reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 3 - ASSESSMENT AREA PROCEDURE › Section 15-19-29 - Compliance with community development district plan

Current through June, 2024
Notwithstanding any provision of this chapter to the
					 contrary, improvements shall not be constructed under authority of this chapter
					 unless the improvements conform to the community development district plan
					 adopted for the assessment area.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 3 - ASSESSMENT AREA PROCEDURE › Section 15-19-30 - Contract, bids, bonds

Current through June, 2024
(a) All
				  improvements made under the provisions of this chapter shall be constructed
				  under contract let to the lowest possible and responsible bidder, after public
				  advertisement by the authority in a newspaper of general circulation published
				  in the county in which the improvements are proposed. The authority may either
				  let the work as an entire contract, or in its discretion, make one or more
				  contracts separately for each assessment area or the various types of work to
				  be performed, or the various public facility systems to be improved under one
				  proceeding. All bids shall be accompanied by a deposit of legal tender or by a
				  certificate of deposit or certified check on a bank doing business within the
				  State or a sufficient surety bond payable to and in favor of the authority
				  under the terms and conditions as are determined by the authority. The
				  authority may, in its discretion, impose any other reasonable terms,
				  conditions, and requirements relating to the letting of the contract. No
				  contract shall be made without a bond to the authority, for the faithful
				  performance of the contract, under the terms and conditions as are determined
				  by the authority.
(b) The
				  provisions of chapter 103, HRS, shall be applicable to all contracts entered
				  pursuant to this chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 3 - ASSESSMENT AREA PROCEDURE › Section 15-19-31 - Inspection and use of improvements by the county

Current through June, 2024
The authority may request the county in which the
					 improvements are situated to maintain an inspector over the work to see that
					 the plans and specifications have been complied with. After the work has been
					 accepted by the county, the public facilities shall be a part of the county
					 system, and shall at all times thereafter be used, operated, and maintained by
					 the county as part of its system.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 3 - ASSESSMENT AREA PROCEDURE › Section 15-19-32 - Water system, inspection and use of system by county board of water supply

Current through June, 2024
If an improvement or work includes the construction or
					 improvement of a water system, the authority may request the county board of
					 water supply to maintain an inspector over the work to see that the plans and
					 specifications which it has furnished have been complied with. After the work
					 has been accepted, the water system, pipes, conduits, hydrants and other
					 appurtenances for supplying or distributing water so installed shall constitute
					 a part of the system of the county board of water supply and shall at all times
					 thereafter be used, operated and maintained by it as a part of its
					 system.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 3 - ASSESSMENT AREA PROCEDURE › Section 15-19-33 - Reassessment on refunding

Current through June, 2024
(a) In the event
				  the authority makes a preliminary determination that it would be advantageous
				  to the State, the authority, the property owners and the lessees within an
				  assessment area for which assessment area bonds have been issued to proceed
				  with a refunding of all or part of such assessment bonds, it shall direct the
				  executive director to investigate and report to the authority preliminary
				  information and data concerning such refunding, including the remaining costs
				  of improvements specifically assessed against the real property specifically
				  benefited and any additional costs related or incidental to effecting such
				  refunding, with the estimated total amount of assessment to be made against
				  each property after the refunding utilizing the same method of assessment
				  applied upon the original assessment.
(b) If such information and data reflect that
				  such refunding would result in a decrease of the total amount of the
				  installment payments then in effect within such assessment area for all
				  assessments being paid in installments, the authority shall publish a notice of
				  proposed refunding of assessment area bonds in a daily newspaper of general
				  circulation in the county in which such assessment area is situated, such
				  notice to include a description of the assessment area, the real property
				  assessed or to be assessed, and a general description of the proposed
				  refunding. In addition to the publication of such notice, a copy of such notice
				  shall be mailed by certified or registered mail with a request for a return
				  receipt to the several owners and lessees on record at the county department of
				  finance.
(c) If the owners or
				  lessees of at least 25 per cent of the real property within the assessment area
				  to be assessed shall file a petition with the authority within 30 days of the
				  date of mailing the notice referred to in subsection (b) above, requesting a
				  public hearing on such refunding, or if such refunding would have the effect of
				  causing an increase in the amount of the assessment then in effect for any
				  property within the assessment area for which such refunding is proposed in any
				  subsequent fiscal year, the authority shall hold a public hearing on the
				  advisability of effecting such refunding. Notice of public hearing shall be
				  given in the same manner as required by Sec. 15-19-22, except the contents of
				  such notice shall relate to the proposed refunding rather than
				  improvements.
(d) After any public
				  hearing held pursuant to subsection (c) above, or if no petition is filed
				  within the time permitted under subsection (c) above, the authority shall
				  determine whether to proceed with the refunding.
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 15-19-51 - Assessments fixed by rule

