HomeMy WebLinkAboutBIL 173 Draft 01 2022-2024
AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 7, SECTION 19-53 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY VALUATION; CONSIDERATIONS IN FIXING.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Chapter 19, article 7, section 19-53, of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended by amending subsections (g) and (h) to read as follows:
“(g) Limitation on homeowner assessment.
For properties in the homeowner class as of January 1, 2004, the assessed value of the property shall not increase more than [three] two and a half percent per tax year until the
parcel is sold or any portion thereof sold by way of conveyance which is subject to conveyance tax under terms of chapter 247, Hawai‘i Revised Statutes, at which time the property will
be assessed at market value. In addition to the [three] two and a half percent limit of this subsection any improvements undertaken on the property within the tax year shall be assessed
at market value. All parcels entering this class after January 1, 2004 shall have the assessed value as of January 1 of the following year and be subject to the above provisions.
(h) Eligibility for affordable rental housing class.
(1) Real property occupied as affordable rental housing must be rented at a rate not to exceed the affordable rental rate for the entire calendar year claimed and must be legally permitted
by all codes.
(2) All rental units on affordable rental housing properties must be rented at the affordable rental rates.
(3) Affordable rental housing properties shall not be excluded by the owner’s principal residence also being on the property.
(4) For properties in the affordable rental housing class as of January 1, 2008, the assessed value of the property shall not increase more than [three] two and a half percent per tax
year until the parcel is sold or any portion thereof sold by way of conveyance which is subject to conveyance tax under terms of chapter 247, Hawai‘i Revised Statutes, at which time
the property will be assessed at market value. In addition to the [three] two and a half percent
limit of this subsection, any improvements undertaken on the property within the tax year shall be assessed at market value. All parcels entering this class after January 1, 2008, shall
have the assessed value as of January 1 of the following year and be subject to the above provisions.”
SECTION 2. Material to be repealed is bracketed and stricken.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 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions
or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect on January 1, 2027.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: