HCC §32-24
When property owners can skip the public hearing
Read the official text at hawaiicounty.gov ↗If all landowners and required tenants agree in writing, the county council can skip the required notice and public hearing for a proposed district. The council can then immediately create the district and charge the special tax if it decides that is in the public interest. The council's decision is final.
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The ordinance, as written (Hawaiʻi County) — Waiver of notice and hearing by petition
A copy, taken August 21, 2026. The version published by Hawaiʻi County is the one that governs, and it may have changed since. Check it before relying on anything here.
If a petition is filed by the owners of one hundred percent of the land in the proposed district and by all lessees having a possessory interest in any property to be included within the proposed district who, by the express terms of the lease, must pay the special tax contemplated by this chapter (unless the owner or lessor shall, with the petition, file a written waiver of the stipulation in the lease which requires the lessee to pay the special tax to be levied in the proposed district and a written undertaking to pay the special tax), then it shall be unnecessary for the council to provide any notice of the hearing, or to conduct a public hearing under this chapter. The council may immediately proceed to adopt an ordinance of formation pursuant to section 32-29 and to levy and assess a special tax in the manner provided in this chapter, provided that the council finds that such approval is in the public interest. The council’s findings shall be final and conclusive. (1994, ord 94-77, sec 3; am 2009, ord 09-33, sec 2.)32-24 SPECIAL IMPROVEMENT FINANCING BY COMMUNITY FACILITIES DISTRICTS § 32-25
Published by the County of Hawaiʻi Office of the County Clerk.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.