MCC §14.40.030

How Leased Property Counts in Improvement Petitions

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This section explains how property that is leased is counted when people petition to create an improvement district. If the lease says the tenant must pay the special assessment, the property doesn't count toward the petition's support unless the landlord waives that lease term or both owner and tenant sign the petition. The petition must also state that no other leased property has such a term.

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The ordinance, as written (Maui County) — Petition—Property subject to lease

A copy, taken August 21, 2026. The version published by Maui County is the one that governs, and it may have changed since. Check it before relying on anything here.

If any property in the area designated as a proposed improvement district in a petition filed pursuant to section 14.40.020 is subject to a lease by the express terms of which the lessee must pay the kind of assessment contemplated by this article, then such property shall not be included in computing the percentage of the area of land represented by such petition unless the lessor shall, with the petition, file a duly acknowledged waiver of the stipulation in the lease which requires the lessee to pay the special assessments to be made for the proposed improvement, or both the owner and lessee of such property duly sign the petition. Petitions so filed shall contain a certification, applicable to the respective properties of the respective owners, that except as set forth in the petition no property represented by the petition is subject to a lease with express terms as set forth in this section. (Ord. 826 § 1(a), 1975: Ord. 801 § 1 (part), 1974: prior code § 25-2.2.1)

Read the official text at library.municode.com ↗as published Nov 21, 2025our copy taken Aug 21, 2026

Published by the County of Maui through Municode.

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.