HomeMy WebLinkAboutBIL 289 Draft 06 1994-1996 CouN°~x o~ ~IAwAI~ ~'I`A'~ ®F ~IAWAII
FILL NO. 289
(Draft 6 )
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 19 OF THE HAWAII COUNTY CODE 1983 (1995
EDITION), RELATING TO REAL PROPERTY TAXATION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 19 of the Hawaii County Code 1983 (1995 edition) is amended as
follows
"Chapter 19
REAL PROPERTY TAXES
Article 1. Administration.
Section 19-1. Purpose.
The purpose of this chapter is to implement the authority granted to the County to assess, impose and
collect real property tax based on an amendment to the State Constitution which was adopted on November 7,
1978, by the electorate. This chapter will provide for the administration, assessment, and collection of real property
tax, including exemptions therefrom, dedication of land, and appeals.
(1981, Ord. No. 613, sec. 1.)
Section 19-2. I9efinitions.
(a) Wherever used in this chapter:
(1) "County" means the County of Hawaii.
(2) "Director" means the director of finance of the County of Hawaii or the director's authorized
subordinate.
(3) "Property" or "real property" means and includes all land and appurtenances thereof and the
buildings, structures, fences, and improvements erected on or affixed to the same, and any fixture
which is erected on or affixed to such land, building, structures, fences, and improvements,
including all machinery and other mechanical or other allied equipment and the foundations
thereof, whose use thereof is necessary to the utility of such land, buildings, structures, fences.
and improvements, of whose removal therefrom cannot be accomplished without substantial
damage to such land, buildings, structures, fences, and improvements, excluding, however, any
growing crops.
(4) "Dedicated lands" aze lands which aze restricted in their use for specified periods of time by
covenants. executed between the.landowners and the director of finance pursuant to Article 8,
Dedications .
(5) "MarkeL~alue" is the most probable sale price of a property in terms of money in a competitive
and open mazket, assuming that the buyer and seller aze acting prudently and knowledgeabl}•. ~-F. '
allowing sufficient time for the sale, and assuming that the transaction is not affected by undue
stress.
(1981, Ord. No. b13, sec. 2.)
Section 19-3. Duties and responsibilities of the director.
(a) The director shall have the following duties and powers, in addition to any others prescribed or granted
by this chapter:
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(1) Assessment: assess, pursuant to law, all real property s .red within the geographic
boundary of the County for taxation of real property and to make any other assessment by law
required to be made by the director;
(2) Collections: To be responsible for the collection of all taxes imposed by this chapter and for
such other duties as are provided by law;
(3) Construction of revenue laws: To construe the provisions of this chapter, the administration of
which is within the scope of the director's duties, whenever requested by any officer or employee
of the County, or by any taxpayer;
(4) Enforcement of penalties: To see that penalties are enforced when prescribed by this chapter
(the administration of which is within the scope of the director's duties) for disobedience or
evading of its provisions, and to see that complaint is made against persons violating any
provisions of this chapter; in the execution of these powers and duties, the director may call
upon the corporation counsel or prosecuting attorney, whose duties it shall be to assist in the
institution and conduct of all proceedings or prosecutions for penalties and forfeitures, liabilities
and punishments for violation of the provisions of this chapter in respect to the assessment and
taxation of real property;
Forms: To prescribe forms to be used in or in connection with the provisions of this chapter
including forms to be used in the making of returns by taxpayers or in any other proceedings
connected with the provisions of this chapter and to change the same from time to time as
deemed necessary;
(6) Maps: The director shall provide for the County maps drawn to appropriate scale, showing all
parcels, blocks, lots, or other divisions of land based upon ownership, and their areas or
dimensions, numbered or otherwise designated in a systematic manner for convenience of
identification, valuation, and assessment. ~ 6
The director shall charge fees for the use and other disposition of tracings of these maps,
including copies or prints made therefrom, by private persons or firms as provided for by this
chapter.
(7) Inspection, examination of records and property: The director shall have the authority to inspect
and examine the records and property of all public officers without charge, and to examine the
books and papers of account of any person for the purpose of enabling the director to obtain all
information that could in any manner aid the department in discharging its duties under this
chapter.
(8) Inspection, examination of real property: To inspect and examine the real property of any person
for the purpose of enabling the director to attain all information that could in any manner aid
the department in discharging its duties under this chapter.
(9) Recommendations for legislation: To recommend to the mayor such amendments, changes or
modifications of the provisions of this ordinance or any applicable State statutes as may seem
proper or necessary to remedy injustice or irregularity or to facilitate the assessment of property
under this chapter.
(10) Rules and regulations: To promulgate such rules and regulations as the department may deem
proper and to effectuate the purposes for which the department is constituted and to regulate
matters of procedure by or before the department pursuant to the provisions of chapter 91,
Hawaii Revised Statutes.
(11) Compromises : With the approval of the corporation counsel to compromise any claim
arising under this chapter not exceeding $500, and if a claim exceeds $500, the director shall
obtain the approval of the council, the administration of which is within the scope of the
department's duties; and in any such case there shall be placed on file and in the finance
department's office a statement of (A) the amount of tax assessed, or proposed to be assessed,
(B) the amount of penalties and interest imposed or proposed to be assessed, (C) the amount
of penalties and interest imposed or which could have been imposed by law with respect to the
item (A), as computed by the department, (D) the total amount of liability as determined by
the terms of the compromise, and the actual payments made thereon with the dates thereof and
(E) the reasons for the compromise.
(12) Retroactivity of rulings: To prescribe the extent, if any, to which any ruling, regulation, or
construction of the provisions of this chapter shall be applied without retroactive effect.
(13) Remission of delinquency penalties and interest: Except incases of fraud or wilful violation of
the provisions of this chapter or wilful refusal to make a return setting forth the information
required by this chapter (but inclusion in a return of a claim of nonliability for the tax shall not
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be deemed u _~sal to make a return), the department m, ,:mit any amount of penalties or
interest added, under this chapter, to any tax thatis delinquent for not more than one hundred-, ~i, r- i . ~
eighty days, in a case of excusable failure to file a return or pay a tax within the time required by
this chapter, or in a case of uncollectibility of the whole amount due; and in any such case there
shall be placed on file in the department's office a statement showing the names of the person
receiving such remission, the principal amount of the tax, and the year or period involved.
(14) Closing agreements: To enter into an agreement in writing with any taxpayer or other person
relating to the liability of such taxpayer or other person, under this chapter, the administration
of which is within the scope of the department's duties, in respect of any taxable period, or
in respect of one or more separate items affecting the liability for any taxable period; such
agreement, signed by or on behalf of the taxpayer or other person concerned, and by or on behalf
of the County, shall be final and conclusive, and except upon a showing of fraud or malfeasance,
or misrepresentation of a material fact, (A) the matters agreed upon shall not be reopened, and the
agreement shall not be modified, by any officer or employee of the County, and (B) in any suit,
action or proceeding, such agreement, or any determination, assessment, collection, payment,
refund or credit made in accordance therewith, shall not be annulled, modified, set aside or
disregarded.
(15) Other powers and duties: In addition to the powers and duties contained in this section, the
powers and duties contained in this chapter for levying, assessing, collecting, receiving, and
enforcing payments of the tax imposed hereunder, and otherwise relating thereto, shall be
severally and respectively conferred, granted, practiced, and exercised for levying, assessing,
collecting, and receiving and enforcing payment of the taxes imposed under the authority of this
chapter.
(1981, Ord. No. 613, sec. 3.)
Section 19-4. Oaths.
The director may administer all oaths or affirmations required to be taken or be administered under this
chapter.
(1981, Ord. No. 613, sec. 4.)
Section 19-5. Hearings and subpoenas.
The director may conduct any inquiry, investigation, or hearing, relating to any assessment, or the amount
of any tax, or the collection of any delinquent tax, including any inquiry or investigation into the financial
resources of any delinquent taxpayer or the collectibility of any delinquent tax. The director may administer oaths
and take testimony under oath relating to the matter of inquiry or investigation, and subpoena witnesses and
require the production of books, papers, documents, and records pertinent to such inquiry. If any person disobeys
such process, or, having appeared in obedience thereto, refuses to answer pertinent questions put to the person by
the director or to produce any books, papers, documents or records, pursuant thereto, the director may apply to the
third circuit court setting forth such disobedience to process or refusal to answer, and such court or judge shall cite
such person to appear before such court or judge to answer such questions or to produce such books, papers,
documents, or records, and upon the person's refusal to do so commit such person to j ail until the person testifies
but not for a longer period than sixty days. Notwithstanding the serving of the term of commitment by any person,
the director may proceed in all respects as if the witness had not previously been called upon to testify. Witnesses
(other than the taxpayer or the taxpayer's or its officers, directors, agents- and employees) shall be allowed their
fees and mileage as in cases in the circuit courts to be paid on vouchers of the County, from any moneys available
for expenses of the director.
(1982, Ord. No. 613, sec. 5.)
Section 19-6. Timely mailing treated as timely filing and paying.
(a) General Rule. Any report, claim, tax return, statement, or other document required or authorized to be
filed with or any payment made to the County which is:
(1) Transmitted through the United States mail, shall be deemed filed and received by the County
on the postmark date stamped upon the envelope or other appropriate wrapper containing it.
(2) Mailed but not received by the County or where received and the postmark date is illegible, , ~
erroneous, or omitted, shall be deemed filed and received on the date it was mailed if the sender
establishes by competent evidence that the report, claim, tax return, statement, remittance, or other
document was deposited in the United States mail on or before the date due for filing; and incases
of the nonreceipt of a report, tax return, statement, remittance, or other document required by law
to be filed, the sender files with the County a duplicate within thirty days after written notification
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is given to tl; Eder by the County of its nonreceipt of th, _,ort, tax return, statement,
remittance, or other document.
(b) Registered Mail, Certified Mail, Certificate of Mailing. If any report, claim, tax return, statement,
remittance, or other document is sent by United States registered mail, certified mail, or certificate of
mailing, a record authenticated by the United States Postal Service of the registration, certification, or
certificate shall be considered competent evidence that the report, claim, tax return, statement,
remittance, or other document was delivered to the director, and the date of registration, certification, or
certificate shall be deemed the postmarked date.
(1981, Ord. No. 613, sec. 6.)
Section 19-7. Tag collection; general duties, powers of director.
The director shall collect all taxes under this chapter according to the assessments and shall be liable and
responsible for the full amount of the taxes assessed, unless the director shall under oath account for the
noncollection of the same, or if the director shall be released from accountability as provided in section 19-9. The
corporation counsel shall assist the director in the collection of all taxes under this chapter.
(1981, Ord. No. 613, sec. 7; Am. 1984, Ord. No. 84-10, sec. 2.)
Section 19-8. Restrict court judges; misdemeanors and actions for tag collections.
Except as otherwise provided in this chapter, the district court judges for the third circuit court for the
State, as authorized in 231-12, IRS, shall have jurisdiction to try misdemeanors arising under this chapter and all
complaints for the violation of this chapter and to impose any of the penalties therein prescribed and shall also
have the jurisdiction to hear and determine all civil actions and proceedings for the collection and enforcement
of collection and payment of all taxes assessed thereunder, and all actions or judgments obtained in tax actions
and proceedings, notwithstanding the amount claimed.
(1981, Ord. No. 613, sec. 8.)
Section 19-9. Director; collection, records of delinquent taxes, uncollectible delinquent taxes.
The director shall be responsible for the collection and general administration of all delinquent taxes and
shall duly and accurately account for all delinquent taxes collected.
The department of finance shall prepaze and maintain a complete record, open to public inspection, of the
amounts of taxes assessed which have become delinquent and the name of the delinquent taxpayer in each case,
but it shall not be necessary to periodically compute on the records the amount of penalties and interest upon
delinquent taxes.
The department may from time to time prepare lists of all taxes delinquent which in its judgment are
uncollectible. Such taxes as the department finds to be uncollectible shall be entered in a special record and be
deleted from the other books kept by the department, and the department shall thereupon be released from any
further accountability for their collection; provided, that no account shall be so deleted until it shall have been
delinquent for at least two years. Any items so deleted may be transferred back to the delinquent tax roll if the
department finds that the alleged facts as previously presented to it were not true, or that such items are in fact
collectible.
(1981, Ord. No. 613, sec. 9; Am. 1984, Ord. No. 84-10, sec. 3.)
Section 19-10. Legal representative.
The corporation counsel or the prosecuting attorney shall assign one of their deputies as attorney and legal
advisor and representative of the director. The corporation counsel or the prosecuting attorney may proceed to
enforce payment of delinquent taxes by any means provided by law. Any legal proceeding may be instituted in
the name of the director or the director's deputy.
(1981, Ord. No. 613, sec. 10.)
Section 19-11. Abstracts of registered conveyances, copies of corporation exhibits, etc., furnished to
director.
The director may request abstract of titles. For the purpose of assisting the director in arriving at a correct
valuation of the property within each district, the registrar of conveyances, or any other agency so requested by
the department, shall famish to the department, monthly, quarterly, or as otherwise as required by the department,
an abstract of the conveyances of, or other documents affecting title to, or assessment of, real property in each
district, which have been entered for record at the bureau of conveyances, executed, or filed, as the case may be,
during the period covered by such abstract. The director of regulatory agencies shall each year furnish the
. deparhnent as requested, copies of the annual corporation exhibits of any or all corporations owning real property
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in anv district or anv informs. .:ontained in such exhibits.
(1981, Ord. No. 613, sec. 11.)
Section 19-12. Returns, made when; form; open to public; failure to file.
Whenever the director finds that the filing of returns under this section is advisable for the making of
assessments and so orders, the director shall give, to the taxpayers during the month of December, of the year such
order is made, public notice (by publication thereof, in English, at least three times on different days during the
month, in a newspaper of general circulation in the County of Hawaii, published in the English language) requiring
such taxpayers to file with the director, on or before January 15 of the succeeding year, returns in the manner and
form required by this section. After such publication of notice, every person owning, or having possession, custody
or control of, real property whether entitled to exemption or not, shall during the month of January, file upon forms
prescribed by the director and in the manner required by such forms, a return signed as provided in section 19-13
setting forth the description and location of all real property belonging to such person. or of which the person had
possession, custody or control on January 1, and setting forth the taxpayer's opinion of the market value thereof
as of January 1. It shall be sufficient to describe the person's real property by setting forth the location and a brief
description in sufficient detail to identify the real property.
Whenever the director shall determine that there are not sufficient evidences of value to form the basis
of a sound appraisal, for assessment purposes, of the value of the real property or real properties or portions
thereof, of any taxpayer it may, upon notice of not less than thirty days, require the taxpayer to file a return as
described in the foregoing paragraph.
All returns made under this section shall be open to inspection by the public, unless protected from
disclosure by the provisions of the Uniform Information Practices Act, and shall be admissible in evidence against ' ~
the person making the return, in any State court in any action wherein the value of the real property, or portion
thereof, covered by the return may be in dispute.
Returns made under this section shall be taken into consideration by the director in making appraisals for
assessment purposes; the opinion of any taxpayer as to market value shall not be binding upon the director but no
taxpayer shall be deemed to be aggrieved by any assessment made to the taxpayer's property which is based upon
the opinion of value set forth in the taxpayer's return unless the taxpayer shows lack of uniformity or inequality
as set forth in section 19-93. The opinion of value shall constitute a rebuttable presumption that the market value
of the real property on the date of the return was not greater than the value stated in such return in any subsequent
proceeding brought to condemn the property or any part thereof for public purposes.
(1981, Ord. No. 613, sec. 12.)
Section 19-13. Returns to be signed.
Every return required to be made for real property taxation purposes shall be signed by the person required
to make the return or by some duly authorized person in the taxpayers' behalf.
