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COM 1326.001 2006-2008
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COM 1326.001 2006-2008
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Last modified
6/19/2009 11:16:38 AM
Creation date
8/18/2008 8:57:16 AM
Metadata
Fields
Template:
Communications
Communications - Type
COM
Communications - Council Term
2006-2008
Communication
1326
Point
001
Author
J Yoshimoto, Councilmember
Communications - Referred To
FC
Comments
FC: Postponed to FC's meeting scheduled for September 23, 2008; Postpon; and for October 7, 2008; FC: Close file - 10/7/08
Document Relationships
AGE FC 08/26/2008 2006-2008
(Related To)
Path:
\Council Records\Agendas\2006-2008\Finance Committee (FC)
AGE FC 09/23/2008 2006-2008
(Related To)
Path:
\Council Records\Agendas\2006-2008\Finance Committee (FC)
AGE FC 10/07/2008 2006-2008
(Related To)
Path:
\Council Records\Agendas\2006-2008\Finance Committee (FC)
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<br /> <br /> <br /> <br /> <br /> <br /> frozen for the dedication period, except for adjustments as <br /> provided for in this section. <br /> (b) Upon approval by the director of succeeding dedications by the <br /> owner of the same property, the assessed valuation shall continue <br /> to be assessed in accordance with the provisions of section <br /> 19-58.2(a). <br /> (c) If any improvements are undertaken on the dedicated property, and <br /> such improvements increase the market value of the dedicated <br /> property, the assessment shall be increased based on the market <br /> value of the improvements undertaken, however, the assessed <br /> valuation for ensuing tax years shall be determined in accordance <br /> with the provisions of section 19-58.2(a). <br /> (d) If any improvements are undertaken on the dedicated property, the <br /> owner shall obtain the required building permit for the construction <br /> of new or additional improvements or renovations of the dedicated <br /> property. Violation of this reporting requirement will result in <br /> cancellation of the dedication and activate payment of retroactive <br /> taxes and penalties. <br /> (e) In the case where additional dwelling units are constructed or a <br /> single-family dwelling unit is renovated or converted into a two or <br /> more family dwelling unit all in accordance with article 6, chapter <br /> 25, Hawaii County Code of 1983, as amended, the dedication <br /> shall not be cancelled provided the owners within sixty days of the <br /> change submit a written etition E~n to continue the <br /> dedication and file the claim for home exemption and the owners <br /> would continue to be eligible for the home exemption. If the owner <br /> fails to submit the written K e ition ®attoo in a timely manner <br /> or uses the additional dwelling units or renovated areas for rental <br /> or income-producing purposes the dedication shall be cancelled <br /> and the retroactive taxes imposed. <br /> (f) If the dedicated property loses the home exemption under which it <br /> was dedicated, or if the dedicated property or any portion thereof is <br /> sold by way of a conveyance which is subject to conveyance tax <br /> under the terms of chapter 247, Hawaii Revised Statutes, the <br /> 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 of ten <br /> percent. If the dedicated property is sold, the retroactive <br /> <br /> 6 <br />
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