§15-19-51  Assessments fixed by rule.  (a)  After the final assessment hearing, the authority shall forthwith proceed to make the modifications or changes to the data contained in the final assessment area rules as are equitable or just and shall fix the portions of the cost to be assessed against the benefited properties and against the owners thereof, respectively.  It shall be conclusive that the amounts of the several assessments so listed, advertised and incorporated and not previously objected to are just and equitable and not in excess of the special benefits accruing or to accrue by reason of the improvement to the specific property assessed.
 (b) Upon a determination to proceed with a refunding under section 15-19-33(d), the authority shall forthwith proceed to make modifications or changes to the data contained in the final assessment area rules promulgated upon the original assessment and to fix the portions of the cost to be assessed upon such refunding against the benefited properties and against the owners thereof, respectively.  All provisions of this chapter with respect to assessments for improvements shall apply to any assessments fixed upon a refunding, including particularly the provisions of this subchapter with respect to notice, collection, payment, and lien position of assessments.  It shall be conclusive that the amounts of the several assessments so listed, advertised and incorporated and not previously objected to are just and equitable and not in excess of the special benefits accruing or to accrue by reason of the improvement to the specific property assessed which were financed from the proceeds of the assessment area bonds being refinanced from the proceeds of the refunding assessment area bonds.  [Eff 9/17/84, am 2/22/93] (Auth:  HRS §§206E-4, 206E-6) (Imp:  HRS §§206E-4, 206E-6)
 

 §15-19-52  Notice and collection of assessments.  The authority shall notify the several owners and lessees, on record at the county department of finance, by either certified or registered mail addressed to their address on record at the department, with a request for a return receipt, of the several amounts assessed on the respective properties and of the date when the assessments are payable.  However, failure of any owner or lessee to receive any notice shall not invalidate the assessment or entitle the owner or lessee to an extension of time within which to pay the assessment.  The authority shall also collect the assessment and set aside all moneys so collected in a special fund.  [Eff 9/17/84] (Auth:  HRS §§206E-4, 206E-6) (Imp:  HRS §§206E-4, 206E-6)
 

 §15-19-53  Assessments, when payable.  (a)  All assessments so made shall be due and payable within thirty days after receipt of notice of assessment, provided that any assessment may, at the election of the owner of the land assessed, be paid in installments with interest, as hereinafter provided.  Failure to pay the whole of any assessment within the period of thirty days shall be conclusively considered an election on the part of all persons interested in the assessments, whether under disability or otherwise, to pay in installments.
 (b) All persons so electing to pay in installments shall be conclusively considered and held to have consented to the improvement and the election shall be conclusively held and considered as a waiver of any and all right to question all power or jurisdiction of the authority to make the improvement, the regularity or the sufficiency of the proceedings, or the validity or correctness of the assessment.  However, the waiver shall not apply to any person who has properly filed an action in court, challenging the power or jurisdiction of the authority to make the improvement, within thirty days after receipt of notice fixing the assessments.  [Eff 9/17/84] (Auth:  HRS §§206E-4, 206E-6) (Imp:  HRS §§206E-4, 206E-6)
 

