Revised Ordinances of Honolulu

(Link to original Word Processing Version)


    Chapter 6

     RE VOLVING SPECIAL FUNDS, HOUSING MORTGAGE LOANS AND FEES

Articles:
    1.    Municipal Stores Revolving Fund
    2.    Payrolls Clearance Fund
    3.    Highway Fund
    4.    Treasury Trust Fund
    5.    General Trust Fund
    6.    Improvement District Bond and Interest Redemption Fund
    7.    Housing and Community Development Revolving Fund
    8.    General Obligation Bond and Interest Redemption Fund
    9.    Community Renewal Program Fund
    10.    Service Fees for Disposition of Real Property
    11.    Fee Schedule for Public Records
    12.    Public Records
    13.    Federal Grants Fund
    14.    Special Projects Fund
    15.    Furnishing of Electronic Data Processing Services
    16.    General Improvement Bond Fund
    17.    Highway Improvement Bond Fund
    18.    Bus Transportation Fund
    19.    Federal Revenue Sharing Fund
    20.    Highway Beautification and Disposal of Abandoned Vehicles Revolving Fund
    21.    Bikeway Fund
    22.    Community Development Fund
    23.    Housing and Community Development Section 8 Contract Fund
    24.    Farmers Home Administration Loan Fund
    25.    Parks and Playgrounds Fund
    26.    Housing and Community Development Rehabilitation Loan Fund
    27.    State Special Use Permit
    (28.    Special Trust Fund. Repealed by Ord. 00-07)
    28.    Reserved
    29.    Standards for the Appropriation of Funds to Private Organizations
    30.    Liquor Commission Fund
    (31.    Housing Assistance Fund. Repealed by Ord. 98-30)
    31.    Reserved
    32.    Establishing Maximum Interest Rate for Urban Renewal Project Notes
    33.    Establishing Maximum Interest for General Obligation Bonds
    34.    Housing Loan and Mortgage Programs
    35.    Hotel and Boardinghouse Annual License Fee
    36.    Capital Projects Fund
    37.    Federal Grants Capital Projects Fund
    38.    Leisure Services Incentive Fund
    39.    Landscaping and Beautification
    40.    Application Fees for General Plan , Development Plan , and Public Infrastructure Map Amendments
    41.    Fee Schedule for Land Use Ordinance--Applications and Variances
    42.    Deferred Compensation Fund
    43.    Charges by Municipal Reference and Records Center for Computer On-Line Service
    44.    Fees and Charges for Services of the Honolulu Police Department
    45.    Rental Assistance Fund
    46.    Housing Development Special Fund
    47.    Wastewater System Facility Charge
    (48.    Motor Vehicle Registration Fund. Repealed by Ord. 97-42)
    48.    Solid Waste Improvement Bond Fund
    (49.    Recycling Fund. Repealed by Ord. 99-22)
    49.    Solid Waste Special Fund
    50.    Zoo Animal Purchase Fund
    51.    Hanauma Bay Nature Preserve Fund
    52.     Reserved
    53.    Special Events Fund
    54.    Sewer Revenue Bond Improvement Fund
    55.     Reserved
    56.     Reserve for Fiscal Stability Fund
    57.    Golf Fund
     58.    Contribution to the County
     59.    Land Conservation Fund
     60 .     Transportation Surcharge—Use of Funds
     61.    Transit Fund
     62 .    Clean Water and Natural Lands Fund
     63 .     Affordable Housing Fund
     64 .     Other Post-Employment Benefits Reserve Fund
         

    Article 1. Municipal Stores Revolving Fund

Sections:
    6-1.1    Creation.
    6-1.2    Payments and expenditures.

Sec. 6-1.1    Creation.
    There is created a fund to be known as the "municipal stores revolving fund." (Sec. 5-2.1, R.O. 1978 (1983 Ed.))

Sec. 6-1.2    Payments and expenditures.
    Payments into and expenditures from the municipal stores revolving fund shall be made pursuant to such regulations and requirements as shall be established and made from time to time by action of the council or of the director of finance with the approval of the mayor and council. (Sec. 5-2.2, R.O. 1978 (1983 Ed.))

    Article 2. Payrolls Clearance Fund

Sections:
    6-2.1    Creation.
    6-2.2    Authorization.

Sec. 6-2.1    Creation.
    There is created a working capital fund to be known as the "payrolls clearance fund." (Sec. 5-3.1, R.O. 1978 (1983 Ed.))

Sec. 6-2.2    Authorization.
    The director of finance is authorized to approve claims payable out of the payrolls clearance fund, only when such claims are accompanied by properly executed distribution vouchers, requesting the issuance of warrants chargeable to the respective funds or appropriation accounts against which the segregated amounts of the total payrolls listed on such claims are legally chargeable, and payable to the payrolls clearance fund in amounts, the total of which is equal to the total of payroll claims sought to be charged to the payrolls clearance fund. (Sec. 5-3.2, R.O. 1978 (1983 Ed.))

    Article 3. Highway Fund *

Sections:
    6-3.1    Redesignation.

Sec. 6-3.1    Redesignation.
    The special fund designated as "road fund" is redesignated "highway fund" pursuant to the provisions of HRS Section 249-18, as amended. (Sec. 5-4.1, R.O. 1978 (1983 Ed.))

    Article 4. Treasury Trust Fund

Sections:
    6-4.1    Creation.
    6-4.2    Purpose.
    6-4.3    Administration.
    6-4.4    Disposition of unclaimed moneys.

Sec. 6-4.1    Creation.
    There is created and established a special trust fund to be known as the "treasury trust fund." (Sec. 5-6.1, R.O. 1978 (1983 Ed.))

Sec. 6-4.2    Purpose.
    All moneys received by the various agencies of the city for specific purposes, as trustee, escrow agent, custodian or security holder and which moneys are found by the director of finance, in view of the nature of the purposes for which the same have been received, to require expeditious disbursement shall be deposited into the treasury trust fund from which the director of finance may authorize disbursements through checking accounts. Such moneys shall be maintained by separate accounts according to, and used for, the purposes for which such moneys are received. (Sec. 5-6.2, R.O. 1978 (1983 Ed.))

Sec. 6-4.3    Administration.
    The administrative head of each city agency shall be responsible for the administration of the respective agency account or accounts in the treasury trust fund under such procedures as may be prescribed by the director of finance. (Sec. 5-6.3, R.O. 1978 (1983 Ed.))

Sec. 6-4.4    Disposition of unclaimed moneys.
    All moneys deposited into the treasury trust fund, not used for the purposes for which such moneys were received, and remaining unclaimed for a period of at least five years after the purposes for which such moneys were originally received have ceased to exist, shall be transferred into the general fund of the city as general realization. (Sec. 5-6.4, R.O. 1978 (1983 Ed.))

    Article 5. General Trust Fund

Sections:
    6-5.1    Creation.
    6-5.2    Purpose.
    6-5.3    Administration.
    6-5.4    Disposition of unclaimed moneys.

Sec. 6-5.1    Creation.
    There is created and established a special trust fund to be known as the "general trust fund." (Sec. 5-7.1, R.O. 1978 (1983 Ed.))

Sec. 6-5.2    Purpose.
    All moneys received by the various agencies of the city for specific purposes, as trustee, escrow agent, donee, beneficiary, custodian or security holder, for which no special trust fund exists, shall be deposited into the general trust fund and maintained in separate accounts according to, and used for, the purposes for which such moneys are received; provided, that gifts and donations shall be first accepted by the council pursuant to Revised Charter of Honolulu Section 13-113. (Sec. 5-7.2, R.O. 1978 (1983 Ed.))

Sec. 6-5.3    Administration.
    The administrative head of each city agency shall be responsible for the administration of the respective agency account or accounts in the general trust fund under such procedures as may be prescribed by the director of finance. (Sec. 5-7.3, R.O. 1978 (1983 Ed.))

Sec. 6-5.4    Disposition of unclaimed moneys.
    All moneys deposited into the general trust fund, not used for the purposes for which such moneys were received, and remaining unclaimed for a period of at least five years after the purposes for which such moneys were originally received have ceased to exist, shall be transferred into the general fund of the city as general realization. (Sec. 5-7.4, R.O. 1978 (1983 Ed.))

    Article 6. Improvement District Bond and Interest Redemption Fund

Sections:
    6-6.1    Creation.
    6-6.2    Administration.

Sec. 6-6.1    Creation.
    There is created and established a special fund to be known as the "improvement district bond and interest redemption fund." The director of finance shall transfer from the improvement district assessment fund into the improvement district bond and interest redemption fund such moneys as are required for the payment of principal of and interest on the bonds as are issued under Articles 23 through 30 of Chapter 14, ROH 1990, when the same becomes due and payable. (Sec. 5-8.1, R.O. 1978 (1983 Ed.))

Sec. 6-6.2    Administration.
    The director of finance shall be responsible for the administration of the improvement district bond and interest redemption fund under such procedures as may be prescribed by the director. (Sec. 5-8.2, R.O. 1978 (1983 Ed.))

    Article 7. Housing and Community Development Revolving Fund

Sections:
    6-7.1    Creation.
    6-7.2    Purpose.
    6-7.3    Administration.
    6-7.4    Disposition of unexpended balance.

Sec. 6-7.1    Creation.
    There is created and established a working capital fund to be known as the "housing and community development revolving fund." (Sec. 5-9.1, R.O. 1978 (1983 Ed.))

