Chapter 12 Improvements by Assessments

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§ 12-40H AWAI‘I C OUNTY C ODE provided, in which event the lien of the unpaid assessment shall remain in full force and effect until final payment of such balance. Such sale and advertisement shall be made by the director of finance in the same manner, under the same conditions and penalties and with the same effect as provided by general law for sales of real property for default in payment of property taxes. (b) In the event of the failure of the director of finance to so commence and diligently complete advertisement and sale of the assessment unit pursuant to the provisions of this section, the director of finance shall not be personally liable for such failure, but if a default exists in payment of principal or interest upon bonds, issued to represent an assessment for which any such installment of principal and interest is in default, or if the levy has been made or it appears probable that the levy will be required to be made, the holder of such bonds in the former case, and any persons who are owners of the assessment units subject to such levy and liable to pay same in the latter case, or both, shall have the right to enforce performance of the duties of the director of finance hereunder by action in the nature of mandamus, as provided by law. (1983 CC, c 12, art 3, sec 12-40; am 2002, ord 02-82, sec 17; am 2011, ord 11-65, sec 3.) 12-40 Section 12-41. Purchase at sale. At any sale for default in payment of any assessment levied as provided in this chapter, the director of finance may accept, in lieu of cash, in payment for the assessment unit so sold, bonds of such improvement district whether such bonds are then outstanding or hereafter issued, to a value of par plus accrued interest to date of sale. Upon the receipt of such bonds, the director of finance shall cancel the bonds and credit the improvement district with the amount allowed on the bonds. (1983 CC, c 12, art 3, sec 12-41; am 2002, ord 02-82, sec 17.)12-41 Section 12-42. Certificate of balance due. The director of finance 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. (1983 CC, c 12, art 3, sec 12-42.)12-42 Section 12-43. Sale of land by director; terms. Whenever any assessment unit has been bid in by the director of finance at any sale for default of the owner thereof, the director of finance, in making such sale thereof as may by law be authorized, may sell the assessment unit, upon the following terms and conditions: (1) A down payment at the sale of twenty percent of the sale price; 12-28