BIL 071 Draft 01 2012-2014 - Laserfiche WebLink

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COUNTY OF HAWAII -•' �' / •- STATE OF HAWAII • BILL NO. 71 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 5 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAXES, LIENS, FORECLOSURES, AND NOTICE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to reduce the number of years required to foreclose on a property for delinquent real property taxes from three to two years, thus allowing the County to sell the foreclosed property at public auction to recoup unpaid taxes,penalties, and various administrative costs in a timelier manner. Additionally, this ordinance relocates notice requirements previously placed in Section 19-38 into the appropriate Section 19-40, to ensure that all notice requirements are provided in a single location. SECTION 2. Chapter 19, article 5, section 19-38 of the Hawai`i County Code 1983 (2005 edition, as amended), is amended to read as follows: "Section 19-38. Tax liens; foreclosure without suit LT-notice]. [All real property on which a lien for taxes exists may be sold by way of foreclosure without suit by the director, and in case any lien, or any part thereof, has existed thereon for three years, shall be sold by the director at public auction to the expenses due or incurred on account of the tax, lien, and sale, the surplus, if any, to be rendered to the person thereto entitled. The sale shall be held at any public place proper for sales on execution, after notice published at least once a week for at least four successive weeks immediately prior thereto in any newspaper with a general circulation of at least sixty thousand published in the State and any newspaper of general circulation published and distributed in the County. If the address of the owner is known or can be send to each owner notice of the proposed sale by registered mail, with request for return receipt. If the address of the owner is unknown, the director shall send a notice to the owner at the owner's last known address as shown on the records of the department of finance. The notice shall be deposited in the mail at least forty five days prior to the date set for the sale. The notice shall also be posted for a like period in at 1 st three conspicuous public places within the county and if the land is improved, one of the three postings shall be on the land.]