The purpose of this Chapter is to list the various County departments, boards, commissions, committees and agencies created by either County charter, State statute or by County ordinance and resolution. However, only where a department, board, commission, committee or agency has been created or regulated specifically by ordinance will the provisions governing the organization and administration of that body be discussed in full in this Chapter. For all others, reference must be made to the appropriate County charter provision, State statute or County resolution. Temporary and advisory boards and commissions have been omitted from this Chapter.
There shall be an Office of the County Attorney as provided by law.
(Art. VIII, Charter; Sec. 2-1.1, R.C.O. 1976)
There shall be a Civil Defense Agency as provided by law.
(Art. XVIII, Charter; Sec. 2-1.2, R.C.O. 1976)
There shall be a Department of Personnel Services as provided by law.
(Art. XV, Charter; Sec. 2-1.3, R.C.O. 1976)
There shall be a Department of the County Clerk as provided by law.
(Art. V, Charter; Sec. 2-1.4, R.C.O. 1976)
There shall be an Office of Economic Development as provided by law.
(C. 20, H.R.S.; Sec. 2-1.5, R.C.O. 1976)
(a)
Declaration of Purpose. This Section shall provide a more permanent status to the present organization titled "Kaua'i County Committee on Aging" established by Resolution No. 38 (1964) of the then Board of Supervisors and to separate the advisory committee and the administrative agency involved in the program for the elderly. The declaration of purpose set forth in Chapter 349, Hawai'i Revised Statutes, shall be adopted by the County as its purpose in establishing the County's program for the elderly.
(b)
Organization and Administration. There shall be an administrative agency titled "Agency on Elderly Affairs" under the Mayor's office to perform the administrative duties related to all programs relating to the elderly. The office shall be headed by an executive on aging appointed by the Mayor, with the advice and consent of the Advisory Council. The executive on aging may establish staff positions as may be funded by the County Council and as may be within the funds available for staffing from Federal, State, or County funds. To the extent that funding is non-County, positions based on that funding may be created without Council action.
(c)
Annual Budget. The executive on aging shall prepare an annual budget for the Agency on Elderly Affairs commencing with the annual budget for fiscal year 2008-2009. The annual budget shall include an accounting of all funds to be received from all sources, including County, State and Federal funds, and for all expenditures to be made from such funds. This annual budget shall be furnished to the Director of Community Assistance, who shall in turn furnish this budget to the Director of Finance and the Mayor, who shall submit it as part of the annual budget ordinance of the County to the Council, as provided in the Kaua'i County Charter. No funds shall be expended from any accounts unless authorized by the County pursuant to the budgetary process. The use of all Federal funds proposed in the Agency on Elderly Affairs' budget shall be subject to all applicable Federal regulations, laws and restrictions.
(d)
All agreements, contracts, documents and other written instruments relating to the operations of the Agency on Elderly Affairs shall be prepared by the Executive on Aging and approved by the Mayor or Director of Finance, as provided in the Kaua'i County Charter or Kaua'i County Code, 1987, Council approval shall also be obtained.
(e)
Advisory Council. An advisory council titled "Elderly Affairs Advisory Council" shall be established to advise the Executive on Aging on matters relating to the programs, interests and needs of the elderly. The advisory council shall consist of not less than 15 members who shall be appointed by the Mayor. The composition of the advisory council and its regulations shall be as set forth in Chapter 349, Hawai'i Revised Statutes.
(Ord. No. 215, June 6, 1974; Sec. 2-1.6, R.C.O. 1976; Ord. No. 740, July 6, 1999; Ord. No. 802, May 28, 2003; Ord. No. 850, May 24, 2007)
There shall be a Department of Finance as provided by law.
(Art. X, Charter; Sec. 2-1.7, R.C.O. 1976)
There shall be a Fire Department as provided by law.
(Art. XII, Charter; Sec. 2-1.8, R.C.O. 1976)
There shall be a Liquor Control Commission as provided by law.
(Art. XVI, Charter; Sec. 2-1.9, R.C.O. 1976)
There shall be a Planning Department as provided by law.
(Art. XIV, Charter; Sec. 2-1.10, R.C.O. 1976)
There shall be a Police Department as provided by law.
(Art. XI, Charter; Sec. 2-1.11, R.C.O. 1976)
There may be an Office of the Public Defender as provided by law.
(Art. IX, Charter; Sec. 2-1.12, R.C.O. 1976)
There shall be an Office of the Prosecuting Attorney as provided by law. The Prosecuting Attorney may appoint investigators who shall have all the powers and privileges of a police officer of the County. All investigators must have the minimum qualifications for the class as established by the Department of Personnel Services.