Sec. 6-7.2    Purpose.
    The purpose of the housing and community development revolving fund is to facilitate the expenditure of joint costs allocable to the separate programs undertaken by the department of housing and community development. (Sec. 5-9.2, R.O. 1978 (1983 Ed.))

Sec. 6-7.3    Administration.
    The administrative head of the department of housing and community development shall be responsible for the administration of the fund under such procedures as may be prescribed by the director of finance. (Sec. 5-9.3, R.O. 1978 (1983 Ed.))

Sec. 6-7.4    Disposition of unexpended balance.
    All moneys remaining unexpended in the housing and community development revolving fund after the purposes for which such moneys were originally deposited have ceased to exist, shall be transferred to the funds from which the working capital was originally provided. (Sec. 5-9.4, R.O. 1978 (1983 Ed.))

    Article 8. General Obligation Bond and Interest Redemption Fund

Sections:
    6-8.1    Creation.
    6-8.2    Purpose.

Sec. 6-8.1    Creation.
    There is created and established a special fund to be known as the "general obligation bond and interest redemption fund." (Sec. 5-10.1, R.O. 1978 (1983 Ed.))

Sec. 6-8.2    Purpose.
    All moneys as are provided for the payment of principal of and interest on general obligation bonds of the City and County of Honolulu shall be deposited into the general obligation bond and interest redemption fund, and shall be used only for the payment of such principal and interest when the same become due and payable. (Sec. 5-10.2, R.O. 1978 (1983 Ed.))

    Article 9. Community Renewal Program Fund

Sections:
    6-9.1    Creation.

Sec. 6-9.1    Creation.
    There is created and established a special fund to be known as the "community renewal program fund." All community renewal program grant moneys received from the United States of America under Title I of the Housing Act of 1949, as amended, shall be deposited into the community renewal program fund, and all budgetary appropriations made for the community renewal program shall be transferred to the fund. All moneys deposited or transferred into the fund shall be used only for the purposes for which such moneys were received or appropriated. (Sec. 5-12.1, R.O. 1978 (1983 Ed.))

    Article 10. Service Fees for Disposition of Real Property

Sections:
    6-10.1     Property sold at public auction.
    6-10.2     Property disposed of by negotiated sale or exchange.

Sec. 6-10.1    Property sold at public auction.
    Whenever any real property, or any interest therein, owned by the city is sold at public auction, the purchaser thereof shall pay, in addition to the purchase price, fees for services rendered by the city in connection with such sale according to the following schedule:

        Services    Fee
    Advertising    Actual cost
    Appraisal    Actual cost but not less than $25.00
    Preparation or processing of document of conveyance    $20.00
    Preparation or processing of map land description    $25.00
    Survey    Actual cost
(Sec. 5-14.1, R.O. 1978 (1983 Ed.))

Sec. 6-10.2    Property disposed of by negotiated sale or exchange.
    Whenever any real property, or any interest therein, owned by the city is disposed of by negotiated sale or exchange, no service fee for such sale or exchange shall be charged by the city; provided, however, where the proceeds from such negotiated sale or exchange do not inure to the exclusive use of the city, the purchaser thereof shall be charged with service fees, in accordance with the schedule provided in Section 6-10.1. (Sec. 5-14.1, R.O. 1978 (1983 Ed.))

    Article 11. Fee Schedule for Public Records

Sections:
    6-11.1    Charges for extracts, certified copies and searches of public records.
    6-11.2    Charges for publications.
    6-11.3    Applicability.
    6-11.4    Exemption from payment of fees and charges.
    6-11.5    Director of finance to administer.

Sec. 6-11.1    Charges for extracts, certified copies and searches of public records.
    Except as otherwise provided in this article, a copy or extract of any public document or record which is open to inspection of the public shall be furnished to any person applying for the same by the public officer having custody or control thereof pursuant to the following schedule of fees:
    (a)    Duplicated copy of any record (by duplicating machines including, but not limited to, microfilm printer, Thermofax, Verifax, Xerox, etc.)
                For the first page of each document or record        $ .50
                Each additional page or copy thereof         .25
    (b)    Abstract of information from public record
                Each page         .50
                Each additional copy         .25
    (c)    Typewritten copy of any record
                Per 100 words or fraction thereof         1.00
    (d)    Copy of map, plan, diagram
         Black and White Reproductions
                Up to 22" x 36" size; per sheet         5.00
                Larger than 22" x 36" size;    prevailing commercial rate,
                with minimum charge per sheet         5.00
         Color Reproductions
                Up to 8 ½” by 14”; per sheet         1.00
                Up to 11” x 17”; per sheet         2.00
                Larger than 11" x 17";    prevailing commercial rate
                with minimum charge per sheet         25.00
         Black and White or Color Custom Prints
                For each 10 minutes or fraction thereof of searching, creation, and printing of document;
                per sheet         5.00
    (e)    Photograph or photograph enlargement    Prevailing commercial rate
    (f)    City clerk's certificate of voter registration         .50
    (g)    Voter registration lists (in printed forms as may be available)    1.00 per precinct
    (h)    Certified copy of medical examiner's report and autopsy report         5.00
    (i)    Medical information extracted from health department records for
            insurance companies and other firms         5.00
    (j)    Certified statement attesting to veracity of information obtained from public records
                Per 100 words of statement or fraction thereof         1.00
    (k)    Certification by public officer or employee as to correctness     (or in attestation that document is a true copy) of any document, including maps, plans, and diagrams
                Per page         .50
    (l)    Use of motion picture film for the purpose of producing     a copy, subject to the terms, conditions and covenants contained
            in an agreement between the city and the party seeking to use the film for the purpose stated herein.
                Per minute of film         2.00
    (m)    Searches of real property tax records
                For each 15 minutes or fraction thereof of searching and typing         4.75
(Sec. 5-15.1, R.O. 1978 (1983 Ed.); Am. Ord. 99-29, 03-12)

Sec. 6-11.2    Charges for publications.
(a)    Charges for publications shall be based on cost, including reproduction costs, mailing and other handling charges attributable to making the publication available to the public.
(b)    The term "publications" refers to copies of documents which are reproduced on a volume basis for general distribution and shall include, but not be limited to, such items as: ordinances, engineering and construction standards, directories, manuals and handbooks.
(Sec. 5-15.2, R.O. 1978 (1983 Ed.))

Sec. 6-11.3    Applicability.
    The fees established in this article shall have no application to the furnishing of copies or extracts of public documents or records for which fees have been established by statutory provisions where such statutory provisions have not been superseded. (Sec. 5-15.3, R.O. 1978 (1983 Ed.))

Sec. 6-11.4    Exemption from payment of fees and charges.
(a)    The following agencies and organizations may be exempted from the payment of fees established in this article, as well as charges to cover mailing and other handling costs by the public officer having custody or control of the records involved:
    (1)    Government agencies requiring the records or publications for official purposes;
    (2)    Nonprofit organizations directly concerned with the matter involved in the records or publications; provided, however, that exemption from payment of fees and/or charges shall be limited to one copy or one set of such records or publications;
    (3)    Newspapers; provided, however, that exemption from payment of fees and/or charges shall be limited to one copy or one set of such records or publications; and
    (4)    Organizations which have arranged reciprocal agreement with a city agency for mutual exchange of records and publications.
(b)    The director of finance may waive fees and/or charges for the following:
    (1)    Educational materials necessary for carrying out an agency program; or
    (2)    Distribution of records and publications when such distribution is of benefit and interest to the city; or
    (3)    Records or publications required by a student engaged in studying city operations as part of such student's school assignment; provided, however, that exemption from payment of fees and/or charges shall be limited to one copy or one set of such records or publications.
(c)    Political parties shall be furnished, without charge, three copies of the voter registration lists of all precincts. Candidates who have filed for public elective offices shall be furnished, without charge, one copy of such current voter registration lists as may be requested by the candidate, provided that such lists are available for distribution. Additional copies in excess of the number to be furnished without charge as hereinabove stated shall be furnished upon payment of the fees specified in Section 6-11.1 (g).
(Sec. 5-15.4, R.O. 1978 (1983 Ed.))

Sec. 6-11.5    Director of finance to administer.
    The provisions of this article shall be administered by the director of finance, and the director shall be authorized to determine the specific organizations and agencies which shall be exempt from the payment of fees for public records and charges for publications, and to determine the specific records and/or publications for which no fees or charges shall be required. (Sec. 5-15.5, R.O. 1978 (1983 Ed.))

    Article 12. Public Records

Sections:
    6-12.1    Defined.
    6-12.2    Storage of public records.

Sec. 6-12.1    Defined.
    The term "public records" shall be as defined in HRS Section 92-50. (Sec. 5-16.1, R.O. 1978 (1983 Ed.))

Sec. 6-12.2    Storage of public records.
    The managing director shall promulgate rules and regulations regarding the maintenance and storage of public records for all city agencies pursuant to HRS Chapter 91. Said regulations shall be complementary to HRS Section 92-51, and shall provide for but not be limited to:
(a)    Guidelines to be utilized in determining which documents must remain confidential to prevent invasions of privacy;
(b)    Segregation of all public records into confidential files and files open to public inspection;
(c)    Maintenance of separate storage facilities for open and confidential files;
(d)    Listing (by title) of all records in confidential files;
(e)    Certification by the corporation counsel that each document contained in confidential files is not a public record as defined in Section 6-12.1.
(Sec. 5-16.2, R.O. 1978 (1983 Ed.))

