Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-19-1 - Methods

Current through June, 2024
(a) Whenever in the opinion of the authority
				  it is desirable to establish, open, construct or acquire a public facility, as
				  defined by statute, or to extend, widen, alter, grade, pave, curb, macadamize
				  or otherwise improve, to an extent exceeding maintenance or repair thereof, the
				  whole or any part of any existing public highway including in connection
				  therewith the construction of a sidewalk, storm drainage system, facilities for
				  communication and electrical systems, sanitary sewerage system, water system or
				  street lighting system, these acquisitions, betterments or improvements may be
				  made and done under the provisions of this chapter, and the cost thereof,
				  including the cost (if not assumed by the authority or the county in which the
				  improvements are located, under their discretionary power) of acquiring,
				  whether prior to or after the commencement of the proceedings for these
				  betterments or improvements, any land therefor shall be assessed against the
				  real property specially benefited.
(b) Special benefits shall be calculated
				  using the frontage basis, or the area of the land, or real property tax
				  assessment on the value of the land and improvements thereon, or the floor area
				  ratio permissible for the real property, or any combination of the methods of
				  assessment, provided that wherever the frontage or area or real property tax
				  assessment on the value of land and improvements or floor area ratio basis are
				  mentioned in this chapter, the valuation method may be used, or in combination
				  of one or more of the methods of assessment. The authority may either (i) issue
				  and sell bonds in the amounts as may be authorized by the legislature to
				  provide the funds for these improvements, which bonds may be bonds secured by
				  these assessments as a lien upon the real property assessed, or (ii) advance
				  the funds for these improvements out of any available funds of the authority;
				  and for such purposes the authority may create, define and establish assessment
				  areas, all according to the provisions of this chapter.
(c) Nothing in this chapter shall prevent the
				  authority from compelling abutting property owners at their expense to
				  construct, maintain and repair sidewalks and curbs in front of the abutting
				  property under any other statute, ordinance, or rule.
(d) Furthermore, nothing in this chapter
				  shall prevent the authority or the county or the county board of water supply
				  from constructing, improving, maintaining and repairing any public facility or
				  utility system as empowered by any other statute, ordinance, or rule.
(e) Any provision to the contrary
				  notwithstanding, the authority may, in its discretion, enter into agreements
				  with the county in which the public facilities are located to implement all or
				  any part of the purposes of this chapter.