(Art. IXA, Charter; Sec. 2-1.13, R.C.O. 1976; Ord. No. 593, October 22, 1991)
There shall be a Department of Public Works as provided by law.
(Art. XIII, Charter; Sec. 2-1.14, R.C.O. 1976)
There shall be a Department of Water as provided by law.
(Art. XVII, Charter; Sec. 2-1.15, R.C.O. 1976)
(a)
Purpose. A Kaua'i County Housing Agency is hereby established for the purpose of:
(1)
Providing housing opportunities for eligible persons and families, including, but not limited to, lower and moderate income persons and families, elderly persons, and handicapped persons;
(2)
Providing housing opportunities for eligible persons and families by assisting them to obtain affordable housing;
(3)
Acting as the local Public Housing Agency for the County of Kaua'i for the purposes of participating in and implementing federally-aided housing, urban renewal, and community development programs, including, but not limited to, the Federal Housing Assistance Payments Programs;
(4)
Acting as the local agency for the County of Kaua'i for the purposes of participating in and implementing the Community Development Block Grant Program; and
(5)
Acting as the agency responsible for coordinating the exercise of powers delegated to the counties pursuant to Sections 46-15, 15.1 and 15.2, and Chapter 53 of the Hawai'i Revised Statutes, as amended, and for administering and supervising the programs and projects implemented as a result of the exercise by the County of Kaua'i of such powers.
(b) "Administrative fee" "CDBG" "Council" "County" "Federal housing assistance payments program" "Fiscal year" "HUD" "KCHA" "Operating reserve account" "Operating reserve funds" "Public housing agency" "Rental payment assistance funds" "Restrictions on sale or transfer, and use" "Section 8 administrative account" "Section 8 program" "Surplus funds"
Definitions. When used in this Section the following words and phrases shall have the following meaning unless it shall be apparent from the context that a different meaning is intended:
means all monies and fees received by the Section 8 Program from the State of Hawai'i, HUD, or any other federal sources, including the "Hard to House" fees and other such payments, for the administrative operation of the Section 8 Program.
means the Community Development Block Grant created pursuant to the Housing and Community Development Acts of 1974 and 1980, and the amendments thereto.
means the Council of the County of Kaua'i.
means the County of Kaua'i.
means the program created by Section 8 of the Housing and Community Development Acts of 1974 and 1980, and the amendments thereto.
means the fiscal year utilized by the County for its budgetary purposes.
means the United States Department of Housing and Urban Development.
means the Kaua'i County Housing Agency.
means the account to which all surplus funds shall be credited. Upon adoption of this ordinance, all funds previously received, retained, earned or generated by the Section 8 Program, wherever situated, which meet the definition of surplus funds as defined herein, shall be transferred into and shall become part of the operating reserve account.
means all of the funds maintained in the operating reserve account.
is the term used by HUD to identify local entities eligible to receive HUD housing funds and, as used in regard to the County means the KCHA.
means the funds received by the Section 8 Program to be used for the rental payments of eligible participants in the Section 8 Program's Rental Assistance Program.
is the term used to identify the anti-speculative repurchase provision that applies to all real property purchased from the County that has been acquired, financed, developed, constructed, or sold pursuant to this Section.
means the account containing the Section 8 Program's administrative fees.
means the division of the KCHA which administers the funds received pursuant to, and supervises the programs resulting from, the Federal Housing Assistance Payments Program.
means the amount by which the Section 8 Program's project receipts from the administrative fee payments, together with any remaining carry-over surplus funds from prior fiscal years, exceed the total expenditures for the administration of the Section 8 Program for the just concluded fiscal year.
(c)
Kaua'i County Housing Agency. There shall be an agency called the "Kaua'i County Housing Agency" to provide adequate affordable housing and assist in community development in the County of Kaua'i, as the agency may deem necessary and appropriate. The agency shall be under the Office of the Mayor.
(d)
Housing Director. There shall be a Housing Director who shall be appointed by the Mayor and shall be under the Mayor's direct supervision and control. The Housing Director shall have the following duties and responsibilities:
(1)
To administer the operations of the KCHA and its programs and projects;
(2)
To staff the KCHA with necessary personnel to carry out the purposes of the KCHA;
(3)
To coordinate the operations and programs of the KCHA with the applicable housing plans and programs of the County, State and Federal governments;
(4)
To prepare all programs and contracts with the State and Federal governments to carry out the purposes of the KCHA, and to transmit them to the appropriate County persons or bodies for approval.
(e)
Powers, Duties and Responsibilities of the Kaua'i County Housing Agency.