    Article 13. Federal Grants Fund

Sections:
    6-13.1    Creation.
    6-13.2    Purpose.

Sec. 6-13.1    Creation.
    There is created and established a special fund to be known as the "federal grants fund." (Sec. 5-17.1, R.O. 1978 (1983 Ed.))

Sec. 6-13.2    Purpose.
    All moneys received from the United States of America as grants for specific projects, in addition to supporting moneys from other sources, where such moneys are not accounted for in any other fund, shall be deposited into the federal grants fund. Any related budgetary appropriations of city moneys shall be transferred into the fund. All moneys deposited or transferred into the fund shall be maintained in separate accounts identified with, and expended for, the purposes for which such moneys are received or appropriated. (Sec. 5-17.2, R.O. 1978 (1983 Ed.))

    Article 14. Special Projects Fund

Sections:
    6-14.1    Creation.
    6-14.2    Purpose.

Sec. 6-14.1    Creation.
    There is created and established a special fund to be known as the "special projects fund." (Sec. 5-18.1, R.O. 1978 (1983 Ed.))

Sec. 6-14.2    Purpose.
    All moneys received under special contracts entered into by and between the city and the state, such as for maintenance of state highways, and all moneys received from various other sources for operating and capital improvement expenses for which no financing has been provided in other funds, such as contributions from property owners exclusive of improvement district assessment collections, shall be deposited into the special projects fund and expended for the purposes authorized. (Sec. 5-18.2, R.O. 1978 (1983 Ed.))

    Article 15. Furnishing of Electronic Data Processing Services

Sections:
    6-15.1    Definitions.
    6-15.2    Policy and conditions governing availability of public data.
    6-15.3    Charges for furnishing electronic data processing services.
    6-15.4    Exemption from payment of charges.
    6-15.5    Administration.
    6-15.6    Violation--Penalty.

Sec. 6-15.1    Definitions.
    As used in this article:
    "Public data" means information stored by the department of data systems which may be released to the public pursuant to Revised Charter of Honolulu Section 13-105, City and County of Honolulu, and accessibility of which is in accordance with rules and regulations promulgated by the managing director to implement Ordinance 78-21 (Article 12 of this chapter).
An invasion of "the right of privacy of individuals" shall be deemed to result from, but shall not be limited to, the granting of access to:
    (1)    Criminal history records and investigatory files compiled for law enforcement purposes;
    (2)    Applications for licenses or permits required by law;
    (3)    Personnel and employment records, employment examinations and personal references of applicants for employment. However, an examinee shall have the right to review his or her own completed examination;
    (4)    Medical records;
    (5)    Credit histories; and
    (6)    Information of a personal nature when disclosure would result in economic or personal hardship to the subject party which outweighs the public's fundamental right of access to information concerning the conduct of city agencies.
(Sec. 5-19.1, R.O. 1978 (1983 Ed.))

Sec. 6-15.2    Policy and conditions governing availability of public data.
        The following policy shall govern the availability of public data:
(a)    Public data may be obtained by governmental agencies and the general public from the department of data systems in the medium (such as compact disk) as determined by the department of data systems.
(b)    The following conditions shall apply to the release, sale or rent of public data:
    (1)    The applicant must obtain written permission from the head of the agency which controls the data, which permission shall be withheld in circumstances where release of the data would result in the invasion of the right of privacy of individuals;
    (2)    The agency which controls the data may place restrictions on the use of that data in any circumstances where it deems such restrictions are necessary to protect the right of privacy of individuals;
    (3)    All federal, state and county statutes and rules and regulations regarding accessibility, privacy and security shall apply;
    (4)    The director of data systems may decline the request if special programming or operating procedures must be developed to meet the needs of the applicant;
    (5)    The responsible officer of the agency shall review the request with the department of data systems;
    (6)    The request shall be processed by the department of data systems on a Anot to interfere@ basis with respect to other jobs being processed for governmental agencies.
(c)    This article shall not apply to data under the control of the Honolulu police department or the prosecutor=s office of the City and County of Honolulu or other agencies making up the criminal justice system.
(Sec. 5-19.2, R.O. 1978 (1983 Ed.); Am. Ord. 98-62)

Sec. 6-15.3    Charges for furnishing electronic data processing services.
    Charges for data processing services shall be computed on the basis of the cost of equipment, time, labor and materials used in connection with processing the request for data. The director of data systems shall promulgate rules and regulations prescribing the method of computing said charges. (Sec. 5-19.3, R.O. 1978 (1983 Ed.))

Sec. 6-15.4    Exemption from payment of charges.
    Government agencies requiring data for public purposes may be exempt from all or a portion of the cost of services provided by the department of data systems. (Sec. 5-19.4, R.O. 1978 (1983 Ed.))

Sec. 6-15.5    Administration.
    The provisions of this article shall be administered by the director of finance and the director shall be authorized to determine when government agencies may be exempt from payment of charges. (Sec. 5-19.5, R.O. 1978 (1983 Ed.))

Sec. 6-15.6    Violation -- Penalty.
    It is unlawful for any person to use data in violation of restrictions placed upon its use in accordance with Section 6-15.2(b)(2), and violation of said provisions shall be punishable by a fine not to exceed $1,000.00, or imprisonment not to exceed 30 days, or both. (Sec. 5-19.6, R.O. 1978 (1983 Ed.); Am. Ord. 98-62)

    Article 16. General Improvement Bond Fund

Sections:
    6-16.1    Creation.
    6-16.2    Deposit.
    6-16.3    Source of payment.

Sec. 6-16.1    Creation.
    There is created and established a special fund to be known as the "general improvement bond fund." (Sec. 5-20.1, R.O. 1978 (1983 Ed.))

Sec. 6-16.2    Deposit.
    There shall be deposited into the general improvement bond fund the proceeds of the sale of general obligation bonds of the city and county issued to pay all or part of those appropriations for public improvements made in the capital budget ordinance of the city and county and specified therein to be expended from the general improvement bond fund. (Sec. 5-20.2, R.O. 1978 (1983 Ed.))

Sec. 6-16.3    Source of payment.
    There shall be paid from the general improvement bond fund the costs of public improvements appropriated in said capital budget ordinance and specified therein to be expended from the general improvement bond fund. (Sec. 5-20.3, R.O. 1978 (1983 Ed.))

    Article 17. Highway Improvement Bond Fund

Sections:
    6-17.1    Creation.
    6-17.2    Deposit.
    6-17.3    Source of payment.

Sec. 6-17.1    Creation.
    There is created and established a special fund to be known as the "highway improvement bond fund." (Sec. 5-21.1, R.O. 1978 (1983 Ed.))

Sec. 6-17.2    Deposit.
    There shall be deposited into the highway improvement bond fund the proceeds of the sale of general obligation bonds of the city and county issued to pay all or part of those appropriations for public improvements made in the capital budget ordinance of the city and county and specified therein to be expended from the highway improvement bond fund. (Sec. 5-21.2, R.O. 1978 (1983 Ed.))

Sec. 6-17.3    Source of payment.
    There shall be paid from the highway improvement bond fund the costs of public improvements appropriated in said capital budget ordinance and specified therein to be expended from the highway improvement bond fund. (Sec. 5-21.3, R.O. 1978 (1983 Ed.))

    Article 18. Bus Transportation Fund

Sections:
    6-18.1    Creation.
    6-18.2    Purpose.

Sec. 6-18.1    Creation.
    There is created and established a special fund to be known as the "bus transportation fund." (Sec. 5-23.1, R.O. 1978 (1983 Ed.))

Sec. 6-18.2    Purpose.
    This fund is for the following purposes:
(a)    For city bus system purposes, including:
    (1)    The management, operation and maintenance of the city bus system; and
    (2)    The pro rata share of the expenses of the department of transportation services attributable to the administration of the city bus system.
(b)    As a depository for all revenues generated by or received from the city bus system.
(Sec. 5-23.2, R.O. 1978 (1983 Ed.); Am. Ord. 91-27, 97-02)

    Article 19. Federal Revenue Sharing Fund

Sections:
    6-19.1    Creation.
    6-19.2    Purpose.
    6-19.3    Administration.

Sec. 6-19.1    Creation.
    There is created and established a special fund to be known as the "federal revenue sharing fund." (Sec. 5-24.1, R.O. 1978 (1983 Ed.))

Sec. 6-19.2    Purpose.
(a)    There shall be deposited into the federal revenue sharing fund all moneys received from the United States of America under the State and Local Fiscal Assistance Act of 1972. All moneys deposited into this fund shall be expended for "priority expenditure" purposes authorized by the provisions of said Act based on appropriations in the operating budget and capital budget ordinances. The appropriations shall be explicit as to the purpose for which intended, and shall be accompanied by a statement of such conditions and restrictions as may apply to ensure full compliance with said Act.
(b)    Priority expenditure purposes outlined in said Act mean only:
    (1)    Ordinary and necessary maintenance and operating expenses for:
        (A)    Public safety (including law enforcement, fire protection and building code enforcement),
        (B)    Environmental protection (including sewage disposal, sanitation and pollution abatement),
        (C)    Public transportation (including transit systems and streets and roads),
        (D)    Health,
        (E)    Recreation,
        (F)    Libraries,
        (G)    Social services for the poor and aged, and
        (H)    Financial administration;
    (2)    Ordinary and necessary capital expenditures authorized by law.
(Sec. 5-24.2, R.O. 1978 (1983 Ed.))