Current through June, 2024
(a) After the final
				  assessment hearing, the authority shall forthwith proceed to make the
				  modifications or changes to the data contained in the final assessment area
				  rules as are equitable or just and shall fix the portions of the cost to be
				  assessed against the benefited properties and against the owners thereof,
				  respectively. It shall be conclusive that the amounts of the several
				  assessments so listed, advertised and incorporated and not previously objected
				  to are just and equitable and not in excess of the special benefits accruing or
				  to accrue by reason of the improvement to the specific property
				  assessed.
(b) Upon a determination
				  to proceed with a refunding under section 15-19-33(d), the authority shall
				  forthwith proceed to make modifications or changes to the data contained in the
				  final assessment area rules promulgated upon the original assessment and to fix
				  the portions of the cost to be assessed upon such refunding against the
				  benefited properties and against the owners thereof, respectively. All
				  provisions of this chapter with respect to assessments for improvements shall
				  apply to any assessments fixed upon a refunding, including particularly the
				  provisions of this subchapter with respect to notice, collection, payment, and
				  lien position of assessments. It shall be conclusive that the amounts of the
				  several assessments so listed, advertised and incorporated and not previously
				  objected to are just and equitable and not in excess of the special benefits
				  accruing or to accrue by reason of the improvement to the specific property
				  assessed which were financed from the proceeds of the assessment area bonds
				  being refinanced from the proceeds of the refunding assessment area
				  bonds.
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 15-19-52 - Notice and collection of assessments

Current through June, 2024
The authority shall notify the several owners and lessees,
					 on record at the county department of finance, by either certified or
					 registered mail addressed to their address on record at the department, with a
					 request for a return receipt, of the several amounts assessed on the respective
					 properties and of the date when the assessments are payable. However, failure
					 of any owner or lessee to receive any notice shall not invalidate the
					 assessment or entitle the owner or lessee to an extension of time within which
					 to pay the assessment. The authority shall also collect the assessment and set
					 aside all moneys so collected in a special fund.
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 15-19-53 - Assessments, when payable

Current through June, 2024
(a) All assessments
				  so made shall be due and payable within thirty days after receipt of notice of
				  assessment, provided that any assessment may, at the election of the owner of
				  the land assessed, be paid in installments with interest, as hereinafter
				  provided. Failure to pay the whole of any assessment within the period of
				  thirty days shall be conclusively considered an election on the part of all
				  persons interested in the assessments, whether under disability or otherwise,
				  to pay in installments.
(b) All
				  persons so electing to pay in installments shall be conclusively considered and
				  held to have consented to the improvement and the election shall be
				  conclusively held and considered as a waiver of any and all right to question
				  all power or jurisdiction of the authority to make the improvement, the
				  regularity or the sufficiency of the proceedings, or the validity or
				  correctness of the assessment. However, the waiver shall not apply to any
				  person who has properly filed an action in court, challenging the power or
				  jurisdiction of the authority to make the improvement, within thirty days after
				  receipt of notice fixing the assessments.
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 15-19-55 - Payment of installments

Current through June, 2024
(a) In case of an
				  election to pay any assessment in installments, the assessment shall be payable
				  over a term not to exceed thirty years. Interest shall be paid on the unpaid
				  principal at a rate not exceeding fifteen per cent per annum. The number of
				  installments, period of payment, the rate of interest, and other repayment
				  terms shall be as determined by the authority. The authority's determination
				  shall consider the source and cost of funds being used for the financing of
				  assessments, the amount of government funds involved and any constraints
				  thereon, the need for the financing of assessments to be self-sustaining, the
				  prevailing market conditions, and other pertinent matters.
(b) The owner of any land assessed may at any
				  time after the expiration of the first thirty-day period pay the entire unpaid
				  principal of an assessment, or any portion of the unpaid principal, together
				  with interest on the amount so paid to date for the payment of the next
				  subsequent installment, and the owner shall no longer be liable for the
				  interest which would otherwise have accrued after the date on the amount of
				  principal so prepaid. Any prepayment of the unpaid principal of an assessment
				  shall be applied to reduce the unpaid principal of the assessment outstanding,
				  shall be credited against the outstanding principal installments in inverse
				  chronological order, and shall not relieve the owner of the land assessed from
				  the payment of the amount of the installment of principal and interest next
				  due.
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 15-19-56 - Payment in bonds

Current through June, 2024
The authority may accept in lieu of cash in payment of any
					 assessment, installment thereof, interest, penalty, cost, expense or any
					 portion thereof, bonds of the assessment area in which the land is situated,
					 whether the bonds are outstanding or hereafter issued, to a value of par, plus
					 accrued interest to the date of acceptance of the bonds by the authority. Upon
					 the receipt of the bonds, the authority shall cancel same and credit the
					 assessment area with the amount allowed on the bonds.
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 15-19-57 - Effect of failure to pay installment

Current through June, 2024
Failure to pay any installment or any part of an
					 installment, whether of principal or interest or both, when due, shall cause
					 the whole of the unpaid principal to become due and payable immediately, and
					 the delinquent installment or installments or any delinquent part or parts
					 thereof, whether of principal or interest or both, shall thereafter bear
					 penalty at the rate of one and one-half per cent per month or fraction of a
					 month from the date of delinquency until the day of sale as hereinafter
					 provided; but at any time prior to the day of sale the owner may pay the entire
					 amount of the delinquent installment or installments or deliquent part or
					 parts, whether of principal or interest or both, with penalty, and all costs
					 and expenses accrued, and shall thereupon be restored to the right thereafter
					 to pay in installments in the same manner as if default had not been
					 made.
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 15-19-58 - Owner of undivided interest

Current through June, 2024
The owner of any undivided interest in any land may pay
					 the whole assessment and may have a joint or several right of action against
					 the other owners of any interest in the land for their proportionate share of
					 the assessment.
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 15-19-59 - Sale in case of default

Current through June, 2024
In case of default in the payment of any installment of
					 principal and interest when due, the authority shall advertise and sell the
					 property concerning which default is made for the whole of the unpaid
					 assessment thereon, interest and costs. The sale and advertisement shall be
					 made by the authority in the same manner, under the same conditions and
					 penalties and with the same effect as provided by general law for sale of real
					 property for default in payment of property taxes.
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 15-19-60 - Purchase at sale

Current through June, 2024
At any sale for default in payment of any assessment as
					 aforesaid, the authority may accept, in lieu of cash, in payment for the land
					 so sold, bonds of the assessment area whether the bonds are then outstanding or
					 hereafter issued, to a value of par plus accrued interest to date of sale. Upon
					 the receipt of the bonds the authority shall cancel same and credit the
					 assessment area with the amount allowed on the bonds.
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 15-19-61 - Certificate by authority

Current through June, 2024
The authority shall on request give a certificate in
					 writing to any person making request for same, showing in the certificate the
					 balance due on any individual assessment for improvements for principal, with
					 the date of next installment payment, the number of the installment payment and
					 the amount to be due for the installment payment and particulars of interest
					 and penalty on the next installment date to be due and owing.
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 15-19-62 - Disposition of land bid in by authority at sale for default

