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• ." \"e ., <br /> COUNTY OF HAWAII STATE OF HAWAII <br /> �rf oF•Mrd - <br /> BILL NO. 65 <br /> ORDINANCE NO. <br /> AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 10, SECTION 19-53(j), OF THE <br /> HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO BREACH <br /> OF AFFORDABLE RENTAL HOUSING CLASS. <br /> BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br /> SECTION 1. The purpose of this measure is to amend the rollback penalty for breach of <br /> affordable housing classification to be consistent with the annual application requirements for classification <br /> as affordable rental housing for real property tax assessment purposes. <br /> SECTION 2. Chapter 19, Article 10, Section 19-53, of the Hawai`i County Code 1983 (2005 <br /> Edition, as amended) is amended by amending subsection(j) to read as follows: <br /> (j) Breach of affordable rental housing class. <br /> (1) Rental of any unit during the calendar year at a rate higher than the affordable rental <br /> rate shall breach the classification. <br /> (2) Any conveyance of the parcel or portion of the parcel subject to conveyance tax under <br /> terms of chapter 247, Hawai`i Revised Statutes, shall breach the classification. <br /> (3) Upon breach of the classification, the tax assessment shall be cancelled retroactive to <br /> the date of the classification, but for not more than [a period of two years plus] <br /> the current year, and all difference in the amount of taxes that were paid and those <br /> that would have been due from the assessment in the higher classification shall be <br /> payable with a ten percent penalty. <br /> SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored. <br /> In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be <br /> included. <br /> SECTION 4. Severability. If any provision of this ordinance, or the application thereof <br /> to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or <br />