Property Owners Must Connect to Underground Utilities

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 owner's or lessee's expense, which meets the standards of such public utility company, upon receipt of notice as hereinafter provided.Prior to or upon completion of the relocation of utility lines and related facilities, the County Engineer shall notify the owner or lessee of such abutting property to provide lateral connection to the underground facilities at said owner's or lessee's own expense. Such notice shall be by certified mail, addressed to the owner or lessee at the street address of such abutting property.Upon failure, neglect, or refusal of any owner or lessee so notified to commence work to provide the necessary lateral connection within thirty (30) calendar days after notice has been given, or by the date specified in the notice, whichever is later, the County Engineer shall contract to provide for the necessary lateral connection and pay for such work with County funds. The County Engineer 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 County Engineer or authorized representative or contractor arrives, any property owner or lessee may provide the necessary lateral connection at his or her own expense.In the event the County 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 (30) calendar days after the mailing date of such bill, the owner shall be liable for payment of penalty at a rate determined by the County.Any work performed by the County hereunder is deemed to be done pursuant to quasi-contract or construction contract between the County 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 herein, the County Attorney may proceed to file a mechanic's and materialman's lien pursuant to the provisions of Part II of Chapter 507, Hawai'i Revised Statutes, or any other appropriate lien procedures.