Haw. Code R. § 15-19-14 - Connection by property owners to underground public utility facilities

(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.

Notes

Haw. Code R. § 15-19-14

[Eff 11/1/85] (Auth: HRS §§ 206E-4, 206E-6) (Imp: HRS §§ 206E-4, 206E-6)