Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 2 - COSTS › Section 15-19-14 - Connection by property owners to underground public utility facilities

Current through June, 2024
(a) Whenever any public utility company has
				  relocated its utility lines and related facilities underground as part of the
				  improvements made under this chapter, any property owner or lessee whose
				  property abuts the street in which such underground facilities are located, and
				  who receives services from such public utility company by means of the overhead
				  utility lines to be replaced thereby, shall provide underground lateral
				  connection at said owners or lessees expense, which meets the standards of such
				  public utility company, upon receipt of notice as hereinafter
				  provided.
(b) Prior to or upon
				  completion of the relocation of utility lines and related facilities, the
				  executive director shall notify the owner or lessee of such abutting property
				  to provide lateral connection to the underground facilities at said owners or
				  lessees own expense. Such notice shall be by certified mail, addressed to the
				  owner or lessee at the street address of such abutting property.
(c) Upon failure, neglect, or refusal of any
				  owner or lessee so notified to commence work to provide the necessary lateral
				  connection within thirty calendar days after notice has been given, or by the
				  date specified in the notice, whichever is later, the executive director shall
				  contract to provide for the necessary lateral connection and pay for such work
				  with authority funds. The executive director and authorized representatives,
				  including any contractor with whom they contract hereunder, and assistants,
				  employees, or agents of such contractor, are authorized to enter upon said
				  property for the purpose of providing the necessary lateral connection
				  described in the notice. Before the executive director or his authorized
				  representative or contractor arrives, any property owner or lessee may provide
				  the necessary lateral connection at his own expense.
(d) In the event the authority has provided
				  the necessary lateral connection, the owner of such property shall be billed
				  for the cost thereof and the cost shall be a lien on the property. In the event
				  the bill is not paid within thirty calendar days after the mailing date of such
				  bill, the owner shall be liable for payment of penalty at a rate determined by
				  the authority.
(e) Any work
				  performed by the authority hereunder is deemed to be done pursuant to
				  quasi-contract or construction contract between the authority and the owner or
				  lessee. Based on the foregoing contractual relationship, should the owner fail
				  to pay the amount duly noted on the statement as provided in subsection (f)
				  herein, the Attorney General may proceed to file a mechanic's and materialman's
				  lien pursuant to the provisions of Part II of Chapter 507, HRS, or any other
				  appropriate lien procedures.