HomeMy WebLinkAboutORD 2001-073 2000-2002 COtJN7"~ O~ I~.W~.I`~ ~°I`~?.T O~ I~~J1~I`I
SILL NO. 244
(Draft 4)
OI~INANCE NO.~'~
AN ORDINANCE AMENDING CHAPTER 19, OF THE HAWAI I COUNTY CODE 1983 (1995
EDITION), BY AMENDING ARTICLE 10, SECTION 19-75 RELATING TO REAL PROPERTY
TAX EXEMPTIONS (EXEMPTION, PERSONS WITH IMPAIRED SIGHT OR HEARING AND
PERSONS TOTALLY DISABLED).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 19, Article 10, Section 19-75, [Subsections (b) and (d),] of the
Hawaii County Code 1983 (1995 Edition) is amended to read as follows:
"Section 19-75. Exemption, persons [with iBnpaired sight or hearing and persons
o~vho are blind, deaf, and/or totally disabled.
(a) Definitions as used in this chapter:
(1) "Blind" means a person whose central visual acuity does not exceed 20/200
in the better eye with correcting lenses, or whose visual acuity is greater than
20/200 but is accompanied by a limitation in the field of vision such that the
widest diameter of the visual field subtends an angle no greater than twenty
degrees[.], as certified under this section.
(2) "Deaf' means a person whose average loss in the speech frequencies (five
hundred to two thousand Hertz) in the better ear is [eighty] ninety-two
decibels, [A.S.A.,] or such other level as may be updated by A.N.S.I., or
worse[.] , as certif ed under this section.
(3) "[Person] Totally disabled" means a person who is totally [and permanently]
disabled, either physically or mentally, and who, except for such total
disability, would be able to engage in [any] substantial gainful business or
occupation, as certified under this section.
(b) Any person who is certified as blind, [or] deaf, and/or totally disabled as defined
in [subsection (a) ofJ this section[, as long as the person's sight or hearing is so
impaired,] shall be exempt [except for the minimum tax] from real property taxes
on all real property owned by the person up to, but not exceeding a taxable value
of $50,000. [The impairment of sight or hearing shall be certified to by a licensed
ophthalmologist, optometrist or, otolaryngologist, as the case maybe, on forms
prescribed by the department of finance.] Except that no exemption shall apply to
any minimum tax payable under section 19-90~) of this chapter.
(c) [Any person who is totally disabled, as defined in subsection (a) of this section, as
long as the person is totally disabled, shall be exempt except for the minimum tax
from real property taxes on all real property owned by the person up to, but not
exceeding a taxable value of $50,000.] The disability shall be certified [to] by (1)
a physician licensed under chapter 453 or 460, or both, (2) a qualified out-of--state
physician who is currently licensed to practice in the state in which the physician
resides, or (3) a commissioned medical officer in the United States military or
public health service, engaged in the discharge of one's official duty. Certification
for a person who is blind or deaf may also be made by a licensed optometrist or
licensed audiologist as the case mad be. Certification shall be on forms
prescribed by the department of finance. For disabled veterans, the proof of
disability submitted for section 19-73(1) by from the Veterans Administration,
[can] ~ be substituted for the [physician's] required certification [of disability].
Official documentation from the Social Security Administration [can] ~ also be
substituted for the [physician's] required certification [of disability].
(d) Any person [suffering from a temporary or momentary impairment of sight,
hearing, or total disability] who is certified as being temporarily blind, deaf,
and/or totally disabled shall [be required to] submit an annual certification or
recertification, [performed by a qualified audiologist, ophthalmologist,
optometrist, otolaryngologist, or licensed physician, as the case may be, attesting
to the continued impairment of sight, hearing, or total disability] as required by
this section. [The] No exemption shall be [disallowed for failure to submit the
required annual certification or recertification report] allowed unless the required
certification or recertification is submitted.
(e) Any person who qualifies for [the] an exemptions identified in subsection (b) or
(c) of] under this section shall be allowed to apply for only one of the exemptions
established in this section.
(f) In the case of a lease of Hawaiian homestead land, where either a husband or wife
is ofnon-Hawaiian descent, either spouse shall be entitled to the blind, deaf, or
totally disabled exemption in the same manner as if dither spouse was considered
the owner thereof, provided proof of marriage is submitted to the director of
finance.
(g) In the event that a person qualifies for the home exemption as provided in section
19-71 and the blind, deaf, or totally disabled exemption as provided in this
section, the exemptions shall be granted to the claimant in the following order: the
home exemption shall be granted first, then followed by the applicable blind,
deaf, or totally disabled exemption on the property claimed as the owner's
principal residence. Thereafter, the exemption provided by this section shall be
applied to any other property designated by the claimant."
SECTION 2. Material to be repealed is bracketed. New material is underscored. In
printing this ordinance, the brackets, bracketed material and underscoring need not be included.
SECTION 3. 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 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 declared to be severable.
SECTION 4. This ordinance shall take effect upon its approval.
INT DUC D BY• JA~..R,~
,
.
CO CIL EMBER, COUNTY OF HA~VAI`I
Hilo, Hawaii
Date of Introduction: May 15 , 2000
Date of 1St Reading: August 15, 2001
Date 2°d Reading: August 29 , 2001
Effective Date: September 5, 2001
~Ii•~~~~ 290
OFFICE OF THE COUNTY CLERK
County of Hawaii
xilo .Hawaii
(DRAE'T 4 )
ROLL CALL VOTE
[ntroducedBy: Messrs. Yagong and Tyler AYE5 NOES ABS EX
Date Introduced: May 15 , 2 0 0 0 Arakaki X
First Reading: August 15 , 2 0 01 Chung X
Published: August 2 2, 2 0 01 Elarionoff X
Jacobson X ~
REMARKS: 05/15/00 - Deferred Leithead-Todd X
Pisicchio X
Safari k X
Tyler X
Yagong X
9 0 0 0
Second Reading: August 2 9 , 2 0 01 ROLL CALL VOTE
To Mayor: August 30 , 2001 AYES NOES ABS EX
Returned: Setntembex- 5 , 2~ 1 Arakaki X
Effective: Se~embe~, 2001 Chung X
Published: SPntemher 1 h~ 2001 Elarionoff X
_ Jacobson X
REMARKS: Leithead-Todd X
Pisicchio X
Safarik X
Tyler X
Yagong X
8 0 1 0
I DO HEREBY CERTIFY that the, foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY: .
CO NCIL CHAIRMAN
r..r~.
DEP TY RPORATION COUNSEL
COUNTY F HAWAII
COUNTY CLERK
1
Date ~,~5,-' -
244 (Draft 4)
Bill No.:
rove Disapproved this 5 ~ day, Reference: C-7421FC-261 (98-00); C-290/FC-95
Ord No.: ~
of ~ Q'P~`'°' , 20 d t
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MA3'OR, ~NTYOFHAWAII