 §15-19-54  Lien; new assessment.  (a)  All assessments made pursuant to this chapter shall be a lien until paid against each lot or parcel of land assessed from the date of receipt of notice declaring the assessment and shall have priority over all other liens except the lien of property taxes.
 (b) In the event that a lot previously assessed is subsequently subdivided or subsequently consolidated with any other lot, whether or not the latter is within the assessment area, the authority, upon petition by the owners of the lots as may be subdivided or consolidated, or upon petition by the lessees of the lots as may be subdivided or consolidated who by the express terms of their leases are obligated to pay the kind of assessments covered by this chapter, may prorate the original assessment among the lots resultant from the subdivision, or consolidate the assessments upon the component lots and assess the consolidated lot therefor, by an appropriate amendment to the assessment roll; provided that prior to the introduction of the amendment to the assessment roll, the subdivider or consolidators shall deposit with the authority legal tender or a certified check in a sufficient amount to be used to cover the cost of making the allocation and to cover the assessment allocable to areas used or to be used for purposes that are public in nature, such as, but not limited to, roadways, parks, school sites, sewage treatment plant sites and reservoir sites, developed in connection with the subdivision or consolidation.  The cost of making the reallocation of assessments, when determined by the authority, shall be paid into the revolving fund of the authority.
 (c) The amount of assessment, allocable to areas used or to be used for purposes that are public in nature and developed in connection with the subdivision or consolidation, as approved by the authority, shall be credited to the appropriate fund.  The amended assessments shall be a lien upon the subdivided or consolidated lots as of the date of the amended roll.  The amendments shall be paid in installments equal in number to that remaining under the original assessment and at the same rates of assessments and interest.
 (d) No delay, mistake, error, defect, or irregularity in any act or proceeding authorized by this chapter shall prejudice or invalidate any assessment; but the same may be remedied by subsequent or amended acts or proceedings and, when so remedied, the same shall take effect as of the date of the original act or proceedings.  If in any court of competent jurisdiction any assessment made under this chapter is set aside for irregularity in the proceedings, the authority may, upon notice as required in making an original assessment, make a new assessment in accordance with the provisions of this chapter.
 (e) Upon completion of the improvement or improvements and the payment of the cost thereof, the authority shall certify the actual cost of the improvement or improvements together with the amount of the assessments therefor.  [Eff 9/17/84] (Auth:  HRS §§206E-4, 206E-6) (Imp:  HRS §§206E-4, 206E-6)
 

 §15-19-55  Payment of installments.   (a)  In case of an election to pay any assessment in installments, the assessment shall be payable over a term not to exceed thirty years.  Interest shall be paid on the unpaid principal at a rate not exceeding fifteen per cent per annum.  The number of installments, period of payment, the rate of interest, and other repayment terms shall be as determined by the authority.  The authority's determination shall consider the source and cost of funds being used for the financing of assessments, the amount of government funds involved and any constraints thereon, the need for the financing of assessments to be self-sustaining, the prevailing market conditions, and other pertinent matters.
 (b) The owner of any land assessed may at any time after the expiration of the first thirty-day period pay the entire unpaid principal of an assessment, or any portion of the unpaid principal, together with interest on the amount so paid to date for the payment of the next subsequent installment, and the owner shall no longer be liable for the interest which would otherwise have accrued after the date on the amount of principal so prepaid.  Any prepayment of the unpaid principal of an assessment shall be applied to reduce the unpaid principal of the assessment outstanding, shall be credited against the outstanding principal installments in inverse chronological order, and shall not relieve the owner of the land assessed from the payment of the amount of the installment of principal and interest next due.  [Eff 9/17/84, am 11/1/85, am 6/3/95] (Auth:  HRS §§206E-4, 206E-6) (Imp:  HRS §§206E-4, 206E-6)
 

 §15-19-56  Payment in bonds.  The authority may accept in lieu of cash in payment of any assessment, installment thereof, interest, penalty, cost, expense or any portion thereof, bonds of the assessment area in which the land is situated, whether the bonds are outstanding or hereafter issued, to a value of par, plus accrued interest to the date of acceptance of the bonds by the authority.  Upon the receipt of the bonds, the authority shall cancel same and credit the assessment area with the amount allowed on the bonds.  [Eff 9/17/84] (Auth:  HRS §§206E-4, 206E-6) (Imp:  HRS §§206E-4, 206E-6)
 

 §15-19-57  Effect of failure to pay installment.  Failure to pay any installment or any part of an installment, whether of principal or interest or both, when due, shall cause the whole of the unpaid principal to become due and payable immediately, and the delinquent installment or installments or any delinquent part or parts thereof, whether of principal or interest or both, shall thereafter bear penalty at the rate of one and one-half per cent per month or fraction of a month from the date of delinquency until the day of sale as hereinafter provided; but at any time prior to the day of sale the owner may pay the entire amount of the delinquent installment or installments or deliquent part or parts, whether of principal or interest or both, with penalty, and all costs and expenses accrued, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been made.  [Eff 9/17/84] (Auth:  HRS §§206E-4, 206E-6) (Imp:  HRS §§206E-4, 206E-6)
 

 §15-19-58  Owner of undivided interest.  The owner of any undivided interest in any land may pay the whole assessment and may have a joint or several right of action against the other owners of any interest in the land for their proportionate share of the assessment.  [Eff 9/17/84] (Auth:  HRS §§206E-4, 206E-6) (Imp:  HRS §§206E-4, 206E-6)
 

 §15-19-59  Sale in case of default.  In case of default in the payment of any installment of principal and interest when due, the authority shall advertise and sell the property concerning which default is made for the whole of the unpaid assessment thereon, interest and costs.  The sale and advertisement shall be made by the authority in the same manner, under the same conditions and penalties and with the same effect as provided by general law for sale of real property for default in payment of property taxes.  [Eff 9/17/84] (Auth:  HRS §§206E-4, 206E-6) (Imp:  HRS §§206E-4, 206E-6)
 

 §15-19-60  Purchase at sale.  At any sale for default in payment of any assessment as aforesaid, the authority may accept, in lieu of cash, in payment for the land so sold, bonds of the assessment area whether the bonds are then outstanding or hereafter issued, to a value of par plus accrued interest to date of sale.  Upon the receipt of the bonds the authority shall cancel same and credit the assessment area with the amount allowed on the bonds.  [Eff 9/17/84] (Auth:  HRS §§206E-4, 206E-6) (Imp:  HRS §§206E-4, 206E-6)
 

 §15-19-61  Certificate by authority.  The authority shall on request give a certificate in writing to any person making request for same, showing in the certificate the balance due on any individual assessment for improvements for principal, with the date of next installment payment, the number of the installment payment and the amount to be due for the installment payment and particulars of interest and penalty on the next installment date to be due and owing.  [Eff 9/17/84] (Auth:  HRS §§206E-4, 206E-6) (Imp:  HRS §§206E-4, 206E-6)
 

 §15-19-62  Disposition of land bid in by authority at sale for default.  Whenever any land has been bid in by the authority at any sale for default of the owner thereof, the authority in disposing thereof as may by law be authorized, may sell the same upon the following terms and conditions:
 (1) A down payment of twenty per cent of the sale price;
 (2) The balance payable in monthly installments of not less than one and one-third per cent of the total sale price, plus interest at the prevailing rate established by the authority for payment of the unpaid balance of the property owners' share of the cost of assessments within an assessment area created and established under section 15-19-23;
 (3) Failure for thirty days to pay any installment due shall effect an entire forfeiture of the purchaser's right, title and interest in the land and in any payments previously made by him on account thereof;
 (4) The building restrictions as the authority may prescribe; and
 (5) The land when sold shall be subject to real property taxes.  [Eff 9/17/84] (Auth:  HRS §§206E-4, 206E-6) (Imp:  HRS §§206E-4, 206E-6)
 

 §15-19-63  Surcharge fee.  (a)  In the event the authority constructs drainage or sewer improvements benefiting lots of a subsequent improvement district project, the authority may establish a surcharge amount to be levied against the benefiting lots of a subsequent improvement district project.  The surcharge amount shall be determined by the authority based on cost allocation and assessment methods and construction bids for any previous improvement district project from which the lots benefited.
 (b) The authority shall advance payment of the surcharge amount.  The surcharge amount, together with any other assessable costs, shall be assessed against the benefiting properties in accordance with chapter 15-19.  [Eff 2/26/88] (Auth:  HRS §§206E-4, 206E-6) (Imp:  HRS §§206E-4, 206E-6)