ORD 2013-072 2012-2014 - Laserfiche WebLink

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NtVfoF.• COUNTY OF HAWAII ••: ' ' STATE OF HAWAII ,rE OF•M01 BILL NO. 65 ORDINANCE NO. 1Z 72 AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 10, SECTION 19-53(j), OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO BREACH OF AFFORDABLE RENTAL HOUSING CLASS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The purpose of this measure is to amend the rollback penalty for breach of affordable housing classification to be consistent with the annual application requirements for classification as affordable rental housing for real property tax assessment purposes. SECTION 2. Chapter 19, Article 10, Section 19-53, of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended by amending subsection(j) to read as follows: (j) Breach of affordable rental housing class. (1) Rental of any unit during the calendar year at a rate higher than the affordable rental rate shall breach the classification. (2) Any conveyance of the parcel or portion of the parcel subject to conveyance tax under terms of chapter 247, Hawai`i Revised Statutes, shall breach the classification. (3) Upon breach of the classification, the tax assessment shall be cancelled retroactive to the date of the classification, but for not more than [a period of two years plus] the current year, and all difference in the amount of taxes that were paid and those that would have been due from the assessment in the higher classification shall be payable with a ten percent penalty. SECTION 3. Material to be repealed is bracketed and stricken.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 4. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or