is bracketed. New material is underscored. In
printing this ordinance, the brackets, bracketed material and underscoring need not be included.
SECTION 5. Severability. 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 6. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBE ti p1 oY OF HAW I
Hilo, Hawaii
Date of Introduction :
Date of 1st Reading :
Date of 2nd Reading :
Effective Date
REFERENCE, Comm. 14
3