Sec. 6-19.3    Administration.
    The director of finance and the chief budget officer shall be responsible for the administration of this fund. Expenditures from this fund shall be in accordance with prescribed laws and procedures applicable to expenditures of city revenues. (Sec. 5-24.3, R.O. 1978 (1983 Ed.))

    Article 20. Highway Beautification and Disposal of Abandoned Vehicles Revolving Fund

Sections:
    6-20.1    Creation.
    6-20.2    Purpose.
    6-20.3    Expenditures.
    6-20.4    Administration.

Sec. 6-20.1    Creation.
        There is created and established a special fund to be known as the "highway beautification and disposal of abandoned vehicles revolving fund." (Sec. 5-25.1, R.O. 1978 (1983 Ed.))

Sec. 6-20.2    Purpose.
        There shall be deposited into the highway beautification and disposal of abandoned vehicles revolving fund all receipts from the fee permitted under HRS Section 286-51. The fee assessed and collected shall be $1 per vehicle for U-Drive motor vehicles, and $5 per vehicle for motor vehicles other than U-Drive motor vehicles. All moneys deposited into this fund shall be expended for:
(a)    Beautification and other related activities of primary highways under the ownership, control and jurisdiction of the city; and
(b)    Disposition and other related activities of abandoned vehicles as prescribed in HRS Chapter 290.
(Sec. 5-25.2, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 02-30, 03-13)

Sec. 6-20.3    Expenditures.
    All expenditures from this fund shall be for purposes authorized herein, based on appropriations in the operating budget and/or capital budget ordinances. (Sec. 5-25.3, R.O. 1978 (1983 Ed.))

Sec. 6-20.4    Administration.
    The director of finance and the chief budget officer shall be responsible for the administration of this fund. Expenditures from this fund shall be in accordance with prescribed laws and procedures applicable to expenditures of city revenues. (Sec. 5-25.4, R.O. 1978 (1983 Ed.))

    Article 21. Bikeway Fund

Sections:
    6-21.1    Creation.
    6-21.2    Purpose.
    6-21.3    Expenditures.
    6-21.4    Administration.

Sec. 6-21.1    Creation.
    There is created and established a special fund to be known as the "bikeway fund." (Sec. 5-26.1, R.O. 1978 (1983 Ed.))

Sec. 6-21.2    Purpose.
    There shall be deposited into the bikeway fund all receipts from the biennial registration fee of eight dollars levied and collected under HRS Section 249-14, as amended from time to time. All moneys deposited into this fund shall be expended for:
(a)    Acquisition, design, construction, improvement, repair and maintenance of bikeways, including the installation and repair of storm drains and bridges;
(b)    Installation, maintenance and repair of bikeway lights and power, including replacement of old bikeway lights;
(c)    Purposes and functions connected with traffic control and preservation of safety upon bikeways; and
(d)    Payment of interest on and redemption of bonds issued to finance bikeway construction and improvements.
(Sec. 5-26.2, R.O. 1978 (1983 Ed.); Am. Ord. 92-67)

Sec. 6-21.3    Expenditures.
    All expenditures from this fund shall be for purposes authorized herein, based on appropriations in the operating budget and/or capital budget ordinances. (Sec. 5-26.3, R.O. 1978 (1983 Ed.))

Sec. 6-21.4    Administration.
    The director of finance and the chief budget officer shall be responsible for the administration of this fund. Expenditures from this fund shall be in accordance with prescribed laws and procedures applicable to expenditures of city revenues. (Sec. 5-26.4, R.O. 1978 (1983 Ed.))

    Article 22. Community Development Fund

Sections:
    6-22.1    Creation.
    6-22.2    Purpose.
    6-22.3    Administration.

Sec. 6-22.1    Creation.
    There is created and established a special fund to be known as the "community development fund." (Sec. 5-27.1, R.O. 1978 (1983 Ed.))

Sec. 6-22.2    Purpose.
    There shall be deposited into the community development fund all moneys received from the United States of America under the Housing and Community Development Act of 1974. All moneys deposited into this fund shall be expended for the primary objective of the community development program as authorized by the provisions of said Act based on appropriations in the operating budget and capital budget ordinances. The primary objective is the development of viable urban communities, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income.
(a)    This primary objective is for the support of community development activities which are directed toward the following specific objectives:
    (1)    The elimination of slums and blight and the prevention of blighting influences and the deterioration of property and neighborhood and community facilities of importance to the welfare of the community, principally persons of low and moderate income;
    (2)    The elimination of conditions which are detrimental to health, safety and public welfare, through code enforcement, demolition, interim rehabilitation assistance and related activities;
    (3)    The conservation and expansion of the nation's housing stock in order to provide a decent home and a suitable living environment for all persons, but principally those of low and moderate income;
    (4)    The expansion and improvement of the quantity and quality of community services, principally for persons of low and moderate income, which are essential for sound community development and for the development of viable urban communities;
    (5)    A more rational utilization of land and other natural resources and the better arrangement of residential, commercial, industrial, recreational and other needed activity centers;
    (6)    The reduction of the isolation of income groups within communities and geographical areas and the promotion of an increase in the diversity and vitality of neighborhoods through the spatial deconcentration of housing opportunities for persons of lower income and the revitalization of deteriorating or deteriorated neighborhoods to attract persons of higher income; and
    (7)    The restoration and preservation of properties of special value for historic, architectural or esthetic reasons.
(b)    It is also the purpose of said Act to further the development of a national urban growth policy by consolidating a number of complex and overlapping programs of financial assistance to communities of varying sizes and needs into a consistent system of federal aid which:
    (1)    Provides assistance on an annual basis, with maximum certainty and minimum delay, upon which communities can rely in their planning;
    (2)    Encourages community development activities which are consistent with comprehensive local and area-wide development planning;
    (3)    Furthers achievement of the national housing goal of a decent home and a suitable living environment for every American family; and
    (4)    Fosters the undertaking of housing and community development activities in a coordinated and mutually supportive manner.
(Sec. 5-27.2, R.O. 1978 (1983 Ed.))

Sec. 6-22.3    Administration.
    The director of finance and the chief budget officer shall be responsible for the administration of this fund. Expenditures from this fund shall be in accordance with prescribed laws and procedures applicable to expenditures of city revenues. (Sec. 5-27.3, R.O. 1978 (1983 Ed.))

    Article 23. Housing and Community Development Section 8 Contract Fund

Sections:
    6-23.1    Creation.
    6-23.2    Purpose.
    6-23.3    Administration.

Sec. 6-23.1    Creation.
    There is created and established a special fund to be known as the "housing and community development Section 8 contract fund." (Sec. 5-29.1, R.O. 1978 (1983 Ed.))

Sec. 6-23.2    Purpose.
    There shall be deposited into the housing and community development Section 8 contract fund all moneys received from the United States of America under the Housing and Community Development Act of 1974 for the purposes set forth under Title II of said Act, and expended for such purposes. (Sec. 5-29.2, R.O. 1978 (1983 Ed.))

Sec. 6-23.3    Administration.
    The administrative head of the department of housing and community development shall be responsible for the administration of the housing and community development Section 8 contract fund in accordance with disbursement procedures prescribed by the director of finance. (Sec. 5-29.3, R.O. 1978 (1983 Ed.))

    Article 24. Farmers Home Administration Loan Fund

Sections:
    6-24.1    Creation.
    6-24.2    Purpose.
    6-24.3    Administration.

Sec. 6-24.1    Creation.
    There is created and established a special fund to be known as the "Farmers Home Administration loan fund." (Sec. 5-30.1, R.O. 1978 (1983 Ed.))

Sec. 6-24.2    Purpose.
    All proceeds from the issuance and sale of bonds to the United States of America, Farmers Home Administration, shall be deposited into the Farmers Home Administration loan fund for the purpose of financing portions of the cost of such projects as are approved by the Farmers Home Administration for undertaking by the city. (Sec. 5-30.2, R.O. 1978 (1983 Ed.))

Sec. 6-24.3    Administration.
    The director of finance shall be responsible for the administration of this fund in accordance with prescribed laws and procedures applicable to expenditure of city funds. (Sec. 5-30.3, R.O. 1978 (1983 Ed.))

    Article 25. Parks and Playgrounds Fund

Sections:
    6-25.1    Creation.
    6-25.2    Purpose.
    6-25.3    Administration.

Sec. 6-25.1    Creation.
    There is created and established a special fund to be known as the "parks and playgrounds fund." (Sec. 5-32.1, R.O. 1978 (1983 Ed.))

Sec. 6-25.2    Purpose.
    All moneys received by the city pursuant to Section 22-7.6, ROH 1990, shall be deposited into the parks and playgrounds fund to be expended for the purposes prescribed in Section 22-7.6. (Sec. 5-32.2, R.O. 1978 (1983 Ed.))

Sec. 6-25.3    Administration.
    The director of finance and the chief budget officer shall be responsible for the administration of this fund in accordance with prescribed laws and procedures applicable to expenditures of city funds. (Sec. 5-32.3, R.O. 1978 (1983 Ed.))

