Articles:
1. Mayor
2. Officers
3. Corporation Counsel
4. Department of Finance
5. Risk Management
6. Department of Personnel
7. Department of Data Systems
8. Department of Public Works
9. Building Department
10. Department of Health
11. Fire Department
12. Department of Transportation Services
13. Department of Auditoriums
14. Department of Land Utilization Central Coordinating Agency for Oahu
15. Royal Hawaiian Band
16. Department of Parks and Recreation
17. Execution of Executive Operating Budget and Executive Capital Budget Ordinances
18. Form of Executive Operating Budget and Executive Capital Budget Bills
(19. Awarding of Consultant Contracts. Repealed by Ord. 98-64)
19. Reserved
20. Acquisition of Property by Eminent Domain
21. Municipal Reference and Records Center
22. Annual Review of Fees and Charges
23. Department of Wastewater Management
24. Department of Planning and Permitting
25. Oahu Civil Defense Agency
26. Employment of Private Attorneys as Special Counsel to Represent the City, its Agencies,
Officers and Employees
27. Volunteer Services Program
28. Prohibition on Take-home Use of City Motor Vehicle by Executive Agency Head or
Deputy Head
29. Department of Housing and Community Development
30. Personal Services Contracts
31. Seals and Logotypes of Executive Agencies
32. City Video Monitoring of Public Activity
33. First Source Program
34. Biodiesel or Renewable Fuel Converted from Commercial FOG Waste or Commercial Cooking Oil
Waste
__. ENERGY STAR Products
Article 1. Mayor *
Sections:
2-1.1 Election and term of office.
Sec. 2-1.1 Election and term of office.
Except for the filling of a vacancy in the office of the mayor
as provided by Section 5-106 of the revised charter, the electors of the
city shall elect a mayor whose term of office shall be four years
beginning at 12 o'clock meridian on the second day of January following the
mayor's election. (Sec. 2-1.1, R.O. 1978 (1983 Ed.))
Article 2. Officers **
Sections:
2-2.1 Additional duties.
2-2.2 Inaugurate sound practices.
2-2.3 Records.
2-2.4 Acts by subordinate officer.
2-2.5 Acting agency head.
Sec. 2-2.1 Additional duties.
Each officer shall perform all duties required of such person's office by state
law, the charter, and ordinances of the city and such other duties not
in conflict therewith as may be required by the mayor. (Sec. 2-2.1, R.O.
1978 (1983 Ed.))
Sec. 2-2.2 Inaugurate sound practices.
The heads of all executive agencies shall keep informed as to the latest
practices in their particular field and shall inaugurate, with the approval of the
mayor and managing director, such new practices as appear to be of benefit
and service to the public. (Sec. 2-2.2, R.O. 1978 (1983 Ed.))
Sec. 2-2.3 Records.*
The heads of all agencies shall establish and maintain a system of filing
and indexing records and reports in sufficient detail to furnish all information necessary
for proper control and audit of agency activities and to form a basis
for the periodic reports to the mayor. (Sec. 2-2.3, R.O. 1978 (1983 Ed.))
Sec. 2-2.4 Acts by subordinate officer.
When any provision herein requires an act to be done by an agency
head, the agency head may direct a subordinate to perform said act. (Sec.
2-2.4, R.O. 1978 (1983 Ed.))
Sec. 2-2.5 Acting agency head.
(a) Absence Due to Illness, Incapacity or Temporary Absence from the City -- When Vacancy
Occurs. An agency head may appoint with the approval of the mayor, an
officer or employee in such person's department, to serve as acting agency head
during the agency head's illness, incapacity or temporary absence from the city. As
acting head such person shall execute all the powers and duties of the
agency head. Vacancies resulting from death, resignation, dismissal or expiration of term of
office of an agency head shall be filled in accordance with applicable provisions
pertaining to that agency contained in the Revised Charter of the City and
County of Honolulu. Notwithstanding any other provision to the contrary, any incumbent corporation
counsel and prosecuting attorney whose term of office has expired coterminously with that
of the appointing authority shall not serve in an acting or interim agency
head capacity unless and until their appointments have been approved by the city
council. Any person whose appointment fails to receive council's confirmation shall not be
eligible for another appointment to the same office during the term of the
appointing authority.
(b) Additional Compensation for Temporary Absence of Agency Head. Any person designated as acting
agency head pursuant to subsection (a) of this section shall not be entitled
to the compensation received by the agency head; provided, that if an agency
head's illness, incapacity or temporary absence from the city exceeds 10 continuous working
days involving a single occurrence, such acting agency head shall be entitled to
compensation paid to the agency head until the agency head returns; provided further,
that such additional compensation shall be paid to the acting agency head retroactive
to the termination of the 10 day waiting period.
(c) Additional Compensation When Vacancy Occurs. Any person designated as acting agency head pursuant
to subsection (a) of this section shall not be entitled to the compensation
received by the agency head; provided, that if such vacancy exceeds 10 continuous
working days involving a single occurrence, such acting agency head shall be entitled
to compensation paid to the agency head until the position is filled; provided
further, that such additional compensation shall be paid to the acting agency head
retroactive to the termination of the 10 day waiting period.
(Sec. 2-2.5, R.O. 1978 (1983 Ed.))
Article 3. Corporation Counsel *
Sections:
2-3.1 Additional powers, duties and functions.
2-3.2 Prohibited acts.
2-3.3 Penalties.
2-3.4 Procedure governing council approval for the settlement of claims against the city.
Sec. 2-3.1 Additional powers, duties and functions.
The corporation counsel shall:
(a) Prepare Ordinances. Prepare bills for enactment into ordinances or amendments of ordinances when
so requested by the council or any committee or member thereof or the
mayor or any city officer.
(b) Council Meetings. Attend all council meetings in their entirety for the purpose of
giving the council any legal advice requested by its members.
(c) Prepare Legal Instruments. Prepare for execution and approve, as to form and legality,
all contracts and instruments to which the city is a party and also
approve, as to form and legality, all bonds required to be submitted to
the city.
(d) Settlement of Claims.
(1) By Corporation Counsel. Have the power to adjust, settle, compromise or submit to
arbitration, any action, causes of action, accounts, debts, claims, demands, disputes and matters
in favor of or against the city or in which the city is
concerned as debtor or creditor, now existing or which may hereafter arise, not
involving or requiring payment in excess of $5,000.00, provided the money to settle
claims generally has been appropriated and is available therefor; and provided further, that
a quarterly report of all settlements shall be filed with the council within
15 days after the end of each quarter.
(2) Outstanding Claims For or Debts Owed to the City. The corporation counsel shall
determine whether or not any claim for the city or any debt owed
to the city not in excess of $1,000.00 is collectible. If the corporation
counsel determines that any claim for the city or any debt owed to
the city is not collectible, the corporation counsel is authorized to advise the
director of finance that any claim for the city or any debt owed
to the city shall be stricken from the director of finance's records and
such claim for the city or such debt owed to the city is
extinguished.
(3) Private Claims Adjustment Service. Any private claims adjustment service which has been awarded
a contract to provide coverage for liability by established bid procedures and where
the deductible amount of any insurance is to be paid out of city
funds, has the power to adjust, settle, compromise or submit to arbitration, any
action, causes of action, accounts, debts, claims, demands, disputes and matters against the
city for any injury or death to a person or damage to property;
provided that before such service can commit the payment of any claim in
excess of $15,000.00, it shall be first presented to the corporation counsel for
approval.
(e) Make Reports.
(1) Report of Decision. Report the outcome of any litigation in which the city
has an interest to the mayor and council.
(2) Annual Report of Pending Litigation. Make an annual report to the mayor and
council, as of the 15th day of January, of all pending litigation in
which the city has an interest, and the status thereof.
(f) Workers' Compensation. Investigate all cases in which workers' compensation is involved and appear
on behalf of the city before the state workers' compensation board.
(g) Keep Records.
(1) Suits. Keep a complete record of all suits in which the city had
or has an interest, giving the names of the parties, the court where
brought, the nature of the action, the disposition of the case, or its
status if pending.
(2) Opinions and Titles. Keep a complete record of all written opinions furnished by
the corporation counsel.
(h) Settlement of Land Acquisition. Have the power to adjust, compromise, settle or submit
to arbitration, any land acquisition requests referred to this office by other city
agencies or eminent domain actions, causes of eminent domain actions in favor of
or against the city or in which the city is concerned as purchaser,
seller, condemnor or condemnee, now pending or which may hereafter arise, not involving
or requiring payment in excess of $2,500.00, provided the money to settle any
specific land acquisition or eminent domain action generally has been appropriated and is
available therefor; and provided further, that a quarterly report of all settlements shall
be filed with the council within 15 days after the end of each
quarter.
(Sec. 2-3.1, R.O. 1978 (1987 Supp. to 1983 Ed.))
Sec. 2-3.2 Prohibited acts.
The corporation counsel shall not:
(a) Initiate, engage or participate in any legal action or proceedings in which the
city, its officials and/or employees are not directly involved in or named as
a party to a contemplated or ongoing legal proceeding.
(b) Other than situations where corporation counsel is expressly authorized by federal or state
statutes or city laws, bring action against a private person as defined in
Section 1-4.1 without first obtaining the consent and approval of the city council
which shall be manifested by an adopted council resolution.
