Chapter 12.10
DEPARTMENT OF PUBLIC SANITATION AND SANITARY DISTRICT
Sections:
12.10.010 Department established.
12.10.020 Terms of office – Vacancies – Removal.
12.10.030 Officers and quorum.
12.10.040 Jurisdiction and powers of the board.
12.10.050 Fees – Establishment – Modification – Collection.
12.10.060 Fees – Notice of delinquency.
12.10.070 Certain overdue user fees.
12.10.080 Basis of fees fixed by the board.
12.10.090 Regulatory authority over chemicals and waste strength detrimental to sewage works.
12.10.100 Disposition of all funds of the department of public sanitation and sanitary district.
12.10.105 Special sanitary district operating maintenance and general expense fund.
12.10.110 Sanitary district sewage cash reserve fund.
12.10.120 Loans from the sanitary district to the civil government.
12.10.130 Loans from the sanitary district to the municipal water utility.
12.10.010 Department established.
(A) The department of public sanitation is established as an executive department in and for the town of Highland, as authorized in IC 36-9-25-1(a), and the provisions of IC 36-9-25 et seq., as amended from time to time, are hereby adopted and made effective upon the town of Highland and the operation of the department.
(B) As used in this chapter, “board” refers to a board of sanitary commissioners, “department” refers to a department of public sanitation, and “district” means the area within the jurisdiction of the Highland department of public sanitation.
(C) All the territory included within the corporate boundaries of the municipality constitutes a special taxing district for the purpose of providing for the sanitary disposal of the sewage of the district in a manner that protects the public health and prevents the undue pollution of watercourses of the district.
(D) The department is under the control of a board of sanitary commissioners, which consists of five commissioners. All of the commissioners shall be appointed by the town council president as municipal executive. The terms shall be staggered, with no more than two commissioners subject to appointment or reappointment in any year. Not more than three may be of the same political party. There shall be a commissioner position with a term commencing on January 1, 2013, a commissioner position with a term commencing on January 1, 2014, a commissioner position term commencing on January 1, 2015, and two commissioner positions terms commencing on January 1, 2017. The terms shall continue for four years and until a successor is appointed and qualified, subject to provisions set forth in HMC 12.10.020 and IC 36-1-8-10(c).
(E) Before beginning the commissioner’s duties, each commissioner shall take and subscribe the usual oath of office. The oath shall be endorsed upon the certificate of appointment and filed with the municipal clerk.
(F) Each commissioner shall also execute a bond in the penal sum of $5,000 payable to the state and conditioned upon the faithful performance of the commissioner’s duties and the faithful accounting for all money and property that comes under the commissioner’s control. The bond must be approved by the municipal executive.
(G) The appointed commissioners are entitled to a salary of not less than $3,600 a year during actual construction and not less than $600.00 a year in other years.
(H) Notwithstanding IC 36-1-8-10, in determining the political party of a member consistent with the limitation of the number of members being from the same political party set forth in subsection (D) of this section at the time of appointment the appointee must:
(1) Have voted in the two most recent primary elections held by the party with which the appointee claims affiliation; or
(2) If the appointee did not vote in the two most recent primary elections or only voted in one of those elections, be certified as a member of the party with which the appointee claims affiliation by that party’s county chairman for the county in which the appointee resides. [Ord. 1548 § 2, 2013].
12.10.020 Terms of office – Vacancies – Removal.
(A) Commissioners serve for a term of four years. If a vacancy occurs on the board, the town council president as municipal executive shall appoint a commissioner for the remainder of the term within 30 days after the vacancy occurs.
(B) A commissioner may not be removed from office except upon charges preferred before the town council president as municipal executive and a hearing held on them. The only permissible reasons for removal are neglect of duty and incompetence. The commissioner must be given at least 10 days’ notice of the time and place of the hearing and the opportunity to produce evidence and examine and cross-examine witnesses. All testimony shall be given under oath. The town council president as municipal executive shall put his findings in writing and file them with the clerk-treasurer.
(C) If the charges are sustained and the commissioner removed, he or she may appeal the findings within 10 days after the date they are filed with the clerk to the circuit or superior court of the county in which the municipality is located. The commissioner shall file an original complaint against the executive, stating the charges preferred and the findings made. The court shall hear the appeal within 30 days after it is filed without a jury and shall either ratify or reverse the finding of the executive. The judgment of the court is final and an appeal may not be taken. [Ord. 1548 § 2, 2013].
