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COUNTY OF HAWAII ,~~.,~.-.n=,~: ~ STATE OF HAWAII <br /> BILL NO. 176 <br /> Draft 3 <br /> ORDINANCE NO. 12,x. <br /> AN ORDINANCE AMENDING CHAPTER 19 OF THE HAWAII COUNTY CODE 1983 <br /> (1995 EDITION), REAL PROPERTY TAXES, RELATING TO NONSPECULATIVE <br /> RESIDENTIAL USE ASSESSMENT. <br /> BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br /> SECTION 1. The purpose of this measure is to amend section 19-58.1, certain lands <br /> dedicated to nonspeculative residential use. <br /> SECTION 2. Chapter 19, article 7, section 19-58.1, of the Hawaii County Code 1983 <br /> (1995 edition), is amended to read as follows: <br /> Section 19-58.1. Certain lands dedicated to nonspeculative residential use. <br /> (a) The term "owner" as used in this section shall mean the fee owner or the lessee of real <br /> property with an unexpired lease term of not less than [ten] five years from the effective <br /> date of the dedication. <br /> (b) Any owner of property who qualifies under sections 19-71 and 19-72 for home <br /> exemption and uses the property exclusively for residential use may dedicate said <br /> property in its entirety to nonspeculative residential use and have that parcel assessed in <br /> the manner provided by section 19-58.2, except that a husband and wife, although living <br /> sepazate and apart, shall be entitled to dedicate only one parcel to the nonspeculative <br /> residential use. <br /> Exclusive residential use as used in this section shall not permit the owner to <br /> conduct any commercial activities on the property, except as otherwise permitted in <br /> sections 19-71(al and (b). Those owners who have dedicated their property to <br /> agricultural use or receive the benefit of the agricultural use or native forest dedication <br /> shall not be eligible for this nonspeculative residential use dedication. <br /> <br /> (c) Any owner who desires to dedicate property to nonspeculative residential use and to have <br /> the property assessed in the manner established by section 19-58.2, shall so petition the <br /> director. Upon receipt of any such petition, the director shall make a finding of fact as to <br /> whether or not the property described in the petition is qualified for a home exemption <br /> <br />