HAR §15-19-59
HAR §15-19-59. Sale in case of default
Cite as Haw. Code R. § 15-19-59
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.
[Eff
9/17/84] (Auth:
HRS §§206E-4, 206E-6) (Imp:
HRS §§206E-4,
206E-6)
§15-19-60
Purchase
at
sale.
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.
[Eff
9/17/84] (Auth:
HRS §§206E-4, 206E-6) (Imp:
HRS §§206E-4,
206E-6)
§15-19-61
Certificate
by
authority.
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.
[Eff
9/17/84]
(Auth:
HRS
§§206E-4,
206E-6)
(Imp:
HRS §§206E-4, 206E-6)
UNOFFICIAL COMPILATION
NOVEMBER 1999
-19-
§15-19-62
Disposition of land bid in by authority at
sale for default.
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.
[Eff
9/17/84]
(Auth:
HRS
§§206E-4, 206E-6) (Imp:
HRS §§206E-4, 206E-6)
§15-19-63
Surcharge
fee.
(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.
[Eff
2/26/88]
(Auth:
HRS
§§206E-4,
206E-6)
(Imp:
HRS
§§206E-4, 206E-6)
§15-19-64 to