The purpose of this Chapter is to provide for the construction and maintenance of public improvements and the resulting financing of the improvements by way of a special or local assessment that is levied against the property benefiting from the improvement.
(a)
Whenever in the opinion of the Council it is desirable:
(1)
To establish, open or construct any public highway, as defined by statute, including in connection therewith the construction of a sidewalk, bikeway, sanitary sewer system, storm drainage system, water system or street lighting system; or
(2)
To extend, widen, alter, grade, pave, curb, macadamize or otherwise improve, to an extent exceeding maintenance or repair thereof, the whole or any part of any existing public highway, including in connection therewith the construction or improvement of a sidewalk, bikeway, sanitary sewer system, storm drainage system, water system or street lighting system; or
(3)
To construct or improve a sanitary sewer system, storm drainage system, street lighting system, water system, sidewalk, or bikeway independently of any other construction or improvement; or
(4)
To acquire property for or construct or improve pedestrian malls; or
(5)
To acquire property for or construct or improve off-street parking facilities as provided in Chapter 56, Hawai'i Revised Statutes; or
(6)
To acquire property for or construct or improve parks or playgrounds as provided in Section 24-1.3 hereof,
such acquisitions, betterments, or improvements may be made and done under the provisions of this Chapter; provided that in the case of a sidewalk which is to be constructed independently of any other improvement, the highway along which the construction of such sidewalk is proposed shall have a right-of-way width at least equal to the width indicated by County standards; and the cost thereof (including the cost, if not assumed by the County under the discretionary power contained in Section 24-2.1, of acquiring, whether prior to or after the commencement of the proceedings for such betterments or improvements, any new land therefor) shall be assessed against the land specially benefited, either on the frontage basis or according to the area of the land or any other assessment method which assesses the land according to the special benefits conferred, or any combination of the aforesaid methods of assessment; provided that wherever the frontage or area basis assessment are mentioned in sections and provisions contained hereinafter such valuation method may be used, either alone or in combination with one (1) or more of the aforesaid methods of assessment; and provided further that the County may issue and sell bonds to provide the funds for such improvements, which bonds for an improvement or improvements initiated by the County pursuant to Section 24-3.1 only may, in the sole discretion of the Council, be either general obligation bonds of the County (or the funds for such improvement or improvements may be provided from the special assessment revolving fund or from both the special assessment revolving fund and the issuance and sale of general obligation bonds) or bonds secured only by such assessments as a lien upon the lands assessed, and for an improvement or improvements initiated pursuant to Sections 24-3.2 and 24-3.3 shall be only bonds secured only by such assessments as a lien upon the lands assessed; and for such purposes the Council may create, define and establish improvement districts, all according to the provisions of this Chapter. |
(b)
Nothing in this Chapter shall prevent the County from compelling abutting property owners at their own expense to construct, maintain and repair sidewalks and curbs in front of the abutting property under any other statute or ordinance, now existing or hereafter to be enacted.
(c)
Nothing in this Chapter shall prevent the County or the Board of Water Supply from constructing, improving, maintaining and repairing any sanitary sewer system, storm drainage system, street lighting system or water system, as the case may be, as empowered by any other statute or ordinance, now existing or hereafter to be enacted.
(d)
Nothing contained in this Chapter shall prevent the County from making the betterments or improvements referred to in Subsection (a) of this Section, if property owners and the Council mutually agree to share the cost of such betterments or improvements and the estimated amount of such cost to be borne by the property owners is deposited with the County prior to the award of the construction contract; provided that the proportionate share of the cost to be borne by the property owners and the County shall be subject to revision upon the determination of the actual cost of the betterment or improvement.
(Ord. No. 145, December 17, 1969; Ord. No. 156, January 24, 1972; Ord. No. 550, February 10, 1989)
Whenever deemed desirable or necessary in the interests of the public, the Council may establish an improvement district for the purpose of acquiring property for, or constructing or improving a park or playground in conformity with the provisions of this Chapter; provided that nothing contained herein shall be construed to limit the power of the Council to provide for the acquisition of property or construction or improvement for the same purposes without levying assessments.
(Ord. No. 550, February 10, 1989)
Any provision of law to the contrary notwithstanding, the Council reserves the following powers over any improvement district proposal, whether County-initiated or initiated by petition of owners:
(a)
If, for any reason whatsoever, the improvement district bonds authorized under this Chapter are not sold or cannot be sold to any acceptable purchaser within a reasonable time, then the Council shall have the power and authority to terminate the entire improvement district project, or any part thereof. In the event that the project is terminated, in the case of petitions by owners, the petitioners shall be responsible for all costs incurred by the County for such improvement district. The County may assure such repayment by requiring reasonable deposits therefor.
(b)
In addition to the foregoing, at any time during the proceedings of any improvement district proposal up to and including the adoption of the assessment ordinance, the Council shall have the power and authority to terminate the entire improvement district project, or any part thereof, if it determines that the improvement district project is not in the public interest.
(c)
In addition to the foregoing, at any time during the proceedings of any improvement district proposal up to and including the adoption of the assessment ordinance, the Council shall have the power and authority to require the inclusion of costs of off-site improvements such as roads, water, sewers, drainage, which may be outside the improvement district boundaries but which service the improvement district. In the event that such costs are to be so included, the appropriate resolutions and ordinances shall be amended accordingly.
(Ord. No. 550, February 10, 1989)
(a)
This Chapter shall be liberally construed in order to effectuate its purposes. No error, irregularity, informality, and no neglect or omission of any officer, in any procedure taken under this Article, which does not directly affect the jurisdiction of the Council to order the improvement, shall void or invalidate such proceeding or any assessment for the cost of the improvement. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the Council.
(b)
Effect of Error in Mailing. The failure to mail any notice to any owner or lessee of property within the proposed improvement district and proposed to be assessed, or the failure of any such owner or lessee to receive any notice shall not affect the validity of any proceeding taken pursuant to this Article, unless a failure to mail any particular notice occurs with respect to a sufficient number of owners or lessees to demonstrate gross negligence or lack of good faith effort in the mailing thereof.
(c)
Errors in Computation. No bond, coupon, assessment, or installment thereof or interest or penalties thereon, certificate of sale or deed shall be held invalid for any error in the computation of the proper amount due on the same, if the error is found to be comparatively negligible, or is found to be in favor of the owner of the bond, coupon or real property affected thereby.
(Ord. No. 550, February 10, 1989)