    Article 26. Housing and Community Development Rehabilitation Loan Fund

Sections:
    6-26.1    Definitions.
    6-26.2    Title.
    6-26.3    Purpose.
    6-26.4    Limitations concerning rehabilitation loans.
    6-26.5    Rules and regulations.

Sec. 6-26.1    Definitions.
    "Concentrated code enforcement project area" means a deteriorated or deteriorating area as described by Section 105(a)(3) of the Housing and Community Development Act of 1974.
    "Department" means the department of housing and community development.
    "Eligible applicant" means one or more persons who own or lease a parcel of land.
    "General property improvement" means the general renovation, improvement, alteration, expansion and enhancement of a property.
    "Local code requirements" means requirements of fire, health, safety, sanitation, building and other requirements as cited in various laws, ordinances, codes and regulations of the City and County of Honolulu.
    "Project standards" means code requirements of a concentrated code enforcement project and a rehabilitation project, and provisions of the urban renewal plan for the urban renewal project.
    "Rehabilitation project area" means an area designated by the administering department, with the consent of the city council, for a voluntary property rehabilitation program.
    "Rehabilitation" means the necessary and required improvement of a property in accordance with project standards or local code requirements.
    "Urban renewal project area" means a slum or blighted, deteriorated or deteriorating area as defined by HRS Section 53-51. (Sec. 5-33.1, R.O. 1978 (1983 Ed.))

Sec. 6-26.2    Title.
    There is created and established a "housing and community development rehabilitation loan fund," which may be cited as "H&CD loan fund." (Sec. 5-33.2, R.O. 1978 (1983 Ed.))

Sec. 6-26.3    Purpose.
(a)    The purposes of this fund are:
    (1)    To make loan money available primarily to low- and moderate-income applicants who are owners or lessees of parcels
        of land within urban renewal, concentrated code enforcement or rehabilitation project areas or are owners or lessees of
        a parcel of land in the City and County of Honolulu that have been cited for local code violations by departments of
        the City and County of Honolulu or are owners or lessees of parcels of land who have need of rehabilitation or general
        property improvement as determined by the department. Applicants eligible for financing under this loan program
        must be unable to secure funds under the Rehabilitation Loan Program, Section 312 of the Housing Act of 1964, as
        amended, or from other sources under comparable terms and conditions, to finance rehabilitation of their properties.
    (2)    To fund any project that is eligible to receive and expend community development block grant monies.
(b)    For the purpose set forth in (a)(1), there may be authorized sufficient sums appropriated each fiscal year which may constitute a revolving account to be used by the department to carry out this loan program. All moneys in such revolving account may be available for servicing loans made pursuant to this article.
(Sec. 5-33.3, R.O. 1978 (1983 Ed.); Am. Ord. 04-22)

Sec. 6-26.4    Limitations concerning rehabilitation loans.
    The following limitations shall only apply to loans made pursuant to Section 6-26.3(a)(1).
(a)    Loans shall be made in the name of the City and County of Honolulu to an eligible applicant who is an owner or lessee of a parcel of land containing one or more structures which is situated in an approved urban renewal, concentrated code enforcement or rehabilitation project area or are owners or lessees of a parcel of land that have been cited for local code violations from departments of the City and County of Honolulu, or has need of rehabilitation or general property improvements.
(b)    The amount of each loan, together with other existing liens, shall not exceed 90 percent of the appraised value of the fee property or leasehold property after rehabilitation.
(c)    If there are rental units situated on properties under this loan program, priority shall be given by the property owner or lessee to low-income and moderate-income families.
(d)    All loans shall be adequately secured as determined by the department.
(e)    All loans shall bear interest on the outstanding balance thereof at an annual interest rate to be determined by the department provided that the department may forego interest for loan leveraging purposes or if such interest poses a hardship on a low-income applicant.
(f)    Monthly payments shall be made on all loans. The department may defer said payments for such periods as deemed appropriate and necessary upon its determination that the applicant is unable to meet these payments because of limited income, unemployment or for any other valid reason.
(g)    The term of each loan shall not exceed three-fourths of the remaining economic life of the structure after rehabilitation or the remaining period of a leasehold property, whichever is the lesser.
(h)    The department may require that the loan be paid in full should the owner-occupant or lessee-occupant borrower cease to be an occupant of the property or if title or lease to the property is transferred prior to the maturity date, unless the succeeding titleholder(s) or leaseholder(s) meets the eligibility requirements established by the department for said loan.
(i)    If there are rental units on the subject parcel of land, the loan shall be paid in full if it is found that the property owner is in violation of the loan agreements as set by the department.
(j)    The department may prescribe such charges, fees and other costs as may be related to each loan.
(k)    All loans shall be periodically reviewed to assure compliance with the above limitations.
(Sec. 5-33.4, R.O. 1978 (1983 Ed.); Am. Ord. 04-22)

Sec. 6-26.5    Rules and regulations.
    The department shall, under its powers, adopt necessary and appropriate rules and regulations to implement the purpose of said fund and be responsible for the administration thereof. (Sec. 5-33.5, R.O. 1978 (1983 Ed.))

    Article 27. State Special Use Permit

Sections:
    6-27.1    Fees for state special use permits.

Sec. 6-27.1    Fees for state special use permits.
    The following fee shall be charged for a state special use permit:
    An application fee of $600.00, plus $225.00 per acre or major fraction thereof, up to a maximum of $6,000.00, shall be charged for a state special use permit. In the event of a joint application (conditional use permit and state special use permit), only one fee shall apply. (Sec. 5-34.1, R.O. 1978 (1983 Ed.); Am. Ord. 03-12)

    (Article 28. Special Trust Fund. Repealed by Ord. 00-07)

    Article 28. Reserved

    Article 29. Standards for the Appropriation of Funds to Private Organizations

Sections:
    6-29.1    Legislative intent.
    6-29.2    Appropriation of funds.
    6-29.3    Organizations applying/granted funds.
    6-29.4    Reports.

Sec. 6-29.1    Legislative intent.
    The purpose of this article is to establish standards for the appropriation of funds to private organizations providing programs and services which the City and County of Honolulu has determined to be in the public interest. (Sec. 5-36.1, R.O. 1978 (1983 Ed.))

Sec. 6-29.2    Appropriation of funds.
    All grants of public funds made by the City and County of Honolulu to private organizations are to be made in accordance with the standard that the private programs and services so funded shall result in a direct benefit to the public and accomplish public purposes. No grant, subsidy or purchase of services contract to a private organization shall be made or allotted unless the private organization meets the following criteria:
(a)    The private organization is a not-for-profit organization or association chartered or otherwise authorized to do business in the State of Hawaii for charitable purposes.
(b)    The purposes for which the private not-for-profit corporation or association is organized provides direct benefits to the people of the City and County of Honolulu.
(c)    The purposes for which the not-for-profit corporation or association is organized includes one of the following categories:
    (1)    Social services for the poor, the aged and the youth of the City and County of Honolulu;
    (2)    Health services including services for those with physical and/or emotional/mental disabilities;
    (3)    Educational, manpower and/or training services;
    (4)    Services to meet a definitive cultural, social or economic need within the City and County of Honolulu not being met by any other private organization.
(Sec. 5-36.2, R.O. 1978 (1983 Ed.))

Sec. 6-29.3    Organizations applying/granted funds.
    No grant, subsidy or purchase of services contract to a private organization shall be made or allotted by the City and County of Honolulu unless a private organization so funded agrees to the following conditions:
(a)    To comply with all applicable federal and state laws prohibiting discrimination against any person on the grounds of race, color, national origin, religion, creed, sex, handicap or age, in employment and any condition of employment with the recipient or in participation in the benefits of any program or activity funded in whole or in part by the state;
(b)    To comply with all applicable licensing requirements of the county, state and federal governments and with all applicable accreditation and other standards of quality generally accepted in the field of the recipient's activities;
(c)    To have in its employ or under contract such persons as are professionally qualified to engage in the activity funded in whole or in part by the state;
(d)    To comply with such other requirements as the director of finance may prescribe to ensure adherence by the provider or recipient with county, federal and state laws and to ensure quality in the service or activity rendered by the recipient; and
(e)    To allow the expending or related county agency, or a committee of the council, or the council full access to records, reports, files and other related documents in order that they may monitor and evaluate the management and fiscal practices of the recipient organization to assure proper and effective expenditure of city and county funds.
(Sec. 5-36.3, R.O. 1978 (1983 Ed.))

Sec. 6-29.4    Reports.
    All organizations granted funds must keep these funds financially separate in their book of accounts and submit quarterly program and financial reports on the use of these funds, due on or before the 15th of the month following the close of the quarter; and a year-end report on the same within 90 days following the close of the fiscal year in which the money is appropriated. In lieu of a year-end report, the City and County of Honolulu may elect to require a final report be submitted within 90 days following the completion of the program or services for which the grant was awarded. The reports shall contain, but are not limited to:
(a)    Program status summary;
(b)    Program data summary;
(c)    Summary of participant characteristics;
(d)    Financial status report of the city and county funds used;
(e)    Financial status report of the remaining balance of city and county funds, if any; and
(f)    A narrative report.
    In lieu of quarterly and year-end reports for grants in the amount of $10,000 or less, a final report shall be submitted within 90 days following the close of the fiscal year in which the money is appropriated or the completion of the program or services, whichever is later.
(Sec. 5-36.4, R.O. 1978 (1983 Ed.); Am. Ord. 07-12)

    Article 30. Liquor Commission Fund

Sections:
    6-30.1    Creation.
    6-30.2    Purpose.
    6-30.3    Administration.

