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BUSINESS IMPROVEMENT DISTRICTS § 35-7 <br /> Section 35-7. Limitation on challenges. <br /> Pursuant to section 46-80.5(d), Hawaii Revised Statutes, no action or proceeding to <br /> object to or question the validity of or enjoin any ordinance, action, or proceeding <br /> undertaken pursuant to this chapter (including the liability for or the determination of <br /> the amount of any assessment levied with respect to any property or the levy or <br /> assessment thereof) shall be maintained unless begun within thirty days of the effective <br /> date of the ordinance, determination, levy, assessment, or other act, as the case may be. <br /> (2004, ord 04-94, sec 1.) <br /> Section 35-8. Construction of chapter. <br /> This chapter shall be liberally construed in order to effectuate its purposes. No <br /> error, irregularity, or informality and no neglect or omission of any officer in any <br /> procedure taken under this chapter which does not directly affect the jurisdiction of the <br /> County to create a district for the provision of supplemental services and improvements <br /> shall void or invalidate such proceeding or any levy for the costs of such services or <br /> improvements. <br /> (2004, ord 04-94, sec 1.) <br /> Section 35-9. Validity of proceedings. <br /> The failure of any person to receive a notice, ordinance, order, or other matter shall <br /> not affect in any way whatsoever the validity of any proceedings taken under this <br /> chapter or prevent the council from proceeding with any hearing so noticed or other <br /> action. <br /> (2004, ord 04-94, sec 1.) <br /> Article 2. Proceedings to Establish a District. <br /> Section 35-10. Institution of proceedings. <br /> (a) Proceedings for the establishment of a district may be instituted by the council on <br /> its own initiative or by the council at the request of the mayor. <br /> (b) Proceedings for the establishment of a district shall be instituted by the council <br /> after receipt by the County clerk of a petition requesting the institution of the <br /> proceedings signed by landowners owning lands within the proposed district that <br /> have a real property tax assessed value of at least twenty-five percent of the total <br /> real property tax assessed value of all land in the proposed district. <br /> (2004, ord 04-94, sec 1.) <br /> 35-5 <br />