HomeMy WebLinkAboutORD 2014-136 2012-2014COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 194
(DRAFT 2 )
ORDINANCE NO. 14 136
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. 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 and one -
half 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.
(f) The Department of Water Supply is authorized to terminate water services for non - payment of
the sewer services charges levied pursuant to this chapter when so directed by the director after
due notice and opportunity for a hearing as provided by chapter 91, Hawai' i Revised Statutes,
before the Environmental Management Commission and the resolution of any appeal therefrom.
SECTION 2. Material to be deleted is bracketed. New material is underscored. In
printing this ordinance, the brackets, bracketed material and underscoring need not be included.
SECTION 3. 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 4. This ordinance shall take effect December 31, 2015.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Kona , Hawai`i
Date of Introduction:
November
7,
2014
Date of 1st Reading:
November
7,
2014
Date of 2nd Reading:
November
19,
2014
Effective Date:
December
31,
2015
REFERENCE Comm. 654.10
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
OFFICE OF THE COUNTY CLERK
County of Hawaii
Kona, Hawaii
Valerie T. Poindexter
November 7, 2014
November 7, 2014
November 15, 2014
Second Reading: November 19, 2014
To Mayor: November 28, 2014
Returned:
December
11,
2014
Effective:
December
31,
2015
Published:
December
20,
2014
REMARKS:
20! GEC ! I Phi 4. 22
ROLL CALL VOTE
AYES
NOES
ABS
EX
Eoff
X
Ford
X
Ilagan
X
Kanuha
X
Kern
X
Onishi
X
Poindexter
X
Wille
X
Yoshimoto
X
8
0
1
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Eoff
X
Ford
X
Ilagan
X
Kanuha
X
Kern
X
Onishi
X
Poindexter
X
Wille
X
Yoshimoto
X
8
0
1
0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above. -
CO UN CHAIRPERSON
r
Eroved/D' approved this ' day
of��� 20 '4 C NTYCLERK
-�
Bill No.: 194 (Draft 2)
MAYOR, COUNTY OF HAWAII Reference: C- 654.10/FC -201
Ord No.: 14 136