The director may require that, if any person or persons actually prepare or sign a return for another person,
such form of statement of such facts and of authority to sign such return as may be prescribed by the director shall
be signed by the person so preparing or signing the return, and the director may by regulation define the classes
of persons to whom this provision shall apply.
No oath shall be required upon any real property tax return.
(1981, Ord. No. 613, sec. 13.)
Section 19-14. Returns by fiduciaries.
Every executor, administrator, trustee, guardian, or other fiduciary shall make a return of the real property
represented by the executor, adminstrator, trustee, guazdian, or other fiduciazy in such capacity in the County in
which returns shall be required to be made pursuant to the provisions of this chapter.
(1981, Ord. No. 613, sec. 14.)
Section 19-15. Returns of corporations and co-partnerships.
The returns, statements or answers required by this chapter shall, in the case of a corporation, be made by
any officer thereof, or, in a case of a co-partnership, by any member thereof.
(1981, Ord. No. 613, sec. 15.)
Section 19-16, lYotices, how given.
Unless otherwise provided, every notice, the giving of which by the director is required or authorized, shall
be deemed to have been given on the date when the notice was mailed properly addressed to the addressee's last
known address or place of business.
(1981, Ord. No. 613, sec. 16.)
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Section 19-17. Federal or other taz officials permitted to inspect returns; reciprocal provisions.
Notwithstanding the provisions of any law making it unlawful for any person, officer, or employee of the
County to make known information imparted by any tax return or permit any tax return to be seen or examined
by any person, it shall be lawful to permit a duly accredited tax official of the United States or of any state or
territory or the Multistate Tax Commission to inspect any tax return of any taxpayer, or to furnish to such official,
commission, or the authorized representative thereof an abstract of the return or supply the official, commission,
or the authorized representative with information concerning any item contained in the return or disclosed by the
report of any investigation of the retum or of the subj ect matter of the return for tax purposes only. The Multistate
Tax Commission may make such information available to a duly accredited tax official of the United States or to
a duly accredited tax official of any state or territory, or the authorized representative thereof, for tax purposes
only.
(1981, Ord. No. 613, sec. 17.)
Section 19-18. Records open to public.
All maps and records compiled, made, obtained, or received by the director or any of the director's
subordinates shall be public records, and incase of the death, removal, or resignation of any such officers, shall
immediately pass to the care and custody of their respective successors. The information and all maps and records
connected with the assessment and collection of taxes under this chapter shall, during business hours, be open to
the inspection of the public, unless protected from disclosure by the provisions of the Uniform Information
Practices Act.
(1981, Ord. No. 613, sec. 18.)
Section 19-19. Evidence, taz records as.
In respect of any tax imposed or assessed under this chapter, the administration of which is within the
scope of the director's duties and except as otherwise specifically provided in the law imposing the tax, the notices
of assessments, records of assessments, and lists or other records of payments and amounts unpaid prepared by
or under the authority of the director, or copies thereof, shall be prima facie proof of the assessment of the property
or person assessed, the amount due and unpaid, and the delinquency in payment and that all requirements of law
in relation thereto have been complied with.
(1981, Ord. No. 613, sec. 19.)
Section 19-20. Due date on Saturday, Sunday or holiday.
When the due date for any remittance or document required by this chapter falls on a Saturday, Sunday
or legal holiday, the remittance or document shall not be due until the next succeeding day which is not a Saturday,
Sunday or legal holiday.
(1981, Ord. No. 613, sec. 20.)
Section 19-21. Changes, etc., in assessment lists.
Except as specifically provided in this chapter, no changes in, additions to or deductions from, the real
property tax assessments on the assessment lists prepared as provided in section 19-28 shall be made except to
add thereto properly or assessments which may have been omitted therefrom, or to deduct therefrom adjustments
on account of duplicate assessments and departmental errors, such as, but not limited to, transposition in figures,
typographical errors and errors in calculation.
(1981, Ord. No. 613, sec. 21.)
Section 19-22. Adjustments and refunds.
(a) This subsection shall apply to taxes assessed and collected under this chapter:
(1) In the event of adjustments on account of duplicate assessments and departmental errors, such
as, but not limited to, transposition in figures, typographical errors, and errors in calculations.
the adjustments may be entered upon the records although the full amount appearing on the
records prior to such adjustment has been paid.
(2) There may be refunded in the manner provided in subsection (b) of this section any amount
collected in excess of the amount appearing on the records as adjusted, or any amount
constituting a duplication of payment in whole or in part.
(3) Whenever any real property is deemed by the director to be exempt, except for the minimum tax.
from taxation under section 19-87, if there shall have been paid prior to the effective date of the
exemption any real property taxes applicable to the period following the effective date of the
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exemption, tl. .call be refunded to the nonprofit or limite ,tribution mortgagor owning the
property in the manner provided in subsection (b) all amounts representing the real property
taxes, except for the minimum tax, which have been paid on account of the property and
attributable to the period following the effective date of the exemption.
(4) No such adjustment for refund or taxes owed shall be entered on the records except within two
years after the end of the tax year in which the amount to be refunded was due and payable, unless
a written application for the adjustment has been filed within such period.
(b) This subsection shall apply to all real property taxes:
(1) All refunds and adjustments shall be paid by voucher approved by the director, setting forth all
the details of each transaction. If the person entitled to a refund or adjustment is delinquent in
the payment of the tax, the director, after notice to the delinquent taxpayer, shall withhold the
amount of the delinquent taxes, together with penalties and interest thereon from the amount of
the refund or adjustment and apply the same to the amount owed.
(c) This subsection shall apply to a refund for an overpayment of a tax:
(1) If the amount already paid exceeds the amount determined to be the correct amount of the tax
due, and the taxpayer requests a refund of the overpayment, the amount of overpayment together
with interest, if any, shall be refunded in the manner provided in subsection (b) above. If the
director approves the refund voucher within ninety days from the due date or the date the return
is received, whichever is later, no interest on the overpayment will be allowed or paid. However,
if the director exceeds the time allowed herein, interest will be computed from the due date of
the return until the date that the director sends the refund warrant to the taxpayer.
(2) If any overpayment of taxes results or arises from (A) the taxpayer filing an amended return, or
from (B) a determination made by the director and such overpayment is not shown on the
original return as filed by the taxpayer, interest on the overpayment shall be allowed and paid
from the first month after the due date of the original return to the date that the director signs
the refund voucher. If the director does not send the refund warrant to the taxpayer within
forty-five days after the director's approval, interest will continue until the date that the director
sends the refund warrant to the taxpayer.
(1981, Ord. No. 613, sec. 22.)
Section 19-23. Partial payment of taxes.
Whenever a taxpayer makes a partial payment of a particular assessment of taxes, the amount received by
the director shall first be credited to interest, then to penalties, and then to principal.
(1981, Ord. No. 613, sec. 23.)
Section 19-24. Abetting, etc., misdemeanor.
All persons wilfully aidang, abetting or assisting in any manner whatsoever any person to commit any act
constituted a misdemeanor by this chapter, shall be deemed guilty of a misdemeanor.
(1981, Ord. No. 613, sec. 25.)
Section 19-25. Neglect of duty, etc., misdemeanor.
Any officer or employee of the department of finance, any person duly authorized by the director, or any
police officer, on whom duties are imposed under this chapter, who wilfully fails or refuses or neglects to perform
faithfully any duty or duties of him required by this chapter, shall be deemed guilty of a misdemeanor.
(1981, Ord. No. 613, sec. 26.)
Section 19-26. Penalty for misdemeanors.
Any person convicted of a violation of any provision of this chapter shall be guilty of a misdemeanor, and
shall be sentenced according to Chapter 706 of the Hawaii Revised Statutes.
(1981, Ord. No. 613, sec. 27.)
Article 2. Notice of Assessments and Lists.
Section 19-27. Notice of assessments; addresses of persons entitled to notice.
On or before March 15 preceding the tax year, the director shall give notice of the assessment for the tax
year against each known owner, by personal delivery to the owner of or by mailing to the owner on or before such
date postage prepaid and addressed to the owner at his last known place of residence or address a written notice
identifying the property involved by the tax key and the general class established in accordance with section
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19-53(e) and setting forth sepa<. . ,the valuation placed upon buildings, an. ,valuation placed upon all other
real property, exclusive of buildings, determined pursuant to section 19-53(e), the exemption, if any, allowed or
denied, as the case may be, and the amount of the exemption applied to the buildings and the amount applied to
all other real property, exclusive of buildings, and the net taxable value of the buildings and the net taxable value
of all other real property, exclusive of the buildings.
In addition to the foregoing, the director shall in each year give notice of the assessments for the year by
public notice (by publication thereof at least three times on different days during the month of March of such year
in a newspaper of general circulation, published in the English language) of a time when (which shall not be less
than a period often days prior to March 31 preceding the tax year) and of a place where the records of taxable
properties maintained for the district may be inspected by any person for the purpose of enabling the person to
ascertain what assessments have been made against the person or the person's property and to confer with the
director so that any errors may be corrected before the filing of the assessment list.
(1981, Ord. No. 613, sec. 28.)
Section 19-28. Assessment lists.
On or before April 19 preceding the tax year the director shall have prepared from the records of taxable
properties a list in duplicate of all assessments made, which list shall be signed and sworn to by the person
preparing it. The assessment list shall identify the property assessed by its tax key and shall set forth the general
class of the property established in accordance with section 19-53(e}, the valuation of buildings and the valuation
of all other real property, exclusive of buildings, the amount of exemption allowed on buildings and the amount
of exemption allowed on all other real property, exclusive of the buildings, and the net taxable value of the
buildings and the net taxable value of all other real property, exclusive of the buildings. The assessment list shall
be the lists in accordance with which taxes shall be collected, subject only to change made by any court or other
tribunal having jurisdiction, where appeals from assessments have been duly taken and prosecuted to final
determination, and subject to section 19-21. There shall be noted upon such lists all appeals taken for the year and
the amount involved in each case. The original of the assessment lists shall be retained by the person preparing
it, and one copy shall be held by the county clerk.
(1981, Ord. No. 613, sec. 29.)
Section 19-29. Informalities not to invalidate assessments, mistakes in names or notices, etc.
No assessment or act relating to the assessment or collection of taxes under this chapter shall be illegal
or invalidate such assessment, levy, or collection on account of mere informality, nor because the same was not
completed within the time required by law, nor, if the notice by publication provided for by section 19-27 has been
given, on account of a mistake in the name of the owner or supposed owner of the property assessed, or failure to
name the owner, or failure to give the notice of assessment by personal delivery or mail provided for by section
19-27.
(1981, Ord. No. 613, sec. 30.)
Article 3. Taz dills, Payments and Penalties.
Section 19-30. Tai rolls; tai bills.
The director shall prepare tax rolls from the assessment lists provided for by section 19-28, showing
thereon, in each case, names and addresses of the assessed and amount of taxes which shall not be less than as
provided for in section 19-90.
The director shall mail, postage prepaid, or deliver, each year on or before the billing dates as provided
for by section 19-31, to all known persons assessed for real property taxes for such year, respectively, or to their
agents, tax bills demanding payment of taxes due from each such person respectively, but no person shall be
excused from the payment of any tax or delinquent penalties thereon by reason of failure on his part to receive,
or failure on the part of the director so to mail or deliver such bill. The bill, if mailed, shall be addressed to the
person concerned at his last known address or place of residence. Whenever any bill covers taxes for any real
property owned, as joint tenants or as tenants in common or otherwise, by more than one person, the bill may be
sent to any one co-owner and upon written request shall be sent to each known co-owner but shall, in any event,
demand the full amount of the taxes due upon such real property.
(1981, Ord. No. 613, sec. 31; Am. 1990, Ord. No. 90-138, sec. 2.)
Section 19-31. Taxes; due when; installment payments; billing and delinquent dates.
All real property taxes shall be due and payable on and after July 1 of each tax year and the payment
thereof shall be determined in the following manner:
8
All known persons ass 1 for real property taxes shall be billed not . than the billing date designated
in the schedule listed herein; subject however, to the limitations heretofore provided in section 19-30. Each
taxpayer shall pay the real property taxes due from the taxpayer for the year in which the taxes are assessed, in two
equal installments on or before the dates designated in the following schedule:
Fiscal Year Schedule
(Billing Date) (1st Payment) (2nd Payment)
July 20 August 20 February 20
All such taxes due on the first payment date of such year from each taxpayer, which remain unpaid after
the date, shall thereupon become delinquent, and the balance of such taxes due on the second payment date of such
year from each taxpayer, which remain unpaid after the date, shall thereupon become delinquent.
(1981, Ord. No. 613, sec. 32.)
Section 19-32. Penalty for delinquency.
There shall be added to the amount of all delinquent taxes, a penalty of ten percent of such delinquent
taxes as determined by the director, which penalty shall be and become a part of the tax and be collected as a part
thereof.
All delinquent taxes and penalties shall bear interest at the rate of one percent for each month or fraction
thereof until paid, beginning with the first calendar month following the calendar month designated for payment
in section 19-31. The interest shall be and become a part of the tax and be collected as a part thereof.
No taxpayer shall be exempt from delinquent penalties by reason of having made an appeal on the
assessment, but the tax paid, covered by an appeal duly taken, shall be held in a trust account as provided in
section 19-101.
(1981, Ord. No. 613, sec. 33; Am. 1984, Ord. No. 84-20, sec. 2.)
Section 19-33. Assessment of unreturned or omitted property; review; penalty.
If, when returns are required under this chapter, any person refuses or neglects to make such returns, or
declines to authenticate the accuracy thereof as provided in section 19-12, or omits any property from a return, the
director shall make the assessment according to the best information available and shall add to the assessment or
tax lists for the year or years during which it was not taxed, the property unreturned or omitted. Likewise, if for
any other reason any real property has been omitted from the assessment lists for any year or years, the director
shall add to the lists the omitted property. Notice of the action shall be given the owner, if known, within ten days
after the assessment or addition, by mailing the same addressed to the owner's last known place of residence. Any
owner desiring a review of the assessment or the addition may appeal to the board of review by filing with the
director a written notice thereof in the manner prescribed in section 19-99 at any time within thirty days after the
date of mailing such notice, or may appeal to the tax appeal court by filing written notice of appeal with, and
paying the necessary costs to, such court within the period and in the manner prescribed in section 19-98.
A penalty of ten percent shall be added by the director to the amount of any assessment made by the
director pursuant to this section, which penalty shall be and become a part of the assessment so made; but no such
penalty shall be imposed where the failure to assess or tax the property was not due to the refusal or neglect of the
owner to return the property or authenticate the accuracy of the owner's return.
For the purpose of determining the date of delinquency of taxes pursuant to assessments under this section,
such taxes shall be deemed delinquent if not paid within thirty days after the date of mailing of notice of
assessment, or if assessed for the current assessment year, within thirty days after the date of mailing the notice
or on or before the next installment payment date, if any, for such taxes, whichever is later.
(1981, Ord. No. 613, sec. 34.)
Section 19-34. Reassessments.
Any property assessed to a person or persons who did not have the record title upon January 1 preceding
the tax year in which the assessment was made, may be, and in any case where the attempted assessment of
property is void or so defective as to create no real property tax lien on the property and the taxes have not been
fully collected, the property shall be assessed as omitted property in the manner provided in section 19-33.
(1981, Ord. No. 613, sec. 35.)
9
Article 4. Remissions.
Section 19-35. Remission of taxes on acquisition by government.
Whenever any real property is acquired for public purposes by the United States, the State or the County,
and whenever any government lease or other tenancy shall terminate, the director is authorized to remit the taxes
due thereon for the balance of the taxation period or year from and after the date of acquisition of the property,
or the termination of the government lease or other tenancy, as the case may be.
