Applicability

Prior to the enactment of this chapter, the board promulgated an administrative rule known as the "Water Meter Issuance Rule for the Upcountry Water System", which rule is codified as chapter 106, subtitle 1, title MC-16 of the rules and regulations of the department of water supply, County of Maui. No provisions contained in this chapter shall affect the rights, privileges, remedies, requirements, or duties of any applicant or the department in accordance with chapter 106 that have accrued prior to the effective date of this chapter. Further, the council is aware this code previously required water meter applicants to complete water system improvements, including fire protection improvements, to their premises or to the department's water system prior to the installation of a water meter. The council understands that such requirement caused considerable expense to some applicants who accepted that responsibility in exchange for water service to their premises. It is the council's desire to eliminate obstacles for upcountry residents to receive water service. Therefore, it is the council's express intent that nothing herein shall give rise to a cause of action against the County or the department for reimbursement for past installed improvements or for loss of value to real property caused by any action or code requirements prior to the effective date of section 14.13.065 relating to the acceptance or refusal of water service from the department, and to the requirement of the installation of water system improvements. (Ord. 4255, § 3, 2015; Ord. No. 3667, § 1, 2009)