(1)
The KCHA shall be responsible for coordinating the exercise by the County of the powers provided in Sections 46-15.1, 46-15.2, and Chapter 53 of the Hawai'i Revised Statutes and for administering and supervising the programs and projects implemented as a result of the exercise by the County of such powers.
(2)
In order to implement and provide the programs, projects or services resulting from the exercise by the County of the powers enumerated in Paragraph (1) of this Subsection, the KCHA may, subject to applicable County, State, and Federal laws, regulations, and guidelines, do any of the following:
(A)
Develop and construct dwelling units, alone or in partnership with developers;
(B)
Provide assistance and aid to a public agency or persons in developing and constructing new housing and rehabilitating old housing for the elderly of low income, other persons of low income, persons displaced by any government action, by making long-term mortgage or interim construction loans available;
(C)
Contract with any eligible bidders to provide for construction of urgently needed housing;
(D)
Enter into agreements with appropriate officials of any agency or instrumentality of the United States in order to induce such official to make, insure, or guarantee mortgage loans under the provisions of the National Housing Act, as amended, with the approval of the KCHA;
(E)
Make a direct loan to any qualified buyer for the down payment required by a private lender to be made by the borrower as a condition of obtaining a loan from the private lender in the purchase of residential property;
(F)
Sell or lease completed dwelling units;
(G)
Assist in the leasing of private and public dwellings;
(H)
Acquire and utilize public and private lands for the purposes of this Section;
(I)
Provide interim construction loans to partnerships of which it is a partner and to developers whose projects qualify for federally assisted project mortgage insurance, or other similar programs of federal assistance for persons of low income;
(J)
Apply for and utilize Federal and State rental payment assistance funds;
(K)
Provide County funds for rental payment assistance for private and public dwellings;
(L)
Apply for, receive, and administer state or federal moneys for the preservation or rehabilitation of housing units; and
(M)
Adopt such rules pursuant to Chapter 91 of the Hawai'i Revised Statutes as are necessary to carry out the purposes of this Section.
(3)
When so required by the conditions of a State or Federal grant of funds, the KCHA shall establish a separate account for such funds and no commingling of such funds with other funds shall take place.
(4)
All agreements, contracts, documents and other written instruments relating to the operations of the KCHA shall be approved by the Executive on Housing and thereafter signed by the Mayor or the Director of Finance, as provided in the Kaua'i County Charter. When so required by the Kaua'i County Charter or Kaua'i County Code, 1987, Council approval shall also be obtained.
(5)
The KCHA shall be responsible for administering, supervising, and implementing a Section 8 Program which shall participate in and implement the Federal Housing Assistance Payments Program.
(6)
The KCHA shall be responsible for administering, supervising, and implementing a CDBG Program for the purposes of obtaining, distributing, and utilizing CDBG funds.
(7)
The KCHA shall be responsible for administering, supervising, and implementing a Residential Cesspool Conversion Program for the purposes of obtaining, distributing, and utilizing Clean Water State Revolving Fund (CWSRF) moneys. The KCHA may contract with a private person or entity for the design and installation of individual wastewater systems.
(A)
Priorities and Preferences. Subject to funding availability, selection of qualified properties shall give preference as follows:
(i)
First Priority—properties located outside of the visitor destination area (VDA) with an existing building permit application for an Additional Dwelling Unit (ADU), Additional Rental Unit (ARU), or Guest House.
(ii)
Second Priority—Initial Priority Upgrade Areas identified in the December 2017 Report to the Twenty-Ninth Legislature, State of Hawai'i, 2018 Regular Session, "Relating to Cesspools and Prioritization for Replacement," or future updated versions thereof, prepared by the State Department of Health Environmental Management Division:
(iii)
Third Priority—households earning no more than 120% of the Median Household Income (MHI) according to the U.S. Census Bureau 5-year 2019 American Community Survey data.
(iv)
Fourth Priority—properties receiving a Homeowner's exemption.
(v)
Fifth Priority—properties with a Residential real property tax classification.
(vi)
Sixth Priority—properties located outside of the County's sewer expansion area, as validated by the County Engineer or designated representative.
(vii)
Seventh Priority—properties with an existing cesspool that is failing. A failing cesspool is a cesspool that requires pumping at least once per month or has spilled more than once in a year.
Qualified applicants meeting several categories of priority shall be given first preference, in descending order from the most to the least number of categories, to participate in the Residential Cesspool Conversion Program. |
(B)
Priorities Notwithstanding. Upon exhaustion of the foregoing qualified applicants and subject to the availability of CWSRF funding, the KCHA may accept applicants not meeting the priorities in Subsection 2-1.16(e)(7)(A) for participation in the Residential Cesspool Conversion Program on a first come, first served basis.