In case the State or the County takes possession of real property which is the subject of eminent domain
proceedings commenced for the acquisition of the fee simple estate in such land by the State or the County, taxes
are authorized to be remitted as provided in sections 101-35 to 39, Hawaii Revised Statutes, subject to section
101-39(1), Hawaii Revised Statutes.
In case the owner of real property grants to the State or the County a right of entry with respect to such
real property and the State or the County enters into possession under the authority of the right of entry with
intention to acquire the fee simple estate therein and to devote the real property to public use, the State or the
County shall certify to the director the date upon which it took possession, and upon receipt of the certificate the
director is authorized to remit the real property tax on the parcel of land or portion of a parcel of land so coming
into the possession of the State or the County for the balance of the taxation period which is subsequent to the date
of possession.
In case the United States takes possession of real property which is the subject of eminent domain
proceedings commenced for the acquisition of the fee simple estate in such land, taxes aze authorized to be
remitted for the balance of the taxation period or yeaz after such taking, as provided in this paragraph. The
remission shall be allowed conditionally upon the presentation to the director, of a written notice and agreement,
signed by the person, or one or more of the persons, owning the land, stating the date of such taking of possession
by the United States, and agreeing that out of the first funds received by such owner or owners from such
condemnation there shall be paid sufficient moneys to dischazge the lien for any real property taxes existing upon
the land prorated up to and including the date of such taking possession of the property; provided that the notice
may be accompanied by payment of the prorated amount of taxes in lieu of such agreement. Section 101-39,
Hawaii Revised Statutes, is hereby made applicable to such land and the owner or owners thereof and to the
conditional remission authorized by this paragraph. It is further provided that in the event the prorated taxes up
to the time of such taking possession shall not be paid by the owner or by one or more of the owners of the land
within ten days after receipt by such owner or owners of the compensation for the condemnation, or within such
additional time as shall be allowed by the director, then the conditional remission of taxes shall be void, and such
owner or owners shall be liable for all taxes, penalties, and interest which would have accrued had no such
conditional remission been allowed.
(1981, Ord. No. 613, sec. 36.)
Section 19-36. Remission of taxes in cases of certain disasters.
In any case of the damage or destruction of real property as the result of a tidal wave, earthquake, fire,
landslides, or volcanic eruption, or as the result of flood waters overflowing the banks or walls of a river or stream,
or other disasters the director is authorized to remit taxes due on such property, to the extent and in the manner
hereinafter set forth:
(1) The director shall determine whether the property was wholly destroyed,or was partially
destroyed or damaged, and in the latter event shall determine what percentage of the value of
the whole property was destroyed or otherwise lost by reason of the disaster.
(2) If the property was wholly destroyed, the amount remitted shall be such portion of the total tax
on the properly for the tax year in which such destruction occurred as shall constitute the portion
of the tax year remaining after such destruction.
(3) If the property was partially destroyed or was damaged, the percentage of the value destroyed
or otherwise lost, determined as provided in paragraph (1), shall be applied to the total tax on
the property and of the amount of tax so determined there shall be remitted such portion as shall
constitute the portion of the tax year remaining after such partial destruction or damage.
(4) Application for a remission of taxes pursuant to this section shall be filed with the director on
or before June 30 of the tax yeaz involved, or within sixty days after the occurrence of the
disaster, whichever is the later. Any amount of taxes authorized to be remitted by this section,
which has been paid, shall be refunded upon proper application therefor out of real property tax
collections.
(5) The director shall have the authority to extend the period for the remission of taxes for property
that was wholly or partially damaged or destroyed for the percentage of the property which was
10
affected by , disaster, for a period not to exceed one after the tax year in which the
disaster took place.
(1981, Ord. No. 613, sec. 37; Am. 1990, Ord. No. 90-90, sec. 2., Ord No. 95-135, sec. 2.)
Article 5. Liens, Foreclosure.
Section 19-37. 1`az liens; co-owners' rights; foreclosure; limitation.
Every tax due upon real property, as defined by section 19-2, shall be a pazamount lien upon the property
assessed, which lien shall attach as of July 1 in each tax year and shall continue for six years. If proceedings for
the enforcement or foreclosure of the lien are brought within the applicable period hereinabove designated, the
lien shall continue until the termination of said proceedings or the completion of such sale.
Incase of cotenancy, if one cotenant pays, within the period of the aforesaid government lien, all of the
real property taxes, interest, penalties, and other additions to the tax, due and delinquent at the time of payment,
the cotenant shall have, pro tanto, a lien on the interest of any noncontributing cotenant upon recording in the
bureau of conveyances, within ninety days after the payment so made by the cotenant, a sworn notice setting forth
the amount claimed, a brief description of the land affected by tax key or otherwise, sufficient to identify it, the
tax year or years, and the name of the cotenant upon whose interest such lien is asserted. When a notice of such
tax lien is recorded by a cotenant, the registraz shall forthwith cause. the same to be indexed in the general indexes
of the bureau of conveyances. Incase the land affected is registered in the land court, the notice shall also contain
a reference to the number of the certificate of title of such land and shall be filed and registered in the office of the
assistant registraz of the land court, and the registrar, in the registraz's capacity as assistant registraz of the land
court, shall make a notation of the filing thereof on each land court certificate of title so specified.
The cotenant's lien shall have the same priority as the lien or liens of the government for the taxes paid
by the cotenant, and may be enforced by an action in the nature of suit inequity. The lien shall continue for three
years after recording or registering, or until termination of the proceedings for enforcement thereof if such
proceedings aze begun, and notice of the tendency thereof is recorded or filed and registered as provided by law,
within the period.
The duector or the director's subordinate, in case of a govemment lien, and the creditor cotenant, in a case
of a cotenant's lien, shall, at the expense of the debtor, upon payment of the amount of the lien, execute and deliver
to the debtor a sworn satisfaction thereof, including a reference to the name of the person assessed or cotenant
affected as shown in the original notice, the date of filing of the original notice, a description of the land involved,
and the number of the certificate of title of such land if registered in the land court, which, when recorded in the
bureau of conveyances or filed and registered in the office of the assistant registraz of the land court, shall, in the
case of a cotenant's lien, which contains the reference to the book and page of the original lien, be entered in the
general indexes of the bureau of conveyances, and if a notation of the original notice was made on any land court
certificate of title the filing of such satisfaction shall also be noted on the certificate.
This section as to cotenancy shall apply, as well, in any case of ownership by more than one assessable
person.
Upon enforcement or foreclosure by the government in any manner whatsoever, of any such real property
tax lien, all taxes of whatsoever nature and howsoever accruing due at the time of the foreclosure sale from the
taxpayer against whose property such tax lien is so enforced or foreclosed shall be satisfied as faz as possible out
of the proceeds of the sale remaining after payment of (1) the costs and expenses of the enforcement and
foreclosure including a title search, if any, (2) the amount of subsisting real property tax liens, and (3) the amount
of any recorded liens against the property, in the order of their priority, provided a claim for the surplus has been
filed with the director within one year from the date of the sale.
The liens may be enforced by action of the director in the circuit court of the third circuit, and the
proceedings had before the circuit court shall be conducted in the same manner and form as ordinary foreclosure
proceedings as provided for in chapter 634, Hawaii Revised Statutes. If the owners or claimants of the property
against which a lien is sought to be foreclosed aze at the time out of the County or cannot be served within the
County, or if the owners are unknown, and the fact shall be made to appear by affidavit to the satisfaction of the
court, and it shall in like manner appear prima facie that a cause of action exists against such owners or claimants
or against the property described in the complaint, or that such owners or claimants are necessary or proper parties
to the action, the director may request the court that service be made in the manner provided by sections 634-23
to 634-29, Hawaii Revised Statues.
In any such case, it shall not be necessary to obtain judgment and have execution issued and returned
unsatisfied, before proceeding to foreclose the lien for taxes in the manner herein provided.
(1981, Ord. No. 613, sec. 38; Am. 1988, Ord. No. 88-74, sec. 1.)
11
Section 19-38. Tax liens; . ,tosure without suit, notice.
All real property on which a lien for taxes exists may be sold byway of foreclosure without suit by the
director, and in case any lien, or any part thereof, has existed thereon for three years, shall be sold by the director
at public auction to the highest bidder, for cash, to satisfy the lien, together with all interest, penalties, costs, and
expenses due or incurred on account of the tax, lien, and sale, the surplus, if any, to be rendered to the person
thereto entitled. 'The sale shall be held at any public place proper for sales on execution, after notice published at
least once a week for at least four successive weeks immediately prior thereto in any newspaper with a general
circulation of at least sixty thousand published in the State and any newspaper of general circulation published
and distributed in the County. If the address of the owner is known or can be ascertained by due diligence,
including an abstract of title or title seazch, the director shall send to each owner notice of the proposed sale by
registered mail, with request for return receipt. If the address of the owner is unknown, the director shall send a
notice to the owner at his last known address as shown on the records of the department of finance. The notice shall
be deposited in the mail at least forty-five days prior to the date set for the sale. The notice shall also be posted
for a like period in at least three conspicuous public places within the County and if the land is improved, one of
the three postings shall be on the land.
(1981, Ord. No. 613, sec. 39.)
Section 19-39. Same; registered land.
If the land has been registered in the land court, the director shall also send by registered mail a notice for
the proposed sale to any person holding a mortgage or other lien registered in the office of the assistant registrar
of the land court. The notice shall be sent to any such person at his last address as shown by the records in the
office of the registrar, and shall be deposited in the mail at least forty-five days prior to the date set for the sale.
(1981, Ord. No. 613, sec. 40.)
Section 19-40. Same; notice, for of.
The notice of sale shall contain the names of the persons assessed, the names of the present owners (so
far as shown by the records of the duector and the records, if any, in the office of the assistant registrar of the land
court) the character and amount of the tax, and the tax year or yeazs, with interest, penalties, costs, expenses, and
charges accrued or to accrue to the date appointed for the sale, a brief description of the property to be sold, and
the time and place of sale, and shall warn the persons assessed, and all persons having or claiming to have any
mortgage or other lien thereon or any legal or equitable right, title, or other interest in the property, that unless the
tax, with all interest, penalties, costs, expenses, and charges accrued to the date of payment, is paid before the time
of sale appointed, the property advertised for sale will be sold as advertised. The duector may include in one
advertisement of notice of sale notice of foreclosure upon more than one pazcel of real property, whether or not
owned by the same person and whether or not the liens are for the same tax yeaz or years.
(198 1, Ord. No. 613, sec. 41.)
Section 19-41. Same; postponement of sale, etc.
If at the time appointed for the sale, the director shall deem it expedient and for the interest of all persons
concerned therein to postpone the sale of any property or properties for want of purchasers, or for other sufficient
cause, he may postpone it from time to time, until the sale shall be completed, giving notice of every such
adjournment by a public declazation thereof at the time and place last appointed for the sale; provided, that the sale
of any property may be abandoned at the time first appointed or any adjourned date, if no proper bid is received
sufficient to satisfy the lien, together with all interest, penalties, costs, expenses, and charges.
(1981, Ord. No. 613, sec. 42.)
Section 19-42 Same; taa deed; redemption.
The director or his subordinate shall, on payment of the purchase price, make, execute, and deliver all
proper conveyances necessary in the premises and the delivery of the conveyances shall vest in the purchaser the
title in fee thereto, and such title shall be free and clear of any lien, claim, or encumbrance against such property
except the lien for real property taxes subsequent to that for which the property was sold, subject only to any
mineral rights of the State and any easements in favor of any governmental entity; provided, that the taxpayer may
redeem the property sold by payment to the purchaser at the sale, within one year from the date of the sale, of the
amount paid by the purchaser, together with all costs and expenses which the purchaser was required to pay,
including the fee for recording the deed, and in addition thereto, interest on such amount at the rate of twelve
percent a year.
(1981, Ord. No. 613, sec. 43; Am. 1988, Ord. No. 88-74, sec. 2.)
12
Section 19-43. Same; cost.. .
The director by rules or regulation may prescribe a schedule of costs, expenses, and charges and the manner
in which they shall be apportioned between the various properties offered for sale and the time at which each cost,
expense, or charge shall be deemed to accrue; and such costs, expenses, and charges shall be added to and become
a part of the lien on the property for the last year involved in the sale or proposed sale, the tax for which is
delinquent. Such costs, expenses, and charges may include provision for the making of and the securing of
certificates of searches of any records to furnish information to be used in or in connection with the notice of sale
or tax deed, or in any case where the director shall deem such advisable; provided, that the director shall not be
required to make such searches or to cause them to be made except as provided by section 19-39 with respect to
mortgages or other liens registered in the office of the assistant registrar of the land court.
(1981, Ord. No. 613, sec. 44.)
Section 19-44. Taz deed as evidence.
The tax deed referred to in section 19-42 is prima facie evidence that:
(1) The property described by the deed was duly assessed or taxed in the yeazs stated in the deed and
to the persons therein named;
(2) The property described by the deed was subject on the date of the sale to a lien or liens for real
property taxes, penalties, and interest in the amount stated in the deed, for the tax years therein
stated, and that the taxes, penalties, and interest were due and unpaid on the date of sale;
(3) Costs, expenses, and charges due or incurred on account of the taxes, liens, and sale had accrued
at the date of the sale in the amount stated in the deed;
(4) The person who executed the deed was the proper officer;
At a proper time and place the property was sold at public auction as prescribed bylaw, and by
the proper officer;
(6) The sale was made upon full compliance with sections 19-38 to 19-43 and all laws relating
thereto, and after giving notice as required by law;
(7) The grantee named in the deed was the person entitled to receive the conveyance.
(1981, Ord. No. 613, sec. 45.)
Section 19-45. Disposition of surplus moneys.
The director shall pay from the surplus all taxes, including interest and penalties, of whatsoever nature
and howsoever accruing, as provided in section 19-37 and further the director may pay from the surplus the cost
of a seazch of any records where such search is deemed advisable by the director to ascertain the person or persons
entitled to the surplus; provided, nothing herein contained shall be construed to require the director to make or
cause any such search to be made.
All proceeds remaining after payment of the costs and expenses •of the enforcement and foreclosure of the
tax lien, including a title search, and the amount of subsisting real property taxes, shall be distributed to lienholders
of record in the order of their priority who have filed claims for the surplus with the director within one year from
the date of sale. Any lien, claim or encumbrance against the property remaining unsatisfied after the distribution
of the surplus moneys shall be extinguished and unenforceable against the property and the purchaser to whom
the property is conveyed by the director. If, in order to ascertain the person or persons entitled to the surplus, the
director deems it advisable to conduct a search of any records, the director may pay from the surplus the cost of
such seazch; provided, nothing herein contained shall be construed to require the director to make or cause any
search to be made. Any lienholder failing to file a claim for the surplus within one yeaz from the date of the sale
shall have no right to the surplus. The director shall pay from any surplus remaining after distribution to record
lienholders who have filed claims, all taxes, including interest and penalties, of whatsoever nature and howsoever
accruing due at the time of the foreclosure sale from the taxpayer against whose property such tax lien is so
enforced or foreclosed. If after payment of all taxes surplus funds remain, the director shall pay the surplus to the
taxpayer against whose property the tax lien was foreclosed, provided that the taxpayer has filed a claim for the
surplus with the director within two years from the date of sale. Any surplus remaining after payment to all those
entitled as herein set forth shall be deposited into the County general fund.
If the director is in doubt as to the person or persons entitled to the balance of the fund, the director may
refuse to distribute the surplus and any claimant may sue the director in the third circuit court. The director may
require the claimants to interplead, in which event the director shall state the names of all claimants and shall cause
them to be made parties to the action. If there are persons entitled to the fund who have not filed a claim, or if in
the director's opinion there may be other persons entitled to the fund who are unknown, the director may apply
for an order or orders joining these persons.