12.10.030 Officers and quorum.
(A) The board shall choose one of its members to be president and another to be vice president, who shall perform the usual duties of those offices. The officers serve for a period of one year or until their successors are elected and qualified.
(B) The municipal fiscal officer shall perform the same duties with the funds and accounts of the board as with the funds and accounts of the other executive departments of the municipality, except as otherwise provided in IC 36-9-25. The fiscal officer receives no additional compensation for performing these duties. However, a share of the compensation fixed for the fiscal officer by the legislative body may be paid from funds of the department.
(C) A majority of the members of the board constitutes a quorum, and the concurrence of a majority is necessary for any action of the board. The board shall hold regular meetings at the times it fixes and may call special meetings at the times and upon the notice that it fixes by rule or resolution. All meetings must be open to the public.
(D) The board may adopt the rules that it considers necessary to conduct its meetings and business and to control and manage the property under its jurisdiction. [Ord. 1548 § 2, 2013].
12.10.040 Jurisdiction and powers of the board.
(A) The board shall manage and control all sewage works of the district. The board has concurrent power with the works board of the municipality to construct, reconstruct, maintain, repair, and regulate the use of all connecting and intercepting sewers. The board shall collect and remove garbage, ashes, and other waste materials to prevent the pollution of watercourses within the district and to protect the public health. The board may purchase, acquire, construct, reconstruct, operate, repair, and maintain all sewage works. In so doing, it shall operate according to the provisions of IC 36-9-25 as amended from time to time.
(B) In performing its duties the board may do the following:
(1) If needed for sewage works, condemn, appropriate, lease, rent, purchase, and hold any real or personal property within the district or within five miles outside the boundaries of the district.
(2) Enter upon any lots or lands for the purpose of surveying or examining them to determine the location of any sewage works or other structures, roads, levees, or walls connected with or necessary for the use or operation of the facilities.
(3) Design, order, contract for, construct, reconstruct, and maintain the sewage works.
(4) Build or have built all roads, levees, walls, other structures, or lagoons that may be desirable in connection with sewage works and make improvements to the grounds and premises under its control, including the erection and operation of a plant for the removal of sand and gravel from the grounds.
(5) Compel the owners, operators, or lessees of all factories, shops, works, plants, or other structures to treat, purify, or eliminate from the sewage and trade waste of the premises any ingredients that interfere with the successful operation of the sewage works. It may compel the owners, operators, or lessees of the premises located on a watercourse to direct an excessive flow of water into the watercourse.
(6) Review and approve plans for privately constructed plants for the treatment or elimination of trade waste. This is to insure that an owner, operator, or lessee of a house, factory, shop, works, plant, or other structure that may be directly or indirectly connected with sewers emptying into the sewage works does not construct a purification plant, machine, or other device for eliminating or treating the trade waste from those places for the purpose of eliminating ingredients that would harm the sewage works until the plans have been submitted to and approved by the board. After plans have been submitted to the board, it may reject them in their entirety or order changes to be made that include its supervision and regulation of the operation. An appeal may be taken from the decision of the board rejecting the plans submitted or ordering changes by the owner, operator, or lessee of a proposed private plant, in the same manner as appeals from the works board as far as applicable.
(7) Build or have built a plant or plants and all appurtenances for the treatment of sludge, pressing of sludge, or converting sludge into marketable fertilizer.
(8) Sell any byproduct from the sewage works, or furnish any byproduct free for the use of the municipality or for other public uses, with revenue derived from the sale above the amount needed for maintenance to be paid into the sanitary district bond fund, or if no bonds are outstanding, to revert to its (special sanitary district operating fund) general fund.
(9) Compel the owners, lessees, or agents in possession of lots or land from which sewers discharge sewage or drainage and pollute a watercourse or body of water or constitute a menace to public health and welfare to connect the sewers with drains leading directly or indirectly into sewage works regulating the use and assessing reasonable charges.
(10) Construct or have constructed regulating devices at the junction of combined sewers with intercepting sewers to regulate the discharge into the intercepting and connecting sewers to prevent the pollution of streams or bodies of water or a menace to the public health and welfare.
(11) Construct, add to, reconstruct, or maintain an incinerating or reduction plant or other plants for the conversion, destruction, or disposal of garbage, filth, ashes, dirt, and rubbish. The board may operate the plant in connection with sewage works, and sell any byproducts derived from the garbage, filth, ashes, or rubbish, including sand and gravel taken from lands under the control of the board at prices that are determined by the board, or furnish it free to the municipality or for other public uses, with revenue derived above the amount needed for maintenance to be paid into the sanitary district bond fund, or if no bonds are outstanding, to revert to its general fund.
(12) Take charge of all real property, belonging to the municipality and under the control of the works board, suitably located for sewage works if the board demands the works board, subject to contracts, to relinquish and transfer control of real and personal property used by the works board for the collection and removal of garbage and ashes. The transfer of personal property must be made by resolution adopted by the works board describing the property, with a copy of the resolution to be delivered to the board and made a matter of record in the minutes of the proceedings of the board.
(13) Collect and remove, or contract for the collection and removal of, all garbage, ashes, dead animals, refuse, and wastes from domestic premises, and construct or have constructed stations, including barns, garages, sheds, blacksmith shops, dumps, incinerators, and all other useful or necessary improvements for this purpose. This includes the power to collect and remove soil and other sewage in areas not provided with sewers, and then to discharge or dispose of it into sewage works.
(14) Enter into contracts in the name of the municipality, with the approval of the executive as provided by law.
(15) Employ and pay for all engineering, architectural, legal, and other professional services needed in carrying out this chapter, including determining the number, prescribing the duties, and fixing the compensation for all its engineers, chemists, attorneys, bacteriologists, surveyors, inspectors, clerks, stenographers, laborers, supervisors, and other employees as provided by law for other executive departments of the municipality.
(16) Adopt resolutions, rules, and bylaws that are necessary to carry out this chapter, including repealing or amending them consistent with this chapter.
(17) Prepare a schedule of reasonable service fees and collect them from persons who own, lease, or possess or control as tenants or as agents lots or lands located outside the boundaries of the district if the lots or lands are benefited by connection into the sanitary sewer system of the district, with the proceeds from sewage connections and treatment service credited to the general fund of the district for general use and maintenance purposes. The fees may be fixed, repealed, or amended, or the service discontinued, by the board at its discretion.
(18) Sue or be sued in the name of the municipality, with payment for obligations and of a judgment against the municipality in an action to be made solely from funds of the department and its district that may be available for this purpose.
(19) Pay for services rendered or for any other obligations incurred by the board while executing its powers, or pay any judgments, including interest and costs, by issuing and selling the bonds of the district, or obtaining temporary loans or levying taxes as authorized by this or other statutes for any other purpose.
(20) Lease, rent, purchase, and hold real or personal property more than five miles outside the boundaries of the district if the property is needed to store sludge or to convert sludge into marketable fertilizer or to conduct activities that are related to those activities.
(21) Levy a special ad valorem tax for general expenses and operating purposes, pursuant to IC 36-9-25, sections 19 and 32.
(22) Issue special taxing district bonds in the name of the municipality, which shall constitute an indebtedness of the sanitary district as a special taxing district, payable out of a special tax levied upon the property of the district, as provided by IC 36-9-25, sections 27 and 29.
(23) Provide financial assistance to property owners to construct or install regulating devices, improvements or overhead plumbing or backflow prevention devices, all subject to the provisions of IC 36-9-25-42. [Ord. 1548 § 2, 2013].
12.10.050 Fees – Establishment – Modification – Collection.
(A) In connection with its duties, the board may fix fees for the treatment and disposal of sewage and other waste discharged into the sewerage system, collect the fees, and establish and enforce rules governing the furnishing of and payment for sewage treatment and disposal service. The fees must be just and equitable and shall be paid by any user of the sewage works and the owner of every lot, parcel of real property, or building that is connected with and uses the sewage works of the district by or through any part of the sewerage system. This section applies to owners of property that is partially or wholly exempt from taxation, as well as owners of property subject to full taxation.
(B) The board may change fees from time to time. The fees, together with the taxes levied under this chapter, must at all times be sufficient to produce revenues sufficient to pay operation, maintenance, and administrative expenses, to pay the principal and interest on bonds as they become due and payable, and to provide money for the revolving fund authorized by this chapter.