(f)
Real Property; General Provisions of Restrictions on Sale or Transfer, and Use.
(1)
Title and Purpose. The County shall implement an anti-speculative buy-back provision that shall be known as the "Restrictions on Sale or Transfer, and Use." These restrictions shall apply to the sale or transfer of any real property and apply to the use of any real property acquired, financed, developed, constructed, or sold by the County pursuant to this Section and which are sold on the condition that the purchaser accepts the restrictions on the sale or transfer, and use in the real property purchased. The restrictions shall also apply to privately developed real property that is sold to satisfy an affordable housing requirement and which, by mutual agreement between the County and the private developer, requires that such sales be subject to the County's Restrictions on Sale or Transfer, and Use.
(2)
Relevance to State Law. The restrictions on sale or transfer, and use are in a form substantially equivalent to the provisions of Sections 201E-221, 222, and 223, Hawai'i Revised Statutes. These restrictions on sale or transfer, and use clarify the intent of various provisions of State law and utilize provisions that are in some cases more stringent.
(3)
Severalty. If any part of this Subsection is declared by the Court to be invalid, the same shall not affect the validity of the Subsection as a whole, or any part thereof other than the part so declared invalid.
(4)
Duration of Restrictions. Where the restrictions on sale or transfer, and use of property apply for a period of time, the period of time shall not be increased beyond the date calculated from the date of original purchase without the mutual consent of the owner and the Kaua'i County Housing Agency (KCHA). The period of time that the restrictions on sale or transfer, and use shall apply is as follows:
(A)
For real property acquired, financed, developed, constructed, or sold by the County through the KCHA, the restrictions shall apply for a period of 10 years during which the dwelling unit is occupied by the owner; and
(B)
For real property sold by a private developer satisfying an affordable housing requirement that by mutual agreement between the County and the private developer is subject to these restrictions, the restrictions may apply for a period of less than the 10 year occupancy period, with the time period of the restriction established either pursuant to adopted policy guidelines or written agreement between the developer and the County.
(5)
Modification of Restrictions. No real property owner shall be entitled to modify the restrictions on sale or transfer, and use of the real property, without the written permission of the holder of a duly-recorded first mortgage on the real property and the owner of the fee simple or leasehold interest in the land, unless the holder of the first mortgage or the owner is the County.
(6)
Uniformity of Restrictions. Restrictions on sale or transfer, and use of real property shall be made as uniform as possible in application and restrictions shall be conformed with agreement of the owner to reflect change or repeal made by any subsequent ordinance, rule or regulation. Real property owners shall be permitted at their election to sell or transfer real property subject to restrictions in effect at the time of their sale or transfer.
(7)
Public Notice of Amendment to Restrictions. The KCHA shall notify owners of any substantial change in restrictions made by ordinance, rule or regulation not more than 180 days after a change in restrictions, and such notice shall clearly state the enacted or proposed new provisions, the date or dates upon which they are to be effective, and offer to each owner of real property sold prior to such effective date an opportunity to modify the existing contract or other instrument to incorporate the most recent provisions. The notice shall be published at least three times in a newspaper of general circulation in a County newspaper.
(8)
Market-Oriented Real Property. The restrictions on sale or transfer, and use shall not apply to market-priced real property in an economically integrated housing project.
(9)
Waiver to Comply to Federal Law or Regulation. The KCHA shall be authorized to waive any of the restrictions on sale or transfer, and use in order to comply with or conform to requirements set forth in Federal laws or regulations governing mortgage insurance or guarantee programs or requirements set forth by federally chartered secondary mortgage market participants. For the purposes of these restrictions, the United States Department of Housing and Urban Development shall be defined as and considered a mortgage holder.
(10)
Release of Repurchase Right and Occupancy Requirement. If the real property is financed under a federally subsidized mortgage program and these restrictions would jeopardize the Federal government's ability to recapture any interest credit subsidies that were provided to the owner; or if the real property is in poor condition and the resale of the property, with or without repairs and rehabilitation to correct deficiencies, may be construed to expose the County to an unacceptable amount of economic or liability risk; or if the calculated repurchase price of the real property is comparable to or above the unrestricted market value of the property, the County may decline its first option to purchase the real property subject to the restrictions on sale or transfer, and use; and the owner may then transfer the real property to any subsequent owner or transferee, without buyer, price, or occupancy restriction, and the restrictions on sale or transfer, and use, shall be automatically extinguished and shall not attach in subsequent transfers of title, provided that:
(A)
The County will decline its first option to purchase for a period of time not to exceed one year, during which time of the release, the real property owner must sell or transfer title; and
(B)
Upon the sale or transfer of the real property, the owner shall be required to pay any amount owing the County, including any mortgage note or other loan, any subsidy or deferred sales price, interest on any amount owing, and the County's share of any net appreciation pursuant to the County's Shared Appreciation Program, if applicable.
