The ordinance codified in this article shall be known as the improvement district ordinance. (Ord. 801 § 1 (part), 1974: prior code § 25-1.1)

Whenever in the opinion of the council it is desirable to install any special improvement authorized in this article and assess the cost thereof, including the cost of acquisitions, against the land specially benefited thereby, the council shall do so under the provisions of this article and may authorize the issuance and sale of bonds to provide the funds for such improvements and acquisitions in accordance with the provisions of this article. (Ord. 801 § 1 (part), 1974: prior code § 25-1.2)

This article shall be liberally construed in order to effectuate its purposes. No error, irregularity, informality, and no neglect or omission of officer, in any procedure taken under this article, which does not directly affect the jurisdiction of the council to order the improvement, shall void or invalidate such proceeding or any assessment for the cost of the improvement. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the council. (Ord. 801 § 1 (part), 1974: prior code § 25-1.8)

Unless the context otherwise requires, the definitions set forth in this chapter shall govern the construction of this article. (Ord. 801 § 1 (part), 1974: prior code § 25-1.3(part))

“Acquisition,” or any of its variants, means and includes one or more of the following whenever incidental to or necessary or convenient in connection with improvements authorized and to be installed pursuant to this article:

1. Obtaining title to or a right of service, use or capacity in any improvements authorized to be installed under this article, whether in existence before or to be installed after initiation of proceedings pursuant to this article;

2. Obtaining title to any real property, rights-of-way, easements or interest in real property;

3. The elimination of any fixed special assessment liens previously imposed upon any assessment parcel included in an improvement district, by payments of all amounts necessary to do so. The cost thereof shall be included in the new assessment on such parcel. (Ord. 801 § 1 (part), 1974: prior code § 25-1.3(e))

“Cost” means the cost, either estimated or actual, as the case may be, of the improvements and acquisitions in proceedings conducted pursuant to this article, including amounts for contingencies and incidental expenses. (Ord. 801 § 1 (part), 1974: prior code § 25-1.3(k))

“Council” means the legislative body of the county of Maui. (Ord. 801 § 1 (part), 1974: prior code § 25-1.3(a))

“County” means county of Maui. (Ord. 801 § 1 (part), 1974: prior code § 25-1.3(b))

“Improvement district” means and includes an area within the county which will be specially benefited by the improvement, whether the improvement is within or without or partially within and partially without the boundaries of the improvement district, and specially assessed to pay the cost thereof and which has been designated by the council as an improvement district for the purposes of this article. An improvement district may embrace two or more noncontiguous areas, whether or not the improvement for one such area benefits the other area or areas. If the improvement includes more than one of the various types of improvements enumerated in Section 14.38.010, it is not necessary that each of such improvements benefit all of the property subject to assessment which is within the improvement district. (Ord. 801 § 1 (part), 1974: prior code § 25-1.3(j))

“Incidental expenses” mean and include amounts necessary to be expended for preparation of maps, notices and other documents; posting, mailing and publication of notices; preparation and printing of bonds, bond registers and transfer books; fees of financial, legal, engineering and surveying consultants; allowances for bond discounts and reserve funds; and other miscellaneous expenses which relate directly to the work and acquisitions or the proceedings. (Ord. 801 § 1 (part), 1974: prior code § 25-1.3(m))

“Install,” or any of its variants, means and includes construct, reconstruct and extend. (Ord. 801 § 1 (part), 1974: prior code § 25-1.3(c))

“Land” and “property” means and includes the entire real property interest in and to any lot or parcel. (Ord. 801 § 1 (part), 1974: prior code § 25-1.3(f))

“Lot” or “parcel” means any subdivision of land which is separately shown and assigned an individual tax map key number in the records of the Department of Taxation of the state; and in cases where the land is submitted to a horizontal property regime pursuant to Chapter 514 of the Hawaii Revised Statutes, each apartment and the common interest appertaining thereto shall be subject to assessment pursuant to this article in like manner as other parcels of land, for which purpose, including making amendments of assessments pursuant to Chapter 14.54, each such apartment shall be deemed to be the same percentage of the total frontage or total area, or both, as the case may be, of the regime which is subject to assessment, or was assessed in the case of making amendments of assessments, as the percentage of the undivided interest in the common elements appertaining to such apartment. (Ord. 801 § 1 (part), 1974: prior code § 25-1.3(g))

“Owner” means the person or persons owning the fee, or the person or persons in whose name the legal title to the property appears of public record, or the person or persons in possession of the property and exercising acts of ownership over the same as the executor, administrator, or guardian of the owner. (Ord. 801 § 1 (part), 1974: prior code § 25-1.3(h))

“Person” means and includes partnerships, corporations, associations, or any other private or public legal entity. (Ord. 801 § 1 (part), 1974: prior code § 25-1.3(i))

“Premium” means, as indicated by the context:

A. An amount payable upon an advance payment of unpaid installments of an assessment in accordance with the provisions of Section 14.50.130, which amount is in addition to the unpaid principal amount of the assessment and the interest thereon to the next subsequent annual date for the payment of installments;

B. An amount payable to the holder of a bond issued pursuant to this article which is called by the director of finance for payment before maturity in accordance with the provisions of Section 14.52.090, which amount is in addition to the face amount of such bond and the interest thereon payable to such bondholder;

C. An amount paid by the purchaser of the bonds in excess of the par value of the bonds. (Ord. 801 § 1 (part), 1974: prior code § 25-1.3(n))

“Special improvement” and “improvement” mean any work and improvements authorized to be done and made under this article which are for a public purpose, or which are necessary or incidental to a public purpose, but which are primarily of a special local benefit as distinguished from general benefit. (Ord. 801 § 1 (part), 1974: prior code § 25-1.3(d))

“Unpaid assessments” means assessments, or portions thereof, which are not paid within the thirty-day period specified in Section 14.50.060. (Ord. 801 § 1 (part), 1974: prior code § 25-1.3(o))