How property owners can protest improvements and how the Council decides

Protests, Objections and Suggestions. Any owner of property proposed to be assessed may at any time prior to or at the public hearing file in writing, with the Council, any protest, objection or suggestions as to the proposed improvement, stating briefly his or her reason therefor, or present the same in person orally, at the public hearing. If fifty-five percent (55%) of the property owners of the total frontage or area to be assessed for improvements, at the hearing or prior thereto, file with the Council written protests, duly acknowledged by the owners, against the making of the improvements or against any part of the plan therefor, the improvements shall not be made contrary to the protest.If the protest is against the making of any improvement, the improvement shall not be made, and the proceedings shall not be renewed within six (6) months from the date of closing the public hearing, unless each and every owner protesting withdraws his or her protest.Any lessee of any property to be assessed under this Chapter, who by the express terms of his or her lease must pay the kind of assessments contemplated by this part, shall be subrogated to all the rights of the owner to protest by filing with the Council prior to or at the hearing a certified copy of his or her lease, together with a citation of the book and page of the public record of the same if it is recorded; provided that any lessor of a lessee, or any owner of the property to be assessed, may, at any time before the closing of the public hearing, make void the protest or the rights of protest of any lessee of the property on consideration of filing with the Council a duly acknowledged waiver of the stipulation in the lease which required the lessee to pay the special assessment, and a written undertaking by the lessor or owner to pay the special assessment to be made under the proposed improvement.After the hearing provided in Section , the Council shall determine whether or not the proposed improvement or improvements shall be made and whether with or without modification. No modification shall be made without public hearing as provided for in Section which would substantially reduce the frontage or area to be assessed or increase the proposed assessment beyond ten percent (10%) of the estimated total amount of assessment against all properties as specified in the resolution proposing the making of the improvement or improvements, or materially alter the general character or plan of improvement or improvements advertised, except that one (1) or more areas of an independent sanitary sewer improvement district embracing two (2) or more separate areas may be deleted without the aforesaid hearing. No modification in the plans or estimates furnished by the Board of Water Supply shall be made without its consent.If, after such initial or further hearing, the Council determines to proceed with the improvement or improvements, it shall by resolution requiring not more than one (1) reading for its adoption create, define and establish the improvement district, define the extent and describe the general details of the proposed improvement or improvements, describe each parcel of land to be acquired, declare the part or portion of the cost of improvement or improvements to be borne by the County, declare the method of assessment, determine the extent of frontage area of land to be assessed and that such property to be assessed is specially benefited, describe the materials to be used, and request the Mayor to direct the County Engineer to prepare a map of the improvement district showing the exact location of the proposed improvement or improvements together with final details, plans and specifications for the work in a form to call for and encourage competitive bidding, wherever feasible. The description and definition herein required may be set forth expressly in such resolution or be incorporated therein by referring to the data of the County Engineer theretofore filed with the Council.If the proposed improvement or improvements include the construction or improvement of a water system, the resolution shall request the Board of Water Supply to furnish final details, plans and specifications for adequate and appropriate conduits, pipes, hydrants and other appurtenances including reservoir and booster pumps for such water system and shall also request the Mayor to direct the County Engineer to furnish the Board of Water Supply with such copies of final surveys, maps and plans of the proposed improvement or improvements necessary for the preparation of the final plans and specifications for such water system. The Board of Water Supply need not furnish such plans and specifications where the County has not appropriated its share of the cost.In submitting the report as required by the resolution, the data may expressly be set forth in the report or may be incorporated therein by referring to the data theretofore filed with the Council by the County Engineer and the Board of Water Supply. The map of the improvement district showing the exact location of the proposed improvement or improvements, and the final details, plans and specifications of the County Engineer and the Board of Water Supply shall be incorporated by reference in a resolution to be used as the basis for the calling for bids and awarding of contract.In case the improvement or improvements so determined upon require the acquisition of any new land therefor, the Council shall acquire the same before final award of the contract, either by deed, or other voluntary conveyance from the owners thereof, or it may, at its option, and in the name of the County cause condemnation proceedings to be brought to acquire the same in like manner as by law provided or in like proceedings when brought by the State, and after the filing of the petition in such proceedings the final award of the contract may be made. If the cost of acquiring such land exceeds the estimate therefor, the Council may provide for the excess cost by general appropriation.In the event that land has been acquired by condemnation under the provisions of Chapter 101, Hawai'i Revised Statutes, and in the award made on the condemnation there has been deducted from the compensation or damages otherwise payable to the landowners any amount by reason of the fact that land of such landowner not sought to be condemned would be benefited by the construction of an improvement or improvements proposed to be made after the condemnation, it shall be unlawful to make any assessments against such land under this Chapter without having first credited against the amount for which the land would otherwise have been assessed the amount that has been deducted in the award made on condemnation for benefits by reason of the construction of an improvement or improvements proposed to be made after condemnation.