Sec. 6-30.1    Creation.
    There is created and established a special fund to be known as the "liquor commission fund." (Sec. 5-37.1, R.O. 1978 (1983 Ed.))

Sec. 6-30.2    Purpose.
    All fees collected and received by as well as all other moneys received on behalf of the liquor commission shall be deposited into the liquor commission fund and used for the operational and administrative costs of the liquor commission. (Sec. 5-37.2, R.O. 1978 (1983 Ed.))

Sec. 6-30.3    Administration.
    The moneys in the liquor commission fund shall be administered in accordance with the procedures prescribed by the director of finance and as provided by law. (Sec. 5-37.3, R.O. 1978 (1983 Ed.))

    (Article 31. Housing Assistance Fund. Repealed by Ord. 98-30)

    Article 31. Reserved.

    Article 32. Establishing Maximum Interest Rate for Urban Renewal Project Notes

Sections:
    6-32.1    Maximum interest rate.

Sec. 6-32.1    Maximum interest rate.
    Any ordinance to the contrary notwithstanding, project notes to aid in financing urban renewal projects of the city hereafter to be authorized for issuance and sale under HRS Chapter 53 shall bear interest at a coupon or stated rate or rates not exceeding 10 percent a year. (Sec. 5-39.1, R.O. 1978 (1983 Ed.))

    Article 33. Establishing Maximum Interest for General Obligation Bonds

Sections:
    6-33.1    Maximum interest rate.
    6-33.2    Council approval required.

Sec. 6-33.1    Maximum interest rate.
    Except as may be otherwise provided in an ordinance authorizing the issuance of general obligation bonds, all general obligation bonds of the City and County of Honolulu shall bear interest at a rate or rates not exceeding 13 percent per annum. (Sec. 5-40.1, R.O. 1978 (1983 Ed.))

Sec. 6-33.2    Council approval required.
    Where general obligation bonds of the City and County of Honolulu have been authorized for issuance and sale by the council of the City and County of Honolulu in accordance with the provisions of HRS Chapter 47, the director of finance shall not offer for sale or sell the whole or any part of any issue of the bonds so authorized without first obtaining the determination of the council, by resolution, of the form, date, amount, denomination and maturity of the bonds to be offered for sale and sold by the director of finance. (Sec. 5-40.2, R.O. 1978 (1987 Supp. to 1983 Ed.))

    Article 34. Housing Loan and Mortgage Programs

Sections:
    6-34.1    Definitions.
    6-34.2    Promulgation of rules and regulations.
    6-34.3    Eligible borrowers.
    6-34.4    Eligible loans.
    6-34.5    Additional program procedures and requirements.
    6-34.6    Establishment of rental housing loan program.
    6-34.7    Promulgation of rules and regulations of rental housing loan program.

Sec. 6-34.1    Definitions.
    As used in this article, unless the context requires:
    "Bonds" means general obligation bonds of the city issued pursuant to HRS Chapter 47 and Section 46-15.2, or revenue bonds of the city issued pursuant to HRS Chapter 49 and Section 46-15.2 to carry out the loan programs authorized thereunder.
    "City" means the City and County of Honolulu.
    "Director" means the director of the city's department of housing and community development.
    "Eligible borrower" means any person or family meeting the requirements established by rules and regulations promulgated by the director for a mortgagor under a housing loan program, and further meeting the requirements of HRS Section 46-15.2.
    "Eligible loan" means a loan to an eligible borrower made under a housing loan program meeting the requirements established by rules and regulations promulgated by the director for a loan made under a housing loan program, and further meeting the requirements of HRS Section 46-15.2.
    "Housing loan program" means a housing loan and mortgage program authorized under HRS Section 46-15.2, established by the city.
    "Mortgage lender" means any bank, trust company, savings bank, national banking association, savings and loan association, building and loan association, mortgage banker, credit union, insurance company or other financial institution meeting the requirements of a mortgage lender under a housing loan program established in rules and regulations promulgated by the director and further meeting the requirements of HRS Section 46-15.2. (Sec. 31- 1.1, R.O. 1978 (1983 Ed.))

Sec. 6-34.2    Promulgation of rules and regulations.
    The director shall promulgate rules and regulations for the implementation, administration and enforcement of any housing loan program to be undertaken in compliance with HRS Section 46-15.2. In accordance with HRS Chapter 91 and Section 4-105 of the city charter, such rules and regulations shall have the force and effect of law. The director shall file in the office of the city clerk not less than three copies of such rules and regulations. (Sec. 31-2.1, R.O. 1978 (1983 Ed.))

Sec. 6-34.3    Eligible borrowers.
    Rules and regulations promulgated pursuant to Section 6-34.2 shall establish the qualifications of an eligible borrower, and may consider, but not be limited to, the following:
(a)    The proportion of income spent for shelter;
(b)    Size of the family;
(c)    Cost and condition of housing available to the total housing market; and
(d)    Ability of the person to compete successfully in the normal housing market and to pay the amounts on which private enterprise is providing loans for safe, decent and sanitary housing in the state.
(Sec. 31-2.2, R.O. 1978 (1983 Ed.))

Sec. 6-34.4    Eligible loans.
    Rules and regulations promulgated pursuant to Section 6-34.2 shall establish the qualification of an eligible loan, and may establish, but not be limited to, requirements as to the location, age, conditions and other characteristics of the property. Such rules and regulations may further establish the terms, maturities, interest rates, collateral and other requirements for eligible loans. (Sec. 31-2.3, R.O. 1978 (1983 Ed.))

Sec. 6-34.5    Additional program procedures and requirements.
    Rules and regulations promulgated pursuant to Section 6-34.2 shall establish such procedures and requirements as are deemed necessary to implement a housing loan program, including, but not limited to procedures and requirements governing:
(a)    The qualifications of mortgage lenders;
(b)    The making of advance commitments to purchase and the purchasing of eligible loans to be made by mortgage lenders;
(c)    Loan applications made through mortgage lenders to eligible borrowers;
(d)    The allocation of loans to mortgage lenders;
(e)    The making of advance commitments and allocation of funds to purchase eligible loans from mortgage lenders; and
(f)    The participation by mortgage lenders as originators and processors of eligible loans on behalf of the city.
(Sec. 31-2.4, R.O. 1978 (1983 Ed.))

Sec. 6-34.6    Establishment of rental housing loan program.
    This section establishes a loan program for the construction of multi-family rental units by utilizing tax exempt revenue bonds. (Sec. 31-3.1, R.O. 1978 (1987 Supp. to 1983 Ed.))

Sec. 6-34.7    Promulgation of rules and regulations of rental housing loan program.
    The director of the department of housing and community development is authorized and directed, under and pursuant to and upon compliance with Part II, HRS Chapter 356, HRS Chapters 91 and 92, as amended, and the revised city charter of the city, to adopt from time to time rules and regulations for the multi-family rental housing program for the city authorized hereby. Said rules and regulations shall further the purposes of the multi-family rental housing program as set forth in Part II, HRS Chapter 356, as amended, and consistent with the purposes of this section. Such rules and regulations shall have the force and effect of law. The director shall file in the office of the city clerk not less than three copies of such rules and regulations. (Sec. 31-3.2, R.O. 1978 (1987 Supp. to 1983 Ed.))

    Article 35. Hotel and Boardinghouse Annual License Fee

Sections:
    6-35.1    Purpose.
    6-35.2    State statutes to remain in effect.

Sec. 6-35.1    Purpose.
    In accordance with the authority granted by HRS Section 445-15, the annual fee for a license to keep a hotel or boardinghouse, as established by HRS Section 445-92, shall be $50.00 per hotel. For the purposes of this article, "hotel or boardinghouse" means a building or buildings having at least 10 rooms for the accommodation of guests. (Sec. 5-42.1, R.O. 1978 (1987 Supp. to 1983 Ed.))

Sec. 6-35.2    State statutes to remain in effect.
    The provisions of HRS Chapter 445, Part III, shall continue in effect for the purposes of this article. (Sec. 5-42.2, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 96-58)

    Article 36. Capital Projects Fund

Sections:
    6-36.1    Creation.
    6-36.2    Purpose.

Sec. 6-36.1    Creation.
    There is created and established a special fund to be known as the "capital projects fund." (Sec. 5-44.1, R.O. 1978 (1987 Supp. to 1983 Ed.))

Sec. 6-36.2    Purpose.
    Moneys received by the city, from sources other than the federal government, in the form of grants, entitlements, shared revenues or payments in lieu of taxes, to fund capital projects, and city moneys appropriated for capital projects, may be deposited or transferred into the capital projects fund. All moneys deposited or transferred into such fund shall be maintained in separate accounts identified with, and expended for, the purposes for which such moneys are received or appropriated. Appropriated moneys transferred from another fund into the capital projects fund shall lapse into that other fund if not encumbered or expended in a timely manner pursuant to Article 9, 1973 Revised Charter of Honolulu (2000 Edition), as amended. (Sec. 5-44.2, R.O. 1978 (1987 Supp. to 1983 Ed.))