Current through June, 2024
Whenever any land has been bid in by the authority at any
					 sale for default of the owner thereof, the authority in disposing thereof as
					 may by law be authorized, may sell the same upon the following terms and
					 conditions:
(1) A down payment of
				  twenty per cent of the sale price;
(2) The balance payable in monthly
				  installments of not less than one and one-third per cent of the total sale
				  price, plus interest at the prevailing rate established by the authority for
				  payment of the unpaid balance of the property owners' share of the cost of
				  assessments within an assessment area created and established under section
				  15-19-23;
(3) Failure for thirty
				  days to pay any installment due shall effect an entire forfeiture of the
				  purchaser's right, title and interest in the land and in any payments
				  previously made by him on account thereof;
(4) The building restrictions as the
				  authority may prescribe; and
(5)
				  The land when sold shall be subject to real property taxes.
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 15-19-63 - Surcharge fee

Current through June, 2024
(a) In the event the authority constructs
				  drainage or sewer improvements benefiting lots of a subsequent improvement
				  district project, the authority may establish a surcharge amount to be levied
				  against the benefiting lots of a subsequent improvement district project. The
				  surcharge amount shall be determined by the authority based on cost allocation
				  and assessment methods and construction bids for any previous improvement
				  district project from which the lots benefited.
(b) The authority shall advance payment of
				  the surcharge amount. The surcharge amount, together with any other assessable
				  costs, shall be assessed against the benefiting properties in accordance with
				  chapter
				  15-19.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 5 - FINANCING › Section 15-19-82 - Advances from available funds prior to the issuance of bonds

Current through June, 2024
In the event of an election to pay all or any part of any
					 special assessment in installments and a determination by the authority to
					 issue assessment area bonds pursuant to section
					 15-19-81 hereof, the amount
					 required for immediate use during the period prior to the issuance of
					 assessment area bonds to pay the contract price of the improvement or the
					 installments thereof from time to time as they fall due may be advanced out of
					 any available funds of the authority.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 5 - FINANCING › Section 15-19-84 - Payment of principal and interest

Current through June, 2024
The principal and interest of the bonds shall be payable
					 at such place or places as may be determined by resolution of the authority. In
					 all cases the bonds and coupons, if any, shall recite the places of payment. In
					 case any bonds are made payable elsewhere than in the county in which the
					 improvements are situated, the executive director shall remit the funds
					 necessary to pay the interest and principal when due, of the bonds, with
					 exchange, to the institution so designated, first assuring himself that the
					 institution is then solvent.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 5 - FINANCING › Section 15-19-85 - Sale and use of bonds

Current through June, 2024
(a) Assessment area
				  bonds, including refunding assessment area bonds, may be sold at public or
				  private sale, and for a price or prices as may be determined by resolution of
				  the authority to be in the best interest of the State.
(b) If the bonds are to be sold at public
				  sale, the executive director shall advertise for tenders, for the par value or
				  below par value thereof in accordance with the provisions hereof and the
				  resolution authorizing the issuance and sale of bonds. Publication of the
				  advertisement shall be made at least once in a newspaper of general circulation
				  published in the county in which the improvements are situated at least five
				  days prior to the date of sale. In the event only part of the issue so
				  advertised to bid for, then the executive director shall sell at private sale
				  the whole or any part of the remainder of the issue for the par value or below
				  par value thereof at an interest rate not exceeding the highest interest rate
				  received and established by bid.
(c) If no purchaser is found at the private
				  sale pursuant to subsection (b) above, then the authority may by resolution
				  authorize the executive director to sell at private sale the remainder of the
				  issue for the par value or below par value thereof at an interest rate not
				  exceeding the maximum interest rate established by the resolution authorizing
				  the issue. The proceeds from the sale thereof shall be applied to pay wholly or
				  in part the contract price of improvement and any other costs involved in the
				  undertaking of the improvement, including the cost of land acquisition. In the
				  event no purchaser is found at an advertised sale or at private sale, then the
				  unsold bonds so issued shall be used by the authority at par at the maximum
				  interest rate established by the resolution authorizing the issue to pay wholly
				  or in part the contract price of the improvement made as aforesaid.
(d) Prior to the sale of any assessment area
				  bonds, the authority shall determine that sufficient sources of funds are
				  available to complete the improvements in the assessment area for which the
				  bonds are to be issued.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 5 - FINANCING › Section 15-19-86 - Payment before maturity

