Chapter 35 Business Improvement Districts

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§ 35-40 HAWAII COUNTY CODE (c) The notice shall contain all of the following information: (1) A summary of the proposed ordinance and a statement that the proposed ordinance is on file in the County clerk's office for public inspection (alternatively, the notice may contain the full text of the proposed ordinance); (2) The time and place of the hearing; (3) A statement that, at the hearing, the testimony of all interested persons and landowners for or against the proposed annexation will be heard; and (4) A summary of the protest procedure and the form of any protests, including the rights of an owner of land and the effect of protests made against the proposed annexation. (2004, ord 04-94, sec 1.) Section 35-41. Protests against proposed ordinance of annexation. Protests against the proposed ordinance of annexation may be made in writing by landowners of land in the existing district or by landowners of land in the area proposed to be annexed 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 Written protests may be withdrawn in writing by the owner who protested at any time before the conclusion of the hearing. (2004, ord 04-94, sec 1.) Section 35-42. Protest by a majority or more. (a) If either: (1) The landowners owning lands which are assessed in the existing district that have a real property tax assessed value of fifty percent plus one of the total real property tax assessed value of land specially assessed in the existing district, or (2) The landowners owning lands which are proposed to be annexed and assessed that have a real property tax assessed value of fifty percent plus one of the total real property tax assessed value of land proposed to be annexed and assessed, or (3) More than fifty percent of the owners of lands which are specially assessed in the existing district, or (4) More than fifty percent of the owners of land which are proposed to be annexed and assessed, file written protests with the council before or at the public hearing against the proposed annexation and if protests are not withdrawn so as to reduce the amount of the protests to fifty percent or less, the annexation proceedings shall cease. Sections 35-13(c) and (d) shall apply to protests under this section. (b) If the annexation proceedings cease pursuant to section 35-42(a) above, no proceedings to annex the land shall be undertaken for a period of ninety days from the close of the hearing. (2004, ord 04-94, sec 1.) 35-18