    Article 37. Federal Grants Capital Projects Fund

Sections:
    6-37.1    Creation.
    6-37.2    Purpose.

Sec. 6-37.1    Creation.
    There is created and established a special fund to be known as the "federal grants capital projects fund." (Sec. 5-45.1, R.O. 1978 (1987 Supp. to 1983 Ed.))

Sec. 6-37.2    Purpose.
    All moneys received from the federal government, in the form of grants, entitlements or payments in lieu of taxes, to fund capital projects, and federal revenue sharing funds appropriated for capital projects, may be deposited or transferred into the federal grants capital projects fund. All moneys deposited or transferred into such fund shall be maintained in separate accounts identified with, and expended for, the purposes for which such moneys are received or appropriated. Appropriated moneys transferred from another fund into the federal grants capital projects fund shall lapse into that other fund if not encumbered or expended in a timely manner pursuant to Article 9, 1973 Revised Charter of Honolulu (2000 Edition), as amended. (Sec. 5-45.2, R.O. 1978 (1987 Supp. to 1983 Ed.))

    Article 38. Leisure Services Incentive Fund

Sections:
    6-38.1    Creation.
    6-38.2    Definitions.
    6-38.3    Purpose.
    6-38.4    Eligibility.
    6-38.5    Administration.

Sec. 6-38.1    Creation.
    There is created and established a special fund to be known as the "leisure services incentive fund." (Sec. 5-46.1, R.O. 1978 (1987 Supp. to 1983 Ed.))

Sec. 6-38.2    Definitions.
    Except as expressly provided otherwise, the following definitions shall apply for the purposes of this article:
    "Director" means the director of the department of parks and recreation or the director's authorized representative.
    "Incentive fund" means the leisure services incentive fund.
    "Incentive fund project" means a project funded under the provisions of this article.
    "Matching contribution" means the contribution required from the sponsor for an incentive fund project.
    "Sponsor" means the organization, individual or other eligible entity which sponsors an incentive fund project. (Sec. 5-46.2, R.O. 1978 (1987 Supp. to 1983 Ed.))

Sec. 6-38.3    Purpose.
    There shall be deposited in the incentive fund amounts as may be appropriated by the city council, to be used to fund up to one-half of the cost of any project for the construction or improvement of recreation and park facilities authorized under this article. (Sec. 5- 46.3, R.O. 1978 (1987 Supp. to 1983 Ed.))

Sec. 6-38.4    Eligibility.
    Expenditures from the incentive fund shall be made subject to the following:
(a)    A project to be funded under this article must be sponsored by a recognized nonprofit civic, neighborhood or community group, or by identified individuals. Determination of qualifying organizations will be made by the director pursuant to rules and regulations promulgated hereunder, and will involve consideration of the financial ability of the applicant to participate. Nothing in this section shall prevent a sponsor from seeking or accepting contributions from other private sources to constitute all or part of the community's matching contribution.
(b)    Incentive fund projects shall benefit the entire community as a whole and be available for use by all citizens.
(c)    An incentive fund project under this article must:
    (1)    Be located on publicly owned property;
    (2)    Result in a new parks and recreation facility or improve an existing facility;
    (3)    Be open to the public on a nondiscriminatory basis upon completion, subject to such reasonable restrictions for protection of the property as may be agreed upon by the sponsor and the city and stipulated in the application agreement;
    (4)    Have a minimum life expectancy of five years;
    (5)    Involve total financial cost of over $100.00.
(d)    The incentive fund will provide up to 50 percent of the total estimated project cost, up to the total amount approved. The matching contribution shall be in cash, materials or equipment. The director may agree to accept in-kind labor or services as part or all of the matching contribution.
(e)    All purchases made in whole or in part with incentive fund moneys must be agreed to by the department of parks and recreation, and all property so purchased shall become the property of the City and County of Honolulu.
(Sec. 5-46.4, R.O. 1978 (1987 Supp. to 1983 Ed.))

Sec. 6-38.5     Administration.
(a)    The department of parks and recreation shall, under its powers, adopt necessary and appropriate rules and regulations to implement the purpose of the incentive fund and be responsible for the administration thereof.
(b)    Upon approval of an application under this article, department of parks and recreation will extend a written confirmation of the grant to the sponsor, specifying the amount, time period, and conditions thereof.
(c)    The department of parks and recreation may, by rules and regulations, establish procedures to expedite approval of requests to use a park facility by sponsors of the facility.
(Sec. 5-46.5, R.O. 1978 (1987 Supp. to 1983 Ed.))

    Article 39. Landscaping and Beautification

Sections:
    6-39.1    Purpose.
    6-39.2    Site improvement and beautification.
    6-39.3    Funding.

Sec. 6-39.1    Purpose.
    The purpose of this article is to provide for landscaping and beautification of open space areas surrounding city buildings in order to enhance their visual image. (Sec. 5-41.1, R.O. 1978 (1987 Supp. to 1983 Ed.))

Sec. 6-39.2    Site improvement and beautification.
    In connection with any city building when first constructed or acquired, the improvement of the site and beautification of the land shall be considered by the agency expending funds for such construction or acquisition. (Sec. 5-41.2, R.O. 1978 (1987 Supp. to 1983 Ed.))

Sec. 6-39.3    Funding.
    An amount not less than one percent of the construction or acquisition appropriation shall be set aside for landscaping and beautification purposes. Notwithstanding the foregoing limitation on the amount to be set aside for landscaping and beautification purposes, an amount in excess of one percent may be set aside with the concurrence of the council. (Sec. 5-41.3, R.O. 1978 (1987 Supp. to 1983 Ed.))

    Article 40. Application Fees for General Plan , Development Plan , and Public Infrastructure Map Amendments

Sections:
    6-40.1    Purpose.
    6-40.2    Fees.

Sec. 6-40.1    Purpose.
    The purpose of this article is to establish, pursuant to Revised Charter Section 3-112, fees for general plan and development plan amendment applications. (Sec. 5-47.1, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 96-58)

Sec. 6-40.2    Fees.
(a)    General plan amendment applications shall be accompanied by a fee of $600.00, and development plan amendment applications for text, land use map or public facilities map amendments to development plans approved prior to 1996 shall be accompanied by a fee of $500.00 per amendment.

(b)    Amendments (text or map) for the development plans adopted after 1996 shall be accompanied by a fee of $600.00 per amendment.
(c)    Additions/deletions to the public infrastructure maps shall be accompanied by a fee of $600.00 per amendment.
(d)    The application fee is not refundable, except for applications the director of planning and permitting chooses not to process, in which case such fee shall be refunded upon request of the applicant. (Sec. 5-47.2, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 03-12)

    Article 41. Fee Schedule for Land Use Ordinance* --Applications and Variances

Sections:
    6-41.1    Fee schedule.

Sec. 6-41.1    Fee schedule.
(a)    The fees set forth in the following schedule for applications under Chapter 21 and for variances therefrom shall be paid upon application:

 
Type of Application  
Fee  
   
(1)   Zone change     $600.00, plus $225.00 per acre or major fraction, up to a maximum of $12,000.00  
(2)   Cluster housing   $600.00, plus $300.00 per acre or major fraction, up to a maximum of $10,000.00  
(3)   Conditional use permit (major)   $600.00, plus $300.00 per acre or major fraction, up to a maximum of $10,000.00  
(4)   Major project in special districts and downtown building heights in excess of 350 feet   $600.00, plus $300.00 per acre or major fraction, up to a maximum of $10,000.00  
(5)   Plan review use   $600.00, plus $300.00 per acre or major fraction, up to a maximum of $10,000.00  
(6)   Planned developmenthousing   $600.00, plus $300.00 per acre or major fraction, up to a maximum of $10,000.00  
(7)   Special districts: establishment of, or amendment to   $600.00, plus $300.00 per acre or major fraction, up to a maximum of $10,000.00  
(8)   Conditional use permit (minor)   $300.00  
(9)   Existing use   $300.00, plus $150.00 per acre or major fraction, up to a maximum of $10,000.00  
(10)   Exempt project in special districts   No permit fee required  
(11)   Minor project in special districts   $100.00  
(12)   Waiver   $300.00  
(13)   Zoning adjustment   $300.00  
(14)   Signs--estimated value of work    
  (A)   $.01 to $500.00   $18.00  
  (B)   $500.01 to $1,000.00   $35.00  
  (C)   $1,000.01 and above   $70.00  
(15)   Zoning variance   $600.00  
(16)   Nonconforming use certificate renewal   $400.00  
(17)   Minor modifications
(A) To approved cluster housing permit; conditional use permit (major); plan review use; planned development-housing permit
(B) To conditional use permit (minor); existing use; waiver and zoning adjustment  

$300.00

$150.00
 

(18)   Site development plan   $300.00  
(19)   Planned Development-Commercial and Planned Development-Resort   $15,000.00  
(20)   Written zoning clearance or confirmation and flood hazard district interpretation   $50.00 per request or for each tax map key when multiple parcels are involved  
(21)   Temporary use approval   $100.00  
(22)   Exclusive agriculture site approval   $300.00  
(23)   Flood variance   $300.00  
(24)   Zoning district boundary adjustment   $100.00  
(25)   Appeals to zoning board of appeals and contested case hearings   $200.00  

(b)    Application fees are not refundable, notwithstanding provisions in the Revised Ordinances of Honolulu, as amended, to the contrary, except when the director of planning and permitting determines that a Land Use Ordinance application or variance is not required in order to proceed with the development proposed.