Current through June, 2024
(a) On and after
				  the second interest due date of any bonds so issued and annually thereafter,
				  whenever sufficient funds are in the hands of the executive director, exceeding
				  the next interest payment on the unpaid balance of any bonds so issued, the
				  executive director shall call for payment, in accordance with the terms of such
				  bond sale. Interest on the bonds so called for payment shall cease on the date
				  of call, provided that all notice requirements have been satisfied. The monies
				  provided for the payment of the bonds with the interest unpaid to the date of
				  their call for payment shall be transferred from the assessment area assessment
				  fund into the assessment area bond and interest redemption fund to which only
				  the owners of the bonds shall thereafter look for payment.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 5 - FINANCING › Section 15-19-87 - Payment at maturity

Current through June, 2024
All bonds not previously paid shall be paid at maturity
					 together with interest thereon as the same become due at the places and in the
					 manner prescribed by this chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 5 - FINANCING › Section 15-19-88 - Bonds not chargeable against general revenues

Current through June, 2024
Bonds issued under the provisions of this chapter shall
					 not constitute a general or other obligation of the State, or a charge against
					 the general fund of the State.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 5 - FINANCING › Section 15-19-89 - County financing

Current through June, 2024
The counties may issue assessments area bonds to implement
					 the purposes of this chapter. Said bonds may be issued pursuant to county legal
					 requirements provided that the authority has consented to said requirements
					 prior to issuance.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 6 - LIMITATION ON TIME TO SUE › Section 15-19-111 - Limitation on time to sue

Current through June, 2024
No action or proceeding to review any acts or proceedings
					 or to question the validity or enjoin the performance of any act or the issue
					 or payment of any bonds, or the levy or collection of any assessments
					 authorized by this chapter, or for any other relief against any acts or
					 proceedings, done or had under this chapter, whether based upon irregularities
					 or jurisdictional defects or otherwise, shall be maintained unless begun within
					 thirty days after performance of the act or the passage of the resolution,
					 ordinance, or rule complained of.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 7 - SEVERABILITY › Section 15-19-116 - Severability

Current through June, 2024
If any provision of this chapter or the application
					 thereof to any person or circumstances is held invalid, the invalidity shall
					 not affect other provisions or applications of the chapter which can be given
					 effect without the invalid provision or application, and to this end the
					 provisions of this chapter are declared to be severable.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-20-1 - Purpose

Current through June, 2024
The authority finds that the construction and installation
					 of certain public facilities are necessary and desirable to facilitate the
					 renewal and redevelopment of community development districts. The purpose of
					 these rules is to establish improvement districts for the implementation of
					 those public facilities identified in the authority's district-wide improvement
					 program and to set forth the assessment to be charged the real property in the
					 district specially benefiting from the public facilities.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-20-2 - Definitions

Current through June, 2024
As used in these rules, the following words and terms
					 shall have the following meanings unless the context shall indicate another or
					 different meaning or intent:
"Assessment area" means the areas of the properties deemed
					 to specially benefit from a particular improvement with the improvement
					 district;
"Assessment area district" means the properties deemed to
					 specially benefit from a particular improvement within the improvement
					 district;
"General benefits" mean those benefits flowing to the
					 general public as a result of any improvement;
"Improvement district" means the area in which the
					 improvements are to be constructed;
"Special benefits" mean those benefits resulting from the
					 improvements, above and beyond the general benefits, which increase the market
					 value of the property.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 2 - IMPROVEMENT DISTRICT 1 › Section 15-20-21 - Improvement district 1

