HomeMy WebLinkAboutORD 2024-072 2022-2024 .4o JN`4 o7 -. 4,.
COUNTY OF HAWAI I • �; '' STATE OF HAWAI I
BILL NO. 188
ORDINANCE NO. 24 7
AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 7, SECTION 19-57, OF THE
HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE
NONDEDICATED AGRICULTURAL USE ASSESSMENT PROGRAM.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. This ordinance changes the sunset date of the nondedicated
agricultural use assessment program from January 1, 2028,to January 1, 2029, and extends the
time for property owners in the program to apply for an alternative program, such as the
community food sustainability use assessment or the short- or long-term commercial agricultural
use dedication, from September 1, 2025,to September 1, 2026.
SECTION 2. Chapter 19, article 7, section 19-57, of the Hawai`i County Code 1983
(2016 Edition, as amended), is amended by amending subsection (e) to read as follows:
"(e) Sunset of nondedicated agricultural use assessment. This section shall be repealed on
January 1, [2028.] 2029. Consequently:
(1) No new applications for nondedicated agricultural use assessment will be
accepted by the director after September 1, 2024;
(2) Owners of land currently assessed in the nondedicated agricultural use category
shall reapply for an alternative use assessment or dedication by September 1,
[2025.] 2026. If no application is received by the director by September 1,
[2025,] 2026,.the property shall not be assessed at the nondedicated agricultural
use value established in subsection (a)(2) of this section;
(3) The director shall notify all current owners of land currently assessed in the
nondedicated agricultural use category in writing of the intent to sunset the
nondedicated agricultural use assessment and the deadline to apply for another
program;
(4) On or before September 1, [2027,] 2028,the director shall review all
reapplications;
(5) Owners of land who have applied for a community food sustainability use
assessment or a short- or long-term commercial agricultural use dedication in
accordance with section 19-57(e)(2) shall have their property assessed at the
nondedicated agricultural use assessment rate until the [2-02-8] 2029 tax year,
unless their applications have been denied or they have applied for a different
tax program; and
(6) Subsection 19-57(d) shall continue to apply to owners of land who reapply
under this sunset provision."
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 Material to be repealed is bracketed and stricken.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,the invalidity does not affect other provisions or
applications of the ordinance that can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 5. This ordinance shall take effect on its approval.
INTRODUCED BY:
UNCIL MEM R, COUNTY OF HAWAI`I
� J
B I(
COUNCIL MBER, OUNTY OF HAWAI`I
Kona , Hawai`i
Date of Introduction: September 4, 2024
Date of 1st Reading: September 4, 2024
Date of 2nd Reading: September 17, 2024
Effective Date: October 2, 2024
REFERENCE Comm. 967
2
OFFICE OF THE COUNTY CLERK "``{ 1 kc
County of Hawai`i
Kona, Hawaii ? 7t1 OCT --7l 2:
Introduced By: Heather L. Kimball and ROLL CALL VOTE
Matt Kaneali'i-Kleinfelder AYES NOES ABS EX
Date Introduced: September 4, 2024
First Reading: September 4, 2024 Evans X
Published: September 13 , 2024 Galimba X
Inaba X
REMARKS. Kagiwada X
Kaneali`i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Villegas X
9 0 0 0
Second Reading: September 17, 2024
To Mayor: September 25, 2024
Returned: October 7, 2024 ROLL CALL VOTE
Effective: October 2., 2024 AYES NOES ABS EX
Published: October 25, 2024 Evans X
Galimba X
REMARKS: Inaba X
Kagiwada X
Kaneali`i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Villegas X
8 0 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
i1 UNCIL CHAIRPE ON
01/pproveDisapproved this (� day
of (Z5-v A AW " , 20 2/ COUNTY CLERK
188
Bill No.:
MAYOR, COUNTY OFHAWAII C-967/FC-187
Reference:
Ord No.: 24 72