(C) Fees may not be established until a public hearing has been held at which all the users of the sewage works and owners of property served or to be served by the works, including interested parties, have had an opportunity to be heard concerning the proposed fees. After introduction of the resolution fixing fees, and before they are finally adopted, notice of the hearing setting forth the proposed schedule of fees shall be given by publication in accordance with IC 5-3-1. After the hearing the resolution establishing fees, either as originally introduced or as amended, shall be passed and put into effect. However, fees related to property that is subject to full taxation do not take effect until they have been approved by ordinance of the municipal legislative body.
(D) A copy of the schedule of the fees shall be kept on file in the office of the board and must be open to inspection by all interested parties. The fees established for any class of users or property served shall be extended to cover any additional premises thereafter served that fall within the same class, without the necessity of hearing or notice.
(E) A change of fees may be made in the same manner as fees were originally established. However, if a change is made substantially pro rata for all classes of service, hearing or notice is not required, but approval of the change by ordinance of the municipal legislative body is required.
(F) If a fee established is not paid within 30 days after it is due, the amount, together with a penalty of 10 percent and a reasonable attorney’s fee, may be recovered by the board from the delinquent user or owner of the property served in a civil action in the name of the municipality.
(G) Fees assessed against real property under this section also constitute a lien against the property assessed. The lien attaches at the time of the filing of the notice of lien in the county recorder’s office. The lien is superior to all other liens except tax liens, and shall be enforced and foreclosed in the same manner as is provided for liens under IC 36-9-23-33 and 36-9-23-34.
(H) A fee assessed against real property under this section constitutes a lien against the property assessed only when the fee is delinquent for no more than three years from the day after the fee is due.
(I) In addition to the penalties under subsections (F) and (G) of this section and HMC 12.10.070, a delinquent user may not discharge water into the public sewers and may have the property disconnected from the public sewers.
(J) The authority to establish a user fee under this section includes fees to recover the cost of construction of sewage works from industrial users as defined and required under federal statute or rule. Any industrial users’ cost recovery fees may become a lien upon the real property and shall be collected in the manner provided by law. In addition, the imposition of the fees, the use of the amounts collected, and the criteria for the fees must be consistent with the regulations of the federal Environmental Protection Agency. It also includes fees to recover costs associated with storm water and solid waste management. [Ord. 1548 § 2, 2013].
12.10.060 Fees – Notice of delinquency.
If a fee established under HMC 12.10.050, governing fees fixed under Chapters 12.15, 12.20 and 12.25 HMC, is not paid within 30 days after it is due, a copy of any notice of delinquency sent to a delinquent user who is a tenant must be sent to the owner of the property occupied by the tenant at the latest address of the owner as shown on the property tax records of the county in which the property is located. [Ord. 1548 § 2, 2013].
12.10.070 Certain overdue user fees.1
If, after sending the notices set forth under this chapter, an account has a balance overdue for 90 or more days and the balance of fees with penalties does not exceed $25.00, then the overdue fees and penalties may be expensed as bad debt by the billing authority, without prior notification to the board of sanitary commissioners, and the procedures set forth in HMC 12.10.050(G) and IC 36-9-23-33 and 36-9-23-34 need not be undertaken, pursuant to IC 36-9-25-11.7. [Ord. 1548 § 2, 2013].
12.10.080 Basis of fees fixed by the board.2
(A) The fees for the treatment and disposal of sewage may be based on:
(1) A flat charge for each sewer connection;
(2) The amount of water used on the premises;
(3) The number and size of water outlets on the premises;
(4) The amount, strength, or character of sewage discharged into the sewers;
(5) The size of sewer connections; or
(6) Any combination of these factors or other factors that the board determines necessary in order to establish just and equitable rates and charges.
(B) The municipal water utility will cooperate with the board of sanitary commissioners by providing water consumption data when necessary in the computation of the sewage services invoices and include invoicing data for users or property receiving sewage services in invoices of the water utility billed to each user or property served.
(C) If a person owns or occupies real property that is connected to the sewage works and either directly or indirectly uses water obtained from a source other than the municipal water utility that is not measured by a water meter acceptable to the board, then the board may require the person, at his own expense, to furnish, install, and maintain a water or sewage measuring device acceptable to the board. [Ord. 1548 § 2, 2013].
12.10.090 Regulatory authority over chemicals and waste strength detrimental to sewage works.
(A) The board, in the name of the municipality, may bring an action to recover damages for (1) the breach of an agreement, express or implied, relating to the construction, management, or repair of sewage works under its control, including real property; or (2) injury to the personal or real property used in the sanitary disposal of sewage in a municipality located within the district.
