HomeMy WebLinkAboutOrdinance 05-019COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 312
Draft 8)
ORDINANCE NO. 05 19
AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 4, OF THE HAWAI`l
COUNTY CODE 1983 (1995 EDITION), RELATING TO SEWER SERVICE
CHARGES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L
SECTION 1. Chapter 21, Article 4, of the Hawaii County Code 1983 (1995
Edition) is amended by amending Section 21 -32 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 [at+d
re-i6lential] users shall be processed monthly or bimonthly in accordance with the
department of water supply billing cycle. Billing for single[44w4y] unit and
[duple?i] multi -unit residential [sestemer -s] users shall be processed monthly or
bimonthly. [-All ant rAto r.:n:.,,.n „ai be Lased an o basis for the- entire
month withou; ration o..e., if thAn tho pntir.. fRR"kr. :..
used.]
(b) Payment shall be [fie w-ithitt] due thirty days after [billin date of bill. [A ton
pOrGORt ..@.,nit.. Swan bO iFAP88oa ,,..,,n n,.,.RUPtn thRt RV0 Of More a,.....
w.,ercfa@ pa�.] 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 [.,, ine eustsimner as t"° dopy "•, eat
„aw ter step ly u;glpnn ptworv4se ,.,,t:foa in writing by tr o] 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
desifznated 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) [User fees collected from lots that were classified under accessible but under the
revised definition are now classified as not accessible shall be reimbursed for the
amount collected.] 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 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. 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 [��....,.n its apprevall on
October 1, 2005.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo , Hawai`i
Date of Introduction: September 15, 2004
Date of lst Reading: January 5, 2005
Date of 2nd Reading: January 21, 2005
Effective Date: October 1, 2005
^ 75.1
.,.: an:,
Introduced By:
Date Introduced:
First Reading:
Published:
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
(Draft 7)
Donald Ikeda
September 15, 2004
January 5, 2005
January 16, 2005
REMARKS:
September 15, 2004 - Deferred
October 4, 2004 - Deferred
October 20, 2004 - Deferred
Second Reading: January 21, 2005
To Mayor:
January
26,
2005
Returned:
January
31,
2005
Effective:
October
1,
2005
Published:
February
3,
2005
REMARKS:
note .......
.._. ��..31.�t2� .............
Coonry t_ouacu —._.•
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
X
Higa
X
Hottmann
X
Holschuh
X
Ikeda
X
Isbell
X
Jacobson
X
Pilago
X
Safarik
X
8
0
1
0
J
(Draft 8)
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
X
Iliga
X
Hoffmann
X
Holschuh
X
Ikeda
X
Isbell
X
Jacobson
X
X
afarik
Sfari
a
X
9
0
0
0
1 DO HEREBYCERTIFYthat the foregoing BILL was adopted by the County Council published as
indicated above. A
APPROVED AS TO
FORM AND LEGALITY:
'OUNCYL rH111RMAN
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
COUNTY CLERK
Date '
Bill No.:
" Reference:
A �prave /Disapproved this_ -7-9 � H dery
J amta�_ 20 OS Ord No.:
<,j
E&)R� CO NT JF HAWAI'1
312 (Draft 8)
C- 75.1 /PEMC -19
05 l9