Any orders of the court or summons in the matter may be served as provided by law or the rules of court,
13
and all persons having any inte. .ii the moneys who are known, including ~uazdians of such of them as are
under legal age or under any other legal disability (and if any one or more of them is under legal age or under other
legal disability and without a guardian, the court shall appoint a guardian ad litem to represent them therein) shall
have notice of the action by personal service upon them. All persons having any interest in the moneys whose
names are unknown or who if known do not reside within the State or for any reason cannot be served with process
within the State shall have notice of the action as provided by sections 634-23 to 634-29, HRS, except that any
publication of summons shall be in at least one newspaper of general circulation published in the State and having
a general circulation in the County, and the form of notice to be published shall provide a brief description of the
property which was sold.
All expenses incurred by the director shall be met out of the surplus moneys realized from the sale.
(1981, Ord. No. 613, sec. 46; Am. 1988, Ord. No. 88-74, sec. 3; Am. 1994, Ord. No. 94-60, sec. 2.)
Article 6. hate; Levy.
Section 19-46. Taz base and rate.
Except as exempted or otherwise taxed, all real property shall be subject to a tax upon one hundred percent
of its market value determined in the manner provided by ordinance, at such rate as shall be determined in the
manner provided in section 19-90. No taxpayer shall be deemed aggrieved by an assessment, nor shall an
assessment be lowered, except as the result of a decision on an appeal as provided by law.
(1981, Ord. No. 613, sec. 48; Am. 1982, Ord. No. 765, sec. 2.)
Section 19-47. Taz year; time as of which levy and assessment made.
For real property tax purposes, "tax year" shall-mean the fiscal yeaz beginning July 1 of each calendar yeaz
and ending June 30 of the following calendar year. Real property shall be assessed, and taxes shall be levied
thereon, as of January 1 preceding each tax yeaz upon the basis of valuations determined in the manner and at the
time provided in this chapter.
(1981, Ord. No. 613, sec. 49.)
Section 19-48. Assessment of property; to whom in general.
Real property shall be assessed in its entirety to the owner thereof. For the purposes of this chapter, life
tenants, personal representatives, trustees, guardians, or other fiduciaries may be, and persons holding government
property under an agreement for the conveyance of the same to such persons shall be considered as owners during
the time any real property is held or controlled by them as such. Lessees holding under any government lease shall
be considered as owners during the time any real property is held or controlled by them as such, as more fully
provided in section 19-84; and further, notwithstanding any provisions to the contrary in this chapter, any tenant
occupying government land, whether such occupancy be on a permit, license, month to month tenancy, or
otherwise, shall be considered as owner where such occupancy has continued for a period of one year or more, as
more fully provided in section 19-84. Persons holding any real property under an agreement to purchase the same,
shall be considered as owners during the time the real property is held or controlled by them as such; provided the
agreement to purchase (1) shall have been recorded in the bureau of conveyances, and (2) shall provide that the
purchasers shall pay the real property taxes levied on the property. Persons holding any real property under a lease
for a term of ten years or more, shall be considered as owners during the time the real property is held or controlled
by them as such; provided that the lease (1) shall have been duly entered into and recorded in the bureau of
conveyances or filed in the office of the assistant registrar of the land court prior to January 1 preceding the tax
year for which the assessment is made, and (2) shall provide that the lessee shall pay all taxes levied on the
property during the term of the lease.
(1981, Ord. No. 613, sec. 50.)
Section 19-49. Imposition of real property taxes on reclassification.
A portion of real property taxes shall be imposed upon and paid by the owner or owners thereof when:
(1) The property of the owner has been leased for a term of ten years or more; and
(2) The classification of the property has been changed to a classification of a higher use during the
life of the lease; and
(3) The classification to a higher use has occurred without the lessee petitioning for such higher
classification. Taxes which are imposed upon the owners of property under this section shall be
paid by the owner of such property without being transferred to the lessee and such tax shall be
the difference between the assessed valuation of the property after the classification change times
. the applicable tax rate less the assessed valuation of the property as it existed prior to the
14
classificatioi. _nge times the applicable tax rate.
(1981, Ord. No. 613, sec. 51.)
Section 19-50. Assessment of property of corporations or co-partnerships.
Property of a corporation or co-partnership shall be assessed to it under its corporate or firm name.
(1981, Ord. No. 613, sec. 52.)
Section 19-51. Fiduciaries, liability.
Every personal representative, trustee, guardian, or other fiduciary herein after referred to as "the
fiduciary" shall be answerable as such for the performance of all such acts, matters, or things as are required to
be done by this chapter in respect to the assessment of the real property the fiduciary represents in the fiduciary's
capacity, and the fiduciary shall be liable as such fiduciary for the payment of taxes thereon up to the amount of
the available property held by the fiduciary in such capacity, but the fiduciary shall not be personally liable. The
fiduciary may retain, out of the money or other property which the fiduciary may hold or which may come to the
fiduciary in the fiduciary's capacity, so much as may be necessary to pay the taxes or to recoup the fiduciary's
payment thereof, or the fiduciary may recover the amount thereof paid by the fiduciary from the beneficiary to
whom the property shall have been distributed.
(1981, Ord. No. 613, sec. 53.)
Section 19-52. Assessment of property of unknown owners.
The taxable property of persons unlaiown, or some of whom are unknown, shall be assessed to "unknown
owners," or to named persons and "unknown owners," as the case may be. The taxable property of persons not
having record title thereto on January 1, preceding the tax year for which the assessment is made, may be assessed
to "unknown owners," or to named persons and "unknown owners," as the case may be. Such property may be
levied upon for unpaid taxes.
(1981, Ord. No. 613, sec. 54.)
Article 7. Tan Maps; Valuations.
Section 19-53. Valuation; considerations in fining.
(a) The director shall cause the mazket value of all taxable real property to be determined and annually
assessed by the market data and cost approaches to value using appropriate systematic methods
suitable for mass valuation of properties for taxation purposes, so selected and applied to obtain, as far
as possible, uniform and equalized assessments throughout the County.
In making such determination and assessment, the director shall separately value and assess,
within each class established in accordance with subsection (e) of this section:
(1) Buildings
(A) In determining the value of buildings, consideration shall be given to any additions,
alterations, remodeling, modifications or other new construction, improvement or
repair work undertaken upon or made to existing buildings as the same may result in
higher assessable valuation of said buildings.
(2) All other real property, exclusive of buildings.
(b) So far as practicable, records shall be compiled and kept which shall show the methods established by
or under the authority of the director, for the determination of values.
(c) Whenever land has been divided into lots or parcels as provided by law, each such lot or parcel shall
be separately assessed.
(d) When a condominium property regime is declared for a property, each unit shall be classified upon
consideration of its actual use into one of the general classes in the same manner as land.
When the condominium property is within the state agricultural land use district and such
condominiumallows the use of dwellings, the portion of land attributable to a unit, as a limited common
element or as an apartment, shall be assessed at the market value of a compazably sized parcel.
(e) Classification of land:
(1) Except as otherwise provided in subsection (e)(2) of this section, land shall be classified, upon
consideration of its highest and best use, into the following general classes:
(A) Residential (Pitt 1),
(B) Apartment (Pitt 2), ~
15
(C) Con. ,;ial (Pitt 3),
(D) Industrial (Pitt 4),
(E) Agricultural or Native Forest (Pitt 5),
(F) Conservation (Pitt 6),
(G) Hotel and Resort (Pitt 7),
(H) Rural (Pitt 8), and
(I) Homeowner (Pitt 9).
(2) In assigning land to one of the general classes the director shall give major consideration to the
districting established by the land use commission pursuant to chapter 205, Hawaii Revised
Statutes, the districting established by the County in its general plan and zoning ordinance, use
classifications established in the general plan of the State, and such other factors which influence
highest and best use, except that parcels which are used exclusively as the owner's principal
residence shall be classified as "Homeowner" without regard to the highest and best use, provided
that the director has granted to the owner a home exemption in accordance with sections 19-71 to
19-72.
(A) The homeowner class is exclusively reserved for properties which are used as the owner's
principal residence. Uses which shall not qualify as "Homeowner" include:
(i) Real property which is valued according to its agricultural use pursuant to
subsection 19-56,
(ii) Real property which is dedicated to agriculture pursuant to section 19-57, or to
the Native Forest Dedication pursuant to section 19-58,
(iii) Real property which is used for commercial or income producing purposes,
except home occupations pursuant to Chapter 25, Hawaii County Code and
non-dedicated agricultural uses when the land is assessed at market value,
(iv) Real property which is used for residential rental purposes, whether for short or
long term lease,
(v) Real property which is used for any purpose other than the owner's principal
residence.
(3) Whenever there is an overlap or contradiction in districting or use classification between the
County and the State, zoned districts by the County shall take precedence.
(1981, Ord. No. 613, sec. 56; Am. 1982, Ord. No. 834, sec. 2; Am. 1984, Ord. No. 84-21, sec. 1; Am. 1990, Ord.
No. 90-136, sec. 2; Am. 1990, Ord. No. 90-157, sec. l; Am. 1991, Ord. No. 91-143, sec. 2.,
Ord. No. 95- )
Section 19-54. Golf course assessment.
Property operated and used as a golf course shall be assessed for property tax purposes on the following
basis:
The value to be assessed by the director shall be on the basis of its actual use as a golf course rather than
on the valuation based on the highest and best use of the land.
In determining the value of actual use, the factors to be considered shall include, among others rental
income, cost of development, sales price and the effect of the value of the golf course on the value of the
surrounding lands.
(1981, Ord. No. 613, sec. 59.)
Section 19-55. Urban redevelopment, rehabilitation or conservation valuations.
Any increase in value resulting from any additions, alterations, modifications or other new construction,
improvement or repair work to buildings undertaken or made by the owner-occupant thereof pursuant to the
requirements of any urban redevelopment, rehabilitation or conservation project under the provisions of part I I of
chapter 53, Hawaii Revised Statutes, shall not increase the assessable valuation of any building for a period of ten
years from the date of certification as hereinafter provided.
It is further provided that the owner-occupant shall file with the director, in the manner and place which
the director may designate, a statement of the details of the improvements certified in the following manner:
(1) In the case of additions, alterations, modifications or other new construction, improvement
or repair work to a building that are undertaken pursuant to any urban redevelopment,
rehabilitation or conservation project as hereinabove mentioned, the statement shall be
certified by the mayor or any governmental official designated by the mayor and approved
by the council, that the additions, alterations, modifications, or other new construction,
improvement or repair work to the buildings were made and satisfactorily comply with the
particular urban redevelopment, rehabilitation or conservation act provision, or
16
(2) In the case o~ ntenance or repairs to a residential build. .ndertaken pursuant to any health,
safety, sanitation or other governmental code provision, the statement shall be certified by the
mayor or any governmental official designated by the mayor and approved by the council, that
(A) The building was inspected by them and found to be substandard when the owner-
occupantmade the claim, and
(B) The maintenance or repairs to the buildings were made and satisfactorily comply with the
particular code provision.
Section 19-56. Agricultural Use Assessment
(a) The value of land zoned by County Ordinance into a family agricultural district, agricultural district,
intensive agricultural district or agricultural project district which is used for agriculture, whether such
lands are dedicated pursuant to section 19-57 or not, may, for real property tax purposes, be the value of
such land in its agricultural use. The agricultural use assessment of land which is not dedicated pursuant
to Section 19-57 will be made according to a unified agricultural value of $2,000 per acre, regazdless of
the type of agricultural use, excepting that the actual homesite portion shall be assessed at market value of
a comparably-sized homesite.
(b) A deferred or roll back tax shall be imposed on the owner of agricultural land assessed according to its
agricultural use as provided in subsection (a) of this section in the event:
(1) the property is rezoned to a higher use at the owner's request;
(2) the property is subdivided into parcels of less than five acres in size; or
(3) a condominium property regime is declared for the property having condominium units with an
area equivalent to less than five acres in size.
The deferred tax shall commence from the date the conversion was made retroactive to the date the
agricultural use assessment was approved, but for not more than a period often years. The amount of
deferred taxes shall be based on the difference in assessed value between the highest and best use and the
agricultural use of the land, at the tax rate applicable for the respective years, with a ten percent penalty.
(c) The director shall prescribe the form of the agricultural use application. The application shall be filed
with the director by December 31 of any calendaz year. If approved, the assessment based upon the use
requested in the application shall be effective as of January 1 for the following tax yeaz. Renewal of the
application shall be in such form and at such time as required by the director.
(d) An owner may appeal any disapproved application as in the case of an appeal from an assessment.
Article 8. Dedications.
Section 19-57. Dedication to agriculture.
(a) A special land reserve is established to enable the owner of any pazcel of land within an agricultural
district, a rural district, a conservation district or any urban district to dedicate such land for a specific
commercial agricultural use category and to have the land assessed at its value in such use for a period of
ten years.
The land dedicated must be used for intensive agriculture, orchards, biomass and agronomic
crops, extensive agriculture or forestry. In order for the land to be valued according to its agricultural
category, evidence of commercial farming activities must be submitted to the director in such form and at
such times as provided for in the administrative rules and regulations of the department.
The term owner as used in this section includes lessees of real property whose recorded lease
term extends at least through the term of the approved dedication.
(b) If any owner desires to dedicate land for a specific agricultural category and to have the land taxed at its
assessed value in this category, the owner shall so petition the director and declaze in the petition that the
land can reasonably be used for the purpose proposed in the petition and that if the petition is approved
the land will be used for this purpose.
(c) Upon receipt of a petition, the director shall make a finding of fact as to whether the land in the petition
area is reasonably well suited for the intended category. The finding shall include and be based upon the
productivity ratings of the land in those uses for which it is reasonably suited, a study of the ownership,
size of operating unit, the present use of surrounding similar lands and other criteria as may be
appropriate.
(d) The director shall also make a finding of fact as to whether the intended use is in conflict with the
overall development plan of the State and County. If the findings aze favorable to the owner, the
17
director shall approv. petition and declare that the owner's lan. _tedicated land. [n order to place
prospective buyers on notice of the roll back liability, the petitioner shall within sixty days of notice of
approval record the dedication in accordance with the procedures of the bureau of conveyances.
(e) The approval of the director of the petition to dedicate shall constitute a forfeiture on the part of the owner
of any right to change the use of the land to a use other than agriculture for a period of ten years subject to
cancellation or renewal as follows:
(1) Each petition for dedication shall be for a ten year period. The owner shall reapply for renewal of
the dedication by filing an application with the director on or before September 1 of the tenth year.
The renewal petition shall, in all respects, be processed similarly to an original petition. Upon
approval by the director of succeeding dedications, the property shall continue to be assessed in
accordance with the provisions of the dedication.
(2) Failure of the owner to observe the restrictions on the use of the land shall cancel the dedication
and special tax assessment privilege retroactive to the date of the dedication, but in any event, shall
not exceed the term of the original dedication, and all differences in the amount of taxes that were
paid and those that would have been due from assessment in the higher use shall be payable with a
ten percent a year penalty. The additional taxes and penalties, due and owing as a result of a
breach of the dedication, shall be a paramount lien upon the property as provided for by this
chapter.
Failure to observe the restrictions on the use means failure for a period of twelve
consecutive months to use the land in that manner requested in the petition or the overt act of
changing the use for any period; provided that the petition by the owner for a change in use as
provided herein, and the subsequent change in use of such dedicated lands, shall not be deemed to
constitute a failure of the owner to observe the restrictions on use.
(A) If the owner desires to change from one specific agricultural category to another
agricultural category the owner shall so petition the director and declare in the petition that
the land can reasonably be used for another agricultural purpose than that for which it is
dedicated, and that the land will be used for the proposed new category if the petition is
approved.
