Definitions for special assessment improvements

As used in this chapter: “Affected assessment unit” means an assessment unit determined, pursuant to sections 12-2(b), 12-18 and 12-29(a), to be an affected assessment unit with respect to a reasonably anticipated future change in classification or use that will result in increased special benefits conferred on such assessment unit. “Assessment unit” means, with respect to a special assessment, a subdivided parcel of land and/or condominium unit that will be subject to such special assessment; provided, however, that every assessment unit shall have a unique tax map key number. “Condominium unit” means an “apartment” as defined in section 514A-3, Hawai‘i Revised Statutes, and may include, if so determined by the council, the common elements and/or limited common elements appurtenant thereto, as set forth in the declaration of condominium property regime or horizontal property regime which created such apartment. “Cooperating department” means a department of the County, other than the responsible department, that undertakes or supervises the construction and installation of a portion of the special improvements for an improvement district. “Cost” means the cost, either estimated or actual, as the case may be, of the improvements to be opened, constructed or improved in proceedings taken pursuant to this chapter for which assessments are to be levied. There may be included within the definition of “cost,” amounts for construction contingencies, bond discounts, reserve funds, capitalized interest, and incidentals. “Improvement district” means any contiguous or noncontiguous area within the County which has been designated by the council as an improvement district for the purposes of this chapter. “Incidentals” means expenses in carrying out proceedings pursuant to this chapter for: (1) Preparation of maps, notices, and other documents; (2) Posting, mailing and publication costs; (3) Preparation and printing of bonds, bond registers and transfer books; (4) Fees of financial, legal, engineering and surveying consultants; and (5) Such other administrative or miscellaneous expenses which relate directly to the proceedings. “Owner” of an assessment unit means the person to whom the real property tax for such assessment is assessed, as shown on the real property tax assessment roll, regardless of whether such person is exempt from the payment of such tax. 12-1 SUPP. 8 (7-2020) “Premium” means: (1) An amount payable by a property owner at the time the owner makes an advance payment of unpaid installments of the assessment in accordance with the provisions of section 12-35 (Advance payment of assessment installment) which amount is in addition to the unpaid principal amount the owner’s assessment and the interest thereon to the next date for the payment of installments; (2) An amount payable to the holder of a bond issued pursuant to this chapter which is called by the director of finance for payment before maturity in accordance with the provisions of section 12-54 (Payment of bonds), and which is in addition to the face amount of such bond and the interest thereon payable to such bondholder; or (3) An amount paid by the purchaser of the bonds in excess of the par value of the bonds. “Responsible department” means: (1) in the case of a water system improvement district, the department of water supply of the County; (2) in the case of a sewer system improvement district, the department of environmental management of the County; and (3) in all other cases, the department of public works of the County or, if applicable, such other department of the County as shall have primary responsibility for undertaking or supervising the construction and installation of the special improvements for the improvement district in question. “Responsible director or manager” means the director or manager of the responsible department. “Special improvement,” “improvement,” “the making of a special improvement,” “make any special improvement” and equivalent expressions include any one or any combination of the following: (1) The establishment, opening, extension, widening, or altering of any street, alley, or other highway or sidewalk; (2) The grading, paving, curbing, or otherwise improving of the whole or any part of any existing public street, alley, or other highway or sidewalk; (3) The construction of a storm drainage facility; (4) The construction of a street lighting system; (5) The construction of a water system; (6) The construction and installation of underground or overhead utility facilities including gas, electrical, telephone or television facilities, and the removal, relocation, replacement or reconstruction thereof; (7) The establishment, extension, or construction of public off-street parking facilities, pedestrian malls, parks, playgrounds, beach areas, or other public recreational areas and facilities; (8) Improvements related to the foregoing, and to otherwise improve any of the foregoing to an extent exceeding maintenance or repair thereof; (9) Any other public improvement, which will specially benefit the assessment units to be assessed. SUPP. 8 (7-2020) 12-2 IMPROVEMENTS BY ASSESSMENTS § 12-1 “Sewer system improvement district” means an improvement district in which the improvements to be made are exclusively those to construct a sewer system or upgrade an existing sewer system, including the restoration of roadways or other facilities incidental to such construction or upgrading. “Storm drainage facility” includes “sanitary sewerage system.” “Water system improvement district” means an improvement district in which the improvements to be made are exclusively those to construct a water system or upgrade an existing water system, including the restoration of roadways or other facilities incidental to such construction or upgrading. 12-1