HAR §15-19-50. (Reserved)

SUBCHAPTER 4 ASSESSMENTS §15-19-51 Assessments fixed by rule. (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 UNOFFICIAL COMPILATION NOVEMBER 1999 -14- 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. [Eff 9/17/84, am 2/22/93] (Auth: HRS §§206E-4, 206E-6) (Imp: HRS §§206E-4, 206E-6) §15-19-52 Notice and collection of assessments. 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. [Eff 9/17/84] (Auth: HRS §§206E-4, 206E-6) (Imp: HRS §§206E-4, 206E-6) §15-19-53 Assessments, when payable. (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 UNOFFICIAL COMPILATION NOVEMBER 1999 -15- 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. [Eff 9/17/84] (Auth: HRS §§206E-4, 206E-6) (Imp: HRS §§206E-4, 206E-6) §15-19-54 Lien; new assessment. (a) All assessments made pursuant to this chapter shall be a lien until paid against each lot or parcel of land assessed from the date of receipt of notice declaring the assessment and shall have priority over all other liens except the lien of property taxes. (b) In the event that a lot previously assessed is subsequently subdivided or subsequently consolidated with any other lot, whether or not the latter is within the assessment area, the authority, upon petition by the owners of the lots as may be subdivided or consolidated, or upon petition by the lessees of the lots as may be subdivided or consolidated who by the express terms of their leases are obligated to pay the kind of assessments covered by this chapter, may prorate the original assessment among the lots resultant from the subdivision, or consolidate the assessments upon the component lots and assess the consolidated lot therefor, by an appropriate amendment to the assessment roll; provided that prior to the introduction of the amendment to the assessment roll, the subdivider or consolidators shall deposit with the authority legal tender or a certified check in a sufficient amount to be used to cover the cost of making the allocation and to cover the assessment allocable to areas used or to be used for purposes that are public in nature, such as, but not limited to, roadways, parks, school sites, sewage treatment plant sites and reservoir sites, developed in connection with the subdivision or consolidation. The cost of making the UNOFFICIAL COMPILATION NOVEMBER 1999 -16- reallocation of assessments, when determined by the authority, shall be paid into the revolving fund of the authority. (c) The amount of assessment, allocable to areas used or to be used for purposes that are public in nature and developed in connection with the subdivision or consolidation, as approved by the authority, shall be credited to the appropriate fund. The amended assessments shall be a lien upon the subdivided or consolidated lots as of the date of the amended roll. The amendments shall be paid in installments equal in number to that remaining under the original assessment and at the same rates of assessments and interest. (d) No delay, mistake, error, defect, or irregularity in any act or proceeding authorized by this chapter shall prejudice or invalidate any assessment; but the same may be remedied by subsequent or amended acts or proceedings and, when so remedied, the same shall take effect as of the date of the original act or proceedings. If in any court of competent jurisdiction any assessment made under this chapter is set aside for irregularity in the proceedings, the authority may, upon notice as required in making an original assessment, make a new assessment in accordance with the provisions of this chapter. (e) Upon completion of the improvement or improvements and the payment of the cost thereof, the authority shall certify the actual cost of the improvement or improvements together with the amount of the assessments therefor. [Eff 9/17/84] (Auth: HRS §§206E-4, 206E-6) (Imp: HRS §§206E-4, 206E-6) §15-19-55 Payment of installments. (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 UNOFFICIAL COMPILATION NOVEMBER 1999 -17- 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. [Eff 9/17/84, am 11/1/85, am 6/3/95] (Auth: HRS §§206E-4, 206E-6) (Imp: HRS §§206E-4, 206E-6)