§46-80.5 Special improvement district. (a) In addition and supplemental to the authority vested in the counties by sections 46-80 and 46-80.1, any county having a charter may enact an ordinance, and may amend the same from time to time, authorizing the creation of special improvement districts for the purpose of providing and financing supplemental maintenance and security services and such other improvements, services, and facilities within the special improvement district as the council of the county determines will restore or promote business activity in the special improvement district and making and financing improvements therein. Each separate special improvement district shall be established by a separate ordinance enacted as provided in the ordinance authorizing the creation of special improvement districts. The ordinance authorizing the creation of special improvement districts may permit the county to provide for a board or association, established pursuant to chapter 414D, to provide management of the special improvement district, and to carry out activities as may be prescribed by the ordinance authorizing the creation of special improvement districts and the ordinance establishing the special improvement district as permitted thereby.
(b) The county may levy and assess a special assessment on property located within the special improvement district to finance the maintenance and operation of the special improvement district and to pay the debt service on any bonds issued to finance improvements within the special improvement district. Notwithstanding any law to the contrary, in assessing property for a special assessment, the county may implement a methodology as the council of the county deems appropriate. The special assessment may be fixed in an amount or appropriated on a basis as the council of the county deems appropriate, and it shall not be essential that the property subject to the special assessment be improved or benefitted by the operation and maintenance of the special improvement district or any activity or improvement undertaken for, and financed by, the special improvement district.
(c) The county may issue and sell bonds to finance improvements within the special improvement district and the ordinance authorizing the creation of special improvement districts may provide the method, procedure, and type or types of security for those bonds. Each issue or series of bonds shall be authorized by ordinance separate from the ordinance establishing the special improvement district. The bonds shall be in amounts, in denomination or denominations, in form or forms, executed in a manner, payable in place or places and at time or times, bear interest at rate or rates (either fixed or variable), mature on date or dates and provide terms and conditions of redemption, provide security (including the pledge of proceeds of the bonds, special assessments, and the lien therefor), provide for credit enhancement, if any, administration, terms of investment of proceeds of the bonds and special assessment receipts, provide terms of default and remedy, and other terms and conditions, as the council of the county deems necessary or proper. The bonds may be sold in a manner and at price or prices as the council of the county shall determine. Bonds issued pursuant to this section and the interest thereon and other income therefrom shall be exempt from any and all taxation by the State or any county or other political subdivision, except inheritance, transfer, and estate taxes.
(d) Notwithstanding any other law to the contrary, no action or proceeding to object to or question the validity of or enjoining any ordinance, action, or proceeding permitted by this section (including the liability for or the determination of the amount of any special assessment levied or the imposition thereof), or any bonds issued or to be issued pursuant to an ordinance enacted as permitted by this section, shall be maintained unless begun within thirty days of the enactment of the ordinance, determination, or other act, as the case may be and, in the case of the assessment, whether the determination or levy, within thirty days after adoption of the ordinance authorizing or amending the assessment formula and, in the case of bonds, within thirty days after enactment of the ordinance authorizing the issuance of the bonds.
(e) Exemptions.
(1) Property owned by the state or county governments or entities, may be exempt from the assessment except as provided in paragraph (3);
(2) Property owned by the federal government or entities, shall be exempt from the assessment except as provided in paragraph (3);
(3) If a public body owning property, including property held in trust for any beneficiary, which is exempt from an assessment pursuant to paragraphs (1) and (2), grants a leasehold or other possessory interest in the property to a nonexempt person or entity, the assessment, notwithstanding paragraphs (1) and (2), shall be levied on the leasehold or possessory interest and shall be payable by the lessee;
(4) The redevelopment of the Ala Wai boat harbor shall be exempt from the assessment and any special improvement district requirements authorized by subsection (a); and
(5) No other properties or owners shall be exempt from the assessment unless the properties or owners are expressly exempted in the ordinance establishing a district adopted pursuant to this section or amending the rate or method of assessment of an existing district.
(f) The assessments levied pursuant to the ordinance authorizing the creation of special improvement districts, the ordinance establishing a district, and this section shall be a lien upon the property assessed. The lien shall have priority over all other liens except the lien of general real property taxes and shall be on a parity with the lien of assessments levied under sections 46-80 and 46-80.1.
(g) Any board or association established for the purposes of carrying out the activities described in this section shall not be deemed a governmental body. The board and association shall neither be deemed to be a government department, agency, or a county nor to be performing services on behalf of a government department, agency, or county. [L 1999, c 107, §1; am L 2002, c 40, §2; am L 2011, c 197, §3]
Structure Hawaii Revised Statutes
Title 6. County Organization and Administration
46-1 Meeting place of council.
46-1.5 General powers and limitation of the counties.
46-1.6 REPEALED. L 1996, c 13, §17.
46-1.7 Retention of emergency 911 recordings.
46-1.8 Reciprocal supplying of tax information.
46-1.52 Authority to enter private property; pests or invasive species.
46-1.55 Indigenous Hawaiian architecture.
46-2 Publication or advertising of ordinances, amendments, resolutions, and bills.
46-2.1 Comprehensive ordinance codes.
46-2.2 Publication of supplements.
46-3.5 REPEALED. L 2009, c 4, §4.
46-4.2 Nonsignificant zoning changes.
46-4.5 Ordinances establishing historical, cultural, and scenic districts.
46-5 Planning and traffic commissions; creation.
46-6 Parks and playgrounds for subdivisions.
46-7 Agreements with federal government; use of funds.
46-8 State and county co-sponsorship of programs.
46-9 Expenditures of money for sister-city relationships.
46-11 Federal flood insurance.
