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§ 19-36 H AWAI‘I C OUNTY C ODE <br />Section 19-36. Remission of taxes in cases of certain disasters. <br />In any case of the damage or destruction of real property as the result of a tidal <br />wave, earthquake, fire, landslides or volcanic eruption, or as the result of flood waters <br />overflowing the banks or walls of a river or stream, or other disasters, the director is <br />authorized to remit taxes due on such property, to the extent and in the manner <br />hereinafter set forth: <br />(1) The director shall determine whether the property was wholly destroyed, or <br />was partially destroyed or damaged, and in the latter event shall determine <br />what percentage of the value of the whole property was destroyed or otherwise <br />lost by reason of the disaster. <br />(2) If the property was wholly destroyed, the amount remitted shall be such <br />portion of the total tax on the property for the tax year in which such <br />destruction occurred as shall constitute the portion of the tax year remaining <br />after such destruction. <br />(3) If the property was partially destroyed or was damaged, the percentage of the <br />value destroyed or otherwise lost, determined as provided in paragraph (1), <br />shall be applied to the total tax on the property and of the amount of tax so <br />determined there shall be remitted such portion as shall constitute the portion <br />of the tax year remaining after such partial destruction or damage. <br />(4) Application for a remission of taxes pursuant to this section shall be filed with <br />the director on or before June 30 of the tax year involved, or within sixty days <br />after the occurrence of the disaster, whichever is the later. Any amount of <br />taxes authorized to be remitted by this section, which has been paid, shall be <br />refunded upon proper application therefor out of real property tax collections. <br />(5) The director shall have the authority to extend the period for the remission of <br />taxes for property that was wholly or partially damaged or destroyed for the <br />percentage of the property which was affected by such disaster, for a period <br />not to exceed one year after the tax year in which the disaster took place. <br />(1983 CC, c 19, art 4, sec 19-36; am 1990, ord 90-90, sec 2; am 1995, ord 95-135, sec 2; <br />am 1997, ord 97-84, sec 1.)19-36 <br />Article 5. Liens, Foreclosure. <br />Section 19-37. Tax liens; co-owners’ rights; foreclosure; limitation. <br />Every tax due upon real property, as defined by section 19-2, shall be a paramount <br />lien upon the property assessed, which lien shall attach as of July 1 in each tax year <br />and shall continue for six years. If proceedings for the enforcement or foreclosure of the <br />lien are brought within the applicable period hereinabove designated, the lien shall <br />continue until the termination of said proceedings or the completion of such sale. <br />In case of cotenancy, if one cotenant pays, within the period of the aforesaid <br />government lien, all of the real property taxes, interest, penalties, and other additions <br />to the tax, due and delinquent at the time of payment, said cotenant shall have, pro <br />tanto, a lien on the interest of any noncontributing cotenant upon recording in the <br />bureau of conveyances, within ninety days after the payment so made by the cotenant, a <br />19-18 <br /> <br />