(B) If an owner is permitted to change the use as provided in subsection (A), the owner shall
be allowed up to thirty-six months from the date of approval of the owner's petition to
convert to the new agricultural category. If the term of the current dedication ends within
the conversion period, the dedication may be extended for up to thirty-six months. If the
owner fails to make the conversion within the specified time limit the owner will be
subject to the taxes and penalties provided above, back to the original year of the
current dedication. The petitioner shall submit progress reports of the petitioner's efforts
in converting from one agricultural use to another agricultural use to the director by the
anniversary date of the petition approval and yearly, thereafter, as long as such conversion
period remains.
(3) Any other provisions to the contrary notwithstanding, when a portion of the dedicated land is
subsequently applied to a use other than the use set forth in the original petition, only such portion
as is withdrawn from agricultural production shall be taxed as provided by this subsection.
(4) In the case of a change in major land use classification not as a result of a petition by any property
owner or lessee such that the owner's land is placed within a urban district, the dedication may be
cancelled within sixty days of the change by the owner.
(5) The dedication shall be cancelled and retroactive taxes imposed if the dedicated property or any
portion thereof is sold by way of a conveyance which is subject to conveyance tax under the terms
of chapter 247, Hawaii Revised Statutes, unless a notarized affidavit is signed by the owner stating
that the land will continue to be subject to the full. requirements of the dedication including any
penalties for violation. The director shall record the notarized affidavit with the bureau of
conveyances.
(6) The director may cancel a dedication without penalty in the event of the death or disability of the
owner/petitioner. Supporting documents must be submitted to the director in such form as
provided for in the administrative rules and regulations of the department
(f) The director shall prescribe the form of the petition. The petition shall be filed with the director by
September 1 of any calendar year and shall be approved or disapproved by December 15. If approved, the
dedication shall be effective on July 1 of the following tax year.
(g) An owner may appeal any disapproved petition as in the case of an appeal from an assessment.
18
(h) The value of land dedicated and used for commercial agriculture shall, for real property tax purposes, be
the value of such land for agricultural use without regazd to any value that such land might have for other
purposes or uses, or to neighboring land uses, excepting that the actual homesite portion shall be assessed
at market value of a compazably-sized homesite. The assessed value for any category shall not exceed `the
unified agricultural value pursuant to section 19-56. '
(i) Five general agricultural categories shall be used in determining the value of lands which are dedicated for
commercial agriculture:
(1) INTENSIVE AGRICULTURE, which includes such crops as vegetables, ginger, taro, herbs,
nurseries, foliage, cut & potted flowers, piggeries, dairy, poultry, feedlots and aquaculture,
(2) ORCHARDS, which includes such crops as macadamia nuts, guava, banana, papaya, avocado,
grapes, passion fruit, coffee, citrus, cacao, pineapple and tropical specialty fruits/vegetables,
(3) BIOMASS AND AGRONOMIC CROPS, which includes forage crops, seed crops, cane, short
rotation forestry, biomass grasses etc.,
(4) EXTENSIVE AGRICULTURE which includes pasture, honey & honey bees, and
(5) FORESTRY which includes longer rotation forestry and protection forestry.
(j) Consideration shall be given to rent, productivity, the advantage or disadvantage of factors such as
location, accessibility, transportation facilities, size, shape, topography, quality of soil, water privileges,
availability of water and its cost, easements and appurtances, and to the opinions of persons who may be
considered to have special knowledge of land values.
(k) That portion of dedicated lands unsuitable for any agricultural use shall be assessed at the specified
agricultural category rate. That portion of unsuitable land will be subject to the retroactive taxes and
penalties should the dedication be breached.
(1) A portion or portions of a farm taken out of production or fallowed for up to three yeazs as part of a good
farm management plan or allocated for conservation or waste management practices shall be considered for
classification and valuation as agricultural lands. A plan indicating the acreage to be so designated must be
filed with the director. Pasture and intensive animal farming are not eligible for fallowed land designation
without an approved United States Department of Agriculture conservation plan.
(m) A portion or portions of a pazcel of land assessed as forestry may be held as a "land bank" as part of a good
forestry management plan without resulting in the forfeiture of the terms of the dedication. Such a plan
indicating the acreage, areas and time span for such a bank must be filed and approved by the director.
Land banks are those portions of dedicated lands which are temporarily left clear of trees in order to
facilitate planting and harvesting according to a good forestry management plan.
(1981, Ord. No. 613, sec. 58; Am 1984, Ord. No. 84-21, sec. 2; Am. 1991, Ord. No. 91-143, sec. 3.)
Section 19-58. Native Forest Dedication.
Any property five acres or larger within Agricutural, Intensive Agricultural, Open or Unplanned zoned districts,
which is covered with at least five intact and contiguous acres of native forest is eligible for dedication as native forest
property if it meets the classification requirements of native forest as established by the director.
"Native forests" means lands which have 60 percent or greater native species forest cover. Native species aze
defined as those indigenous to the Hawaiian islands. Indigenous in this context shall mean plants that became
established or evolved in the Hawaiian islands without the aid of human beings. The forest cover requirement may be
met by native species in either the tree layer or the understory layer, or a combination of the two; provided a minimum
25 percent of the forest cover shall be tree cover. Land taxed as native forest shall be maintained according to sound
land management practices such that soil erosion is minimized, foreign species are controlled, and the watershed is
protected.
(a) An owner who desires to dedicate the land for native forest preservation for a period of twenty years shall
petition the director of and demonstrate in the petition that the land qualifies as native forest as provided
herein. The term "owner" includes lessees of real property whose term extends at least twenty years from the
effective date of the dedication.
(b) The petition shall be filed with the director by September 1 of any calendar yeaz and shall be approved or
disapproved by December 15. If approved, the dedication shall be effective on July 1 of the following tax
year.
(c) The director shall determine whether or not land qualifies as a native forest by using current natural resource
or vegetation maps or other acceptable evidence. Other acceptable evidence includes, but is not limited to:
(1) A written affidavit by a recognized professional in the field of natural resources, or
19
t,
(2) A finding by ~ .tty, state or federal agency or department .the relevant expertise in the field of
natural resources.
If the d'irector's findings aze favorable, the petition shall be approved and the land shall be declared dedicated.
Approval of the petition to dedicate shall constitute a forfeiture on the part of the owner of any right to change
the use of the land to a use other than preservation for a minimum period of twenty years. The native forest
classification shall be rescinded and all retroactive taxes and penalties due to a breach of the dedication shall
be imposed if:
(1) The cover of native forest species falls below 60 percent;
(2) The property is rezoned to a higher use at the owner's request;
(3) The property is subdivided into parcels of less than five acres in size or a condominium property
regime is declared for the property having condominium units with an area equivalent to less than five
acres in size; or
(4) The dedicated property or any portion thereof is sold by way of a conveyance which is subject to
conveyance tax under the terms of chapter 247, Hawaii Revised Statutes, unless the director submits
a notarized affidavit signed by the owner to the bureau of conveyances stating that the land shall
continue to be subject to the full requirements of the dedication, including the full penalties and roll
back taxes imposed for violation.
In order to place prospective buyers on notice of the roll back tax liability, the owner shall,
within sixty days of notice of approval, record the dedication in accordance with the procedures
of the bureau of conveyances.
(d) Other provisions to the contrary notwithstanding, aportion or portions of a parcel of land that is being assessed
and dedicated as pasture maybe taken out of production as part of an approved forest restoration plan set forth
in this chapter for the duration of the approved restoration period without breaching the terms of the
agricultural use dedication.
(1) Such a plan indicating the acreage and area, as well as the specific forest restoration work to be done,
shall be filed with and approved by the director. If the plan is approved, the land shall continue to be
given the same pasture assessment.
(A) The owner shall provide to the director yearly evidence that the forest restoration plan is being
implemented, as well as a signed and notarized affidavit by a recognized forestry professional
that the restoration plan is likely to succeed within the designated time period. The owner
shall continue to fulfill all other requirements of the agricultural assessment, including
providing yearly proof that any portion of the parcel not being restored to a native forest, but
still being assessed for an agricultural use, continues to be used and maintained substantially
and continuously in the approved agricultural use.
If, at the end of the time period designated by the native forest restoration plan, the land meets the
requirements of the native forest class described in this section, then it shall be classified and
rededicated as a native forest. If, at the end of the time period designated in the plan, the land does not
meet the requirements of the native forest class, the owner may return the land to its designated use
as pasture or it shall be assessed and taxed at market value.
(e) The owner may reapply for renewal of the dedication by filing an application with the director on or before
September 1 of the twentieth yeaz. The renewal petition shall, in all respects, be processed in the same manner
as an original petition. Upon approval of succeeding dedications by the director, the property shall continue
to be assessed in accordance with the provisions of this section.
(fj While dedicated, the land shall be assessed at a preferential per acre value in its restricted preservation use.
In determining the value of lands which are classified native forest, the director shall assign the value of the
lowest agricultural use category that the land could qualify for if it were to be put into agricultural use,
excepting that the actual homesite portion shall be assessed at market value of a comparably-sized homesite.
(g) If forest dedicated for native forest preservation is destroyed in whole or in part by fire, hurricane or other
disasters, the director may continue the dedication upon submittal and approval of a forest restoration plan as
provided in this section.
(h) Unless as otherwise provided for, failure of the owner to observe the restrictions on the use of the land or the
sale of the property shall cancel the special tax assessment privilege retroactive to the date of the dedication,
or the latest renewal period, and all differences in the amount of taxes that were paid and those that would have
been due from assessment in the higher use shall be payable with a ten percent per year penalty.
(i) The owner may appeal a petition that has been disapproved as in the case of an appeal from an assessment.
(1996, Ord. No. 96-71)
Section 19-59. Urban district dedications.
(a) Any owner of taxable real property in an urban district desiring to dedicate a portion or portions thereof for
20
landscaping, open spy ,public recreation, and other similaz uses ~ petition the director stating the
exact area of the land to be dedicated and that the land is not within the setback and open space
requirements of applicable zoning and building code laws and ordinances, and that the land shall be used,
improved, and maintained in accordance with and for the sole purpose for which it was dedicated, except
that land within a historic district may be so dedicated without regard to the setback and open space
requirements of applicable zoning and building code laws and ordinances.
The director shall make a finding as to whether the use to which such land will be dedicated has a benefit to
the public at least equal to the value of the real property taxes for such land. Such finding shall be
measured by the cost of improvements, the continuing maintenance thereof, and such other factors as the
director may deem pertinent. If the director finds that the public benefit is at least equal to the value of real
property taxes for such land, the director shall approve the petition and declaze such land to be dedicated
land.
(b) The approval of the petition by the director shall constitute a forfeiture on the part of the owner of any right
to change the use of the owner's land for a period often years. The owner of a dedicated property must
renew the dedication on or before September 1 of the tenth year of the original dedication or any
subsequent renewal period in order to continue the dedication for the next ten years.
(c) Failure of the owner to observe the restrictions on the use, improvement, and maintenance of the owner's
land shall cancel the special tax exemption privilege retroactive to the date of the original dedication or to
the latest renewal date whichever is later, and all differences in the amount of taxes that were paid and
those that would have been due from the assessment of the tax exempted portion of the owner's land shall
be payable together with penalty of ten percent a year from the respective dates that these payments would
have been due. Failure to observe the restrictions on the use means failure for a period of over twelve
consecutive months to use, improve, and maintain the land in the manner requested in the petition or any
overt act changing the use for any period. Nothing in this paragraph shall preclude the County from
pursuing any other remedy to enforce the covenant on the use of the land.
(d) The director shall prescribe the form of the petition. The petition shall be filed with the director by
September 1 of any calendar year and shall be approved or disapproved by December 15 of such yeaz. If
approved, the dedication shall become effective July 1 of the following tax yeaz.
(e) The owner may appeal any disapproved petition as in the case of an appeal from an assessment.
(f) The director shall make and adopt necessary rules and regulations including such rules and regulations
governing minimum areas which may be dedicated for the improvement and maintenance of such areas.
(g) "Landscaping" means lands which are improved by landscape architecture, cultivated plantings, or
gardening.
"Open spaces" means lands which are open to the public for pedestrian use and momentary repose,
relaxation, and contemplation.
"Public recreation" refers to lands which may be used by the public as parks, playgrounds, historical sites,
camp grounds, wildlife refuge, scenic sites, and other similar uses.
"Owner" includes lessees of real property whose lease term extends at least ten years from the effective
date of the dedication.
(1981, Ord. No. 613, sec. 84.)
Section 19-60. Dedication for historic residential real property preservation.
(a) An owner of taxable real property that is the site of a historic residential property that has been placed on
the Hawaii Register of Historic Places after January 1, 1977, desiring to dedicate a portion or portions
thereof for historic preservation, shall petition the director.
(b) The director shall approve the petition and determine what portion or portions of the real property shall be
exempted except for the tax, from real property taxes. The director shall consult with the State Historic
Preservation Office in making this determination. The director may take into consideration whether the
current level of taxation is a material factor which threatens the continued existence of the historic
property, and may determine the total area or areas of the real property that shall be exempted.
(c) The approval of the petition of the director shall constitute a forfeiture on the part of the owner of any right
to change the use of the owner's property for a period often years.
(d) Any person who becomes an owner of real property that is permitted an exemption under this section shall
be subject to the restrictions and duties imposed under this section.
(e) 'The director shall prescribe the form of the petition. The petition shall be filed with the director by
September 1 of any calendar year and shall be approved or disapproved by December 15 of such year. I f
approved, the dedication shall become effective July 1 of the following tax year.
(f) An owner applicant may appeal any determination as in the case of an appeal from an assessment.
(g) Subject to chapter 91, Hawaii Revised Statutes, the director shall adopt rules and regulations decreed
21
necessary to accomplish the foregoing.
(1981, Ord. No. 837, sec. 2.)
Section 19-61. Certain lands dedicated for residential use.
(a) The term "owner" as used in this section means a person who is the fee simple owner of real property, or who is
the lessee of real property whose lease term extends at least ten years from the effective date of the dedication.
(b) A special land reserve is established to enable the owner of any pazcel of land within a hotel, apartment, resort,
commercial, or industrial district to dedicate the owner's land for residential use and to have the owner's land
assessed at its value in residential use; provided that
(1) The land dedicated shall be limited to a parcel used only for single-family dwelling residential use except
home occupations pursuant to Chapter 25, Hawaii County Code;
(2) The owner of the land dedicated shall use it as the owner's principal residence and qualify to be in the
homeowner's class per Section 19-53 (e)(2)(A); and
(3) Not more than one pazcel of land shall be dedicated for residential use by any owner.
(c) If any owner desires to use the owner's land for residential use and to have the owner's land assessed at its value
in this use, the owner shall so petition the director and declare in the owner's petition that if the owner's petition
is approved, the owner will use the land for single-family dwelling residential use only and that the owner's land
so dedicated will be used exclusively as the owner's principal residence.
Upon receipt of any such petition, the director shall make a finding of fact as to whether the land described
in the petition is being used by the owner for single-family dwelling residential use only and exclusively as the
owner's principal residence. If the finding is favorable to the owner, the director shall approve the petition and
declare the land to be dedicated.
(d) The approval of the petition by the director to dedicate shall constitute a forfeiture on the part of the owner of any
right to change the use of the owner's land for a period often years. The owner of a dedicated property must
renew the dedication on or before September 1 of the tenth year of the original dedication or any subsequent
renewal period in order to continue the dedication for the next ten yeazs.
(e) Failure of the owner to observe the restrictions on the use of the dedicated land or the sale of the property shall
cancel the special tax assessment privilege retroactive to the date of the dedication, or the latest renewal ten-year
period, and all differences in the amount of taxes that were paid and those that would have been due from
assessment in the higher use shall be payable with a ten percent per yeaz penalty from the respective dates that
these payments would have been due. Failure to observe the restrictions on the use means failure for a period of
over twelve consecutive months to use the land in the manner requested in the petition or the overt act of changing
the use for any period, or the sale of the real property. Nothing in this subsection shall preclude the County from
pursuing any other remedy to enforce the covenant on the use of the land.
The additional taxes and penalties, due and owing as a result of failure to use or any other breach of the
dedication shall be a paramount lien upon the property as provided for by this chapter.
(f) The director shall prescribe the form of the petition. The petition shall be filed with the director by September 1
of any calendaz year and shall be approved or disapproved by December 15. If approved, the dedication shall be
effective on July 1 of the following tax yeaz.
(g) The owner may appeal any disapproved petition as in the case of an appeal from an assessment.
(1981, Ord. No. 613, sec. 61.)
Section 19-62. Certain lands dedicated to nonspeculative residential use.
(a) fine term "owner" as used in this section shall mean the fee owner or the lessee of real property with an unexpired
lease term of not less than ten years from the effective date of the dedication.
(b) Any owner of property who qualifies under sections 19-71 and 19-72 for home exemption and uses the property
exclusively for residential use including home occupations pursuant to Chapter 25, Hawaii County Code, may
dedicate said property in its entirety to nonspeculative residential use and have that pazcel assessed in the manner
provided by section 19-63, except that a husband and wife, although living separate and apart, shall be entitled
to dedicate only one parcel to he nonspeculative residential use.
Exclusive residential use as used in this section shall not permit the owner to conduct any commercial or
rental activities on the property. Those owners who have dedicated their property to agricultural use or native
forest shall not be eligible for this nonspeculative residential use dedication.
(c) Any owner who desires to dedicate property to nonspeculative residential use and to have the property assessed
in the manner established by section 19-63, shall so petition the director. Upon receipt of any such petition, the
director shall make a finding of fact as to whether or not the property described in the petition is qualified for a
home exemption pursuant to the terms and conditions of sections 19-71 and 19-72. If the finding is favorable to
the owner, the director shall approve the petition and declaze the property to be dedicated to nonspeculative
22
residential use. In ordc. .place prospective buyers on notice of th Jicated status and the retroactive tax
liability, the petitioner shall within sixty days of the notice of approval of the petition record the notice of
dedication in accordance with the procedures established by the bureau of conveyances. The petitioner shall
furnish the director with a copy of the recorded notice. Nonrecordation of the notice, within the prescribed period,
shall be grounds for disallowance of the dedication.
(d) Each petition for dedication shall be for ten-year periods. The owner shall reapply for renewal of the dedication
by filing an application with the director on or before September 1 of the tenth year. The renewal petition shall,
in all respects, be processed similar to an original petition. Upon approval by the director of succeeding
dedications, the assessed valuation shall continue to be assessed in accordance with the provisions of the
nonspeculative residential use dedication.
(e) In the case of a renewal which immediately follows an expiring term, the assessment base for the new dedication
term shall be the dedicated value on the expiration date plus fifty percent of the amount of increase between the
dedicated value and the market valuation as of January 1, following the termination of the dedication term.
(f) If, during any period of dedication, any breach of the dedication requirements should occur, the special
nonspeculative residential use assessment privilege shall be cancelled and retroactive taxes shall be imposed.
Breach of the dedication shall include the failure to maintain the home exemption status of the property, violating
the exclusive residential use provision, dedicating the property to agricultural use, subdivision of the property into
condominium units or separate parcels, or the sale of the dedicated property or any portion thereof sold by way
of a conveyance which is subject to conveyance tax under the terms of chapter 247, Hawaii Revised Statutes.
Retroactive taxes due and owing as a result of the breach shall be a paramount lien on the property.
(1) Provided, that the nonspeculative residential use dedication shall not be breached if the dedicated property
meets the criteria as listed below:
The following also includes provisions that aze not subject to the conveyance tax under the terms of
chapter 247, Hawaii Revised Statutes, and are included for further clarification.
(A) Transferred to the owner's heirs by testacy or intestacy,
(B) Jointly owned by spouses and upon the death of one spouse ownership is transferred to the surviving
spouse,
(C) Transferred to a spouse or former spouse in connection with a property settlement agreement or decree
of dissolution of a mazriage or legal separation and the new title holder continues to occupy the
property as the principal residence,
(D) Transferred to a trustee for the beneficial use of a spouse, or the surviving spouse of a deceased
transferor, or by a trustee of such a trust to the spouse of the trustor,
(E) Subject to a title change between spouses and said change does not result in a loss of the home
exemption status,
(F) And the heirs, surviving spouse, divorced spouse, or trustee, within sixty days after receiving title to
the property, petitions the director, in writing, to continue the dedication and the property continues
to qualify for the home exemption as defined in sections 19-71 and 19-72,
(G) The dedication shall not be cancelled if the lessee purchases the leased fee interest from the lessor.
(2) Provided further that, except as provided herein, retroactive taxes shall not be assessed when:
(A) A person receives title to property dedicated to nonspeculative residential use by ways of testacy or
intestacy and does not petition the director to continue the dedication as provided in section
19-62(f)(1)(A).
(B) The dedicated property is jointly owned by spouses and upon the death of one spouse, ownership is
transferred to the surviving spouse, and the surviving spouse does not petition the director to continue
the dedication as provided in section 19-62(f)(1)(B).
(C) The property is wholly or partially destroyed or damaged as a result of fire, seismic or tidal wave,
volcanic eruption, earthquake, flood waters and wind or rain storm.
The owner may cancel the dedication for the reasons enumerated in paragraph (2)(C) by submitting written
notice of the cancellation within sixty days of the damage or destruction. Cancellations shall become effective
July 1 of the next tax yeaz, and the property shall be assessed. in accordance with section 19-53(a).
(g) The director shall prescribe the form of the petition. The petition shall be filed with the director by November 1,
1991 and shall be approved or disapproved by December 31, 1991, in order to qualify for the following tax yeaz.
In any year after 1991, the petition shall be filed with the director by September 1 of any calendaz year and shall
be approved or disapproved by December 15 of that year.
(h) Upon approval, the dedication shall become effective July 1 of the following tax yeaz. In determining the assessed
value, the market value shall be determined as required in Section 19-53 (a). The owner may appeal any
disapproved petition or cancellation of dedication as in the case of an appeal from an assessment.
(1990, Ord. No. 90-137, sec. 3; Am. 1991, Ord. No. 91-109, sec. 2; Am. 1991, Ord. No. 91-122, sec. 2.)
23
Section 19-63. Nonspec, .ve residential use assessment.
Properties approved by the director for dedication to nonspeculative residential use shall be assessed for real
property tax purposes in the following manner:
(a) Property, approved for nonspeculative residential use dedication, shall be assessed for real property tax valuation
purposes on its market value as of the assessment date of January 1 of the calendar yeaz following the petition
approval. This assessment shall be frozen for the dedication period, except for adjustments as provided for in this
section.
(b) Upon approval by the director of succeeding dedications by the owner of the same property, the assessed valuation
shall continue to be assessed in accordance with the provisions of section 19-63(x).
(c) If any improvements are undertaken on the dedicated property, and such improvements increase the mazket value
of the dedicated property, the assessment shall be increased based on the market value of the improvements
undertaken, however, the assessed valuation for ensuing tax years shall be determined in accordance with the
provisions of section 19-63(x).
(d) If any improvements are undertaken on the dedicated property, the owner shall obtain the required building permit
for the construction of new or additional improvements or renovations of the dedicated property. Violation of this
reporting requirement will result in cancellation of the dedication and activate payment of retroactive taxes and
penalties.
(e) In the case where additional dwelling units are constructed or asingle-family dwelling unit is renovated or
converted into a two or more family dwelling unit all in accordance with article 25, chapter 25, Hawaii County
Code, the dedication shall not be cancelled provided the owners within sixty days of the change submit a written
application to continue the dedication and file the claim for home exemption and the owners would continue to
be eligible for the home exemption. Ifthe owner fails to submit the written application in a timely manner or uses
the additional dwelling units or renovated azeas for rental or income producing purposes the dedication shall be
cancelled and the retroactive taxes imposed.
Occupancy of a separate living unit by an immediate family member is permissible under this section and
is not considered a breach of dedication provided all other provisions are met. For the purpose of this section
immediate family is defined as: parents, brothers, sisters, spouses, children, parents-in-law, grandparents, and
grandchildren or as allowed by the Internal Revenue Service publication 501 and Chapter 25 of the Hawaii County
Code relating to the zoning code.
(f) If the dedicated property loses the home exemption under which it was dedicated, or if the dedicated property or
any portion thereof is sold byway of a conveyance which is subject to conveyance tax under the terms of chapter
247, Hawaii Revised Statutes, the dedication shall be deemed breached.
(g) Retroactive assessments shall be imposed upon the breach of the dedication. The retroactive assessment shall be
calculated as the cumulative difference between the amount that should have been owed without the dedication
less the amount actually paid for each of the years deemed to be in breach plus penalty at a rate often percent per
yeaz. If the dedicated property is sold, the retroactive assessment for that year shall be calculated as the difference
between the dedicated value and the higher of either the actual selling price or the value of the property at its
actual use. In the case of properties dedicated to nonspeculative use, notice of assessment as prepared under
section 19-27 shall delineate the dedicated value and market value, beginning tax year 1993-94.
(1990, Ord. No. 90-137, sec. 3; Am. 1991, Ord. No. 91-122, sec. 3.)
Section 19-64. (Reserved)
Section 19-65. (Reserved)
Section 19-66. (Reserved)
Article 9. Nontaxable Property; Assessment.
Section 19-67. Nontaxable property.
For purposes of accountability, the director shall assess at the nominal sum of $100 each parcel of real property
which is completely exempt from taxation.
(1981, Ord. No. 613, sec. 70; Am. 1990, Ord. No. 90-138, sec. 3.)
Article 10. Exemptions.
Section 19-68. Claims for certain exemptions.
(a) None of the exemptions from taxation granted in sections 19-71, 19-76 to 19-78 and 19-83 shall be
allowed in any case, unless the claimant shall have filed with the department of finance, on or before
24
December 31 preced. .ie tax year for which such exemption is ~ .ed, a claim for exemption in such
form as shall be prescribed by the department.
The exemption from taxation granted for disabilities in sections 19-73, 19-74 and 19-75 shall be
allowed from the next tax payment date; provided that the claimant shall have filed a claim for the disability
exemption along with a copy of the physician's certificate of disability with the department on or before
June 30 for the first half payment or December 31 for the second half payment, in such form as shall be
prescribed by the department.
(b) A claim for exemption once allowed shall have continuing effect until:
(1) The exemption is disallowed;
(2) The assessor voids the claim after first giving no less than thirty days notice (either to the
claimant or to all claimants in the manner provided for by ordinance), that the claim or claims
on file will be voided on a certain date ;
(3) The five-yeaz period for exemption, as allowed in section 19-78, expires; or
(4) The claimant makes the report required by subsection (d).
(c) A claimant may file a claim for exemption even though there is on file and in effect a claim covering the same
premises, or a claim previously filed and disallowed or otherwise voided. However, no such claim shall be filed
if it is identical with one already on file and having continuing effect. The report required by subsection (d)
may be accompanied by or combined with a new claim.
(d) Any person who has been allowed an exemption under sections 19-71, 19-73, 19-74, 19-75, 19-76 to
19-78 or 19-83 has a duty to report to the assessor within thirty days after the person ceases to qualify for such
an exemption for one of, but not limited to, the following reasons:
(1) The person ceases to be the owner, lessee, or purchaser of the exempt premises;
(2) A change in the facts previously reported has occurred concerning the occupation, use, or renting
of the premises, buildings or other improvements thereon; or
(3) Some other change in status has occurred which affects the person's exemption.
Such report shall have the effect of voiding the claim for exemption previously filed, as provided
in subsection (b)(4). The report shall be sufficient if it identifies the property involved, states the change
in facts or status, and requests that the claim for exemption previously filed be voided.
In the event the property comes into the hands of a fiduciary who is answerable as provided for
by this chapter, the fiduciary shall make the report required by this subsection within thirty days after
the fiduciary's assumption of the fiduciary duties or within the time otherwise required, whichever
is later.
Any person who has a duty of making a report as required by this subsection, who within the time
required fails to make a report, shall be liable for a civil penalty. The amount of the penalty shall be $100.
The penalty shall be recovered as provided for by ordinance. In addition to this penalty, the taxes due on the
property plus any additional penalties and interest thereon shall be collected as property taxes and shall be
alien on the property as provided for by ordinance.
(e) In addition to any penalty set forth in article 10, any individual who files a fraudulent claim for exemption
or attests to any false statement, with the intent to defraud or to evade the payment of taxes or any part
thereof, or who in any manner intentionally deceives or attempts to deceive the depaztment of finance,
shall be fined $1,000. This fine shall attach as a pazamount lien against the property for which the claim
for exemption is filed.
(f1 If the assessor is of the view that, for any tax yeaz, the exemption should not be allowed, in whole or in
part, the assessor may at any time within two years of January 1 of that year disallow the
exemption for that yeaz, in whole or in part, and may add to the assessment list for that year the amount
of value involved, in the manner provided for by ordinance for the assessment of omitted property;
provided, that if an assessment or addition under this subsection is made after April 9 preceding the tax
yeaz, the taxes on the amount of value involved in the assessment or addition so made shall be made a
lien as provided for by this chapter by recording a certificate setting forth the amount of tax involved,
penalties, and interest.
(g) In any case of recordation of a certificate for the amount of the civil penalty under subsection (d), or for
the amount of tax, penalties, and interest assessed or added under subsection (f), a person shall be deemed
to have an interest arising before the recordation of the certificate only if and to the extent that he
acquired his interest in good faith and for a valuable consideration without notice of a violation of the
requirements of subsection (d) having occurred.
(1981, Ord. No. 613, sec. 72; Am. 1987, Ord. No. 87-116, sec. 2; Am. 1990, Ord. No. 90-138, sec. 4; Am. 1994, Ord.
No. 94-24, sec. 1.; Ord 95-83)
Section 19-69. (Reserved)
25
Section 19-70. Assignment artial exemptions.
Unless otherwise specifically provided, allowable exemptions shall be applied first to the value of the
buildings on the land and the remainder of the unused exemption if any, to the value of the land.
A taxpayer qualified for a home exemption under Section 19-71 of this Chapter but who owns less than
100% of the land shall be allowed to have the home exemption amount applied first to up to 100% of the building
value, with any remaining home exemption amount to be applied to the taxpayer's proportionate share of the land.
(1981, Ord. No. 613, sec. 74.)
Section 19-71. Homes.
(a) Real property occupied as the principal home of one or more of the individual's owning such property as of
the date of assessment shall be exempt only to the following extent from property taxes:
(1) Totally exempt where the value of the property is not in excess of $40,000;
(2) Where the value of the property is in excess of $40,000, the exemption shall be the amount of
$40,000.
Provided:
(A) That no such exemption shall be allowed to any corporation, co-partnership, or company;
(B) That the exemption shall not be allowed on more than one home for any one taxpayer;
(C) That where the taxpayer has acquired the taxpayer's home by a deed made on or after
July 1, 1951, the deed shall have been recorded on or before December 31 immediately
preceding the year for which the exemption is claimed;
(D) That a husband and wife shall not be permitted exemption of separate homes owned by
each of them, unless they are living separate and apart, in which case they shall be
entitled to one exemption, to be apportioned equally between each of their respective homes;
and
(E) That a person living on premises, a portion of which is used for commercial or rental
purposes, shall not be entitled to an exemption with respect to such portion, but shall be
entitled to an exemption with respect to the portion thereof used exclusively as a home;
(F) That in the case of a lease of Hawaiian homestead lands, where either a husband or wife
is of non-Hawaiian descent, either spouse shall be entitled to the home exemption in the
same manner as if either spouse was considered the owner thereof, provided proof of
marriage is submitted to the director.
