HAR §15-19-21. Initial procedure

(a) The authority shall commence the assessment area process by directing the executive director to investigate and report to the authority preliminary information and data concerning the public facilities to be proposed or improved, the general character and the extent of any improvement or improvements to be proposed, whether the improvement or improvements should be assessed on a frontage basis, or an area basis, or according to the real property tax assessment on the value of the land and improvements, or floor area ratio basis, whether it will be necessary to acquire any new land, the estimated cost of acquiring the land and the proportion of the cost which should be borne by the authority and the county, the materials recommended for the improvement or improvements, the boundary of the assessment area to be proposed, the various types of improvements and the costs to be assessed for each, the portion of the cost to be borne by the authority, the portion of the cost to be borne by the county in which the improvements are situated, and the portion of the cost to be specifically assessed against the real property specially benefited with the estimated total amount of assessment to be made against each property according to the method of assessment proposed, and furnish all available preliminary surveys, maps, plans, drawings and other data, details and specifications for the improvement or improvements and any other matter of details intended to apply thereto. (b) The authority may approve the undertaking of engineering design of these improvements at any time preceding or following the initiation of the assessment area procedure. (c) If the improvement or work proposed to be undertaken includes the construction or improvement of a water system or the laying or installation of conduits, pipes, hydrants or any appliance for supplying or distributing water, the executive director shall so inform the county board of water supply. Should the county board of water supply agree to provide the authority with preliminary plans and estimates for the proposed water system, the executive director shall furnish the county board of water supply with the available information which will enable the county board of water supply to make its UNOFFICIAL COMPILATION NOVEMBER 1999 -7- plans and estimates for the proposed water system. The executive director shall incorporate the preliminary plans and estimates of the county board of water supply in his report to the authority. (d) The executive director shall furnish the county with information on the proposed improvements which will enable the county to provide input on the matter. The executive director shall incorporate the county's recommendation in his report to the authority. (e) The authority may adopt the plans and estimates furnished by the county board of water supply which are incorporated as part of the executive director's report. (f) The authority shall, to the extent possible, notify all affected landowners of the information contained in the report. County and state officials shall also be kept informed of the proposed improvements. [Eff 9/17/84] (Auth: HRS §§206E-4, 206E-6) (Imp: HRS §§206E-4, 206E-6) §15-19-22 Public hearing. (a) After receipt of the executive director's report, the authority may act to propose the making of an improvement or improvements and creation of assessment areas based upon the information and data provided in the report. Assessment area rules shall also be drafted incorporating the latest available data. Public hearing on the assessment area rules may be held together with the hearing on creation of the assessment area. (b) Notice of public hearing shall comply with the requirements of chapter 91, HRS, and at least once in a daily newspaper of general circulation in the county and state in which improvements are proposed. The notice shall contain a statement describing the proposed assessment area rules, including the description of the assessment area, the real property proposed to be assessed or acquired and the general details of the proposed improvement or improvements. The notice shall also state the time, date and place of the public hearing wherein persons may object to and suggest modifications to the proposed improvement or improvements and where the reports and other data relating to the proposed assessment area or areas may be seen and examined prior to the hearing. (c) In addition to the notice requirement of subsection (b), notice by certified or registered mail with a request for a return receipt shall be given to the several owners and lessees on record at the county department of finance. The notice shall be mailed to the address on UNOFFICIAL COMPILATION NOVEMBER 1999 -8- record at the department and shall be sent no later than the date of notice of public hearing and shall state the time, date, and place of the hearing where persons may object to and suggest modifications to the proposed improvement or improvements and where reports and other data relating to the proposed assessment area or areas may be seen and examined prior to the hearing. (d) Rules required by this section shall define and establish the assessment area or areas, define the extent and describe the general details of the proposed improvement or improvements, describe each parcel of real property to be acquired, declare the part or portion of the cost of improvement or improvements to be borne by the authority, declare the part or portion of the cost of improvement or improvements to be borne by the county, declare the method of assessment, the portion of the cost of the improvement or improvements to be borne by the owners of real property, and the assessment on each lot. [Eff 9/17/84, am 1/29/90] (Auth: HRS §§206E-4, 206E-6) (Imp: HRS §§206E-4, 206E-6)