HomeMy WebLinkAboutORD 2014-083 2012-2014 •
COUNTY OF HAWAII •=_ STATE OF HAWAII
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BILL NO. 195
ORDINANCE NO. 14 83
AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 4, SECTION 21-32 OF THE
HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
BILLING OF CHARGES; PAYMENT; LATE PENALTY.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The purpose of this measure is to amend the interest rate of late payment fees.
SECTION 2. Chapter 21, Article 4, Section 21-32 of the Hawai`i County Code 1983 (2005
Edition, as amended) is amended to read as follows:
Section 21-32. Billing of charges; payment; late penalty.
(a) The sewer service charge levied pursuant to this chapter shall be collected by the director
of finance or any bank designated by the wastewater division as an agent for collection.
Billings for sewer service charges of nonresidential users shall be processed monthly or
bimonthly in accordance with the department of water supply billing cycle. Billing for
single unit and multi-unit residential users shall be processed monthly or bimonthly.
(b) Payment shall be due thirty days after date of bill. In addition, interest at the rate of one
[a' ] percent per month shall be imposed upon the outstanding balance for all
accounts that are past due.
(c) Charges for sewer service shall be billed to the owner or owners of the lot, parcel of land,
building or premises, (herein, referred to as the "property") to which the services are
provided. If requested by the owner, the department will bill a tenant or other individual
designated (herein, referred to as the "designated person") by the owner. Such request
shall be in writing and signed by all parties involved, including all property owners and
the designated person. The property owners and the designated person shall be jointly and
severally liable for the entire sewer service charge without further notice of any
delinquency to the property owners.
(d) Where a landlord has requested that the department bill a tenant pursuant to paragraph
(c):
(1) the director shall notify the landlord if a tenant's payment is past due; and
(2) the interest on the outstanding balance shall not commence until thirty days after
the department has sent such notice to the landlord of the delinquency.
(e) Sewer service charges levied shall be a debt due to the county. If this debt is not paid
when due, it shall be deemed delinquent and may be recovered by the county by a civil
action filed against the property owners, or the designated person, or both. Any judgment
against the property owners or responsible parties shall be filed with the Bureau of
Conveyances. As used herein, "person"means any individual, partnership, co-
partnership, firm, company, limited liability company, corporation, association,joint
stock company,trust estate, government entity, or any other legal entity, and their legal
representatives, agents, and successors and assigns.
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. 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 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo , Hawai`i
Date of Introduction: May 13, 2014
Date of 1st Reading: May 13, 2014
Date of 2nd Reading: June 4, 2014
Effective Date: June 26, 2014
REFERENCE Comm.
655
2
OFFICE OF THE COUNTY CLERK COUNTY CLERK
County of Hawai`i
COW-, . ` 10"1A1i
Hilo, Hawaii 2014 J 26 PM 3; 0$
Introduced By: Valerie T. Poindexter _ ROLL CALL VOTE
Date Introduced: May 13 , 2014 AYES NOES ABS EX
First Reading: May 13, 2014 Eoff X
Published: May 23 , 2014 Ford X
Ilagan X
REMARKS: Kanuha X
Kern X
Onishi X
Poindexter X
Wille X
Yoshimoto X
Second Reading: June 4, 2014 9 0 0 0
To Mayor: June 13 , 2014
Returned: June 26, 2014 ROLL CALL VOTE
Effective: June 26, 2014 AYES NOES ABS EX
Published: July 8, 2014 Eoff X
Ford X
REMARKS: Ilagan X
Kanuha X
Kern X
Onishi X
Poindexter X
Wille X
Yoshimoto X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
,A CHAIRPERSON
Approved/Disi sprayed this (20 day
of tAW/ , 20 17-t- OUNTY CLERK
, 1111111111111* 195
Bill No.:
MAYOR, COUNTY OFHAWAI'l C-655/FC-168
Reference:
Ord No.: 14 83