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dedication shall be deemed breached. Occupancy of a separate <br />living unit by an immediate family member is permissible under <br />this section and is not considered a breach of dedication provided <br />all other provisions are met. For the purpose of this section <br />immediate family is defined as: parents, brothers, sisters, spouses, <br />children, parents-in-law, grandparents, and grandchildren. <br />(g) Retroactive assessments shall be imposed upon the breach of the <br />dedication. The retroactive assessment shall be calculated as the <br />cumulative difference between the amount that should have been <br />owed without the dedication less the amount actually paid for each <br />of the years deemed to be in breach plus penalty at a rate often <br />percent. If the dedicated property is sold, the retroactive <br />assessment for that year shall be calculated as the difference <br />between the dedicated value and the higher of either the actual <br />selling price or the value of the property at its actual use. In the <br />case of properties dedicated to nonspeculative use, notice of <br />assessment as prepared under section 19-27 shall delineate the <br />dedicated value and market value, beginning tax year 1993-94. <br />~) Section 19-58 2 shall be repealed upon the final participant in the <br />nonspeculative residential useprogram being converted as <br />provided in paragraph 19-53(x)." <br />SECTION 3. Severability. If any provision of this ordinance, or the application thereof <br />to any person or circumstance, is held invalid, the invalidity shall not affect other provisions or <br />applications of the ordinance which can be given effect without the invalid provision or <br />application, and to this end, the provisions of this ordinance are declared to be severable. <br />SECTION 4. Material to be repealed is bracketed and stricken. New material is <br />underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need <br />not be included. <br />SECTION 5. This ordinance shall take effect upon its approval. <br />INTRODUCED BY: <br />,-- <br />CO MEMBER, COUNTY OF HAWAII <br />Hawaii <br />Date of Introduction: <br />Date of I st Reading: <br />Date of 2nd Reading: <br />Effective Date: <br />REFER8VC6 Catty 1326 <br />7 <br />