(b) The use of a portion of any building or structure for the purpose of drying coffee and the use of a portion of
real property, including structures, in connection with the planting and growing for commercial purposes, or
the packing and processing for such purposes, of flowers, plants, or foliage, shall not affect the exemptions
provided for by this section.
(c) Where two or more individuals by life interest and remainderman, jointly, by the entirety, in common,
or in trust own or lease land on which their homes are located, each home, if otherwise qualified for the
exemption granted by this section, shall receive the exemption. If a portion of land held by life interest and
remainderman, jointly, by the entirety, in common, or in trust by two or more individuals is not qualified to
receive an exemption, such disqualification shall not affect the eligibility for an exemption or exemptions of
the remaining portion.
(d) For purposes of this section, the following shall be considered owners:
(1) Trustees who are also the beneficiary of a trust under which the trustee holds title to the property
with rights to use and dispose of the property substantially equivalent to personal ownership; or
(2) Beneficiaries of trusts under which the beneficiary has a present vested interest under the trust
such that the beneficiary is entitled to have the property used and/or disposed of for the
beneficiary's present or continuing benefit.
(e) A taxpayer who is sixty years of age or over and who qualifies under subsection (a) shall be entitled to one
of the following multiples of home exemption:
Multiple to be Used in Computing Home
Age of Taxpayer Exemption Amount
60 years of age or over but
not 70 years of age or over 2.0
70 years of age or over 2.5
For the purpose of this subsection, a husband and wife who own property by life interest and
remaindennan, jointly, by the entirety, in common, or intrust on which a home exemption under the provisions
26
r
of subsection (a) ha. _ ,n granted shall be entitled to the applic;, .nultiple of home exemption set forth
above when at least one of the spouses qualifies each year for the applicable multiple of home exemption.
(f) For purposes of this section, the term "principal home" is defined as the place where an individual has a
true, fixed, permanent home and principal establishment, and to which place the individual has, whenever
absent, the intention of returning. It is the place in which an individual has voluntarily fixed
habitation, not for mere special, temporary, or vacation purpose, but with the intention of making a
permanent home.
(1981, Ord. No. 613, sec. 75; Am. 1982, Ord. No. 766, sec. 3; Am. 1990, Ord. No. 90-138, sec. 5.)
Section 19-72. Dome, lease, lessees defined.
For the purpose of section 19-71 the word "home" includes:
(1) The entire homestead when it is occupied by the taxpayer as such;
(2) A residential building on land held by the lessee or his successor in interest under a lease for a
term of ten years or more for residential purposes and owned and used as a residence by the lessee
or his successor in interest, where the lease and any extension, renewal, assignment, or agreement to
assign the lease, have been duly entered into and recorded prior to January 1 preceding the tax year
for which the exemption is claimed, and whereby the lessee agrees to pay all taxes during the term of
the lease;
(3) An apartment which is a living unit (held under a proprietary lease by the tenant thereof) in a
multi-unit residential building on land held by a cooperative apartment corporation (of which the
proprietary lessee of such living unit is a stockholder) under a lease for a term of ten yeazs or more
for residential purposes and which apartment is used as a residence by the lessee-stockholder, where
the lease and any extension or renewal have been duly entered into and recorded prior to January 1
preceding the tax year for which the exemption is claimed, and whereby the lessee-stockholder agrees
to pay all taxes during the term of the lease.
(4) An apartment in a multi-unit apartment building which is occupied by the owner of the entire
apartment building as the owner's residence.
(5) That portion of a residential duplex and that portion of land appurtenant to the duplex which aze
occupied by the owner of the duplex and land as the owner's residence.
(6) An apartment which is a living unit (held under a lease by the tenant thereof) in a multi-unit
residential building used for retirement purposes under a lease for a term to last during the lifetime of
the lessee and his or her surviving spouse and which. apartment is used as a residence by the lessee and
his or her surviving spouse, and where the apartment unit reverts back to the lessor upon the death of
the lessee and his or her surviving spouse, and where the lease has been duly entered into and recorded
prior to January 1 preceding the tax year for which the exemption is claimed, and whereby the lessee
agrees to pay all taxes during the term of the lease.
As used in section 19-71, in the first paragraph of section 19-48 and in section 19-68, the
word "lease" shall be deemed to include asub-lease, and the word "lessee" shall be deemed to
include asub-lessee.
(1981, Ord. No. 613, sec. 76.)
Section 19-73. Homes of totally disabled veterans.
Real property owned and occupied as a home by any person who is totally disabled due to injuries received
while on duty with the armed forces of the United States, or owned by any such person together with his or her spouse
and occupied by either or both spouses as a home, or owned or occupied by a widow or widower of such totally disabled
veteran who shall remain unmarried and who shall continue to own and occupy the premises as a home, is hereby
exempted except for the minimum tax, from all property taxes, other than special assessments, provided:
(1) That such total disability was incurred while on duty as a member of the armed forces of the
United States, and that the department of finance may require proof of total disability;
(2) That the home exemption shall be granted only as long as the veteran claiming exemption remains
totally disabled;
(3) That the exemption shall not be allowed on more than one house for any one person;
(4) That a person living on premises, a portion of which is used for commercial or rental purposes,
27
v
shall not be ~ ed to an exemption with respect to such ~ ~n, but shall be entitled to an
exemption with respect to the portion used exclusively as a home; provided, that this exemption
shall not apply to any structure, including the land thereunder, which is used for commercial or
rental purposes.
For the purposes of this section, the word "home" includes the entire homestead when it is
occupied by a qualified totally disabled veteran as a home: and premises held under an agreement to
purchase the same for a home, whereby the purchaser agrees to pay all taxes while purchasing the
premises.
(1981, Ord. No. 613, sec. 77.)
Section 19-74. Persons affected with Hansen's Disease.
Any person who has been declared by authority of law to be a person affected with Hansen's disease in the
communicable stage and is admitted to a hospital for isolation treatment, shall, so long as the person is so hospitalized,
and thereafter for so long as such person has been so declared to be therefrom temporarily released, shall, so long as
the person remains or continues under temporary release, be exempted except for the minimum tax, from real property
taxes on all real property owned by the person on the date when the person was declared to be a person so affected with
Hansen's disease, up to, but not exceeding, a taxable value of $50,000.
(1981, Ord. No. 613, sec. 78; Am. 1982, Ord. No. 766, sec. 4.)
Section 19-75. Exemption, persons with impaired sight or hearing and persons 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.
(2) "Deaf' means a person whose average loss in the speech frequencies (five hundred to two
thousand hertz) in the better ear is eighty-two decibels, A.S.A., or worse.
(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.
(b) Any person who is blind or deaf, as defined in subsection (a) of 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 may
be, on forms prescribed by the department of finance.
(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, Hawaii Revised Statutes, 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 services or Public Health Service, engaged in the
discharge of one's official duty. 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 the Veterans Administration, can
be substituted for the physician's certification of disability. Official documentation from the Social Security
Administration can also be substituted for the physician's certification of disability.
(d) Any person suffering from a temporary or momentary impairment of sight, hearing, or total disability shall
be required to submit an annual certification or recertification, performed by a qualified ophthalmologist,
optometrist, otolaryngologist, or licensed physician, as the case may be, attesting to the continued
impairment of sight, hearing, or total disability. The exemption shall be disallowed for failure to submit
the required annual certification or recertification report.
(e) Any person who qualifies for the exemptions identified in subsection (b) or (c) of 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 of non-Hawaiian
28
descent, either spou~ ..all be entitled to the blind, deaf, or total, ,abled exemption in the same manner
as if either spouse was considered the owner thereof, provided proof of marriage is submitted to the director.
(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.
(1981, Ord. No. 613, sec. 79; Am. 1982, Ord. No. 766, sec. 5; Am. 1989, Ord. No. 89-150, sec. 2; Am. 1990, Ord. No.
90-152, sec. 2.)
Section 19-76. Nonprofit medical, hospital indemnity associations; tax exemption.
Every association or society organized and operating under chapter 433, Hawaii Revised Statutes, solely as a
nonprofit medical indemnity or hospital service association or society or both shall be, from the time of such
organization, exempt except for the minimum tax, from real property taxes on all real property owned by it.
(1981, Ord. No. 613, sec. 80.)
Section 19-77. Charitable, etc., purposes.
(a) There shall be exempt except for the minimum tax, from real property taxes real property designated
in subsection (b) or (c) and meeting the requirements stated therein, actually and (except as otherwise
specifically provided) exclusively used for nonprofit purposes. If an exemption is claimed under one
of these subsections (b) and (c), an exemption for the same property may not also be claimed under the
other of these subsections.
(b) This subsection applies to property owned in fee simple, leased, or rented for a period of one year or
more, by the person using the property for the exempt purposes, hereinafter referred to as the person
claiming the exemption. If the property for which exemption is claimed is leased or rented, the lease or
rental agreement shall be in force and recorded in the bureau of conveyances.
Exemption is allowed by this subsection to the following property:
(1) Properly used for school purposes including:
(A) Kindergartens, grade schools, junior high schools, and high schools, which carry on a
program of instruction meeting the requirements of the compulsory school attendance
law, section 298-9, Hawaii Revised Statutes, or which are for preschool children who
have attained or will attain the age of five years on or before December 31 of the school
year, provided that any claim for exemption based on any of the foregoing uses shall be
accompanied by a certificate issued by or under the authority of the department of
education stating that the foregoing requirements are met;
(B) Junior colleges or colleges carrying on a general program of instruction of college level.
The property exempt from taxation under this paragraph is limited to buildings for
educational purposes (including dormitories), housing owned by the school or college
and used as residence for personnel employed at the school or college, campus and
athletic grounds, and realty used for vocational purposes incident to the school or college.
(2) Property used for hospital and nursing home purposes, including housing for personnel employed
at the hospital; in order to qualify under this paragraph the person claiming the exemption shall
present with the claim a certificate issued by or under the authority of the State department of
health that the property for which the exemption is claimed consists in, or is a part of, hospital
or nursing home facilities which are properly constituted under the law and maintained to serve,
and which do serve the public.
(3) Property used for church purposes including incidental activities, parsonages, and church
grounds, the property exempt except for the minimum tax, from real property taxes being limited to
realty exclusive of burying grounds (exemption for which may be claimed under paragraph (4)).
. (4) Property used as cemeteries (excluding, however, property used for cremation purposes)
29
maintained a religious society, or by a corporation. ~ciation or trust organized for such
purpose. Property used as individual or family burial plots shall be exempted for the portion that
is actually used for such purposes.
(5) Property dedicated to public use by the owner, which dedication has been accepted by the State
or County, reduced to writing, and recorded in the bureau of conveyances.
(6) Property owned by any nonprofit corporation, admission to membership of which is restricted by
the corporate charter to members of a labor union; property owned by any government employees'
association or organization, one of the primary purposes of which is to improve employment
conditions of its members; property owned by any trust, the beneficiaries of which are restricted
to members of a labor union; property owned by any association or league of credit unions
chartered by the United States or the State, the sole purpose of which is to promote the
development of credit unions in the State. Notwithstanding any provision in this section to the
contrary, the exemption shall apply to property or any portion thereof which is leased, rented, or
otherwise let to another, if such leasing, renting, or letting is to a nonprofit association,
organization, or corporation.
(c) This subsection shall apply to property owned in fee simple or leased or rented for a period of one yeaz
or more, the lease or rental agreement being in force and recorded in the bureau of conveyances at the time
the exemption is claimed, by either:
(1) A corporation, society, association, or trust having a charter or other enabling act or governing
instrument which contains a provision or has been construed by a court of competent jurisdiction
as providing that in the event of dissolution or termination of the corporation, society, association,
or trust, or other cessation of use of the property for the exempt purpose, the real property shall
be applied for another charitable purpose or shall be dedicated to the public, or
(2} A corporation chartered by the United States- under Title 36, United States Code, as a patriotic
society. Exemption is allowed by this subsection for property used for charitable purposes which
are of a community, character building, social service, or educational nature, including museums,
libraries, art academies, and senior citizen housing facilities qualifying for a loan under the laws
of the United States as authorized by section 202 of the Housing Act of 1959 as amended by the
Housing Act of 1961, the Senior Citizens Housing Act of 1962, the Housing Act of 1964, and the
Housing and Urban Development Act of 1965. .
(3) Claimants shall submit to the director documentation from the Internal Revenue Service verifying their
exemption status.
(d) If any portion of the property which might otherwise be exempted under this section is used for
commercial or other purposes not within the conditions necessary for exemption (including any use the
primary purpose of which is to produce income even though such income is to be used for or in
furtherance of the exempt purposes) that portion of the premises shall not be exempt but the remaining
portion of the premises shall not be deprived of the exemption if the remaining portion is used exclusively
for purposes within the conditions necessary for exemption. In the event of an exemption of a portion of
a building, the tax shall be assessed upon so much of the value of the building (including the land
thereunder and the appurtenant premises) as the proportion of the floor space of the nonexempt portion
bears to the total floor space of the building.
(e) The term "for nonprofit purposes," as used in this section requires that no monetary gain or economic
benefit inure to the person claiming the exemption, or any private shareholder, member, or trust
beneficiary. "Monetary gain" includes without limitation any gain in the form of money or money's worth.
"Economic benefit" includes without limitation any benefit to a person in the course of the person's business,
trade, occupation, or employment.
(1981, Ord. No. 613, sec. 81; Am. 1987, Ord. No. 87-116, sec. 3.)
Section 19-78. Property used in manufacture of pulp and paper.
All real property in the County, actually and solely used or to be used, whether by the owner or lessee thereof;
in connection with the manufacture of pulp anal paper shall be exempt except for the minimum tax, from property taxes
for a period of five years from the first day of January following commencement of construction of a plant or plants
30
on the properly for such purl,
(1981, Ord. No. 613, sec. 82.)
Section 19-79. Crop shelters.
Any other law to the contrary notwithstanding, any permanent structure constructed or installed on any taxable
real property consisting of frames or supports used primarily for the protection of crops shall be exempted in
determining and assessing the value of such taxable real property. Such exemption shall continue only as long as the
structure is maintained in good condition.
(1981, Ord. No. 613, sec. 83.)
Section 19-80. Exemption, dedicated lands in urban districts.
Portions of real property which are dedicated and approved by the director of as provided for by section 19-59
shall be exempt except for the minimum tax, from real property taxes.
(1981, Ord. No. 613, sec. 84.)
Section 19-81. Water tanks.
.Any provision to the contrary notwithstanding, any tank or other storage receptacle required by any
government agency to be constructed or installed on any taxable real property before water for home and farm use
is supplied, and any other water tank, owned and used by a real property taxpayer for storing water solely for his
own domestic use, shall be exempted in determining and assessing the value of such taxable real property.
(1981, Ord. No. 613, sec. 57.)
Section 19-82. Alternate energy improvements, exemption.
(a) The value of all improvements in the County (not including a building or its structural components, except
where alternate energy improvements are incorporated into the building, and then only that part of the
building necessary to such improvement) actually used for an alternate energy improvement shall be
exempted from the measure of the taxes imposed by this article.
(b) As used in this section "alternate energy improvement" means any construction or addition, alteration,
modification, improvement, or repair work undertaken upon or made to any building which results in:
(1) The production of energy from a source, or uses a process which does not use fossil fuels, nuclear
fuels, or geothermal source. Such energy source may include, but shall not be limited to, solid
wastes, wind, solar, or ocean waves, tides, or currents.
