(a) A developer of low-income housing may apply for a reduction of wastewater system facility charges in accordance with this section.
(b) An applicant for a reduction of wastewater system facility charges shall provide the city with information, as prescribed by the director, to demonstrate that the applicant is developing a low-income housing project and otherwise qualifies for a reduction of the city’s wastewater system facility charges.
(c) If the city determines that an applicant qualifies for a reduction of the wastewater system facility charges, the city shall reduce the charges only for those housing units in the applicant’s housing project that are to be sold or rented to low-income households. The reduced charges shall be as provided in Appendix 43-C(2).
(d) For the purposes of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
Director. The director of the department of environmental services.
Low-income. Has the same meaning as defined in § 8-10.17.
Low-Income Housing Project. A housing project in which at least 25 percent of the units are reserved for rent for low-income housing pursuant to an agreement with the county, State or federal government, or reserved for sale to low-income households.
Low-Income Housing Unit. A housing unit in the applicant’s housing project that is sold or rented to a low-income household.
(e) If a developer to whom a reduction has been granted under this section sells a low-income housing unit in a low-income housing project to other than a low-income household, or rents a low-income housing unit in a low-income housing project to other than a low-income household within any period in which the sale or rental of the unit is prohibited by any agreement with the county, State, or federal government, the developer shall notify the director of the department of environmental services within 30 days of such sale or rental and shall, within such 30-day period, pay to the city the difference between the wastewater system facility charge that would have been applicable under Appendix 43-C(1), and the reduced charge that was paid under Appendix 43-C(2), plus interest on the difference at 8 percent per year from the date of payment of the reduced wastewater system facility charge for the housing unit.
(f) In accordance with HRS Chapter 91, the director may adopt rules having the force and effect of law for the implementation, administration and enforcement of this section.
(1990 Code, Ch. 14, Art. 10, § 14-10.6) (Added by Ord. 04-12)