(Sec. 2-3.2, R.O. 1978 (1983 Ed.); Am. Ord. 96-58)
Sec. 2-3.3 Penalties.
Penalty for violation of any provision of this article shall be a fine
not to exceed $1,000.00 or one year's imprisonment or both. Prosecution in such
cases shall be as provided by law for the prosecution of misdemeanors. (Sec.
2-3.3, R.O. 1978 (1983 Ed.))
Sec. 2-3.4 Procedure governing council approval for the settlement of claims against the city.
(a) Except as otherwise provided in Section 2-3.1(d), no claim shall be adjusted, settled,
or compromised without the prior approval of the council.
(b) The council shall determine and specify from time to time, by resolution, claims
for which all written offers of settlement are to be transmitted to the
council by legal counsel. Upon adoption of such a resolution, legal counsel assigned
to the claim specified in the council resolution shall transmit any written offer
of settlement to the council promptly, but no later than three working days
from the receipt of the offer, or prior to the expiration date of
the offer, if any, whichever occurs first.
Together with the offer, legal counsel shall transmit to the council: (i) the
recommendation of the agency, officer or employee against whom the claim is made;
and (ii) the recommendation of the legal counsel, as to whether to accept,
reject, or make a counter-offer to the offer. If, due to the shortness
of time within which to respond to an offer of settlement, legal counsel
is unable to obtain a recommendation from the agency, officer or employee against
whom the claim is made, legal counsel need include only legal counsel's recommendation
in the transmittal. However, legal counsel shall obtain the recommendation of the affected
agency, officer or employee as soon as practicable, and submit the recommendation in
writing to the council.
(c) The council may, after deliberation in executive session, accept or reject the offer,
or propose a counter-offer. If the council decides to accept the offer of
settlement, the council shall do so by adopting a committee report or a
resolution specifying the terms of settlement and expressing its approval of the terms.
The decision of the council to accept a settlement offer shall be binding
on the city and on legal counsel. In the event the council rejects
the offer or proposes a counter-offer, it shall so inform legal counsel in
executive session. Legal counsel shall transmit the council's acceptance of the offer of
settlement or the council's proposed counter-offer to the claimant promptly and without delay.
(d) Nothing in this section shall preclude the corporation counsel from establishing procedures consistent
with the provisions of the Code of Professional Responsibility governing all attorneys licensed
to practice law in the State of Hawaii, and the charter, for the
transmittal of settlement offers to the council involving claims not specified by the
council pursuant to subsection (b). Further, nothing in this section shall preclude legal
counsel from recommending to the council on legal counsel's own initiative, or at
the request of the affected agency, officer or employee against whom a claim
is made, offers to adjust, settle, or compromise any claim, or to recommend
to the council that the city make an offer of settlement or judgment
in any case in which the city, is a party.
(e) Definitions. For the purposes of this section:
"Charter" means the Revised Charter of the City and County of Honolulu 1973,
as amended.
"City" means the City and County of Honolulu, its agencies, officers and employees.
"Claim" includes any claim, demand, debt, dispute or other matter in favor of
or against the city, its agencies, officers or employees, initiated, brought or made
by any person as defined in Section 1-4.1, or any federal or state
agency. The term includes claims for injunctive, declaratory and extraordinary relief.
"Legal counsel" includes the corporation counsel, deputies corporation counsel, special deputies and special
counsel representing the city in any claim.
"Special counsel" means the private attorney or law firm retained by the city
pursuant to Revised Charter, Section 5-204.3, to represent the city.
"Special deputies" means the private attorney or law firm appointed by the corporation
counsel with the approval of the council pursuant to Revised Charter, Section 5-204.1,
to represent the city.
(f) Exception. The provisions of this section shall not apply to claims arising between
the executive branch of city government and the council involving court litigation for
which corporation counsel, or if corporation counsel has been disqualified, special counsel, has
been retained to represent the agencies, officers or employees of the executive branch
and either the attorneys in the office of council services or special counsel
has been retained by council to represent the council.
(Added by Ord. 93-78)
Article 4. Department of Finance *
Sections:
2-4.1 Refund of license fees authorized.
2-4.2 Additional powers, duties and functions.
Sec. 2-4.1 Refund of license fees authorized.
(a) Legislative Findings and Declaration of Intent. The council finds that:
Whenever a business license fee has been paid improperly or paid under circumstances
when it need not have been paid or otherwise paid in excess of
the amount required by law and such payments have been either voluntary, involuntary,
the result of a mistake of law or of fact or any combination
thereof and the payor has derived no benefit from the payment of such
fee, there exists a moral obligation on the part of the City and
County of Honolulu to refund said payment or such amount as represents the
illegal excess collected over that required by law.
(b) Director of Finance Authorized to Refund -- When. Upon the written request of the
payor received within six months from the date of the erroneous payment, the
director of finance may refund license fees or so much thereof as represents
the illegal excess collected over the amount required to be collected by law
or regulation when paid under the following conditions; when such fees need not
have been paid but were in fact paid voluntarily or involuntarily, under a
mistake as to the applicable law or mistake of fact provided that the
payor has not derived any benefit from the payment of the license fee.
If such a benefit has been derived therefrom as in the case of
a payment made pursuant to a law or regulation subsequently declared by a
court of competent jurisdiction to be invalid, only the amount of the fee,
which when prorated over the term of the license represents the balance of
the term for which the license fee was paid subsequent to the decision
invalidating the law or regulation under which payment was made, shall be refunded;
provided further, that notwithstanding the receipt of any benefits by the payor, payments
made involuntarily as defined in subsection (d) of this section shall be refunded
in their entirety.
(c) Limitations. The authority granted the director of finance in subsection (b) of this
section shall not extend to the payment of any other claims based on
an asserted moral obligation.
(d) Involuntary Payment. For the purposes of this article, involuntary payments shall be deemed
to be those payments made under protest to prevent interference with or the
closing of the payor's business or the arrest of such person. Similarly, payment
made under the threat of force or procured by fraud shall be deemed
involuntary.
(Sec. 2-4.1, R.O. 1978 (1983 Ed.))
Sec. 2-4.2 Additional powers, duties and functions.
(a) Collection. The director of finance shall be the chief accounting officer of the
city and shall:
(1) Collect and receive moneys due to or receivable by the city and issue
receipts therefor or authorize other executive agencies to do so under conditions prescribed
by the director of finance; and
(2) Have the responsibility of writing off uncollectible debts or accounts of $1,000.00 or
less for moneys due the city, upon recommendation of or with the concurrence
of the corporation counsel.
(b) Payment--Check or Electronic Means.
(1) In all instances where money due the city is paid by check or
electronic means, and the payment subsequently is dishonored by a bank or other
financial institution when presented for collection, a service fee shall be assessed against
the payor. The service fee shall be established and may be amended by
the director of finance. The service fee shall be incorporated into the rules
of the department of finance and shall not exceed the reasonable costs of
the city relating to the processing and collection of dishonored checks, or electronic
payments.
(2) Personal checks shall not be accepted by the city in payment of moneys
due the city of less than one dollar.
(3) The director of finance may accept payments of city taxes and other amounts
owed to the city made by electronic means, which in the director's discretion
are determined acceptable to the city.
If any payment by electronic means tendered for payment of any taxes or
other amounts owed to the city is not paid by the bank, credit
card company, or other financial institution, the person for whom such payment was
tendered shall remain liable for the payment of the taxes or other amounts
owed to the city, including the service fee established pursuant to paragraph (1),
the same as if such payment had not been tendered.
(4) The director of finance may establish, where allowable, convenience and service fees for
payments made by electronic means to be added to the amounts owed to
the city. The convenience and service fees shall be adopted by rules of
the department of finance and shall not exceed the reasonable costs of the
city relating to the processing of the payments.
(5) For purposes of this subsection, payments made by "electronic means" shall include payments
made by automated clearing house (ACH) transactions, fedwires, credit cards, charge cards, debit
cards, stored value cards, and other electronic payment technology not yet developed.
(c) Change Orders. The director shall report in writing to the council whenever:
(1) The city approves change orders for a city-financed construction project where the change
orders result in an increase in project costs, which in aggregate exceed one
of the following amounts:
(A) Seven percent of the original construction contract award, for construction projects involving renovations
to existing buildings, structures or facilities; or
(B) Five percent of the original construction contract award, for construction projects involving new
buildings, structures or facilities.
The director's report to the council on the change orders shall include the
amount of the original contract award, the amount appropriated for construction of the
project, the amount of the appropriation for construction allocated for contingencies, the total
number and total dollar amount of the change orders and the reason or
reasons for the change orders. The director shall report to the council within
30 days of the approval of the change order or orders which result
in the dollar amount of the change orders exceeding the limits set forth
in paragraph (A) or (B), as the case may be. For the purposes
of this subsection, a "contract award" means any separate award to a contractor
for construction work to be done for a city-financed construction project, and a
"city-financed construction project" means a project for which $500,000.00 or more in city
funds have been appropriated; provided that funds originally from the state or federal
government shall not be counted towards the $500,000.00 threshold.
(2) The actual completion date of a city-financed construction project, as defined in subdivision
(1), occurs 90 days or more after its scheduled completion date, as set
forth in the contract for the construction of the project. The director's report
on the aforementioned projects shall include for each project the scheduled completion date,
the actual completion date, the number of days that the project was overdue
and the reason or reasons for the delay in completing the project. The
director shall report to the council within 30 days of the completion of
a project that was overdue by 90 days or more.