46-11.5 Maintenance of channels, streambeds, streambanks, and drainageways.
46-12 Cleaning shores and beaches of seaweed, limu, and debris.
46-12.5 State beach park lifeguard services.
46-13 Each county to determine its own number of fire stations.
46-13.1 Volunteer fire stations.
46-14.5 Land use density and infrastructure; low-income rental units.
46-15 Experimental and demonstration housing projects.
46-15.1 Housing; county powers.
46-15.2 Housing; additional county powers.
46-15.3 Regulation of adult family boarding home and care home.
46-15.4 Administrative inspections and warrants.
46-15.5 Cooperation by state departments.
46-15.21 Housing choice voucher program.
46-15.25 Infrastructure dedication; affordable housing.
46-15.36 Hospice homes; permitted use in residential areas.
46-15.01 Limitation of application.
46-16 Traffic regulation and control over private streets.
46-16.2 Commuter benefits program.
46-16.3 Regulation of commercial bicycle tours.
46-16.5 Public passenger vehicle regulation.
46-16.7 REPEALED. L 2006, c 38, §29.
46-16.8 County surcharge on state tax.
46-17 Regulation of certain public nuisances.
46-18 Central coordinating agency.
46-19 Development of alternative energy resources.
46-19.1 Facilities for solid waste processing and disposal and electric generation; financing; sale.
46-19.4 Priority permitting process for renewable energy projects.
46-19.5 Energy conservation standards for building design and construction.
46-19.7 Individual shower control valves required.
46-19.8 Fire sprinklers; residences.
46-20 Regulation of sewerage and wastewater treatment systems.
46-20.1 County ownership of sewer transmission lines and facilities servicing Hawaiian home lands.
46-20.5 Regulation of towing operations.
46-20.7 County transient accommodations tax.
46-22 Compensation of certain county officials.
46-22.1 Salaries of members of council.
46-23 Salaries of department heads, deputies, assistants; fixed how.
46-24 Limitation on salary of first deputy or assistant.
46-25 Salaries of county officers and employees; moneys payable into treasury.
46-26 Bonds of county officers; form.
46-29 Certain notarial powers conferred upon county officers.
46-30 Transfer of civil service personnel on reorganization.
46-31 Transfer of noncivil service personnel on reorganization.
46-33 Exemption of certain county positions.
46-34 Civil service exemptions.
46-35 Firefighters, counsel for.
46-36 Authority of counties to engage in the process of managed competition; established.
46-41 Budgets; financial records on fiscal year basis.
46-42 Reports by fiscal officers.
46-45 Excessive expenditures; penalty.
46-46 Excess expenditures; when permitted.
46-47 Franchise fees, disposition of.
46-48 Deposit of funds in banks.
46-50 Short term investment of county moneys.
46-51 Deposit of securities with mainland depositories.
46-54 Collection of delinquent license fees, taxes, and other amounts.
46-55 Schedule of council anticipated expenditures.
46-61 Eminent domain; purposes for taking property.
46-62 Eminent domain; proceedings according to chapter 101.
46-63 Gift or sale of county property for care of aged persons.
46-64 Disposition of surplus property.
46-65 Parks in the charge of council.
46-65.5 Exchange of park property.
46-65.6 Thomas Square; to be maintained.
46-66 Disposition of real property.
46-71 Service of process upon county.
46-71.5 Indemnification of county agencies
46-72 Liability for injuries or damages; notice.
46-72.5 Counties' limited liability for skateboard activities at public skateboard parks.
46-73 Claims for legislative relief; conditions.
46-74 Waiver of exemption from assessment for improvements.
46-74.1 Exemption from improvement assessments.
46-75 Improvement bonds exempt from taxation.
46-76 Location of utility facilities in improvement districts.
46-77 Underground utility facilities in improvement districts.
46-78 Improvement districts, initiation by the State.
46-79 CUSIP numbers for district improvement bonds or improvement district bonds of counties.
46-80 Improvement by assessment; financing.
46-80.5 Special improvement district.
46-81 Reserve funds for payment of improvements.
46-85 Contracts for solid waste disposal.
46-86 Transactions for utility services.
46-89 Broadband-related permits; automatic approval.
46-103 Establishment of tax increment district.
46-105 Collection of tax increments.
46-107 Tax increment bond anticipation notes.
46-109 Termination of a tax increment district.
46-111 Computation of tax increment.
46-112 Tax on leased redevelopment property.
46-124 Negotiating development agreements.
46-125 Periodic review; termination of agreement.
46-126 Development agreement; provisions.
46-127 Enforceability; applicability.
46-129 County general plan and development plans.
46-130 Amendment or cancellation.
46-142 Authority to impose impact fees; enactment of ordinances required.
46-142.5 School impact districts; new building permit requirements.
46-143 Impact fee calculation.
46-144 Collection and expenditure of impact fees.
46-146 Time of assessment and collection of impact fees.
46-147 Effect on existing ordinances.
46-163 Conditions for the transfer of development rights.
46-165 Other rights not affected.
46-171 Actions for false claims to the counties; qui tam actions.
46-172 Civil actions for false claims.
46-173 Evidentiary determination; burden of proof.
46-174 Statute of limitations.
46-175 Action by private persons.
46-176 Rights of parties to qui tam actions.
46-177 Awards to qui tam plaintiffs.
46-179 Fees and costs of litigation.
46-180 Relief from retaliatory actions.
46-181 Certain actions barred.
46-192 County emergency medical services system; establishment.
46-193 County, functions; duties.
46-194 Emergency medical services; fees.
46-195 Community paramedicine program; established.
46-196 Emergency medical services; levels of service; contracts.
46-198 Immunity and limitation on liability for emergency aeromedical services.