ORD 2011-066 2010-2012 - Laserfiche WebLink

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improvement district, the extent of the improvement district, and the levy of the special assessment will be heard; and (E) A statement that any protest, objection, or suggestion relating to the making of all or part of the proposed improvements or against the methods by which such assessment are to be made, or the inclusion of certain costs therein must be submitted in writing, in accordance with section 12 -12 of this chapter, to be considered by the council. (i) The clerk of the County shall file with the council on or before the hearing an affidavit by the clerk of the County attesting that the clerk of the County completed the publication, posting, and mailings described in the preceding section 12 -15(h) in accordance with the requirement thereof; provided, however, that the failure of the clerk to timely file such affidavit shall not invalidate the proceedings held thereafter. Any failure to post, mail, or receive the notice described above shall not invalidate the proceedings held thereafter. (j) All notices referred to in this section shall also contain a provision providing that if the owner does not object in writing at or before the time of hearing, such inaction will be construed as a conclusive presumption that said owner does not object to the proposed improvement and that the improvement district may be put into effect unless fifty -one percent of the owners who will be assessed as a result of the improvement district object in writing at or prior to the time of hearing. (k) Should fifty -one percent or more of the owners of the assessment units affected by the improvement district fail to object prior to or at the hearing, the proposed improvement by assessment shall be approved by council passing a resolution requiring one reading for its adoption, provided, that no such improvement shall be approved unless: (1) The assessed valuation for taxation purposes of the assessment units to be improved is twice the estimated cost of the proposed improvement; or (2) The council by resolution finds the appraised value of such assessment units in accordance with prevailing standards of appraisal and used by banks for loans thereon is twice the estimated cost of the proposed improvement and that such approval is in the public interest. (1) This section shall apply only to subdivisions created prior to March 1, 1967. SECTION 6. Chapter 12, Article 2, Section 12 -18, Hawai`i County Code 1983 (2005 Edition, as amended) relating to Resolution to define extent of improvement is amended to read as follows: Section 12 -18. Resolution to define extent of improvement. If, after initial or further advertisement and hearing when no changes are made which will require further advertisement or hearing, the council determines to proceed with the improvements, it shall, by resolution requiring not more than one reading for its adoption: 10