(Sec. 2-4.2, R.O. 1978 (1983 Ed.); Am. Ord. 91-27, 95-09, 96-17, 97-02, 97-14)
Article 5. Risk Management
Sections:
2-5.1 General.
2-5.2 Definitions.
2-5.3 Purchase of insurance.
Sec. 2-5.1 General.
The director of finance shall establish a risk management
program to identify and control the city's exposure to liability. The program shall
be administered by the department of finance. (Sec. 2-16.1, R.O. 1978 (1987 Supp.
to 1983 Ed.); Am. Ord. 91-27, 97-02)
Sec. 2-5.2 Definitions.
As used in this article, unless the context requires otherwise:
"Risk" means the potential for financial loss through occurrences, including but not limited
to accidents, personal injury, tort claims, legal obligations and natural disasters.
"Risk management" means a management system to conserve the earning power and assets
of the city by minimizing the financial effect of accidental losses. (Sec. 2-16.2,
R.O. 1978 (1987 Supp. to 1983 Ed.))
Sec. 2-5.3 Purchase of insurance.
The policies of insurance purchased pursuant to and in
accordance with the director of finance's risk management program shall be procured from
companies authorized to do business in the State of Hawaii and according to
the applicable laws and ordinances on competitive bidding. (Sec. 2-16.3, R.O. 1978 (1987
Supp. to 1983 Ed.); Am. Ord. 91-27, 97-02)
Article 6. Department of Personnel. *
Sections:
2-6.1 Director of personnel--Additional powers, duties and functions.
2-6.2 Functions of the safety program administrator.
Sec. 2-6.1 Director of personnel--Additional powers, duties and functions.
The director shall prepare and recommend to the civil service commission reasonable regulations
to carry out applicable provisions of the charter. (Sec. 2-6.1, R.O. 1978 (1983
Ed.); Am. Ord. 96-58)
Sec. 2-6.2 Functions of the safety program administrator.
The functions of the safety program administrator are assigned to the department of
personnel. (Sec. 2-6.2, R.O. 1978 (1983 Ed.); Am. Ord. 96-58)
Article 7. Department of Data Systems *
Sections:
2-7.1 Qualifications.
Sec. 2-7.1 Qualifications.
The director of data systems shall have had:
(a) A minimum of five years of experience in an electronic data processing position,
including experience with third generation concepts and hardware to include teleprocessing;
(b) At least three years experience out of the five years experience in an
administrative and managerial capacity; and
(c) At least one year of experience out of the three years of experience
in a comprehensive management capacity for the development, implementation and operation of business
applications on a large scale computer system.
(Sec. 2-7.1, R.O. 1978 (1983 Ed.))
Article 8. Department of Public Works **
Sections:
2-8.1 Divisions.
2-8.2 Used oil recycling program.
2-8.3 Adopt-a-block graffiti and litter removal program.
Sec. 2-8.1 Divisions.
The department of public works shall be divided under the chief engineer into
the following divisions:
(a) Division of Automotive Equipment Service. The division of automotive equipment service, under the
supervision of a superintendent shall:
(1) Have charge of the municipal garage and be responsible for the custody, repair
and maintenance of all garage, shop and automotive equipment assigned to and used
by the department of public works of the city, except such stationary machinery
as may more practicably be maintained by the division or department having control
thereof.
(2) Furnish when needed all parts, accessories, gasoline, distillate, fuel oil, lubricants and tires
necessary for the repair of all such automobiles, trucks, shovels, cranes, graders, sweepers,
eductors, mixers, compressors and rollers.
(3) Furnish when needed for the use of other departments of the city, on
a rental basis, such vehicular equipment as may be available to it from
time to time.
(4) Have charge of the municipal corporation yard and any other place for the
storing or housing of all such vehicular equipment belonging to the city.
(5) By proper methods keep a check upon the use of all vehicular equipment
belonging to or under the jurisdiction of the city and from time to
time report all instances of accidents or apparent abuse of such equipment to
the department or division head concerned and to the chief engineer and the
mayor. For the purpose of this subdivision, vehicular equipment belonging to or under
the jurisdiction of the department of parks and recreation shall be deemed as
belonging to or under the jurisdiction of the city.
(6) Municipal Automobiles to Be Kept in Garage. All automobiles belonging to the city
and under the jurisdiction of the division of automotive equipment service shall be
kept at the municipal corporation yard when not in the actual service of
the city, except such automobiles as the chief engineer may specifically authorize to
be kept elsewhere.
(7) Repairs. All repairs upon any such automobile, truck, shovel, crane, grader, sweeper, eductor,
mixer, compressor, roller or machinery belonging to the city shall be made at
the municipal garage to the fullest extent that the facilities of the garage
permit, except repairs made in an emergency. The municipal garage shall also make
repairs upon and furnish gasoline, oils, parts and accessories for equipment coming under
the jurisdiction and control of other departments, excepting only the board of water
supply, department of parks and recreation, police department and fire department, and it
may, upon request, furnish such repairs, gasoline, oils, parts and accessories for such
excepted departments.
(8) Accounting Records. It shall be the duty of the superintendent to keep a
system of accounting records as shall be approved by the director of finance
and the council so as to properly charge against the proper division, department
or fund the cost of the service rendered and facilities furnished by the
division of automotive equipment service and said cost shall be so charged.
(9) Reports by Superintendent. The superintendent shall make a full report to the chief
engineer and the council not later than the 15th day of the month
following the close of each quarter of all of the affairs of the
superintendent's division, including therein, among other things, work done and equipment and stock
on hand, equipment purchased and disposed of during such quarter. The report shall
be made in such form and manner as shall be approved by the
director of finance and the council.
(10) Fees or Rates Applicable to Automotive Equipment Charges. The fees or rates applicable
to automotive equipment shall reflect the actual cost of services performed or contracted
for, goods provided and overhead.
(11) Limitation. This subsection shall not be construed as authorizing the division of automotive
equipment to control the routing and direction of equipment while in use by
another division or department.
The powers, duties, and functions provided to the division of automotive equipment service
by this subsection shall not apply to motor vehicles used for the city
bus system or special transit service. For the purpose of this limitation, "city
bus system" and "special transit service" mean the same as defined under Section
13-1.1.
(b) Division of Land Survey and Acquisition. The division of land survey and acquisition,
under the supervision of a director, shall be responsible for surveys, title searching,
appraising and negotiation for acquisition of lands and easements for rights-of-way for street
widening and extensions, sewers, water, drainage and other public uses.
(c) Division of Refuse Collection and Disposal. The division of refuse collection and disposal,
under the supervision of a superintendent, shall be responsible for refuse collection and
disposal operations and such other duties as may be assigned by the chief
engineer.
(d) Division of Road Maintenance. The division of road maintenance, under the supervision of
a director, shall be responsible for the construction and maintenance of roads, streets,
highways, footpaths, storm drain facilities and bridges.
(e) Division of Engineering. The division of engineering, under the supervision of a director,
shall be responsible for:
(1) Engineering services for public works and improvement district functions other than for sewers;
(2) The filing and safekeeping of engineering drawings and maps for the department of
public works;
(3) Planning and regulating the numbering of all buildings in the city; and
(4) Reviewing private subdivision plans and inspecting the construction of said subdivisions.
(Sec. 2-8.1, R.O. 1978 (1983 Ed.); Am. Ord. 91-27, 93-31, 97-02)
Sec. 2-8.2 Used oil recycling program.
(a) The department of public works shall establish a used oil recycling program. Under
the program, the department, by January 1, 1990, shall:
(1) Establish and operate at least one used oil collection center; and
(2) Conduct used oil recycling education and promotion activities.
In addition, the department may establish and provide a curbside used oil collection
service, but only after establishment of at least one used oil collection center
and commencement of the used oil recycling education and promotion activities.
(b) For the purpose of this section, "used oil" means a petroleum-based oil which
through use, storage or handling has become unsuitable for its original purpose due
to the presence of impurities or loss of original properties.
(c) The department shall establish at least one used oil collection center, at which
used oil, generated from other than commercial or industrial activities, shall be accepted
from individuals. Each center shall be established on the grounds of a solid
waste disposal facility, wastewater treatment plant, wastewater pump station, corporation yard or other
facility under the jurisdiction of the department, or at privately operated service stations
designated by the department. Establishment shall be contingent upon a finding by the
department that the used oil collection activity shall not unduly interfere with or
endanger the employees or operations of the other facility. In the operation of
the used oil collection center, the department shall not:
(1) Accept used oil from any business or any individual who has generated the
used oil from commercial or industrial activities;
(2) Impose any charge on an individual for accepting used oil from the individual;
or
(3) Pay any amount to an individual for accepting the used oil from the
individual, except from funds appropriated by the council for the payment of incentives
to encourage individuals to turn in used oil.
(d) The department shall conduct used oil recycling education and promotion activities, which shall
include, but not be limited to, the following:
(1) Promotion of public awareness of the hazards and detrimental effects which may result
from disposal of used oil in the solid waste disposal system and wastewater
treatment and disposal system;
(2) Promotion of public awareness of the hazards and detrimental effects which may result
from release of used oil into the environment, especially the groundwater;
(3) Promotion of public awareness of the businesses and facilities to which used oil
may be transported for lawful disposal; and
(4) Provision of information to businesses generating used oil of federal, state and city
laws and rules concerning disposal of the used oil.
