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Home My WebLink AboutORD 2008-157 2006-2008COUNTY OF HAWAII STATE OF HAWAII BILL NO. 366 ORDINANCE NO. 08 iS7 AN ORDINANCE AMENDING CHAPTER 2 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARITY LIENS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The purpose of this measure is to clarify treatment of parity liens upon receipt of partial payment by adding this section to article 4 of chapter 2 of the Hawaii County Code 1983 (2005 Edition, as amended). This measure clarifies that should partial payments be made on parity liens that aze billed together, payment toward satisfaction of those liens is to be applied on a pro rata basis, as nearly as practical. Additionally, this measure clarifies that a foreclosure action on one or more pazity liens does not extinguish any remaining unsatisfied parity lien. Specifically, a real property tax foreclosure sale will not extinguish any other type of parity lien notwithstanding section 19-42, Hawaii County Code 1983 (2005 Edition, as amended). SECTION 2. Chapter 2, article 4, of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by adding a new section to be appropriately designated and to read as follows: "Section .Lien parity. {a) Payment on liens that are authorized by this code or by State statute and establish parity as to other liens shall be made as nearly as practical pro rata based on the respective unpaid amounts of all parity liens, including principal, penalty, interest, fees, and costs; provided that payments billed and collected separately with respect to any particular parity lien shall be applied separately to the unpaid amount of such parity lien. In the event of delinquencies, parity liens may be foreclosed together or in sepazate foreclosures and the amounts realized by foreclosure, together or separately, as applicable, shall be applied in the manner provided above for payments billed and collected together or separately. ~ Notwithstanding any provision of this code to the contrary, foreclosure of any parity lien or liens shall not extinguish or otherwise affect any pazity lien or liens for amounts that are not satisfied by such foreclosure." SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. SECTION 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declazed to be severable. SECTION 5. This ordinance shall take effect upon its approval. IN RODUCED BY: U~.-.=. COUNCIL MEM E Y OF HAWAII Kona , Hawaii Date of Introduction: October 8, 2008 Date of 1st Reading: October 8, 2008 Date of 2nd Reading: November 7, 2008 Effective Date: November 20, 2008 REfERENGEa Comm. 1453.2 OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii IntroducedBy: Dominic Yagong Date Introduced: October 8, 2008 Firs[Reading: October 8, 2008 Published: October 17, 2008 REMARKS: October 22, 2008 - Amended to Draft 2 and held over Pursuant to Council Rule 25 (e) Second Reading: November 7, 2008 "foMayor: November 18, 2008 Returned: November 20, 2008 Effective: November 20, 2008 Published: December 1, 2008 RF.h9ARKS: ROLL7~i~L~ i OT AYESr ~,, .,,NOES rr ' 1~1, " EX Ford X' ~I~. +fy-; +. t : - -~, Higa X - '';r"i1 Hoffmann Ikeda X X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS ~ EX Ford X Higa X ~ Hoffmann X 1 j Ikeda X 1 Jacobson Naeole X X -~ ~ Pilago X Yagong X Yoshimoto X s o 1 -- ~---° - ~ 7 i?i ? i~iEREBY CERTIFY that the foregoing BILL wav~le b the County Council published cts A-'r'ROV~:i:i AS TO F'7rzn~9 !>."JD LEGALITY: DEPUTY CORP RATION CO NSEL COUNTY OF AWAIT Date ~~ /~ 1pprave b'Drsapproved this ~~ day ~~~ Noy~,ynb zo o~ ~. r~ t~or~ h ok~ Ha w,~l ~1 366 (Draft 2i Bill No.: Reference: C-1453/FC-33 Ord No.: 08 ~..~~ -------- Ordinances Numbered 08-]55, 08-156, OS-157, 08-158, OS-159, OS-160, 08-161, & 08-162 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County . Council on November 7, 2008, by vote, as listed below: Ordinance 08-155 (Bill 148, Draft 3) (2004-2006): An Ordinance Amending Chapter 25 (Zoning Code) of the Hawaii County Code, Related to Agricultural Tourism. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 8; NOES: None; ABSENT: Council Member Higa- l; EXCUSED: None. Ordinance 08-156 (Bi11323, Draft 3): An Ordinance Amending Chapter 19, Article 7, Sections ] 9-53, 19- 58. ] and 19-58.2, Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Real Property Taxes- Nonspeculative Residential Use. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yoshimoto, and Chair Hoffmann - 7; NOES: Council Member Yagong -1; ABSENT: Council Member Higa- 1; EXCUSED: None. Ordinance 08-157 (Bi11366, Draft 2): An Ordinance Amending Chapter 2 of [he Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Parity Liens. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 8; NOES: None; ABSENT: Council Member Higa- 1; EXCUSED: None. Ordinance 08-158 (Bill 367): An Ordinance Amending Ordinance No. 08-79, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2008 to June 3Q, 2009. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 8; NOES: None; ABSENT: Council Member Higa - 1; EXCUSED: None. Ordinance 08-159 (Bi11369): An Ordinance Adopting the County of Hawaii South Kohala Community Development Plan. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-160 (Bill 370): An Ordinance Amending Section 25-8-21 (Laupahoehoe-Ninole Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Single Family Residential - 15,000 Square Feet (RS-1 S) to Single Family Residential - 10,000 Square Feet (RS-10) at Manowaiopae, North Hilo, Hawaii Covered by Tax Map Key 3-6-008:002. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance OS-161 (Bill 371): An Ordinance to Amend Ordinance No. OS-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance OS-162 (Bill 372, Draft 2): To Amend Ordinance No. 01-1 ] 8 of the County of Hawaii , - Relating to Certain Matters Concerning the County's Outstanding Improvement District No. 17, Kaloko Subdivision, 2001 Special Assessment Refunding Bonds. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. sey Jarman County Clerk (Hawai`i Tribune-Herald - December 1, 2008) (West Hawaii Today - December 1, 2008) Note: The original Digest/Affidavit is attached to Ordinance OS-155