Chapter 12 Improvements by Assessments

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§ 12-6H AWAI‘I C OUNTY C ODE the improvement district boundaries but which service the improvement district. If such costs are to be so included and said inclusion increases the proposed assessment of any owner, the council shall give appropriate notice and conduct public hearings as provided in sections 12-10, 12-27 and 12-28 (as applicable) and the appropriate resolutions and ordinances shall be amended accordingly. (d) The council may allow as a credit against any improvement district assessment, any payment made by an owner to the County which is used to pay for costs of that improvement district, whether such payment is made before or after the creation of said improvement district. Provided, however, that such credit shall not create any obligation of the County to create or continue any improvement district, nor shall such credit impair or otherwise affect the powers of the council in this chapter. (1983 CC, c 12, art 1, sec 12-6; am 1990, ord 90-127, sec 4.)12-6 Section 12-7. Costs advanced and borne by owners and County. (a) The County or an affected owner of an assessment unit may advance costs, including incidentals, for improvement districts, whether before or after the commencement of proceedings for creation of improvement districts and, to the extent that said costs are included in the cost of improvements for said improvement districts, the council may direct partial or full reimbursement to the County or such owner for such costs from improvement district funds. Upon a request by an affected owner of an assessment unit, the director of finance may apply all or part of any such refund toward payment of improvement district assessments or installments thereof. The County may expend such funds to the same extent as if it advanced its own funds for that purpose. If the improvement district is not created or if it is terminated by the council under section 12-6, said owner shall not be entitled to any refund or credit, except as authorized by the council. (b) For main or general thoroughfares, the County may assume and pay out of all available funds, the costs of improvements thereto which: (1) exceed the special benefits conferred on the assessed assessment units or (2) the council finds should not be covered by special assessments. As used in this section “main or general thoroughfare” means a street or highway that is used as an arterial highway between substantially different or naturally separated localities or sections of the County. (1983 CC, c 12, art 1, sec 12-7; am 1976, ord 241, sec 2; am 1990, ord 90-127, sec 4; am 2002, ord 02-82, sec 5.)12-7 Section 12-8. Limitation on time to sue. Any objections to any actions undertaken pursuant to this chapter shall be governed by section 46-80.5, Hawai‘i Revised Statutes. (1983 CC, c 12, art 1, sec 12-8; am 2002, ord 02-82, sec 6.)12-8 12-6