(e) The department may establish a curbside used oil collection service, under which used
oil shall be collected by the department from private dwellings and multi-unit residential
buildings. If established, the department periodically on scheduled days, shall collect containers of
used oil which are placed within the sidewalk area. The department shall establish
the procedures for the collection of used oil, which shall be separate from
the procedures for collection of refuse. Under no circumstances shall the department collect
used oil from businesses, nor shall the department impose a charge for collection
of the used oil.
(f) Used oil accepted or collected by the department shall be disposed of under
arrangement with a holder of a permit under HRS Chapter 342N, to transport,
market or recycle used oil. The city may pay a fee or charge
to the used oil transporter, marketer or recycler under an arrangement to transport,
market or recycle the used oil. To keep that fee or charge to
a minimum, the department may transport any collected or accepted used oil to
the facility of the used oil transporter, marketer or recycler.
(g) In the implementation of the used oil recycling program, the department shall comply
with all applicable federal and state laws and rules. If a permit from
the federal or state government is required to undertake any activity under the
program, the department shall obtain the necessary permit.
(Added by Ord. 89-118)
Sec. 2-8.3 Adopt-a-block graffiti and litter removal program.
(a) Establishment. The chief engineer shall establish an "Adopt-A-Block Graffiti and Litter Removal Program"
which shall be administered by the department of facility maintenance. The chief engineer
may adopt rules or policies and shall adopt forms necessary to implement this
section.
(b) Definitions. For the purposes of this section:
"Adopter" means a person adopting a block or portion thereof under the program
established pursuant to this section.
"Block" means one side of any street, the length of such side extending
between two consecutive intersections; or, in the case of a dead-end street, one
side of such dead-end street, the length of such side extending between the
dead-end and the nearest intersection.
"Bus stop shelter or bench" means a shelter or bench owned by the
city and located at an official or unofficial bus stop for the use
of persons waiting for a city bus.
"Curb" means the same as defined under Section 14-18.2.
"Department" means the department of facility maintenance.
"Graffiti" means any unauthorized drawing, inscription, figure, or mark of any type intentionally
created by paint, ink, chalk, dye, or similar substances. "Graffiti" also means any
unauthorized sticker, decal, or tape.
"Person" means individuals, corporations, firms, associations, societies, communities, and assemblies.
"Program" means the Adopt-A-Block Graffiti and Litter Removal Program established pursuant to this
section.
"Public facility" means any city-owned light post, traffic control box or device, or
sign.
"Sidewalk" means the same as defined under Section 14-18.2.
(c) Elements of Program. The program shall at a minimum include the following elements:
(1) Interested persons may volunteer to remove or cover graffiti on walls, public facilities,
and bus stop shelters and benches along a city block or blocks and
remove litter from these facilities and public sidewalks and curbs along a city
block or blocks specified by the persons, which block or blocks shall be
deemed to be "adopted" by the persons for the purposes of this section.
A portion of a block may be adopted, provided that the portion is
a minimum of 200 feet in length.
The adopter shall enter into an agreement with the department:
(A) To adopt the block or portion thereof for a minimum of two years;
and
(B) To perform the applicable of the following on the same day at least
four times a year:
(i) To remove litter from the public sidewalks and curbs along the adopted block
or portion;
(ii) To remove or cover graffiti on walls and public facilities along the adopted
block or portion; and
(iii) If there is a bus stop shelter or bench on the adopted block,
to also remove or cover any graffiti on the shelter or bench.
(2) The department shall provide the adopter with the supplies and materials necessary to
remove or cover the graffiti and collect the litter, including but not limited
to cleaning agents, paint, brushes, trash bags, and gloves, at no charge to
the adopter. The paint provided by the department need not match the existing
color of the wall. The department also shall provide instruction on proper removal,
painting, and safety procedures. The adopter shall return any unused or reusable supplies
and materials to the department after each graffiti and litter removal operation. The
department shall be responsible for the prompt removal of all filled trash bags
after each graffiti and litter removal operation. This subdivision shall not preclude the
adopter from providing its own supplies and materials, provided that they are approved
by the department, or from removing filled trash bags.
(3) Walls not owned by the city shall not be subject to the program
unless the adopter obtains the written consent thereto from the owner of the
wall. The owner's consent shall be obtained on a form prescribed by the
chief engineer and shall include a provision holding the city harmless with respect
to claims for injury or damage by the owner or the owner's lessees,
agents, employees, customers, or invitees arising from the removal or covering of the
graffiti. The department shall assist the adopter in identifying the owner of any
wall not owned by the city along the adopted block or portion thereof.
(4) All of the adopter’s participants shall be at least 12 years of age.
The adopter shall provide adequate and necessary supervision of all participants under the
age of 18. There shall be at least one adult supervisor for every
five or fewer participants between the ages of 12 and 17. A signed
parental release form shall be provided for every participant between the ages of
12 and 17.
(5) The agreement between the adopter and the department may be terminated by either
party on written notice to the other.
(d) Additional Authority of Chief Engineer. The chief engineer may:
(1) Declare a block or portion thereof as ineligible for the program if its
location or physical attributes would pose safety hazards to the adopter or the
public.
(2) Impose additional requirements for adoption not in conflict with this section and in
the interests of public safety or necessary for practical administration of the program.
(3) Require the adopter or the owner of any wall along the adopted block
or portion thereof who consents to inclusion of the wall in the program
to execute such releases, indemnity agreements, and similar agreements as the chief engineer
may deem advisable in consultation with the corporation counsel.
(4) Attach to a bus stop shelter or bench or bus stop sign pole
a plaque citing the adopter's adoption of the block. To be eligible for
a plaque, the block adopted shall consist of a city block which includes
a city-owned bus stop shelter or bench on it. The chief engineer shall
have the authority to determine whether and where to attach a plaque, but
that authority shall be exercised in accordance with this subdivision and other applicable
law or ordinance and after consultation with the director of transportation services. A
plaque shall state: "______________ (Adopter's name) Adopt-A-Block Cleanup Program." It shall not include
any other word or logo, trademark, symbol, or other image. The chief engineer
shall determine the dimension, design, and coloring of a plaque; provided that, if
the plaque is to be attached to a bus stop sign pole, it
shall be smaller than the bus stop sign, attached beneath the sign, and
designed and oriented so as not to constitute a traffic or pedestrian hazard.
A plaque shall be deemed a "public sign," not "plaque," for the purpose
of the Land Use Ordinance. When the chief engineer attaches or directs the
attachment of a plaque in accordance with this section, the action shall be
deemed a performance of a public duty for the purpose of HRS Chapter
445, Part IV.
(Added by Ord. 98-07; Am. Ord. 99-21)
Article 9. Building Department
Sections:
2-9.1 Additional powers, duties and functions.
2-9.2 House numbering.
2-9.3 Green building standards for city facilities.
Sec. 2-9.1 Additional powers, duties and functions.
(a) The director and building superintendent shall be charged with the supervision, direction and
control of:
(1) The construction, repair, maintenance, structural condition and operation of city buildings, structures and
grounds, except as otherwise provided by the charter or ordinance.
(2) The administration and enforcement of the building code, and all statutes and ordinances
relating to the work of the building department.
(3) Inspecting, supervising, regulating and approving the construction, alteration, repair and moving of buildings,
structures and certain accessories related thereto, such as electrical, plumbing and gas systems,
as are prescribed by the building code and other statutes and ordinances related
to the work of the building department.
(b) Reports and Records. The director and building superintendent shall:
(1) Submit reports to the mayor, upon request, in addition to the submission of
an annual report, covering the work of the building department during the preceding
period. Such person shall incorporate in said report a summary of such person's
recommendations as to desirable amendments to the building code and other related ordinances
which such person administers and enforces; and
(2) Keep a permanent, accurate account of all fees and other moneys collected and
received, the names of the persons upon whose account the same were paid,
the date and amount thereof as authorized by the director of finance.
(c) Valuation. The determination of value or valuation under any of the provisions of
the building code shall be made by the director and building superintendent.
(d) Right of Entry. Upon presentation of proper credentials, the director and building superintendent
or such person's duly authorized representatives may enter at reasonable times any building,
structure or premises in the city to perform any duty imposed upon such
persons by the building code.
(e) Stop Order. Whenever any building work is being done contrary to the provisions
of the building code or any other statutes or ordinances related to the
work of the building department, the director and building superintendent may order the
work stopped by notice, in writing, served on any person engaged in the
doing or causing such work to be done, and such person shall forthwith
stop such work until authorized by the director and building superintendent to proceed
with the work.
(Sec. 2-9.1, R.O. 1978 (1983 Ed.); Am. Ord. 91-27)
Sec. 2-9.2 House numbering.
(a) Authorization. The director and building superintendent or such person's designated assistant shall plan
and regulate the numbering of all buildings in the city.
(b) Method in Rural Areas. The director and building superintendent or such person's designated
assistant in numbering buildings in areas outside of the districts of Honolulu, Pearl
City, Lanikai, Kailua, Wahiawa, the city of Kapolei, and any urban areas specifically
designated by the director as exempt from the provisions of this subsection shall
adhere in all respects to the following system of numeration. The first digit
of the building number shall correspond with the zone number of the appropriate
tax map of the City and County of Honolulu; the second digit of
the building number shall correspond to the section number of the tax map.