Current through June, 2024
The boundary of the assessment district, the assessment
					 methods, the improvements to be constructed, the cost, the portion of the cost
					 to be borne by the authority, the utility companies and the property owners,
					 together with the lands to be condemned and the rate of assessments, are set
					 forth in the assessment report of plans and details for the permanent
					 improvement of the streets and utilities for improvement district 1 of the
					 Kakaako community development district dated October 1985 and incorporated by
					 reference and made a part of this section.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 2 - IMPROVEMENT DISTRICT 1 › Section 15-20-22 - Definitions

Current through June, 2024
As used in this subchapter, the following words and terms
					 shall have the following meanings unless the context shall indicate another or
					 different meaning or intent:
"Eleemosynary organization" means a society, association,
					 or corporation engaged in religious, charitable, educational, scientific,
					 literary, or other benevolent purposes, whose charter or other enabling act
					 contains a provision that, in the event of dissolution, the land owned by such
					 society, association, or corporation shall be distributed to another society,
					 association, or corporation engaged in religious, charitable, educational,
					 scientific, literary, or other benelovent purposes.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 2 - IMPROVEMENT DISTRICT 1 › Section 15-20-23 - Public land or land exempt from taxation

Current through June, 2024
(a) Whenever any
				  public land, except lands owned by the board of water supply, or any land by
				  law exempted from improvement assessments, or any land exempted by law from
				  payment of property taxes which land is owned by an eleemosynary organization,
				  is situated within any assessment area and would, if privately owned or not
				  exempt from such assessment, be subject to assessment, the authority shall,
				  nevertheless, without assessing such public or exempted land for any part of
				  the cost of such improvements, pay toward such improvements the portion of the
				  cost thereof which would otherwise be assessable against the same in a lump sum
				  or in such equal installments and with such interest thereon as the authority
				  shall determine. In the event, however, any part of such exempt lands as
				  described in this section, except public lands, may be required for
				  right-of-way or easement purposes within such assessment areas the value
				  thereof shall be chargeable to the assessment area, and upon acquisition the
				  owner shall be compensated therefor in the following manner:
(1) Where the value of the part taken
				  together with any severance damages exceeds the portion of the cost of the
				  improvements which would otherwise be assessable against the exempt land, the
				  authority shall pay the difference to the owner;
(2) Where the value is less than the portion
				  of the cost of improvements which would otherwise be assessable against such
				  exempt lands, the value of the land shall be deducted therefrom and the
				  authority shall pay the balance of the assessment as provided herein.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 3 - IMPROVEMENT DISTRICT 2 › Section 15-20-24 - Improvement district 2

Current through June, 2024
The boundary of the assessment district, the assessment
					 methods, the improvement to be constructed, the cost, the portion of the cost
					 to be borne by the authority, the utility companies and the property owners,
					 together with the lands to be condemned and the rate of assessments, are set
					 forth in assessment report of plans and details for the permanent improvement
					 of the streets and utilities for improvement district 2 of the Kakaako
					 community development district dated June 15, 1988 and incorporated by
					 reference and made a part of this section.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 3 - IMPROVEMENT DISTRICT 2 › Section 15-20-25 - Definitions

Current through June, 2024
As used in this subchapter, the following words and terms
					 shall have the following meanings unless the context shall indicate another or
					 different meaning or intent:
"Eleemosynary organization" means a society, association,
					 or corporation engaged in religious, charitable, educational, scientific,
					 literary, or other benevolent purposes, whose charter or other enabling act
					 contains a provision that, in the event of dissolution, the land owned by such
					 society, association, or corporation shall be distributed to another society,
					 association, or corporation engaged in religious, charitable, educational,
					 scientific, literary, or other benelovent purposes.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 3 - IMPROVEMENT DISTRICT 2 › Section 15-20-26 - Public land or land exempt from taxation

