ORD 2023-059 2022-2024 - Laserfiche WebLink

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(3) The application for a nondedicated agricultural use assessment must be signed by all owners of the land being committed. (4) If the application is approved, the assessment based upon the use requested in the application shall be effective as of January 1 for the following tax year. (5) Renewal of the application shall be in such form and at such time as required by the director." SECTION 4. Chapter 19, article 7, section 19-57, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by adding a new subsection(e) to be appropriately inserted and to read as follows: "(e) Sunset of nondedicated agricultural use assessment. This section shall be repealed on January 1, 2028. Consequently: (1) No new applications for nondedicated agricultural use assessment will be accepted by the director after September 1, 2024; (2) Owners of land currently assessed in the nondedicated agricultural use category shall reapply for an alternative use assessment or dedication by September 1, 2025. If no application is received by the director by September 1, 2025, the property shall not be assessed at the nondedicated agricultural use value established in subsection(a)(2) of this section; (3) The director shall notify all current owners of land currently assessed in the nondedicated agricultural use category in writing of the intent to sunset the nondedicated agricultural use assessment and the deadline to apply for another program; (4) On or before September 1, 2027, the director shall review all reapplications; (5) Owners of land who have applied for a community food sustainability use assessment or a short- or long-term commercial agricultural use dedication in accordance with section 19-57(e)(2) shall have their property assessed at the nondedicated agricultural use assessment rate until the 2028 tax year, unless their applications have been denied or they have applied for a different tax program; and (6) Subsection 19-57(d) shall continue to apply to owners of land who reapply under this sunset provision." SECTION 5. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 6. Severability. If any provision of this ordinance, or the application thereof to any taxpayer or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. 2