(11)
Mortgage Consents. The Executive on Housing shall consent to mortgages and liens on the property for the purpose of financing, re-financing, purchase of the fee simple title, repayment of a subsidy or deferred sales price, payment of the County's share of appreciation for real property subject to the County's Shared Appreciation Program, construction of essential or modest capital improvements, or catastrophic household medical expenditures of an emergency or life-threatening nature, provided the total principal balance of all mortgages and liens does not exceed the amount prescribed by Subsection (g)(1)(A) of this Section. However, in the case of re-financing a federally subsidized mortgage, the Executive on Housing shall consent to the refinance of a loan in excess of the amount prescribed by Subsection (g)(1)(A) and up to a total amount that does not exceed the principal balance of all mortgages and liens that have obtained the County's prior consent and accrued interest credit subsidy. In addition, the Executive on Housing may consent to mortgages or liens in excess of the amount prescribed by Subsection (g)(1)(A) that are created solely for the purpose of enabling the owner to add capital improvements to the real property that are essential or modest and which shall proportionately increase the amount prescribed in Subsection (g)(1)(A) when completed.
(12)
The County's interest created by the provisions of these restrictions shall constitute a lien on the real property and shall be superior to any other mortgage or lien, except those mortgages or liens:
(13)
Subsidy or Deferred Sales Price. In any sale by the County of real property for which a subsidy or deferred sales price was made by the County, as described in Subsection (g)(1)(C)(ii) of this Section, the amount, a description of the cost items, and the conditions of the subsidy or deferred sales price shall be clearly stated at the beginning of the contract document issued by the County.
(14)
Application of Restrictions. The provisions of Subsections (f), (g) and (h) of this Section shall be incorporated in any deed, lease, agreement of sale, or other instrument of conveyance, rule or regulation relating to restrictions on sale or transfer, and use of real property purchased from the County through its KCHA or real property privately developed and sold to satisfy an affordable housing requirement and, by mutual agreement between the County and the private developer, is subject to these restrictions.
(g)
Real Property; Restrictions on Sale or Transfer, Waiver of Restrictions.
(1)
Restrictions on Sale or Transfer. The following restrictions shall apply to the sale or transfer of any real property purchased through the KCHA from the County or real property privately developed and sold to satisfy an affordable housing requirement and, by mutual agreement between the County and the private developer, is subject to these restrictions whether on fee simple or leasehold property.
(A)
For a period of 10 years after the purchase of a dwelling unit, during the five year construction period after the purchase of a vacant lot, and for a period of 10 years from the occupancy of a dwelling unit constructed by or for the owner on a vacant lot, whether ownership of the dwelling unit or vacant lot is from an original or subsequent purchase, and whether by lease, assignment of lease, deed, or agreement of sale, if the owner wishes to sell or to transfer title to the real property or the lease, the County shall have the first option to purchase the real property or lease at a price which shall not exceed the sum of:
(i)
The original cost to the owner;
(ii)
The cost of any capital improvements added by the owner, provided that for a vacant lot owner, the cost of a dwelling unit constructed by an owner-builder, including a participant in a County sponsored self-help housing project, shall be the initial building assessment value determined by the County's Real Property Tax Division, Department of Finance or the total documented cost of construction, whichever is greater; and
(iii)
Simple interest on the original cost to the owner and the cost of capital improvements added to the property by the owner at the rate of 1% a year.
(B)
The County may purchase the unit either free and clear of all mortgages and liens or subject to existing mortgages and liens.
(i)
If the real property is conveyed free and clear of all mortgages and liens, it shall be conveyed to the County only after all mortgages and liens are released.
(ii)
If the real property is conveyed subject to existing mortgages and liens, the County shall assume the seller's obligation on any first mortgage created for the sole purpose of purchasing the real property and for any other mortgage or lien that the County has consented to in writing. The amount paid by the County to the seller shall be the difference, if any, between the purchase price determined by the provisions in Paragraph (1)(A) of this Subsection and the total of the outstanding principal balances of the mortgages and liens assumed by the County.
(iii)
If the real property is financed under a federally subsidized mortgage program, in lieu of the release of these restrictions pursuant to Subsection (f)(10) of this Section, the County, at its sole option, may purchase the property for a sum in excess of the amounts prescribed in Paragraph (1)(A) of this Subsection and equal to the sum of mortgagee's principal balance plus accrued interest credit subsidy.
