Chapter 35 Business Improvement Districts

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§ 35-33 HAWAII COUNTY CODE Section 35-33. Protests against the proposed ordinance of consideration. Protests against the proposed ordinance of consideration may be made in writing by landowners and if made shall be in such form as may be prescribed by the County clerk. All written protests shall be filed with the County clerk before or at the hearing. The council may waive any irregularities in the form or content of any written protest. Written protests may be withdrawn in writing by the owner who protested at any time before the conclusion of the hearing. (am 2004, ord 04-94, sec 1.) Section 35-34. Protest by a majority or more. (a) If the landowners owning lands which are assessed or proposed to be assessed within the district that have a real property tax assessed value of more than fifty percent of the total real property tax assessed value of all land assessed or proposed to be assessed in the district or if a majority of the owners of land assessed or proposed to be assessed in the district file written protests with the council before or at the public hearing against the proposed ordinance of consideration and if protests are not withdrawn so as to reduce the amount of the protests to fifty percent or less, the ordinance of consideration shall not be approved. No proceedings to include the provision in another ordinance of consideration shall again be undertaken for a period of ninety days from the close of the hearing. (b) Sections 35-13(c) and (d) shall apply to protests under this section. (2004, ord 04-94, sec 1.) Section 35-35. Duration of hearing; determination. The hearing may be continued from time to time, but shall be completed within thirty days; except that, if the council finds that the complexity of the proposed changes or the need for public participation requires additional time, the hearing may be continued from time to time for a period not to exceed ninety days from the date of the original hearing. At the conclusion of the hearing, the council, after considering all protests and such other relevant factors (such as the general plan or development plan) as it deems appropriate, may approve the ordinance of consideration. (2004, ord 04-94, sec 1.) Section 35-36. Filing of notice. After the effective date of an ordinance of consideration, the director of finance shall provide notice of any change in the district or the special assessment or levy in the manner specified under section 35-25. (2004, ord 04-94, sec 1.) 35-16