(B) The board may recover possession of property, may bring an action for the specific performance of an agreement, and may use, in the name of the municipality, any legal or equitable remedy necessary to protect and enforce the rights and perform the duties of the department.
(C) The board may establish limits on the kinds or amounts of chemicals and the strength of the waste or other substances the board considers detrimental to the sewage works. If a person discharges sewage into the sewage works that exceeds limits set by the board, the board may order the person to cease using the sewage works upon a hearing with notice. However, if evidence indicates a public health hazard is being created, the board may summarily order the person to cease without notice or hearing. Orders of the board may be enforced by bringing an action to enjoin discharges into the sewer works in any court in Lake County having jurisdiction to hear equity actions. A person aggrieved by an order of the board is entitled to appeal the order to the Lake circuit or Lake superior court. If an order is given without notice, an appeal must be perfected within 10 days after receipt of the order or the right to appeal is considered waived. [Ord. 1548 § 2, 2013].
12.10.100 Disposition of all funds of the department of public sanitation and sanitary district.
(A) All money remaining in a fund to the credit of the board at the end of the calendar year belongs to the fund for use by the board for the purposes for which the fund was created. In addition, all money raised under this chapter shall be deposited at interest with the depository of other public funds of the municipality, with all interest collected on the fund belonging to the fund.
(B) Notwithstanding the provisions of any other statute, money collected for or belonging to a sanitary district belongs to the sanitary district, and not to any civil town in the sanitary district. This money shall be deposited in an interest bearing account, and all interest earned from this deposit shall belong to the sanitary district. If no statutory provision exists to require the crediting or deposit of this interest to a specific fund of the sanitary district, the interest shall be deposited in the sanitary district’s sanitary special operating fund.
(C) Notwithstanding subsections (A) and (B) of this section, money may be transferred from the fund as provided in IC 36-1-8-4.
(D) Pursuant to IC 36-9-25-34, all revenues derived from the collection of fees for sewage treatment shall be construed to have become a part of the sanitary maintenance and general expense fund established under IC 36-9-25-32. However, user charges collected for wastewater and storm water treatment shall be deposited and held in the sewage operating fund, except any part that the board sets aside in the sanitary district bond fund established under IC 36-9-25-29 or the sinking fund established under IC 36-9-25-41. User charges collected for solid waste management services shall be deposited and held in the special sanitary district operating fund, except any part that the board sets aside in the sanitary district bond fund established under IC 36-9-25-29.
(E) The board may appropriate and set aside from the sanitary maintenance and general expense (sanitary special operating) fund an amount of money to be used as a revolving fund for the payment of necessary preliminary expenses incurred by the board in connection with proposed projects, such as making surveys, estimating cost, employing engineers and other employees, preparing plans and specifications, and all other expenses to be paid before the issuance and sale of bonds under IC 36-9-25-27.
(F) The revolving fund shall be fully repaid by the board out of the first proceeds of the sale of bonds to the extent that the expenses paid are chargeable to the cost of acquiring land or construction under a resolution adopted and confirmed under IC 36-9-25-18. The appropriations to the revolving fund shall be made in accordance with statutes governing appropriations by municipal corporations, but it is not necessary to appropriate the money set aside in the revolving fund before making expenditures from it.
(G) Money raised under this chapter may be expended only upon warrants drawn by the municipal fiscal officer upon vouchers of the board. An appropriation is not necessary, but all money raised under this chapter is considered appropriated to the respective purposes stated and is under the control of the board. The board has complete and exclusive authority to expend the money for the purposes provided, all pursuant to IC 36-9-25-37.
(H) If the legislative body repeals this chapter and dissolves the department created under this chapter, all funds shall be transferred to the control of the town council, subject to Indiana law. [Ord. 1548 § 2, 2013].
12.10.105 Special sanitary district operating maintenance and general expense fund.
(A) There is established a fund of the municipality to be known as the sanitary district operating maintenance and general expense fund, pursuant to IC 36-9-25, sections 32 and 34.
(B) The sanitary district operating maintenance and general expense fund shall be further organized by departments, as required by law, which shall consist of the following:
(1) Sewage administration department.
(2) Solid waste and sanitation department.