(C)
After the end of the tenth (10th) year from the date of purchase, or execution of an agreement of sale, the owner may sell the real property or assign the property to any person or firm free from any price restrictions; provided that the owner shall be required to pay to the County the sum of:
(i)
The balance of any mortgage note, agreement of sale, or other amount owing to the County, including the County's share of any net appreciation on real property subject to the County's Shared Appreciation Program, if applicable;
(ii)
Any subsidy or deferred sales price made by the County in the acquisition, financing, development, construction, and sale of real property, and any other amount expended by the County not counted as cost in the original sales price but charged to the real property by good accounting practice as determined by the KCHA whose books shall be prima facie evidence of the correctness of the costs; and
(iii)
Interest on the subsidy and any other amount expended at the rate of 7% a year computed as to the subsidy or deferred sales price, from the date of purchase, or execution of the agreement of sale, and as to any amount expended, from the date of expenditure; provided that the computed interest shall not extend beyond 30 years from the date of purchase, or execution of agreement of sale, of the property; and provided that if any proposed sale or transfer will not generate an amount sufficient to pay the County the sum computed under this Paragraph the County shall have the first option to purchase the real property at a price which shall not exceed the sum as computed under Paragraph (1)(A) of this Subsection.
(D)
Notwithstanding any provision above to the contrary, pursuant to rules adopted by the KCHA, the subsidy or deferred sales price described in Paragraph (1)(C)(ii) of this Subsection and any interest accrued pursuant to Paragraph (1)(C)(iii) of this Subsection may be paid at any time.
(2)
Waiver of Restrictions. The restrictions prescribed in Paragraph (1) of this Subsection may be waived by the Executive on Housing if:
(A)
The owner wishes to transfer title to the real property or lease by devise or through the laws of descent to an immediate family member who would otherwise qualify under rules established by the KCHA and who accept the restrictions on sale or transfer, and use, which shall be reinstated with the effective date of the original purchase, and provided that the immediate family member accept reinstatement of the County's Shared Appreciation Program, if applicable; or
(B)
The sale or transfer of the real property would be at a price and upon terms that preserve the anti-speculative intent of these restrictions without the necessity of the County to repurchase the real property and that the sale or transfer is to a subsequent owner or transferee determined eligible by the KCHA, provided that the subsequent owner or transferee accept the restrictions on sale or transfer, and use, which shall be reinstated as of the new effective date of the subsequent purchase, and further provided that the subsequent owner or transferee accept reinstatement of the County's Shared Appreciation Program, if applicable.
(3)
Foreclosure of Real Property.
(A)
The restrictions on sale or transfer, and use shall be automatically extinguished and shall not attach in subsequent transfers of title when a mortgagee or other party becomes the owner of the real property or leasehold interest pursuant to a mortgage foreclosure, foreclosure under power of sale, or a conveyance in lieu of foreclosure after a foreclosure action is commenced or when a mortgage is assigned to a Federal housing agency. Any law to the contrary notwithstanding, a mortgagee under a mortgage covering title or leasehold interest of real property encumbered by the first option to purchase in favor of the County, prior to commencing mortgage foreclosure proceedings, shall notify the County in writing of:
(i)
Any default of the mortgagor under the mortgage within 90 days after the occurrence of the default, and
(ii)
Any intention of the mortgagee to foreclose the mortgage under Chapter 667, Hawai'i Revised Statutes, provided that the mortgagee's failure to provide such written notice to the KCHA shall not affect such holder's rights under the mortgage.
(B)
The County shall be a party to any foreclosure action, and shall be entitled to all proceeds remaining in excess of all customary and actual costs and expenses of transfer pursuant to default, including liens and encumbrances of record; provided that the person in default shall be entitled to an amount which shall not exceed the sum of amounts determined pursuant to Paragraph (1)(A) of this Subsection less any amounts determined to be customary and actual costs and expenses of transfer pursuant to default.
(h)
Real Property; Restrictions on Use.
(1)
Occupancy Requirements. Real property purchased from the County through its KCHA or real property privately developed and sold to satisfy an affordable housing requirement and, by mutual agreement between the County and the private developer, is subject to these restrictions requires that the dwelling unit shall be occupied by the owner at all times during the applicable restriction period, except in a hardship circumstance where a temporary occupancy waiver is provided by the Executive on Housing or occupancy is temporarily suspended as a result of a natural disaster that renders the dwelling unit non-habitable.
(A)
Dwelling units purchased from the County begin the 10 year restriction period from the date of purchase; and
(B)
Vacant lots purchased from the County require the owner to build or have built a dwelling unit on the vacant lot and that the dwelling unit shall be completed and shall be occupied by the owner within five years from the date of purchase of the vacant lot. Upon occupancy of the completed dwelling unit, the 10 year restrictions on sale or transfer, Subsection (g) of this Section, and the applicable 10 year restrictions on use, Subsection (h) of this Section, shall begin.
