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§ 2-12 H AWAI‘I C OUNTY C ODE <br />(1) Any person who has paid a fee established by the County for the issuance of <br />any permit shall be entitled to a refund of that fee, provided that the person <br />first submits a written request to the head of the issuing department or agency <br />identifying the issue date, amount, and nature of the permit and the request is <br />received by the head of the issuing department or agency within ninety days <br />from the issue date of the permit. <br />(2) The issuing department or agency shall record the date of receipt thereupon, <br />and shall confirm or deny the information contained in the request pertaining <br />to the issue date, amount and type of permit. If the applicant is entitled to a <br />refund after the verification of the information contained in the request, and <br />the request was received within ninety days from the issue date of the permit, <br />the issuing department or agency shall prepare a request for payment and <br />forward it to the director of finance for processing. <br />(3) If the director of finance is satisfied that the request was received within the <br />ninety day time limit specified in subsection (a)(1), the director of finance shall <br />refund to the applicant the applicant’s permit fee less the greater of the <br />amount of ten percent of the fee or $50. <br />(b) No refund shall be granted for any fee of $50 or less. <br />(c) Notwithstanding the ninety day time limitation for requests and the amount of <br />refund, the director of finance may refund the full amount of a permit that was <br />inadvertently issued in duplicate. <br />(d) The director of finance may refund the full amount of any monies paid as security <br />deposits, bid bonds and performance bonds after all stipulations of a contract have <br />been completed. <br />(1983 CC, c 2, art 4, sec 2-12; am 1994, ord 94-19, sec 2.)2-12 <br />Section 2-12.1. Encumbrances. <br />“Encumbrance” means an obligation to pay funds from an appropriation, or a legal <br />claim against an appropriation. When a contract is certified as to availability of funds, <br />the amount certified is encumbered as of the date of certification. An appropriation by <br />the council of State, Federal or private funds which are legally restricted by the terms <br />of the grant or agreement to specific purposes shall be considered encumbered until the <br />purposes of the grant or agreement are accomplished or abandoned. <br />(1991, ord 91-57, sec 1.)2-12.1 <br />Section 2-12.2. Lien parity. <br />(a) Payment on liens that are authorized by this code or by State statute and establish <br />parity as to other liens shall be made as nearly as practical pro rata based on the <br />respective unpaid amounts of all parity liens, including principal, penalty, interest, <br />fees, and costs; provided that payments billed and collected separately with respect <br />to any particular parity lien shall be applied separately to the unpaid amount of <br />such parity lien. <br />2-6 <br /> <br />
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