The remaining digits of the building number shall be assigned in a manner
to be determined by the director and building superintendent or such person's designated
assistant.
(c) Numbering of Entrances. All main entrances to buildings shall be numbered, and the
director and building superintendent or such person's designated assistant shall assign to each
building its proper number or numbers and furnish free of charge to the
owner a certificate designating each number and location.
(d) Duty of the Property Owner.
(1) It shall be the duty of every person owning any building within the
city to number the same or cause the same to be numbered correctly
within 60 days after receipt of the certificate designating the assigned number, and
to remove or efface any wrong number upon such building.
(2) All numbers shall be placed in such manner as to be readily seen
from the street, roadway or lane, shall be of different color from the
background on which they are placed, and shall be at least two inches
in height. The number shall be placed in a permanent manner, chalk or
other effaceable material not being permitted.
(3) All buildings shall be numbered at the expense of the owner.
(4) An owner of a building may supplement the building numbers required by this
article with numbers on the curb fronting the building. Curb numbers shall be
painted on the curb fronting the respective building in an area as close
to the middle of such curb frontage as possible, measured from property line
to property line, or, where a driveway exists, in the area immediately adjacent
to the driveway, or in any other such manner as to make clear
to which building the numbers refer. The numbers shall only be allowed in
addition to the numbers required by this article and shall be painted in
a manner to be determined by the director and building superintendent.
(e) Penalty for Tearing, Defacing or Changing Number. Any person tearing down, defacing or
changing any number put up in accordance with this article shall be guilty
of a misdemeanor and upon conviction shall be subject to a fine of
not more than $10.00 and not less than one dollar.
(f) Penalty for Failure to Conform to Requirements of Numbering. Any owner of a
building in the city who neglects to number such buildings as provided in
this section or who shall place, maintain, or allow to remain thereon any
number other than that assigned by the director and building superintendent or any
designated assistant after being notified in writing by the director and building superintendent
or such person's designated assistant, shall be guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine of not less than five
dollars nor more than $20.00, and a further penalty of like sum for
every two weeks thereafter that such property owner shall neglect or refuse to
properly number such house or building or efface an improper number.
(Sec. 2-9.2, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 93-52)
Sec. 2-9.3 Green building standards for city facilities.
(a) Qualifying city facilities shall comply with LEEDTM Silver, in the version most recently
adopted by the U.S. Green Building Council, as a minimum design standard.
(b) As used in this section, “qualifying city facilities” means facilities with a floor
area greater than 5,000 square feet, the design of
which is appropriated in the executive capital budgets for the fiscal years 2008
and thereafter. The term excludes wastewater treatment, solid waste, and other facilities for
which LEEDTM certification is not available or facilities that the director of design
and construction has determined that compliance with LEEDTM Silver would be infeasible or
inappropriate.
(Added by Ord. 06-06)
Article 10. Department of Health
Sections:
2-10.1 Powers, duties and functions.
Sec. 2-10.1 Powers, duties and functions.
The city and county physician shall:
(a) Have charge and control of all functions relating to public health and welfare
within the city, other than powers, duties and functions of the medical examiner
and the state department of health.
(b) Administer and enforce all statutes, ordinances, and rules and regulations of any government
agency, concurrently with the department of health of the State of Hawaii relating
to public health and welfare within the city.
(c) Examine all applicants for employment and all officers and employees of the city
pursuant to any applicable ordinance, civil service laws and rules and regulations then
in effect.
(Sec. 2-10.1, R.O. 1978 (1983 Ed.))
Article 11. Fire Department *
Sections:
2-11.1 Powers, duties and functions.
Sec. 2-11.1 Powers, duties and functions. **
The fire chief shall be charged with the prevention of fires and the
protection of life and property against fire and shall:
(a) Report Losses. Report all fire losses periodically to the mayor.
(b) Maintain Equipment. Be responsible for the maintenance and care of all property and
equipment used by the fire chief's department.
(c) Fire Extinguishers. Grant, withhold, suspend or revoke certificates of fitness authorizing persons to
repair, fill or refill portable fire extinguishers.
(Sec. 2-11.1, R.O. 1978 (1983 Ed.))
Article 12. Department of Transportation Services *
Sections:
2-12.1 Powers, duties and functions.
2-12.2 Street lighting to be energy efficient.
Sec. 2-12.1 Powers, duties and functions.
The director of transportation services shall:
(a) Install, maintain and repair the civil defense siren warning system and the fire
alarm and police communication systems, other than radio.
(b) Be authorized to issue permits for the movement of vehicles, equipment or other
objects of excessive weight, width or height as prescribed by law.
(c) Be responsible for the collection of revenue from on-street and off-street parking meters
and for the construction and maintenance of multideck parking lots.
(d) Plan, develop, promote and coordinate:
(1) Ridesharing programs, which shall include, but not be limited to, carpool, vanpool, taxipool
and buspool programs. The director shall assist organizations interested in promoting ridesharing programs,
arrange for contracts with private organizations to manage and operate the programs, and
assist in the formulation of ridesharing arrangements. "Ridesharing programs" include informal arrangements in
which two or more persons ride together in a motor vehicle to and
from work or school; and
(2) Other transportation systems management programs, which shall include, but not be limited to,
alternate work hours programs and bicycling programs.
(e) Prepare a bikeway system and master plan for urban Honolulu to be submitted
to the council for approval, and thereafter prepare and submit for council approval
revisions to the plan at least every five years after the adoption of
the plan by the council. The bikeway system in the plan shall, at
a minimum, connect the following principal bicycle destinations: Waikiki, Diamond Head, the University
of Hawaii and Manoa Valley, Punchbowl, the Hawaii Capital Special District, Chinatown, Aloha
Tower, the state Waterfront Park and redevelopment area, Ala Moana Beach Park, the
airport area, and military bases.
(f) Be responsible for studies, planning, design, supply, construction, operation and maintenance of the
automated fixed guideway rapid transit system. The director shall study and plan for
an integrated mass transit system, consisting of the rapid transit system with the
city bus system as the feeder bus component.
(g) Be responsible for the:
(1) Planning, administration and coordination of programs and projects which are:
(A) Proposed to be funded, wholly or partially, under the federal Urban Mass Transportation
Act of 1964, as amended, the Federal Aid Highway Act of 1973, as
amended, or any other federal law or regulation; and
(B) Required to be transmitted by the city to the Oahu metropolitan planning organization.
In the planning, administration and coordination of the programs and projects, the director
shall consult with the planning department. When deemed appropriate, the director may assign
the responsibility for planning and administering a particular program or project to the
planning department.
(2) Receipt of federal funds for the programs and projects and:
(A) Expenditure of those federal funds appropriated to the department of transportation services; and
(B) With respect to those federal funds appropriated to the planning department, apportionment of
the funds to that department for expenditure.
(3) Preparation of the short-range transit plan and any update. The "short-range transit plan"
means the same as defined under Section 4-2.1.
(Sec. 2-12.1, R.O. 1978 (1983 Ed.); Am. Ord. 89-149, 91-27, 94-39, 97-02)
Sec. 2-12.2 Street lighting to be energy efficient.
All new and replacement municipal street lighting fixtures installed by the department of
transportation services from July 1, 1992, shall equal or exceed the energy efficiency
of low-pressure sodium lighting fixtures, unless waived by the director of transportation services
in accordance with rules adopted pursuant to HRS Chapter 91. (Added by Ord.
92-01)
Article 13. Department of Auditoriums *
Sections:
2-13.1 Powers, duties and functions.
Sec. 2-13.1 Powers, duties and functions.
The director of the department of auditoriums shall:
(a) Have the authority to negotiate contracts for the renting or leasing of property
under the control of the department of auditoriums, including contracts for concessions, pursuant
to the rental policy established by the council; provided, that all such contracts
shall be executed by the director of finance. *
(b) Have the authority to manage, control and operate the facilities of the municipal
auditorium complex and the Waikiki Shell complex of the city, including the right
of custody, repair and maintenance of all property and equipment assigned to and
used by the department of auditoriums.
(Sec. 2-13.1, R.O. 1978 (1983 Ed.))
Article 14. Department of Land Utilization Central Coordinating Agency for Oahu
Sections:
2-14.1 Authority and purpose.
2-14.2 Designation.
2-14.3 Powers, duties and functions.
2-14.4 Rules and regulations.
2-14.5 Applicability.
2-14.6 Appeals.
2-14.7 Validity.
Sec. 2-14.1 Authority and purpose.
This article is adopted pursuant to authority conferred by HRS Chapter 46. The
purpose of this article is to improve the coordination and efficiency of the
land use and planning control systems. (Sec. 2-14.1, R.O. 1978 (1983 Ed.))
Sec. 2-14.2 Designation.
Pursuant to HRS Chapter 46, as amended, the department of land utilization is
designated the central coordinating agency for the City and County of Honolulu. (Sec.
2-14.2, R.O. 1978 (1983 Ed.))
Sec. 2-14.3 Powers, duties and functions.
The central coordinating agency shall:
(a) Maintain and continuously update a repository of all laws, rules and regulations, procedures,
permit requirements and review criteria of all federal, state, and city and county
agencies having control or regulatory powers over land development projects within the city
and county and shall make said repository and knowledgeable personnel available to inform
any person requesting information as to the applicability of the same to a
particular project within the city and county.
