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.-JMtV OF N- COUNTY OF HAWAII - _ : ; STATE OF HAWAII RESOLUTION NO. 105 13 RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ISSUE A REFUND OF A ROLLBACK TAX AND PENALTY FOR BREACH OF AN AFFORDABLE HOUSING DEDICATION TOTALLING TWO THOUSAND SIX HUNDRED SEVENTY FOUR AND 93/100 DOLLARS ($2,674.93) WHEREAS, claimants are required to annually submit applications to the County of Hawai`i Department of Finance ("Department of Finance")to be granted an affordable rental housing classification pursuant to Chapter 19, Article 10, Section 19-53(j), of the Hawai`i County Code; WHEREAS, Chapter 19, Article 10, Section 19-53(j), of the Hawai`i County Code requires, upon breach of the affordable rental housing classification, a cancellation of the tax assessment retroactive to the date of the classification with a maximum rollback of two years plus the current year, all difference in the amount of taxes that were paid and those that would have been due from the assessment in the higher classification being payable with a ten percent penalty; WHEREAS, Mr. Barry K. Taniguchi, after being charged the rollback penalty for breach of the classification, brought to the attention of the Department of Finance the inherent unreasonableness between the annual reapplication requirement to receive an affordable rental housing classification and the penalty of a rollback of two years plus the current year for breach of an affordable rental housing classification; WHEREAS,the Director of the Department of Finance ("Director of Finance") determined the two year plus current year rollback and penalty provisions for breach of an affordable housing dedication under Chapter 19, Article 10, Section 19-53(j), of the Hawai`i County Code to be inappropriate for a program that requires annual renewal; WHEREAS, the Director of Finance is currently seeking to amend Chapter 19, Article 10, Section 19-53(j), of the Hawai`i County Code by eliminating the two year plus current year rollback penalty leaving a rollback penalty to the date of the classification, but no more than the current year, thereby reconciling the annual affordable rental housing classification application process with the penalties for breach of such a classification; WHEREAS, the Director of Finance desires to reimburse Two Thousand Six Hundred Seventy Four and 93/100 Dollars ($2,674.93) of the payment made by Barry K. Taniguchi, reflecting a reimbursement of the two year rollback penalty;