HAR §15-24-9. Reimbursement

(a) Any person displaced as a result of a building, zoning, or other similar code enforcement activity shall be entitled to receive a payment for actual reasonable moving expenses as authorized by this chapter, provided that such displaced person did not lease or rent the premises with knowledge of the violation and was not responsible in any way for the violation. The displacing agency shall have the right to recover from the party responsible for a code violation any monies paid out pursuant to this subsection. Such amount shall be recoverable by the displacing agency in the same manner as a debt due. (b) If the person responsible for the code violation is the owner of real property from which persons are forced to move because of a code enforcement activity, and such responsible person fails to pay the displacing agency within sixty days after written demand, the displacing agency may claim a lien against the real property from which persons are displaced. This lien shall be in addition to any other remedy the displacing agency may have. Such lien may be foreclosed in the same manner as liens for real property taxes and in accordance with §§246-55 to 246-61, HRS. (c) Payments in accordance with this section to the displacing agency by the party responsible for the code violation shall not relieve the party from complying with the notices ordering compliance with codes issued by the displacing agency. [Eff 2/11/91] (Auth: HRS §§206E-4, 206E-10.5) (Imp: HRS §§206E-4, 206E-10.5) Historical Note: §15-24-9 is based substantially upon §15-18-23. [Eff 5/11/85; R 2/11/91] §15-24-10 Temporary relocation facilities. (a) The authority may provide relocation facilities within or outside the district for temporary occupancy by individuals, families and businesses displaced by development action in the district. (b) Tenant occupancy in relocation facilities provided by the authority shall be temporary. Displacees may be UNOFFICIAL COMPILATION NOVEMBER 1999 -8- issued revocable permits of occupancy, provided that a displacee shall not be allowed to occupy a temporary relocation facility for more than six months after completion of a development project in which said displacee has secured an option to lease, or three years, whichever occurs first. (c) Temporary relocation facilities provided by the authority shall be made available to displacees at fair market rental. (d) Eligibility for the use of temporary relocation space shall be based on a priority system, with displacees of government action having precedence over all others. Displacees of private development actions having the longest tenancy in the Kakaako district shall be afforded second priority, provided the displacees are legitimate businesses which will be conducting activities that are permitted at the site on which the temporary relocation facility is located. [Eff 2/11/91] (Auth: HRS §§206E-4, 206E-10.5) (Imp: HRS §§206E-4, 206E-10.5) Historical Note: §15-24-10 is based substantially upon §15-18-22. [Eff 9/22/84; R 2/11/91] §15-24-11 Application and prompt payments. (a) Applications for any relocation or reestablishment payments authorized by this chapter shall be on forms provided by the authority, shall be accompanied by the information and documents as may be required by the authority and shall be filed with the displacing governmental agency. (b) No application for any relocation or reestablishment payments authorized by this chapter shall be accepted more than eighteen months after the date of the commencement of the move, nor shall any such payment be made prior to the completion of the move except in cases of hardship. (c) All relocation and reestablishment payments authorized by this chapter shall be paid within thirty days after the completion of the move or within thirty days after the date of application if application is made after the move is completed. [Eff 2/11/91] (Auth: HRS §§206E-4, 206E-10.5) (Imp: HRS §§206E-4, 206E-10.5) Historical Note: §15-24-11 is based substantially upon §