(b) Study the feasibility and advisability of utilizing a master application form to concurrently
file applications for an amendment to a general plan and development plan, change
in zoning, special management area permit and other permits and procedures required for
land development projects in the city and county to the extent practicable with
one master application.
(c) Maintain and continuously update a master file for the city and county of
all applications for building permits, subdivision maps, and land use designations of the
state and city and county.
(d) When requested by the applicant, the central coordinating agency shall endeavor to schedule
and coordinate, to the extent practicable, any referrals, public informational meetings or any
public hearings with those held by other federal, state and/or city and county
commissions or agencies pursuant to existing laws pertaining to the city and county.
(e) Assist the council in proposing an amendment to Chapter 21 (LUO) as permitted
by Section 6-906, RCH, by gathering and preparing the necessary supporting documentation sufficient
to satisfy the usual requirements to commence processing such an amendment.
(Sec. 2-14.3, R.O. 1978 (1983 Ed.); Am. Ord. 93-72)
Sec. 2-14.4 Rules and regulations.
The central coordinating agency shall compile the repository and adopt necessary rules pursuant
to HRS Chapter 46, as amended. Drafts of rules and regulations to be
promulgated by said agency to implement the functions specified in Section 2-14.3 shall
be presented to the city council for its review prior to its finalization.
(Sec. 2-14.4, R.O. 1978 (1983 Ed.))
Sec. 2-14.5 Applicability.
All state and city and county departments, divisions, agencies and commissions, with control
or regulatory powers over land development projects within the city and county shall
cooperate with the central coordinating agency in making available and updating information regarding
laws, rules and regulations, procedures, permit requirements and review criteria they enforce upon
land development projects. The term "agency" shall be as defined by HRS Chapter
91. (Sec. 2-14.5, R.O. 1978 (1983 Ed.))
Sec. 2-14.6 Appeals.
Appeals from actions by the director of land utilization in the administration of
the rules and regulations adopted pursuant hereto shall be heard and decided by
the city council. An appeal shall be sustained only if the council finds
that the director's action was based on an erroneous finding of material fact,
or that the director had acted in an arbitrary or capricious manner, or
had manifestly abused the director's discretion. (Sec. 2-14.6, R.O. 1978 (1983 Ed.))
Sec. 2-14.7 Validity.
The validity of any word, section, clause, paragraph, sentence, part or provision of
this article shall not affect the validity of any other part of this
article which can be given effect without such invalid part or parts. (Sec.
2-14.7, R.O. 1978 (1983 Ed.))
Article 15. Royal Hawaiian Band *
Sections:
2-15.1 Powers, duties and functions.
2-15.2 Fees for services.
Sec. 2-15.1 Powers, duties and functions.
The bandmaster shall:
(a) Be charged with the supervision, direction and control of the Royal Hawaiian Band.
(b) Keep a permanent and accurate inventory of the musical instruments and other related
equipment and fixtures assigned to or used by the band.
(Sec. 2-15.1, R.O. 1978 (1983 Ed.))
Sec. 2-15.2 Fees for services.
(a) The following are the fees to be assessed for any performance by the
Royal Hawaiian Band of the city:
(1) Private function $1,200.00 for the first hour,
and thereafter, $150.00 for each 15 minutes or fraction thereof.
(2) Television, radio, movies or recordings $150.00 per 15 minutes
or fraction thereof, plus royalties and residuals.
(3) Vessel arrival or departure $300.00 for each performance.
(4) Public or semi-public function No fee.
(b) The term "public" means and includes occasions sponsored by or related to a
governmental purpose. The term "semi-public" means and includes occasions which are sponsored by
or related to community, civic, athletic, or ethnic organizations or associations and which
are either eleemosynary corporations chartered under the laws of the State of Hawaii,
or listed by the Internal Revenue Service as a nonprofit organization or association
or duly recognized by the residents of the city as a community or
civic organization, with sufficient public purpose to warrant performance by the band with
incidental benefits to the private organizations or associations.
(c) All fees collected under this article shall be paid into the general fund
of the city.
(Sec. 2-15.2, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 99-10, 02-66)
Article 16. Department of Parks and Recreation
Sections:
2-16.1 Powers, duties and functions.
Sec. 2-16.1 Powers, duties and functions.
The director of parks and recreation shall:
(a) Operate and maintain the Waikiki war memorial and natatorium, including its structures, facilities
and grounds;
(b) Schedule the use of parks areas and facilities, provided that the director may
give preference to events which promote Hawaii-based artists, whenever practicable; and
(c) Perform such other duties as may be required by law.
(Added by Ord. 90-1; Am. Ord. 94-77)
Article 17. Execution of Executive Operating Budget and Executive Capital Budget Ordinances
Sections:
2-17.1 Definitions.
2-17.2 Budget execution.
2-17.3 Moneys earned on investment of funds.
2-17.4 Notice of bid results.
Sec. 2-17.1 Definitions.
As used in this article, unless the context clearly indicates otherwise:
"Activity" means the lowest level in the appropriations ordinance at which resources are
budgeted.
"Permanent position count" means the number of permanent full-time equivalent positions authorized for
each activity by law.
"Program" means a combination of activities designed to achieve a specific goal of
the city.
"Temporary position count" means the number of temporary, full-time equivalent positions which are
authorized for each activity by law. Temporary positions shall include those positions defined
in Revised Charter Section 6-1103. (Sec. 2-18.1, R.O. 1978 (1987 Supp. to 1983
Ed.); Am. Ord. 90-49, 96-58)
Sec. 2-17.2 Budget execution.
Upon the enactment of the executive operating budget ordinance and the executive capital
budget ordinance, each executive agency may make expenditures pursuant to the charter, subject,
however, to the following:
(a) Authorized Positions. Only those positions authorized within the specified permanent position count
and temporary position count for each activity under the executive operating budget ordinance
may be established, filled, and have funds allotted to them. Provided, however, if
because of an unforeseen or emergency circumstance a temporary position is required for
an activity for which a temporary position count has not been authorized, the
mayor, after notifying the council, may establish, fill and allot funds for that
temporary position.
The notification shall identify: the type of temporary position required, the anticipated duration
of the employment of the temporary position, the cost of the temporary position,
the source of budgetary savings which will accrue to finance the temporary position,
and the unforeseen or emergency circumstance justifying the need for the temporary position.
(b) (1) Temporary Transfers of Positions. Temporary transfers of positions by the mayor
shall be permitted pursuant to Section 5-103 of the charter within the fiscal
year. A quarterly status report of all transfers shall be filed with the
office of the city clerk. Such report shall include, but need not be
limited to, the following information for each position transferred: the position title and
position number of the position transferred, the originating activity from which the position
is transferred, the activity to which the position is transferred, the title and
function of the position in its temporary assignment, the purpose for the transfer,
and the effective date and the anticipated duration of the temporary transfer.
(2) Temporary transfer of position actions shall not be used as a means
to circumvent the annual budget policies and process.
(c) Transfer of Funds.
(1) No transfer of funds from an activity shall be executed without council
approval by resolution when the cumulative amount of transfers from that activity shall
total in excess of $100,000.00 or 10 percent of the amount appropriated for
that activity in the executive operating budget ordinance, as may be amended, whichever
is less. No transfer of funds to an activity shall be executed without
council approval by resolution when the cumulative amount of transfers to that activity
shall total in excess of $100,000.00 or 10 percent of the amount appropriated
for that activity in the executive operating budget ordinance, as may be amended,
whichever is less. A report of all individual transfers of funds between activities
occurring within each month shall be filed with the office of the city
clerk within 15 days after the end of the month. Such report shall
include, but need not be limited to, the following information: the amount of
funds transferred, the source of funding of the transferred funds, the originating activity
and character of expenditure thereof from which the funds are transferred, the activity
and character of expenditure thereof to which the funds are transferred, the purpose
for the transfer, and the impact of the loss of funds on the
originating activity.
(2) Except as otherwise provided in subdivision (4), no transfer of funds between characters
of expenditure within the same activity shall be executed without council approval by
resolution when the cumulative amount of such transfers exceeds the lesser of:
(A) $100,000.00, or
(B) the greater of:
(i) 10 percent of the appropriation for either the originating or receiving character of
expenditure, or
(ii) $10,000.00.
A report of all individual transfers of funds between characters of expenditure shall
be filed with the office of the city clerk within 15 days after
the end of the month. Such report shall include, but need not be
limited to, the following information: the amount of funds transferred, the source of
funding of the transferred funds, the originating character of expenditure from which the
funds are transferred, the character of expenditure to which the funds are transferred,
the purpose of the transfer, and the impact of the loss of funds
on the originating character of expenditure.
(3) For the purposes of this subsection, "character of expenditure" means the same as
defined in Section 2-18.1.
(4) Council approval shall not be required for transfers of funds between characters of
expenditure within the same activity when the funds transferred are from and will
remain a part of the appropriations to the transit management services contractor as
defined in Chapter 13. A report of all individual transfers of funds as
provided herein shall include the same information prescribed in subdivision (2). The report
shall be filed with the office of the city clerk within 15 days
after the end of the month and a copy of the report shall
be transmitted to the city council.
