Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 4 - ASSESSMENTS › Section 15-19-54 - Lien; new assessment

Current through June, 2024
(a) All assessments
				  made pursuant to this chapter shall be a lien until paid against each lot or
				  parcel of land assessed from the date of receipt of notice declaring the
				  assessment and shall have priority over all other liens except the lien of
				  property taxes.
(b) In the event
				  that a lot previously assessed is subsequently subdivided or subsequently
				  consolidated with any other lot, whether or not the latter is within the
				  assessment area, the authority, upon petition by the owners of the lots as may
				  be subdivided or consolidated, or upon petition by the lessees of the lots as
				  may be subdivided or consolidated who by the express terms of their leases are
				  obligated to pay the kind of assessments covered by this chapter, may prorate
				  the original assessment among the lots resultant from the subdivision, or
				  consolidate the assessments upon the component lots and assess the consolidated
				  lot therefor, by an appropriate amendment to the assessment roll; provided that
				  prior to the introduction of the amendment to the assessment roll, the
				  subdivider or consolidators shall deposit with the authority legal tender or a
				  certified check in a sufficient amount to be used to cover the cost of making
				  the allocation and to cover the assessment allocable to areas used or to be
				  used for purposes that are public in nature, such as, but not limited to,
				  roadways, parks, school sites, sewage treatment plant sites and reservoir
				  sites, developed in connection with the subdivision or consolidation. The cost
				  of making the reallocation of assessments, when determined by the authority,
				  shall be paid into the revolving fund of the authority.
(c) The amount of assessment, allocable to
				  areas used or to be used for purposes that are public in nature and developed
				  in connection with the subdivision or consolidation, as approved by the
				  authority, shall be credited to the appropriate fund. The amended assessments
				  shall be a lien upon the subdivided or consolidated lots as of the date of the
				  amended roll. The amendments shall be paid in installments equal in number to
				  that remaining under the original assessment and at the same rates of
				  assessments and interest.
(d) No
				  delay, mistake, error, defect, or irregularity in any act or proceeding
				  authorized by this chapter shall prejudice or invalidate any assessment; but
				  the same may be remedied by subsequent or amended acts or proceedings and, when
				  so remedied, the same shall take effect as of the date of the original act or
				  proceedings. If in any court of competent jurisdiction any assessment made
				  under this chapter is set aside for irregularity in the proceedings, the
				  authority may, upon notice as required in making an original assessment, make a
				  new assessment in accordance with the provisions of this chapter.
(e) Upon completion of the improvement or
				  improvements and the payment of the cost thereof, the authority shall certify
				  the actual cost of the improvement or improvements together with the amount of
				  the assessments therefor.