The question of whether a storage shed with restroom and laundry facilities should be billed for sewer service is apparently more complicated than first envisioned, at least for the Environmental Management Commission.
Short four of its nine members, the commission Friday spent hours on an appeal of 23 years worth of sewer bills before deadlocking on a vote and forcing the issue to be sent to a future meeting where more commissioners can attend.
Richard Henderson and Richard Henderson II, managers of Kai Ala Partners LLC of Hilo, are asking the commission to refund $7,888 in sewer fees the partnership has paid over the past 23 years and to have the Environmental Management Department quit assessing the charge in the future.
The Hendersons, who have owned the property since it was acquired by Walter Irving Henderson and Jean Henderson in the late 1940s, contend a building on one of the parcels does not fit the definition of an unoccupied dwelling because the structure is a storage room, not a dwelling.
But the county contends the 264-square-foot outbuilding meets the definition of an unoccupied structure because it has a sink, toilet, shower and washing machine. Environmental Management Director Ramzi Mansour has offered to charge just one sewer hookup if the owners remove the plumbing appliances in the outbuilding connected to the county sewer system. The building is joined by a Y connector to the main sewer lateral belonging to the house.
The Hendersons charge the director with unjust enrichment. The plaintiffs, to make their case, must show that the director violated the law in charging a sewer fee on the building, that the action was clearly erroneous or that they abused their discretion.
Commission Chairwoman Georgjean Adams agreed with the department that there were two units on the property and thus each should get their own bill.
“You’ve got a toilet in there and it can be used and whether it’s used or not … I would affirm the director’s decision.”
“I don’t see anything presented that shows anything, that clearly shows there shouldn’t be that designation,” said Commissioner John Burns. “It’s not clear to me that there was a blatant mistake.”
Two commissioners seemed inclined to take the Hendersons’ viewpoint, while three did not.
“The county laws are really, really poorly written. … The county has also shown they’ve been picking and choosing the parts to support their case without using what is logical,” said Commissioner Rick Gaffney. “In my mind this is clearly just a single family residence.”
Commissioner Dee Fulton agreed.
“It’s pretty clear an error was made in assessing a fee on an unoccupied unit,” Fulton said.”Very clearly it looks like an error and it looks unjust.”
(Clarification: The word “and” has been changed to “or” in this sentence to indicate only one of those facotrs need to be found true, not all of them: The plaintiffs, to make their case, must show that the director violated the law in charging a sewer fee on the building, that the action was clearly erroneous or that they abused their discretion.).