(2)
Verification of Occupancy. From time to time the KCHA may submit a verification of owner-occupancy form to the owner during the restriction period. Failure to respond to the verification in a timely manner or violation of Paragraph (1) of this Subsection shall be sufficient reason for the County, at its option, to purchase the real property as provided by Subsection (g)(1)(A) of this Section.
(3)
Release of Repurchase Right or Foreclosure of Real Property. The restrictions prescribed in Paragraph (1) of this Subsection shall be automatically extinguished and shall not attach in subsequent transfers of title as prescribed in Subsection (g)(3) or (4) of this Section.
(4)
Waiver of Restrictions. The restrictions prescribed in Paragraph (1) of this Subsection may be temporarily waived by the Executive on Housing for a period of time up to one year for a hardship circumstance, during which time the dwelling unit may be rented or leased, provided that:
(A)
The hardship circumstance is an unforeseeable job or military transfer, a temporary educational sabbatical, a serious illness of the owner or a member of the owner's household, or such other hardship circumstance as determined by the KCHA on a case by case basis;
(B)
The waiver may be granted only to qualified residents who have paid resident State income taxes during all years in which they occupied the dwelling and who shall continue to pay resident State income taxes during the waiver period;
(C)
The term of the Restriction on Sale or Transfer, and Use shall be extended by one day for each day that the owner occupancy requirement is waived;
(D)
The term of the waiver may be extended or other waivers may be approved at other time periods provided the total occupancy waiver period may not exceed 10 years;
(E)
The County may recover all relevant administrative expenses and attorney's fees from the owner; and
(F)
Failure to re-occupy the dwelling unit by the owner at the end of the temporary waiver period shall be sufficient reason for the County, at its option, to purchase the real property as provided in Subsection (g)(1)(A) of this Section.
(i)
Use of Surplus and Operating Reserve Funds.
(1)
Within 30 days after the conclusion of each fiscal year, the Executive on Housing shall determine the amount of surplus funds resulting from the operation of the Section 8 Program from the just concluded fiscal year and shall credit all such funds to the operating reserve account.
(2)
The operating reserve funds may be used for any of the following purposes pursuant to the provisions of Subsection (g) of this Section:
(A)
For the administration of the Section 8 Program;
(B)
For the administration of any other County housing program or project;
(C)
For the hiring of additional staff, the purchase of equipment, or the construction of capital improvements for the Section 8 Program or for any other County housing program or project;
(D)
For the promotion or implementation of any of the purposes, programs, or projects provided for in this Section;
(E)
For the promotion or implementation of any of the powers granted to the County pursuant to Sections 46-15, 15.1 and 15.2 and Chapter 53 of the Hawai'i Revised Statutes; and
(F)
For any other housing related purposes, services or activities determined by the Council to be consistent with this Section.
(j)
Annual Budget. The Executive on Housing shall prepare an annual budget for the KCHA in the same manner as any other County department. This budget shall include an accounting of all funds to be received from all sources, including County, State and Federal funds, and for all expenditures to be made from such funds. This annual budget shall be furnished to the Director of Finance and the Mayor, who shall submit it as part of the annual budget ordinance of the County to the Council, as provided in the Kaua'i County Charter. Included in the KCHA annual budget shall be all proposed expenditures from all special fund accounts, including but not limited to, the operating reserve account, the housing revolving fund, and the housing and community development revolving fund. No funds shall be expended from such special fund accounts unless authorized by the Council. The use of all Federal funds proposed in the KCHA annual budget shall be subject to all applicable Federal regulations, laws, and restrictions.
(k)
Waiver of Provisions. If any of the provisions of this Section jeopardizes the receipt by the County or the KCHA of any Federal or State grant-in-aids or any other Federal or State allotment of money, such provision may, insofar as such fund is jeopardized, be waived by the Council upon the recommendation of the Mayor.
(Ord. No. 280, May 5, 1976; Sec. 2-1.16, 1978 Cumulative Supplement; Ord. No. 372, September 19, 1979; Ord. No. 490, June 26 1986; Ord. No. 557, September 19, 1989; Ord. No. 570, June 26, 1990; Ord. No. 611, November 25, 1992; Ord. No. 676, February 13, 1995; Ord. No. 710, October 14, 1996; Ord. No. 740, July 6, 1999; Ord. No. 802, May 28, 2003; Ord. No. 850, May 24, 2007; Ord. No. 1104, December 2, 2021)
(a)
Purpose. The purpose of this Section is to improve the coordination and efficiency of land use and planning control systems.
