Director of Finance: Duties and Powers

The director shall have the following duties and powers, in addition to any others prescribed or granted by this chapter: A. Assessment. To assess, pursuant to law, all real property situated within the geographic boundary of the County for taxation of real property and to make any other assessment by law required to be made by the director; B. Collection. To be responsible for the collection of all taxes imposed by this chapter and for such other duties as are provided by law; C. Construction of Revenue Laws. To construe the provisions of this chapter, the administration of which is within the scope of the director's duties, whenever requested by any officer or employee of the County, or by any taxpayer; D. Enforcement of Penalties. To see that penalties are enforced when prescribed by this chapter (the administration of which is within the scope of the director's duties) for disobedience or evading of its provisions, and to see that complaint is made against persons violating any provisions of this chapter; in the execution of these powers and duties, the director may call upon the corporation counsel or prosecuting attorney, whose duties it shall be to assist in the institution and conduct of all proceedings or prosecutions for penalties and forfeitures, liabilities and punishments for violation of the provisions of this chapter in respect to the assessment and taxation of real property; E. Forms. To prescribe forms to be used in or in connection with the provisions of this chapter including forms to be used in the making of returns by taxpayers or in any other proceedings connected with the provisions of this chapter and to change the same from time to time as deemed necessary; F. Maps. The director shall provide for the County maps drawn to appropriate scale, showing all parcels, blocks, lots, or other divisions of land based upon ownership, and their areas or dimensions, numbered or otherwise designated in a systematic manner for convenience of identification, valuation, and assessment. The maps, as far as possible, shall show the names of owners of each division of land, and shall be revised from time to time as ownerships change and as further divisions of parcels occur. The director shall also maintain, as and when such information is available, maps showing present use, zoning, and physical use capabilities of land located within the County for the guidance of assessors and the information of various tax review tribunals and the general public. The director shall charge fees for the use and other disposition of tracings of these maps, including copies or prints made therefrom, by private persons or firms as provided for by ordinance; G. Inspection. Examination of Records and Property. The director shall have the authority to inspect and examine the records and property of all public officers without charge, and to examine the books and papers of account of any person for the purpose of enabling the director to obtain all information that could in any manner aid the director in discharging the director's duties under this chapter; H. Inspection and Examination of Real Property. To inspect and examine the real property of any person for the purpose of enabling the director to attain all information that could in any manner aid the director in discharging the director's duties under this chapter; I. Recommendations for Legislation. To recommend to the mayor such amendments, changes, or modifications of the provisions of this chapter or any applicable state statutes as may seem proper or necessary to remedy injustice or irregularity or to facilitate the assessment of property under this chapter; J. Report to Mayor. To report to the mayor annually, and at such other times and in such manner as the mayor may require, concerning the acts and doings and the administration of the department of finance, and such other matters of information concerning real property taxation as may be deemed of general interest; the mayor shall transmit copies of such reports to the council within thirty days of receipt; K. Rules and Regulations. To promulgate such rules and regulations as the director may deem proper and to effectuate the purposes for which the department of finance is constituted and to regulate matters of procedure by or before the director pursuant to the provisions of Hawaiʻi Revised Statutes Chapter 91; L. Compromises. With the approval of the corporation counsel to compromise any claim arising under this chapter not exceeding five hundred dollars, and if a claim exceeds five hundred dollars, the director shall obtain the approval of the County council, the administration of which is within the scope of the director's duties; and in any such case there shall be placed on file and in the department of finance's office a statement of: 1. The amount of tax assessed or proposed to be assessed, 2. The amount of penalties and interest imposed or proposed to be assessed, 3. The amount of penalties and interest imposed or which could have been imposed by law with respect to subdivision 1 of this subsection as computed by the director, 4. The total amount of liability as determined by the terms of the compromise, and the actual payments made thereon with the dates thereof, and 5. The reasons for the compromise; M. Retroactivity of Rulings. To prescribe the extent, if any, to which any ruling, regulation, or construction of the provisions of this chapter shall be applied without retroactive effect; N. Remission of Delinquency Penalties and Interest. Except in cases of fraud or willful violation of the provisions of this chapter or willful refusal to make a return setting forth the information required by this chapter (but inclusion in a return of a claim of nonliability for the tax shall not be deemed a refusal to make a return), the director may remit any amount of penalties or interest added, under this chapter, to any tax that is delinquent for not more than ninety days, in a case of excusable failure to file a return or pay a tax within the time required by this chapter, or in a case of uncollectibility of the whole amount due; and in any such case there shall be placed on file in the director's office a statement showing the names of the person receiving such remission, the principal amount of the tax, and the year or period involved; O. Closing Agreements. To enter into an agreement in writing with any taxpayer or other person relating to the liability of such taxpayer or other person, under this chapter, the administration of which is within the scope of the director's duties, in respect of any taxable period, or in respect of one or more separate items affecting the liability for any taxable period; such agreement, signed by or on behalf of the taxpayer or other person concerned, and by or on behalf of the County, shall be final and conclusive, and except upon a showing of fraud or malfeasance, or misrepresentation of a material fact, the matters agreed upon shall not be reopened, and the agreement shall not be modified, by any officer or employee of the County; and in any suit, action or proceeding, such agreement, or any determination, assessment, collection, payment, refund or credit made in accordance therewith, shall not be annulled, modified, set aside, or disregarded; P. Other Powers and Duties. In addition to the powers and duties contained in this section, the powers and duties contained in this chapter for levying, assessing, collecting, receiving, and enforcing payments of the tax imposed hereunder, and otherwise relating thereto, shall be severally and respectively conferred, granted, practiced and exercised for levying, assessing, collecting and receiving and enforcing payment of the taxes imposed under the authority of this chapter; and Q. Stipulations. To stipulate, or authorize corporation counsel to stipulate, to facts, procedures, and other matters for the hearing, resolution, or settlement of real property tax appeals filed with the board of review or tax appeal court. (Ord. No. 3740, § 1, 2010; Ord. 1076 § 3 (part), 1980: prior code § 6-1.2)