Current through June, 2024
(a) Whenever any
				  public land, except lands owned by the board of water supply, or any land by
				  law exempted from improvement assessments, or any land exempted by law from
				  payment of property taxes which land is owned by an eleemosynary organization,
				  is situated within any assessment area and would, if privately owned or not
				  exempt from such assessment, be subject to assessment, the authority shall,
				  nevertheless, without assessing such public or exempted land for any part of
				  the cost of such improvements, pay toward such improvements the portion of the
				  cost thereof which would otherwise be assessable against the same in a lump sum
				  or in such equal installments and with such interest thereon as the authority
				  shall determine. In the event, however, any part of such exempt lands as
				  described in this section, except public lands, may be required for
				  right-of-way or easement purposes within such assessment areas the value
				  thereof shall be chargeable to the assessment area, and upon acquisition the
				  owner shall be compensated therefor in the following manner:
(1) Where the value of the part taken
				  together with any severance damages exceeds the portion of the cost of the
				  improvements which would otherwise be assessable against the exempt land, the
				  authority shall pay the difference to the owner;
(2) Where the value is less than the portion
				  of the cost of improvements which would otherwise be assessable against such
				  exempt lands, the value of the land shall be deducted therefrom and the
				  authority shall pay the balance of the assessment as provided herein.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 4 - IMPROVEMENT DISTRICT 3 › Section 15-20-27 - Improvement district 3

Current through June, 2024
The boundary of the assessment district, the assessment
					 methods, the improvement to be constructed, the cost, the portion of the cost
					 to be borne by the authority, the utility companies and the property owners,
					 together with the lands to be condemned and the rate of assessments, are set
					 forth in assessment report of plans and details for the permanent improvement
					 of the streets and utilities for improvement district 3 of the Kakaako
					 community development district. The Assessment Report dated April 1990 is made
					 a part of this subchapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 4 - IMPROVEMENT DISTRICT 3 › Section 15-20-28 - Definitions

Current through June, 2024
As used in this subchapter, the following words and terms
					 shall have the following meanings unless the context shall indicate another or
					 different meaning or intent:
"Eleemosynary organization" means a society, association,
					 or corporation engaged in religious, charitable, educational, scientific,
					 literary, or other benevolent purposes, whose charter or other enabling act
					 contains a provision that, in the event of dissolution, the land owned by such
					 society, association, or corporation shall be distributed to another society,
					 association, or corporation engaged in religious, charitable, educational,
					 scientific, literary, or other benevolent purposes.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 4 - IMPROVEMENT DISTRICT 3 › Section 15-20-29 - Public land or land exempt from taxation

Current through June, 2024
(a) Whenever any
				  public land, except lands owned by the board of water supply, or any land by
				  law exempted from improvement assessments, or any land exempted by law from
				  payment of property taxes which land is owned by an eleemosynary organization,
				  is situated within any assessment area and would, if privately owned or not
				  exempt from such assessment, be subject to assessment, the authority shall,
				  nevertheless, without assessing such public or exempted land for any part of
				  the cost of such improvements, pay toward such improvements the portion of the
				  cost thereof which would otherwise be assessable against the same in a lump sum
				  or in such equal installments and with such interest thereon as the authority
				  shall determine. In the event, however, any part of such exempt lands as
				  described in this section, except public lands, may be required for
				  right-of-way or easement purposes within such assessment areas the value
				  thereof shall be chargeable to the assessment area, and upon acquisition the
				  owner shall be compensated therefor in the following manner:
(1) Where the value of the part taken
				  together with any severance damages exceeds the portion of the cost of the
				  improvements which would otherwise be assessable against the exempt land, the
				  authority shall pay the difference to the owner;
(2) Where the value is less than the portion
				  of the cost of improvements which would otherwise be assessable against such
				  exempt lands, the value of the land shall be deducted therefrom and the
				  authority shall pay the balance of the assessment as provided herein.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 5 - IMPROVEMENT DISTRICT 4 › Section 15-20-30 - Improvement district 4