(d) Force and Effect of the Executive Program. The temporary position count for
each activity as may be provided for in the executive program, as attached
to the executive operating budget ordinance, shall have the same force and effect
as provided by this article, to limit funding only to duly authorized temporary
positions.
(Sec. 2-18.2, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 88-14, 90-49,
91-27, 96-23, 97-02, 98-02, 00-48)
Sec. 2-17.3 Moneys earned on investment of funds.
Unless otherwise provided by law, or by ordinance or resolution providing for the
issuance of and security for bonds of the city, all moneys earned on
the investment of funds shall be deposited to the general fund of the
city. (Sec. 2-18.3, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 98-20)
Sec. 2-17.4 Notice of bid results.
(a) Whenever the city receives bids for a capital improvement project, one or more
of which bids exceed the city's estimate of the project's cost, and the
user agency decides not to proceed with the project, the user agency shall
notify the city council of the following as soon as the user agency
determines not to award the contract because of insufficient funds:
(1) The name of the project;
(2) The city's estimate of the project's cost;
(3) The dollar amount of each bid received for the project; and
(4) The amount and percentage by which the lowest bid exceeds the city's estimate
of the project's cost.
(b) For the purpose of this section, "user agency" means the city agency for
which the project is being built.
(Added by Ord. 94-74)
Article 18. Form of Executive Operating Budget and Executive Capital Budget Bills
Sections:
2-18.1 Definitions.
2-18.2 Executive operating budget bill--Form.
2-18.3 Executive capital budget bill--Form.
2-18.4 Transfer and allocation of funds.
2-18.5 Executive program and budget.
2-18.6 Line-item budget details.
2-18.7 Report on position vacancies.
2-18.8 Park land acquisition--Report.
Sec. 2-18.1 Definitions.
As used in this article, unless the context clearly indicates otherwise:
"Activity" means the lowest level in the appropriations ordinances at which resources are
budgeted.
"Character of expenditure" means the major categories of expenditures. For the operating budget,
it includes, but is not limited to, salaries, other current expenses and equipment.
For the capital budget, it includes the work phases.
"Function" means a combination of programs designed to achieve a major purpose of
the city.
"Position count" means the number of permanent full-time equivalent positions requested for authorization.
"Program" means a combination of activities designed to achieve a specific goal of
the city.
"Source of funding" means the source from which funds are requested for appropriation
for the activities and projects specified in the executive operating budget and executive
capital budget bills. Each source of funding shall be identified with a unique
letter symbol.
"Work phase" means a stage or element of a capital project including, but
not limited to, planning and engineering, land acquisition, construction, inspection, equipment and artwork
purchased for display on city property. (Added by Ord. 88-107)
Sec. 2-18.2 Executive operating budget bill--Form.
The proposed executive operating budget bill shall be substantially in the form found
in Exhibit A, attached to the ordinance codified in this article, and made
a part hereof, and it shall include, but not be limited to, the
following:
(a) A summary of the estimated revenues, by source, with which the expenditures requested
for appropriations shall be financed. If the source of funding is a broad
category of funds composed of specific component funds, such as other operating funds,
other federal funds or other state funds, a listing of all anticipated grants
or programs, along with the estimated revenue for each, which comprise this source
of funding shall also be included.
(b) Definitions of key words, phrases and symbols including, but not limited to, letter
symbols designating the source of funding for the appropriations.
(c) For each activity, the number of full-time equivalent positions, the amount of the
requested appropriation by source of funding, the amount of the requested appropriation by
character of expenditure, and the moneys which comprise the requested appropriation for the
activity.
(d) For each function, the total full-time equivalent positions, the amount of the requested
appropriation by source of funding, the amount of the requested appropriation by character
of expenditure, and the total of all moneys which comprise the requested appropriation
for the function.
(e) The total of all moneys requested for appropriation by function.
(f) The executive operating budget bill may include provisos or conditions applicable to one
or more activity and which relate to the receipt or expenditure of funds
or positions requested within the bill.
Volume I of the executive program and budget shall show, as appropriate, amounts
reflecting prior fiscal year expenditures, current appropriations, and funding proposals for the ensuing
fiscal year at a level below the activity level. Where necessary for review
purposes, the city council may request that additional subactivities be added. These new
subactivities shall be shown in future budgets submitted to the city council. In
addition, each budgeted item within the miscellaneous function shall be deemed a separate
activity and Volume I shall include a statement of purpose for each activity
and show prior fiscal year expenditures inclusive of any transfer to and from
the activity and current appropriations and funding proposals for the ensuing fiscal year.
(Added by Ord. 88-107; Am. Ord. 91-24, 96-23)
EXHIBIT A
ORDINANCE ___________
BILL __________________
A BILL FOR AN ORDINANCE
RELATING TO THE EXECUTIVE OPERATING BUDGET AND PROGRAM FOR THE FISCAL YEAR JULY
1, 20__ TO JUNE 30, 20__.
BE IT ORDAINED by the People of the City and County of Honolulu:
SECTION 1. The revenues from the following sources estimated for the fiscal year
July 1, 20__ to June 30, 20__ are hereby provided and appropriated for
the purposes set forth in Sections 2 through __:
OPERATING FUNDS
LESS
Fund INTERFUND NET
Code SOURCE OF FUNDS AMOUNT TRANSFER AMOUNT TOTAL
XX XXXX $ $ $ $
TOTAL $ $ $
SECTION 2. The monies described in Section 1 for the fiscal year July 1,
20__ to June 30, 20__ are appropriated as indicated to the following activities
in the __________________ function.
=== ================================ ============ ========= ========== =========== ======= ======= ======== ===
NUMBER OF TOTAL SOURCE
POSITIONS CURRENT ALL OF
FUNCTIONS, PROGRAMS & ACTIVITIES (F.T.E.) SALARIES EXPENSES EQUIPMENT FUNDS FUNDS
=== ================================ ============ ========= ========== =========== ======= ======= ======== ===
FUNCTION
PROGRAM
Department
________________
Activity XX $ $ $ $ $ XX
TOTAL FUNCTION XX $ $ $ $ $
- - - - - -
FUNCTION
SOURCE OF FUNDS
XX XXXX $
TOTAL FUNCTION $
SECTION 11. The sums appropriated above are totalled as follows:
FUND GROSS APPROPRIATIONS EXECUTIVE DEBT
CODE BY SOURCE OF FUNDS AGENCIES SERVICE MISCELLANEOUS TOTAL
XX XXXX $ $ $ $
_________ ________ ______________ ______
TOTAL $ $ $ $
- - - -
LESS
INTERFUND NET
FUNCTION TOTAL TRANSFER TOTAL
XXXX $ $ $
__________ __________ ______________
$ $ $
TOTAL - -
(Added by Ord. 01-52)
Sec. 2-18.3 Executive capital budget bill--Form.
The proposed executive capital budget bill shall be substantially in the form found
in Exhibit B, attached to the ordinance codified in this article, and made
a part hereof, and it shall include, but not be limited to, the
following:
(a) A summary of the estimated revenues, by source, with which the capital improvement
projects are to be financed. If the source of funding is a broad
category of funds composed of specific component funds, such as other federal funds
or other state funds, a listing of all anticipated grants or programs, along
with the estimated revenue for each, which comprise these sources of funding shall
also be included.
(b) Definitions of key words, phrases and symbols including, but not limited to, letter
symbols designating the source of funding for the appropriations.
(c) For each capital improvement project requested, the title of the project, the amount
of the requested appropriation by source of funding, the amount of the requested
appropriation by work phase, and the total of all moneys which comprise the
requested appropriation for the project. The display of the appropriation for each project
by work phase is for information purposes only and shall not be construed
as restricting the allocation of moneys among the work phase appropriations.
(d) For each function, the total amount of requested appropriations by source of funding,
the total amount of the requested appropriations by work phase, and the total
of all moneys which comprise the requested appropriation for the function. The display
of the appropriation for each function by work phase is for information purposes
only and shall not be construed as restricting the allocation of moneys among
the work phase appropriations.
(e) The total of all moneys requested for appropriation by function.
(f) The executive capital budget bill may include provisos or conditions applicable to one
or more than one project and which relate to the receipt or expenditure
of funds appropriated in the ordinance.
(Added by Ord. 88-107; Am. Ord. 91-02, 01-52)
EXHIBIT B
ORDINANCE ___________
BILL __________________
A BILL FOR AN ORDINANCE
RELATING TO THE EXECUTIVE CAPITAL BUDGET AND PROGRAM FOR THE FISCAL YEAR JULY
1, 20__ TO JUNE 30, 20__.
BE IT ORDAINED by the People of the City and County of Honolulu:
SECTION 1. The revenues from the following sources estimated for the fiscal year
July 1, 20__ to June 30, 20__ are hereby provided and appropriated for
the purposes set forth in Sections 2 through __:
FUND
CODE SOURCE OF FUNDS AMOUNT TOTAL
XX XXXX $ $
TOTAL ALL FUNDS $
-
SECTION 2. The monies described in Section 1 for the fiscal year July
1, 20__ to June 30, 20__ are appropriated as indicated to the following
projects and public improvements in the _________________ function. Nothing in this section shall
be construed as restricting the allocation of monies among the work phase appropriations
(e.g., planning, design, and construction).
