HomeMy WebLinkAboutCOM 0710.032 2010-2012 r ♦ Y
COUNTY OF HAWAII
PLANNING DEPARTMENT
RULES OF PRACTICE AND PROCEDURE
RULE 10. GEOTHERMAL RELOCATION PROGRAM
10-1 Authority.
Pursuant to the authority conferred upon the Planning Department by Ordinance No. 96 2,
the rules and regulations hereinafter contained are established to provide for the establish-
ment of a geothermal relocation program and geothermal royalty fund.
10-2 Purpose.
The purpose of this rule is to authorize the Planning Department to establish a geothermal
program for the relocation of owner-occupants residing near the Puna Geothermal Venture
facility.
10-3 Criteria to Qualify for Geothermal Relocation Program.
The geothermal relocation program shall initially apply only to owner-occupants and the
highest priority shall be given to those individuals who:
x'*
(a) Reside within a one(I)mile radius of the Puna Geothermal Venture facility;
(b) Purchased their dwelling unit before October 3, 1989 or received a building permit
for the dwelling unit before that date and final inspection for the dwelling has been
completed by the Department of Public Works, Building Division: and
(c) Express a desire to relocate.
In the event that funds are initially insufficient to purchase all of the dwellings and proper-
ties, those located closest to the PGV facility shall be purchased first.
10-4 Procedures for the Purchase of the Affected Dwellings and Properties.
(a) The Planning Director may solicit the assistance of a qualified real estate appraiser
and/or real estate broker to assist in implementing the procedures for the relocation
of the affected owner-occupants, including the negotiation for the purchase of the
affected dwellings and properties.
(b) The real estate appraiser and/or real estate broker shall, on behalf of the Planning
Director, do the following:
(I) Contact all affected owner-occupants by certified mail as to whether they
would be interested in relocating and selling their respective dwellings and
properties to the County. v 7/0. -&2—
Comm.
Ref.To: r/C �//
Ref. Date JUN 0 6
Planning Deparrinent Rules of Practice& Procedure I 0-I
Rule 10. GEOTHERa•L4L RELOCIPIOV PRoGRAAI §10-5
(2) Upon receipt of the notice,the owner-occupants shall have sixty(60)days
in which to respond in writing of their desire to be relocated.
(3) Within sixty(60)days of receipt of the owner-occupants'response,the real
estate appraiser and/or real estate broker shall negotiate a purchase price
with the affected owner-occupants. The purchase of the affected properties
shall be at a rate of not more than one hundred thirty percent(130%)of the
assessed value. as determined by the Real Property Tax Division of the
Department of Finance.
(4) The real estate appraiser and/or real estate broker shall then present to the
Planning Director the negotiated purchase price for approval.
(5) The real estate appraiser and/or real estate broker may work with the
escrow company to effectuate the purchase of the properties. including a
title search and the preparation ofa property description as necessary.
10-5 Notification to Department of Finance.
Upon successful negotiation of a purchase price with the owner-occupant and upon receipt
of a deed,the Planning Director shall notify the Finance Director that disbursement from
the Geothermal Royalty Fund may be made to purchase the affected dwelling and prop-
erty. The Planning Director shall pay the funds to the owner-occupant upon receipt of title
to the property.
10-6 Creation of a Geothermal Royalty Fund.
The geothermal relocation program shall be funded with proceeds from the following
sources:
(a) Geothermal royalties received from the State of Hawaii Department of Land and
Natural Resources;
(b) Proceeds from the sale of properties purchased under this program:and
(c) Rental fees from any of the properties purchased under this program_
10-7 Expenditures from Geothermal Royalty Fund.
The proceeds from the fund shall be used for the necessary expenses in administering and
carrying out the purposes of the geothermal relocation program. Expenditures relating to
the geothermal relocation program include, but are not limited to:
(a) The costs of any necessary appraisals required under the geothermal relocation
program;
(b) The payment of necessary fees and expenses:
0" (c) The costs for the purchase of an affected dwelling and property;and
Planning Department Rules.of Practice R Procedure 10-2
Rule 10. GEOTHERMAL RF.LOc 11'1ON PROGRA §10-8
(d) The costs necessary to dispose of or rent an affected dwelling and property.
10-8 Severability.
if any portion of this rule. or its application to any person or circumstance,shall be held
unconstitutional or invalid,the remainder of this rule and the application of such portion to
other persons or circumstances shall not be affected thereby.
MNY
Planning Department Rues of Practice R Procedure 10-3