Current through June, 2024
The boundary of the assessment district, the assessment
					 methods, the improvement to be constructed, the cost, the portion of the cost
					 to be borne by the authority, the utility companies and the property owners,
					 together with the lands to be condemned and the rate of assessments, are set
					 forth in assessment report of plans and details for the permanent improvement
					 of the streets and utilities for improvement district 4 of the Kakaako
					 community development district. The Assessment Report dated February 1995 is
					 made a part of this subchapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 5 - IMPROVEMENT DISTRICT 4 › Section 15-20-31 - Definitions

Current through June, 2024
As used in this subchapter, the following words and terms
					 shall have the following meanings unless the context shall indicate another or
					 different meaning or intent:
"Eleemosynary organization" means a society, association,
					 or corporation engaged in religious, charitable, educational, scientific,
					 literary, or other benevolent purposes, whose charter or other enabling act
					 contains a provision that, in the event of dissolution, the land owned by such
					 society, association, or corporation shall be distributed to another society,
					 association, or corporation engaged in religious, charitable, educational,
					 scientific, literary, or other benevolent purposes.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 5 - IMPROVEMENT DISTRICT 4 › Section 15-20-32 - Public land or land exempt from taxation

Current through June, 2024
(a) Whenever any
				  public land, except lands owned by the board of water supply, or any land by
				  law exempted from improvement assessments, or any land exempted by law from
				  payment of property taxes which land is owned by an eleemosynary organization,
				  is situated within any assessment area and would, if privately owned or not
				  exempt from such assessment, be subject to assessment, the authority shall,
				  nevertheless, without assessing such public or exempted land for any part of
				  the cost of such improvements, pay toward such improvements the portion of the
				  cost thereof which would otherwise be assessable against the same in a lump sum
				  or in such equal installments and with such interest thereon as the authority
				  shall determine. In the event, however, any part of such exempt lands as
				  described in this section, except public lands, may be required for
				  right-of-way or easement purposes within such assessment areas the value
				  thereof shall be chargeable to the assessment area, and upon acquisition the
				  owner shall be compensated therefor in the following manner:
(1) Where the value of the part taken
				  together with any severance damages exceeds the portion of the cost of the
				  improvements which would otherwise be assessable against the exempt land, the
				  authority shall pay the difference to the owner;
(2) Where the value is less than the portion
				  of the cost of improvements which would otherwise be assessable against such
				  exempt lands, the value of the land shall be deducted therefrom and the
				  authority shall pay the balance of the assessment as provided herein.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 6 - IMPROVEMENT DISTRICT 5 › Section 15-20-33 - Improvement district 5

Current through June, 2024
The boundary of the assessment district, the assessment
					 methods, the improvement to be constructed, the cost, the portion of the cost
					 to be borne by the authority, the utility companies and the property owners,
					 together with the lands to be condemned and the rate of assessments, are set
					 forth in an assessment report of plans and details for the permanent
					 improvement of the streets and utilities for improvement district 5 of the
					 Kakaako community development district. The Assessment Report dated November
					 1996 is made a part of this subchapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 6 - IMPROVEMENT DISTRICT 5 › Section 15-20-34 - Definitions

Current through June, 2024
As used in this subchapter, the following words and terms
					 shall have the following meanings unless the context shall indicate another or
					 different meaning or intent:
"Eleemosynary organization" means a society, association,
					 or corporation engaged in religious, charitable, educational, scientific,
					 literary, or other benevolent purposes, whose charter or other enabling act
					 contains a provision that, in the event of dissolution, the land owned by such
					 society, association, or corporation shall be distributed to another society,
					 association, or corporation engaged in religious, charitable, educational,
					 scientific, literary, or other benevolent purposes.