(b)
Central Coordinating Agency. The Planning Department is hereby designated the central coordinating agency of the County of Kaua'i.
(c)
Functions. The central coordinating agency shall, in addition to its existing functions, perform the following:
(1)
Repository of All Laws. Maintain and continuously update a repository of all laws, rules and regulations, procedures, permit requirements, and review criteria of all Federal, State and County agencies having any control or regulatory power over land development projects within the County of Kaua'i and make said repository and knowledgeable personnel available to inform any person requesting information as to the applicability of the same to a particular proposed project within the County of Kaua'i.
(2)
Master Form. Study the feasibility and advisability of utilizing a master application form to file concurrently applications for amendments to a County general plan, change in zoning, special management area permit, and other permits and procedures required for land development projects within the County of Kaua'i to the extent practicable with one master application.
(3)
Master File. Maintain all applications for building permits, subdivision maps, and land use designations of the State and County of Kaua'i.
(4)
Coordinating Meetings. 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 County commissions or agencies pursuant to existing laws pertaining to the County of Kaua'i.
(d)
Cooperation. All County departments, divisions, agencies and commissions of the County of Kaua'i shall cooperate with the designated 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.
(e)
Severability. If any provision of this Section, or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the Section which can be given effect without the invalid provision or application, and to this end the provisions of this Section are severable.
(f)
Procedure. The central coordinating agency shall adopt necessary rules pursuant to Chapter 91 of the Hawai'i Revised Statutes to implement this Section.
(Ord. No. 375, November 27, 1979)
(a)
Purpose. The Transportation Agency shall be responsible for the formulation and implementation of policies and objectives, administration and operation of the mass transit systems.
(b) "Bus" "County bus system" "Mass transit"
Definitions. When used in this Section, the following words and phrases shall have the following meaning unless it shall be apparent from the context that a different meaning was intended:
means a motor vehicle designed for carrying more than 10 passengers and used for the transportation of persons. The term shall not include a vehicle designed for operation on a fixed guide.
means the public mass transit service provided by the County through the use of buses regularly scheduled and operating over fixed routes or periodic or specially scheduled public mass transit service for special events through the use of buses.
means transportation by bus, rail, or other conveyance, either publicly or privately owned, provided to the public general or special service (but not including school buses or charter or sightseeing service) on a regular and continuing basis.
(c)
Organization and Administration. There shall be an administrative agency called the "Transportation Agency" under the Mayor's Office. The agency shall be headed by an Executive on Transportation who shall be appointed by the Mayor. The Executive on Transportation shall be under the direct supervision and control of the Mayor.
(d)
All agreements, contracts, documents and other written instruments relating to the operations of the Transportation Agency shall be approved by the Executive on Transportation and thereafter signed by the Mayor or the Director of Finance, as provided in the Kaua'i County Charter. When so required by the Kaua'i County Charter or the Kaua'i County Code, 1987, Council approval shall also be obtained.
(e)
Powers and Duties of the Executive on Transportation. The Executive on Transportation shall:
(1)
Administer the affairs of the Transportation Agency.
(2)
Plan, develop and manage the operation of the mass transit systems in conjunction with the State and Federal government to carry out the purposes of the Transportation Agency, establish routes, schedules and levels of service.
(3)
Subject to applicable requirements of this Section, transmit any contracts to the appropriate County persons or bodies for approval.
(f)
Annual Budget. The Executive on Transportation shall prepare an annual budget for the Transportation Agency commencing with the annual budget for fiscal year 2008-2009. The annual budget shall include an accounting of all funds to be received from all sources, including County, State and Federal funds, and for all expenditures to be made from such funds. This annual budget shall be furnished to the Director of Finance and the Mayor, who shall submit it as part of the annual budget ordinance of the County to the Council, as provided in the Kaua'i County Charter. No funds shall be expended from any accounts unless authorized by the County pursuant to the budgetary process. The use of all Federal funds proposed in the Transportation Agency budget shall be subject to all applicable Federal regulations, laws and restrictions.
(g)
The Executive on Transportation may adopt rules pursuant to Chapter 91, Hawai'i Revised Statutes, necessary to effectuate the purposes of this ordinance.
(Ord. No. 674, February 13, 1995; Ord. No. 740, July 6, 1999; Ord. No. 802, May 28, 2003; Ord. No. 850, May 24, 2007)
There shall be a Department of Parks and Recreation as provided by law.
(Ord. No. 802, May 28, 2003; Ord. No. 850, May 24, 2007; Ord. No. 851, May 24, 2007)