(C) The clerk-treasurer in consultation with the town council president shall be authorized to establish such other departments as may be deemed necessary or desirable; provided, that any new department be reported to the town council.
(D) Expenditures from this fund may only be for the purposes for which this fund is established, to carry out the purpose of the department particularly in IC 36-9-25-10 and IC 36-9-25 et seq.
(E) Appropriations. Expenditures from the fund may be made only upon appropriation by the fiscal body for the purpose for which the fund and its departments are specifically established, in the manner provided by statute for making other appropriations, and shall be disbursed only on approved accounts payable vouchers allowed by the board, all pursuant to IC 5-11-10 and 36-9-25-32(b).
(F) Investments Authorized. Pursuant to IC 5-13-9 and Chapter 3.40 HMC, money in the fund may be invested; provided, that the yields from the purchase and sale of any such investments be deposited with the fund.
(G) Fund Sources. The sanitary district operating maintenance and general expense fund consists of all moneys authorized to be collected and deposited to its credit under IC 36-9-25 et seq. Further, funds may include but not be limited to the following:
(1) User fees, licenses, permits, and other charges which may from time to time be authorized and fixed by the proper body for a lawful purpose;
(2) Fines, filing fees, and penalties;
(3) Intergovernmental revenues of any kind, taxes and charges as provided by law;
(4) Grants from federal, state, local governmental sources or from such other entities as may be provided by law;
(5) Proceeds from the liquidation of assets of the department including personal and real property, not required to be deposited elsewhere, including the sale of abandoned property, in the custody of the department, provided it is not required to be deposited in another fund pursuant to law.
(H) Preservation and Disposition of Fund Assets. All unused and unencumbered cash on deposit to the credit of the fund shall remain with sanitary district operating maintenance and general expense fund pursuant to HMC 12.10.100 and IC 36-9-25-33. [Ord. 1660 § 8, 2017].
12.10.110 Sanitary district sewage cash reserve fund.
(A) There is hereby established for the municipal wastewater/storm water utility a cash reserve fund as provided in IC 8-1.5-3-11, that shall be carried on the records of the sewage utility by providing for either monthly contributions or transfers to the cash reserve fund of surplus earnings of the utility, as may be identified by the board of sanitary commissioners.
(B) “Surplus earnings” shall be defined as those cash earnings remaining after provision has been made to take care of current obligations, including expenses of the sewage operating and maintenance fund, the sewage improvement fund, the special sanitary district operating fund and the special sanitary district bond and interest fund, and any other priority fund requirements that may be fixed by law.
(C) The funds on deposit to the credit of the fund created by this section may be used to make loans according to the provisions of this code. [Ord. 1628 § 4, 2016].
12.10.120 Loans from the sanitary district to the civil government.
(A) In addition to its authority for making loans and borrowing as set forth in IC 36-9-25-32, 36-9-25-33 and 36-9-25-39, the board of sanitary commissioners may authorize by resolution that funds of sewage works may be used to make loans to the town of Highland, provided the following:
(1) The sewage utility has on deposit to the fund or funds from which a loan may be made, unobligated cash balance(s) in the amount necessary for the loan;
(2) The sewage utility has also on deposit to the fund or funds from which a loan may be made the amount necessary to meet current expenses during the year;
(B) A loan made by the board to the town of Highland:
(1) Must be evidenced by an obligation of the municipality to which the loan is made;
(2) Must be signed by the executive;
(3) May not be for a period of greater than five years; and
(4) May bear interest at any rate as determined by the board, payable at maturity. [Ord. 1628 § 4, 2016].
12.10.130 Loans from the sanitary district to the municipal water utility.
(A) The funds on deposit to the credit of the sewage cash reserve fund established by HMC 12.10.110 may be used to make loans to department of waterworks as a utility also owned by the town of Highland, for periods not to exceed five years, at any interest rate that the board may determine.
(B) The loan shall be evidenced and carried out in the same manner as provided in HMC 12.10.120(B). The repayment of the loan and interest shall be returned to the cash reserve fund. [Ord. 1628 § 4, 2016].
Code reviser’s note: Ordinance No. 1548 adds these provisions as HMC 12.10.080. This section has been editorially renumbered as HMC 12.10.070 to avoid duplication of section numbering.
Code reviser’s note: Ordinance No. 1548 adds these provisions as HMC 12.10.090. This section has been editorially renumbered as HMC 12.10.080 to avoid duplication of section numbering.