(c)    When the city council initiates, by resolution, a zone change application on behalf of a private landowner, the owner shall be required to pay the applicable zone change application fee.

(d)    When an application under Chapter 21 or for a variance therefrom is sought subsequent to the applicant's being cited for taking action without having obtained necessary approvals, the application fee set forth in subsection (a) shall be doubled.

(e)    The payment of the fee required by this section shall not relieve the applicant from compliance with Chapter 21 or from imposed penalties.
(Sec. 5-48.1, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 94-36, 99-31, 03-12)

    Article 42. Deferred Compensation Fund

Sections:
    6-42.1    Creation.
    6-42.2    Purpose.
    6-42.3    Administration.

Sec. 6-42.1    Creation.
    There is created and established a special fund to be known as the "deferred compensation fund." (Sec. 5-49.1, R.O. 1978 (1987 Supp. to 1983 Ed.))
    
Sec. 6-42.2    Purpose.
    All amounts of compensation deferred under the Internal Revenue Code Section 457 public employee deferred compensation plan of the City and County of Honolulu as well as property and rights purchased with such amounts and all income attributable to such amounts, property and rights shall be recorded in the deferred compensation fund and shall be held in trust outside the city treasury in accordance with Section 457 of the Internal Revenue Code for the exclusive benefit of the plan’s participants and its beneficiaries. (Sec. 5-49.2, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 08-17)

Sec. 6-42.3    Administration.
    The director of finance shall be responsible for the administration of the deferred compensation fund. (Sec. 5-49.3, R.O. 1978 (1987 Supp. to 1983 Ed.))

    Article 43. Charges by Municipal Reference and Records Center for Computer On-Line Service

Sections:
    6-43.1    Fee for computer services.
    6-43.2    Exemption from payment of charges.

Sec. 6-43.1    Fee for computer services.
    Charges for computer on-line services of private vendor providing commercially available data bases and information services shall be computed on the basis of the cost of equipment, time, labor and materials used in connection with processing the request for data. The municipal reference and records center shall promulgate rules and regulations prescribing the method of computing said charges. (Sec. 5-50.1, R.O. 1978 (1987 Supp. to 1983 Ed.))

Sec. 6-43.2    Exemption from payment of charges.
    Government agencies requiring data for public purposes may be exempt from all or a portion of the cost of services provided by the municipal reference and records center. (Sec. 5-50.2, R.O. 1978 (1987 Supp. to 1983 Ed.))

    Article 44. Fees and Charges for Services of the Honolulu Police Department

Sections:
    6-44.1    Definition.
    6-44.2    Administration.
    6-44.3    Fees for special duty requests.
    6-44.4    Waiver.
    6-44.5    Rules .
     6-44.6    Fee authorized for special activities.

Sec. 6-44.1    Definition.
    “Special activity” is an activity, including an entertainment or athletic event, for which a fee is charged to any person attending or participating in the activity. This section shall not affect the obligations of the City and County of Honolulu under any existing settlement agreement that applies to parades held for the purpose of participants expressing views or engaging in other activities protected by the First Amendment of the United States Constitution.
    "Special duty" means the performance of a service for a person, organization or governmental entity, other than the Honolulu police department, by an officer of the Honolulu police department acting in a police capacity, in return for which the officer receives a direct or indirect payment or compensation of some kind. (Sec. 5-52.1, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 05-025)

Sec. 6-44.2    Administration.
    The chief of police shall be responsible for the administration of the processing of requests for the services of special duty police officers of the Honolulu police department. (Sec. 5-52.2, R.O. 1978 (1987 Supp. to 1983 Ed.))

Sec. 6-44.3    Fees for special duty requests.
(a)    Any person or entity requesting the services of a special duty police officer shall be assessed an administration fee of seven dollars for each request for a police officer, plus one dollar for each additional officer requested. For every request, there shall also be a workers' compensation fee of up to five dollars per day for each officer. The workers' compensation fees shall be deposited into the general trust fund and maintained in a separate account for the purpose of paying workers' compensation expenses for officers injured while on special duty assignments. These fees shall be assessed by the Honolulu police department and shall be in addition to any charge assessed for the services of the special duty police officer. These fees shall not be assessed to the extent that a request is not fulfilled.
(b)    Once the workers' compensation fee separate account reaches $500,000, the chief of police shall reduce the workers' compensation fee to maintain the account at this level.
(c)    Within 30 days after the first day of each fiscal year, the department of budget and fiscal services shall file a report with the city clerk. The report shall include the following information for the prior fiscal year: 1) the fee charged; 2) total workers' compensation fees collected; 3) fund balance in the workers' compensation fee separate account at the end of the prior fiscal year; and 4) details of expenditures from the account, including administrative costs, fringe benefits, workers' compensation benefits, and training costs.
(Sec. 5-52.3, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 01-57)

Sec. 6-44.4    Waiver.
(a)    The chief of police shall waive the administrative fee established in Section 6-44.3 when the special duty services are for an event or activity mandated by law or otherwise conducted by the federal, state or city government.
(b)    The chief of police shall not waive the administrative or workers' compensation fee when special duty services are provided to a private person or entity performing a government function or renting or leasing a government facility for a nongovernmental event.
(c)    The chief of police shall waive the workers' compensation fee when the special duty services are for an event or activity conducted by the city government.
(d)    The chief of police shall not waive the workers' compensation fee when the special duty services are for an event or activity conducted by the federal or state government.
(Sec. 5-52.4, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 01-57)

Sec. 6-44.5    Rules.
(a)    The chief of police may adopt rules, in accordance with HRS Chapter 91, governing the processing of requests for special
    duty officers.
(b)    The chief of police shall adopt rules, in accordance with HRS Chapter 91, to establish the fee schedule and fees for
    additional police services provided at special activities as authorized by Section 6-44._.
(Sec. 5-52.5, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 05-025)

Sec. 6-44.6    Fee authorized for special activities.
    The police department is authorized to establish a fee schedule and charge a fee to any person, sponsor, promoter, organizer or organization conducting a special activity for which the services of uniformed police officers, in addition to special duty officers, are required. Fees collected pursuant to this subsection shall be deposited in a special account of the general fund and shall be used for expenses related to police services. (Added by Ord. 05-025)

    Article 45. Rental Assistance Fund

Sections:
    6-45.1    Establishment.
    6-45.2    Funding.
    6-45.3    Amount of assistance.
    6-45.4    Eligibility for assistance.
    6-45.5    Expenditures.
    6-45.6    Administration.

Sec. 6-45.1    Establishment.
    There is established a fund to be known as the rental assistance fund (RAF). (Sec. 5-51.1, R.O. 1978 (1987 Supp. to 1983 Ed.))

Sec. 6-45.2    Funding.
    There shall be deposited into the rental assistance fund all net receipts from the Hale Pauahi parking structure. This fund shall pay for expenses related to the operation and maintenance of the Hale Pauahi parking structure that are not within the scope of the parking concessionaire, for any assessments attributable to the parking unit of the Hale Pauahi Association of Owners, and for monthly rental assistance payments to a landlord on behalf of an eligible applicant, as defined herein. (Sec. 5-51.2, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 93-47)

Sec. 6-45.3    Amount of assistance.
    Monthly rental assistance payments shall be as prescribed in the rules. (Sec. 5-51.3, R.O. 1978 (1987 Supp. to 1983 Ed.))

Sec. 6-45.4    Eligibility for assistance.
(a)    An eligible applicant is defined as any single person or family (1) who has been (A) displaced by governmental action, fire or natural disaster, (B) determined to be homeless as defined in the rules, or (C) selected for placement in a city-assisted housing project, and (2) whose total income, by number in the household does not exceed 80 percent of the median income for the city as determined by HUD.
(b)    Applicants receiving assistance under the federal Section 8 existing housing program, the state rent supplement program or living in government-subsidized housing projects are ineligible for assistance.
(c)    Assistance shall be given in the following order of priority:
    (1)    Applicants displaced as a result of governmental action;
    (2)    Applicants displaced as a result of fire or natural disaster;
    (3)    Applicants determined to be "homeless" as defined in the rules;
    (4)    Applicants selected for placement in city-assisted housing projects.
(Sec. 5-51.4, R.O. 1978 (1987 Supp. to 1983 Ed.))

Sec. 6-45.5    Expenditures.
    All expenditures from this fund shall be for purposes authorized herein based on appropriations in the operating budget ordinance. (Sec. 5-51.5, R.O. 1978 (1987 Supp. to 1983 Ed.))

Sec. 6-45.6    Administration.
    The department of housing and community development (DHCD) shall be responsible for the administration of the rental assistance fund and, pursuant to HRS Chapter 91, shall adopt uniform rules for the administration of this fund, including but not limited to, establishing criteria and procedures for determining eligibility of tenants, amounts of rental assistance requirements. (Sec. 5-51.6, R.O. 1978 (1987 Supp. to 1983 Ed.))

    Article 46. Housing Development Special Fund

Sections:
    6-46.1    Creation.
    6-46.2    Purpose.
    6-46.3    Receipts and expenditures.
    6-46.4    Administration.

Sec. 6-46.1    Creation.
    There is created and established a special fund to be known as the "housing development special fund."     There is established i