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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 TAX.
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 subsection (g) to read as follows:
“(g) Limitation on homeowner assessment.
(1) For properties in the homeowner class [as of January 1, 2004], the assessed value of the property shall not increase more than three 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.
(2) Notwithstanding anything to the contrary, the assessed value of a property in the homeowner class shall not increase more than three percent per tax year from the most recent assessed
value under a nondedicated agricultural use assessment or agricultural dedication, provided that:
(A) The property receives a homeowner exemption in the amount no less than that which a taxpayer sixty-five years of age or over is entitled under section 19-71(d);
(B) The property was assessed according to its agricultural use value for no less than ten tax years within the fifteen tax years immediately preceding the first tax year that the property
satisfies the requirement set forth in subparagraph (A); and
(C) A petition to be considered for the provisions of this paragraph is received by the director in a format prescribed by the director, when the property, prior to the effective date
of this ordinance, ceased to be assessed according to its agricultural use.
(3) In addition to the three percent limit of this subsection, any improvements undertaken on the property within the tax year shall be assessed at market value.
(4) 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.”
SECTION 2. This ordinance does not grant, create, imply, entitle, or establish the basis for any refund, benefit, privilege, adjustment, or credit of real property tax liability for
a tax year preceding the effective date of this ordinance.
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 Material to be repealed is bracketed and stricken.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 which 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 upon its approval and shall be repealed on December 31, 2029.
INTRODUCED BY:
________________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
________________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: