Haw. Code R. § 15-24-9 - Reimbursement

Current through February, 2022

(a) Any person displaced as a result of a building, zoning, or other similar code enforcement activity shall be entitled to receive a payment for actual reasonable moving expenses as authorized by this chapter, provided that such displaced person did not lease or rent the premises with knowledge of the violation and was not responsible in any way for the violation. The displacing agency shall have the right to recover from the party responsible for a code violation any monies paid out pursuant to this subsection. Such amount shall be recoverable by the displacing agency in the same manner as a debt due.
(b) If the person responsible for the code violation is the owner of real property from which persons are forced to move because of a code enforcement activity, and such responsible person fails to pay the displacing agency within sixty days after written demand, the displacing agency may claim a lien against the real property from which persons are displaced. This lien shall be in addition to any other remedy the displacing agency may have. Such lien may be foreclosed in the same manner as liens for real property taxes and in accordance with §§ 246-55 to 246-61, HRS.
(c) Payments in accordance with this section to the displacing agency by the party responsible for the code violation shall not relieve the party from complying with the notices ordering compliance with codes issued by the displacing agency.

Notes

Haw. Code R. § 15-24-9
[Eff 2/11/91] (Auth: HRS §§ 206E-4, 206E-10.5) (Imp: HRS §§ 206E-4, 206E-10.5)
§ 15-24-9 is based substantially upon § 15-18-23. [Eff 5/11/85; R 2/11/91]

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