HAR §15-19-59

HAR §15-19-59. Sale in case of default

Last amended: 1988Length: 576 wordsOfficial source

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