======= === ============================================ =========== === =========== ==== ============
SOURCE TOTAL
PROJECT WORK OF ALL
NUMBER FUNCTIONS, PROGRAMS & PROJECTS PHASE FUNDS FUNDS
======= === ============================================ =========== === =========== ==== ============
FUNCTION
Program
DEPARTMENT
XX Project $ XX $ XX $
TOTAL FUNCTION $ -
FUNCTION
SOURCE OF FUNDS
XX XXXX $
TOTAL SOURCE OF FUNDS $_____________
WORK PHASE
XX XXXX $
TOTAL WORK PHASES $______________
SECTION 9. The sums appropriated above are totalled as follows:
FUNCTION
XXXX $
_______________
TOTAL $ -
(Added by Ord. 01-52)
Sec. 2-18.4 Transfer and allocation of funds.
The execution of the budget appropriations and the transfer of funds therein shall
be governed by Article 17 of this chapter, as amended. Nothing herein shall
be construed as to restrict the allocation of an appropriation among the work
phase appropriations. (Added by Ord. 88-107; Am. Ord. 96-23)
Sec. 2-18.5 Executive program and budget.
Nothing in this article shall be construed to mandate that the format of
volumes I and II of the documents entitled executive program and budget previously
submitted to council pursuant to Section 9-102 of the Revised Charter of the
City and County of Honolulu, as amended, be altered or that any information
provided therein be deleted. The executive program and budget shall, at the outset,
define and identify those sections of the document which constitute the executive program
and which constitute the executive budget. (Added by Ord. 88-107)
Sec. 2-18.6 Line-item budget details.
(a) Within five calendar days after the mayor submits the budget documents specified in
Section 9-102.1, Revised Charter
of the City and County of Honolulu, to the council, the mayor also
shall submit related line-item budget details for each budgeted activity in the executive
operating budget bill, according to salary, current expense, and equipment expenditure categories.
(1) The line-item budget for salary cost items shall include, but not be
limited to, the class description of budgeted
positions.
(2) The line-item budget for current expenses shall include, but not be limited to,
the object description of each item. For line items exceeding $50,000, additional information
shall be provided, including descriptions of the budgeted items and/or services.
(3) The line-item budget for equipment shall include, but not be limited to, a
listing of the type of equipment. For line items exceeding $50,000, additional information
shall be provided, including description and purpose of the budgeted equipment.
(4) The amounts displayed in the details shall total to the activity appropriations of
the budget.
(b) Within five calendar days after the mayor submits the budget documents specified in
Section 9-102.1, Revised Charter
of the City and County of Honolulu, to the council, the mayor also
shall submit related line-item budget details for each miscellaneous project in the executive
capital budget bill exceeding $50,000, such as ADA improvements, public building facilities improvements,
rehabilitation of streets, landscape improvements, playfield lighting improvements, reconstruction of wastewater systems for
various parks, renovation of recreational facilities, etc. As used in this subsection, “miscellaneous
project” means a single capital project that provides a lump-sum appropriation for a
number of similar projects.
(Added by Ord. 95-58; Am. Ord. 08-7)
Sec. 2-18.7 Report on position vacancies.
Within five days after the mayor submits to the council the budget documents
specified in Revised Charter Section 9-102.1, the mayor shall also submit to the
council a report on position vacancies in the city executive branch. The report
shall include, but not be limited to, an updated listing (as of January
31st of the year of submittal or later) of all vacant positions, by
activity, within each city department and agency and by position number and position
title. For each vacant position, the report shall indicate the amount budgeted for
the position in the upcoming fiscal year, including the source of funds; whether
the position has ever been filled; if the position has at some time
been filled, the date on which the position became vacant; whether the position
is temporary or permanent; and whether and when the position is proposed to
be filled or abolished. (Added by Ord. 96-32)
Sec. 2-18.8 Park land acquisition--Report.
(a) No funds for the acquisition of five acres or more of land for
a park or expansion of a park shall be included, by either the
council or the mayor, in the executive capital budget or any amendment thereto,
unless the director of parks and recreation, after consultation with the department of
design and construction, enterprise services, or other applicable department(s), has transmitted to the
city council a report which sets forth the anticipated cost of operating and
maintaining the proposed park and states the major assumptions underlying the report, including
assumptions relating to anticipated uses of the park, particularly the anticipated uses of
the land to be acquired. In lieu of the report, the information on
the anticipated cost of operating and maintaining the proposed park, including the assumptions
relating to anticipated park uses, may be provided by the department of planning
and permitting at the time a proposal to amend a development plan public
facilities map or public infrastructure map to add a park symbol is submitted
to the council. For the purposes of this section, a "park" includes the
areas and facilities listed in the definition of a "public park" in Section
10-1.1, including a city golf course, regardless of the city department or agency
that will control, maintain and manage the areas and facilities.
(b) Notwithstanding the requirement established in subsection (a), in the event there is an
urgent need to acquire park land or there is a time- sensitive opportunity
to acquire park land at a cost significantly below the market value of
the land, at any time the council, by resolution, may waive the requirement
for the report if the council makes a finding that the waiver of
the requirement is necessary.
(Added by Ord. 01-44)
(Article 19. Awarding of Consultant Contracts. Repealed by Ord. 98-64)
Article 19. Reserved
Article 20. Acquisition of Property by Eminent Domain
Sections:
2-20.1 Notice.
Sec. 2-20.1 Notice.
Whenever the city proposes to acquire real property by means of the right
and power of eminent domain, the city shall mail a notice to every
owner and lessee of record of the property whenever the city council is
being requested to authorize condemnation of the property. Said notice shall be mailed
to the owners' and lessees' last known addresses no later than the date
a request is transmitted to the council for authorization, pursuant to HRS Section
101-13, to institute condemnation proceedings against the owners and claimants of the property
sought to be condemned. (Added by Ord. 90-38)
Article 21. Municipal Reference and Records Center *
[* Editor's Note: Article 21, "Municipal Reference and Records Center," was not included in
the Revised Ordinances of Honolulu 1978 based on what had been perceived as
a redundancy between the Revised Charter of Honolulu 1969 and the Revised Ordinances.
These provisions were never actually repealed; they were in fact further amended in
1976 by Ordinance No. 4586. Consequently, Article 21, as amended by Ordinance No.
4586, is returned to the Revised Ordinances of Honolulu as Article 21, Chapter
2.]
Sections:
2-21.1 Established.
2-21.2 Duties and functions.
2-21.3 Deposit of publications.
2-21.4 Fines for overdue materials.
Sec. 2-21.1 Established.
There shall be a municipal reference and records center headed by a director
of municipal reference and records who shall be appointed and may be removed
by the mayor. The municipal reference and records center shall be in the
office of the mayor. (Sec. 3-5.1, R.O. 1969; Am. Ord. 4586)
Sec. 2-21.2 Duties and functions.
It shall be the duty of the director of municipal reference and records
to obtain a collection of data on municipal affairs, to catalogue such collections,
and to make available to any officer or employee of the city government
information on any subject desired. (Sec. 3-5.2, R.O. 1969; Am. Ord. 4586)
Sec. 2-21.3 Deposit of publications.
The municipal reference library, a division of the municipal reference and records center,
is designated as a depository library for publications issued by or for city
agencies. Each city agency shall immediately upon release of a publication, deposit with
the municipal reference library three copies of any consultant study, document, compilation, journal,
report, rules and regulations but excluding publications determined by the issuing agency to
be of a confidential nature. (Sec. 3-5.3, R.O. 1969; Am. Ord. 4586)
Sec. 2-21.4 Fines for overdue materials.
The director shall charge a fine for overdue books, magazines, and other materials
borrowed from the municipal reference and records center. The fine shall be comparable
to those fines for overdue materials charged by the Hawaii state library system.
(Added by Ord. 95-43)
Article 22. Annual Review of Fees and Charges
Sections:
2-22.1 Review of fees and charges.
2-22.2 Changes in fees reflected in revenue projections.
Sec. 2-22.1 Review of fees and charges.
(a) The chief budget officer shall annually review all city fees and charges and
recommend to the council whether to increase, decrease, or maintain the current amount
of each fee and charge. Each recommendation shall be accompanied by a statement
of the reason or reasons why the particular fee or charge should be
increased, decreased or maintained at the current level and the projected amount by
which city revenues would increase or decrease as a result of the increase
or decrease in each fee or charge.
(b) The chief budget officer's written recommendations, along with the appropriate legislation, if any,
shall be submitted to the council each year at the same time that
the city administration submits the annual executive operating and capital budgets.
(Added by Ord. 93-01)
Sec. 2-22.2 Changes in fees reflected in revenue projections.
All changes in the city's fees and charges recommended by the chief budget
officer shall be reflected in the executive operating budget's projection of revenues for
the upcoming fiscal year. (Added by Ord. 93-01)
Article 23. Department of Wastewater Management
Sections:
2-23.1 Powers, duties and functions.
Sec. 2-23.1 Powers, duties and functions.
The director of the wastewater management department shall:
(a) Administer the planning, design and construction of wastewater facilities.
(b) Oversee the operation and maintenance of sewer lines, treatment plants and pumping stations.
(c) Monitor the collection, treatment and disposal of wastewater.
(d) Provide chemical treatment and pumping of defective cesspools.
(e) Promulgate rules and regulations as necessary to administer and enforce requirements established by
law.
(f) Perform such other duties as may be required by law.
(Added by Ord. 93-31)