(2) An increase level of efficiency in the utilization of energy produced by fossil fuels or in the
utilization of secondary forms of energy dependent upon fossil fuels for its generation.
(c) Alternate energy production or energy by-products transferred, marketed, or sold on a commercial basis
shall not qualify for exemption under the provisions of this section. Provided further, that alternate energy
improvements used primarily for personal consumption and producing excess energy incidental to
personal consumption may transfer, market, or sell such excess energy produced and continue to qualify
for the exemption as provided for by the provisions of this section; however, the transfer, marketing, or
sale shall be limited to less than twenty-five percent of the total energy output produced by such
improvements. Nucleaz fission and geothermal energy sources shall be excluded from the provisions of
this section.
(d) Application for the exemption provided by this section shall be made with the director on or
before December 31, preceding the tax year for which the exemption is claimed, except that no claim need
be filed for the exemption of solaz water collections, heaters, heat pumps and similar devices. The director
may require the taxpayer to furnish reasonable information in order that he may ascertain the validity of the
claim for exemption made under this section and may adopt rules and regulations to implement this section.
(1981, Ord. No. 613, sec. 86; Am. 1983, Ord. No. 83-57, sec. 2.)
Section 19-83. Credit union exemption.
(a) Real property owned in fee simple or leased for a period of one yeaz or more by a Federal or State credit
union which is actually and exclusively used for credit union purposes shall be exempt except for the
31
minimum tax, from ~ -roperty taxes. If the property for which _iption is claimed is leased, the lease
agreement shall be in force and recorded in the bureau of conveyances at the time the exemption is
claimed. As used in this section, ``Federal credit union" means a credit union organized under the Federal
Credit Union Act of 1934, 12 United States Code, chapter 14, as amended, and "State credit union" means a
credit union organized under the Hawaii Credit Union Act, chapter 412, Hawaii Revised Statutes, as amended.
(b) If any portion of the property which might otherwise be exempted under this section~is used for
commercial or other purposes not within the conditions necessary for exemption (including any use the
primary purpose of which is to produce income even though such income is to be used for or in
furtherance of the exempt purposes) that portion of the premises shall not be exempt but the remaining
portion of the premises shall not be deprived of the exemption if the remaining portion is used exclusively
for purposes within the conditions necessary for exemption. In the event of an exemption of a portion of
a building, the tax shall be assessed upon so much of the value of the building (including the land
thereunder and the appurtenant premises) as the proportion of the floor space of the nonexempt portion
bears to the total floor space of the building.
(1987, Ord. No. 87-116, sec. 4.)
Section 19-84. Public property, etc.
The following real property shall be exempt from taxation:
(1) Real property belonging to the United States, to the State, or to the County; provided, that real
property belonging to the United States shall be taxed upon the use or occupancy thereof as
provided in section 19-85, and there shall be a tax upon the property itself if and when the
Congress of the United States so permits, to the extent so permitted and in accordance with any
conditions or provisions prescribed in such act of Congress; provided, further, that real property
belonging to the State or the County, or belonging to the United States and in the possession, use,
and control of the State, shall be taxed on the fee simple value thereof, and private persons shall
pay the taxes thereon and shall be deemed the "owners" thereof for the purposes of this chapter,
in the following cases:
(A) Property held on January 1 preceding the tax yeaz under an agreement for its conveyance
by the government to private persons shall be deemed fully taxable, the same as if the
conveyance had been made;
(B) Property held on January 1 preceding the tax year under a government lease shall be
entered in the assessment lists and such tax rolls for that year as fully taxable for the
entire tax year, but adjustments of the taxes so assessed may be made as provided for by
this chapter so that such tenants are required to pay only so much of the taxes as is
proportionate to the portion of the tax year during which the real property is held or
controlled by them;
(C) Property held under a government lease commencing, after January 1 preceding the tax
year or under an agreement for its conveyance or a conveyance by the government, made
after January 1 preceding the tax year, shall be assessed as omitted property as provided
for by this chapter, but the taxes thereon shall be prorated so as to require the payment
of only so much of the taxes as is proportionate to the remainder of the tax year;
(D) Property where the occupancy by the tenant for commercial purposes has continued for
a period of one year or more, whether the occupancy has been on a permit, license,
month-to-month tenancy, or otherwise, shall be fully taxable to the tenant after the first
year of occupancy, and the property shall be assessed in the manner provided in
subdivisions (B) and (C) of this paragraph for the assessment of properties held under a
government lease; provided that the property occupied by the tenant solely for residential
purposes on a month-to-month tenancy shall be excluded from this paragraph;
(E) In any case of occupancy of a building or structure by two or more tenants, or by the
government and a tenant, under a lease for a term of one year or more, the tax shall be
assessed to the tenant upon so much of the value of the entire real property as the floor
space occupied by the tenant proportionately bears to the total floor space of the structure
or building;
32
For 1. arposes of subdivisions (B) and (C) of i ,ubsection: "Lease" means any lease
for a term of one yeaz or more or which is renewable for such period as to constitute a total term
of one yeaz or more. A lease having a stated term shall, if it otherwise comes within the meaning
of the term "lease," be deemed a lease notwithstanding any right of revocation, cancellation, or
termination reserved therein or provided for thereby. Whenever a lease is such that the highest
and best use cannot be made of the property by the lessee, the measure of the tax imposed on such
property pursuant to subdivisions (B) and (C) shall be its fee simple value upon consideration of
the highest and best use which can be made of the property by the lessee.
Provided, further, that real property belonging to the United States, even though not in
the possession, use, and control of the State, shall be taxed on the fee simple value thereof, and
private persons shall pay the taxes thereon and shall be deemed the "owners" thereof for the
purposes of this chapter, in the following cases:
(i) Property held on January 1 preceding the tax year under an agreement for the
conveyance of the same by the government to private persons shall be deemed
fully taxable, the same as if the conveyance had been made, but the assessment
thereof shall not impair and shall be so made as to not impair, any right, title,
lien, or interest of the United States.
(ii) Property held under an agreement for the conveyance of the same or a
conveyance of the same by the government, made after January 1 preceding the
tax year, shall be assessed as omitted property as provided by this chapter, but
the taxes thereon shall be prorated so as to require the payment of only so much
of such taxes as is proportionate to the remainder of the tax year, and in the case
of property held under an agreement for the conveyance of the same but not yet
conveyed, the assessment thereof shall not impair, and shall be so made as to not
impair, any right, title, lien, or interest of the United States.
(2) Real property under lease to the State or the County under which lease the lessee is required to
pay the taxes upon such property;
(3) Subject to section 101-39(B), Hawaii Revised Statutes, any real property in the possession of the
State or County which is the subject of eminent domain proceedings commenced for the
acquisition of the fee simple estate in such land by the State or County; provided the fact of such
possession has been certified to the director as provided by section 101-36 or 101-38, Hawaii
Revised Statutes, or is certified not later than December 31 preceding the tax yeaz for which such
exemption is claimed;
(4) Real property with respect to which the owner has granted to the State or County a right of entry
and upon which the State or County has entered and taken possession under the authority of the
right of entry with intention to acquire the fee simple estate therein and to devote the real properly
to public use; provided the State or County shall have, prior to December 31 preceding the tax
year for which the exemption is claimed, certified to the director the date upon which it took
possession;
(5) Any portion of real property within the area upon which construction of buildings is restricted
or prohibited and which is actually rendered useless and of no value to the owners thereof by
virtue of any ordinance establishing setback lines thereon; provided, that in order to secure the
exemption the person claiming it shall annually file between December 15 and December 31
preceding the applicable tax year a sworn written statement with the director describing the real
property in detail and setting forth the facts upon which exemption is claimed, together with a
written agreement that in consideration of the exemption from taxes he will not make use of the
land in any way whatsoever during the ensuing year. Any person who has secured such exemption
who violates the terms of the agreement shall be fined twice the amount of the tax which would
be assessed upon the land but for such exemption;
(6) Real property exempted by any laws of the United States which exemption is not subject to repeal
by the council;
(7) Any other real property exempt by law.
(1981, C+rd. No. 613, sec. 88.)
33
Section 19-85. Lessees of ~ .pt public real property.
(a) When any public real property which for any reason is exempt from taxation is leased to and used or
occupied by a private person in connection with any business conducted for profit, such use or occupancy
shall be assessed and taxed in the same amount and to the same extent as though the lessee were the owner
of the property and as provided in subsection (b), provided, that:
(1) The foregoing shall not apply to the following:
(A) Federal property for which payments are made in lieu of taxes in amounts equivalent to
taxes which might otherwise be lawfully assessed;
(B) Any property or portion thereof taxed under any other provision of this chapter to the
extent and for the period so taxed.
(2) The term "lease" shall mean any lease for a term of one yeaz or more, or which is renewable for
such period as to constitute a total term of one yeaz or more. A lease having a stated term shall,
if it otherwise comes within the meaning of the term "lease," be deemed a lease notwithstanding
any right of revocation, cancellation, or termination reserved therein or provided for thereby.
(3) The assessment of the use or occupancy shall be made in accordance with the highest and best
use permitted under the terms and conditions of the lease.
(b) The tax shall be assessed to and collected from such lessee as nearly as possible in the same manner and
time as the tax assessed to owners of real property, except that the tax shall not become a lien against the
property. In case the use or occupancy is in effect on January 1 preceding the tax year, the lessee shall be
assessed for the entire yeaz but adjustments of the tax so assessed shall be made in the event of the
termination of the use or occupancy during the year so that the lessee is required to pay only so much of
the tax as is proportionate to the portion of the tax yeaz during which the use or occupancy is in effect, and
the director is hereby authorized to remit the tax due for the balance of the tax year. In case the use or
occupancy commences after January 1 preceding the tax year, the lessee shall be assessed for only so
much of the tax as is proportionate to the period that the use or occupancy beazs to the tax yeaz.
The assessment of the use or occupancy of real property made under this section shall not be
included in the aggregate value of taxable realty for the purposes of section 19-90 but the council, at the
time that it is furnished with information as to the value of taxable real property, shall also be furnished
with information as to the assessments made under this section, similarly determined but sepazately
stated.
If a use or occupancy is in effect on January 1 preceding the tax year, the assessment shall be
made and listed for that yeaz and the notice of assessment shall be given to the taxpayer in the manner and
at the time prescribed by this chapter, and when so given, the taxpayer, if he deems himself aggrieved,
may appeal as provided for by this chapter; if a use or occupancy commences after January 1 preceding
the tax year or if for any reason an assessment is omitted for any tax year, the assessment shall be made
and listed and notice thereof shall be given in the manner and at the time prescribed by this chapter, and
an appeal from an assessment so made may be taken as provided by this chapter.
(1981, Ord. No. 613, sec. 89.)
Section 19-86. Property of the United States leased under the National Housing Act.
Real property belonging to the United States leased pursuant to title VIII of the National Housing Act, as
amended or supplemented from time to time:
(1) Shall not be taxed under this chapter upon the lessee's interest or any other interest therein, except
as provided in paragraph (2).
(2) Shall be taxed under this chapter to the extent of and measured by the value of the lessee's interest
in any portion of the real property (including land and appurtenances thereof and the buildings
and other improvements erected on or affixed on the same) used for, or in connection with, or
consisting in, shops, restaurants, cleaning establishments, taxi stands, insurance offices, or other
business or commercial facilities. The tax shall be assessed to and collected from the lessee. The
assessment of such property shall not impair, and shall be so made as to not impair, any right,
title, lien, or interest of the United States.
(1981, Ord. No. 613, sec. 90.)
34
Section 19-87. Exemption .ow and moderate-income housing.
(a) For the purposes of this section, "nonprofit or limited distribution mortgagor" means a mortgagor who
qualifies for and obtains mortgage insurance under sections 202, 221(d)(3), or 236 of the National
Housing Act as a nonprofit or limited distribution mortgagor.
(b) Real property used for a housing project which is owned and operated by a nonprofit or limited
distribution mortgagor or which is owned and operated by a person, corporation or association regulated
by Federal or State laws or by a political subdivision of the State or agency thereof as to rents, chazges,
profits, dividends, development costs and methods of operation, shall be exempt except for the minimum
tax, from property taxes.
(c) Exemptions claimed under section 53-38, Hawaii Revised Statutes, shall disqualify the same property
from receiving an exemption under this section.
(d) The director shall promulgate rules and regulations necessary to administer this section.
(e) Claim for exemption:
(1) Notwithstanding any provision in this chapter to the contrary, any real property exempt from property
taxes under section 19-87 shall be exempt from property taxes except for the minimum tax from the
date the property is qualified for the exemption; provided that a claim for exemption is filed with the
director within sixty days of the qualification. As used herein, the date of the qualification shall be
the date when the mortgage made by a nonprofit or limited distribution mortgagor and insured under
sections 202, 221(d)(3) or 236 of the National Housing Act is filed for recording with the registrar
of the bureau of conveyances or the assistant registrar of the land court of the State, whichever is
applicable.
(2) After the initial year of the qualification, the claim for exemption shall be filed in the manner
provided by applicable law or rule or regulation.
(3) In the event property taxes have been paid to the County in advance for real property subsequently
becoming qualified for the exemption, the director shall refund to the nonprofit or limited
distribution mortgagor owning the property that portion of the taxes attributable to and paid for the
period after the qualification.
(1981, Ord. No. 613, sec. 91 and 92.)
Section 19-88. Exemptions for Enterprise Zones.
Buildings or other like structures which are built as a result of new construction by a qualified business
within an enterprise zone shall be exempt from real property taxes, except for the minimum tax, for a period of
three years. A qualified business in an enterprise zone must satisfy the requirements of Hawaii County
Ordinance No. 94-8 and section 209E, Hawaii Revised Statutes, as amended.
(1995, Ord. No. 95-14)
Section 19-89. Exemption for certain Hawaiian Home Lands Properties.
Exemptions from real property taxes as set forth in chapter 53, chapter 183, chapter 186, chapter 234, chapter
239 and chapter 514A, Hawaii Revised Statutes, and in section 208 of the Hawaiian Homes Commission Act, and
which were enacted prior to November 7, 1978, shall remain in effect and be recognized by this County in its
administration of the real property tax system, provided, that all references to the director of taxation or the department
of taxation shall now be deemed to refer to the designated representative of the mayor who shall also be subject to
approval by the council. Hawaiian home lands, as defined in section 201, Hawaiian Homes Commission Act, 1920, as
amended, real property, exclusive of buildings, leased and used as a homestead (houselots, farm lots, and pastoral lots),
pursuant to section 207(x) and subject to the conditions of sections 208 and 216 of the Hawaiian Homes Commission
Act, 1920, shall be exempt from real property taxes, except for the minimum tax, and as provided for by this section.
Disposition of Hawaiian home lands for other than homestead purposes is deemed fully taxable and will not qualify
for the exemption granted by this section. The respective homestead lessee of Hawaiian home lands shall continue to
qualify and receive other personal exemptions, provided that claims for the exemptions aze timely filed, including the
seven-year limitation on the exemption afforded by section 208 of the Hawaiian Homes Commission Act, 1920.
(1981, Ord. No. 613, sec. 93; Am. 1992, Ord. No. 92-129, sec. 1.)
35
Section 19-89.1. Historic ~ ,ential real property dedicated for pres .tion, exemption.
Portions of residential real property which are dedicated and approved by the director as provided for by
section 19-60, shall be exempt from real property taxes except for the minimum tax. The owners shall assure reasonable
visual access to the public.
(1981, Ord. No. 837, sec. 2.)
Article 11. Determination of Rates.
Section 19-90. heal property tax; determination of rates.
(a) Unless a different meaning is cleazly indicated by the context, as used in this section:
(1) "Net taxable lands" means all other real property exclusive of buildings.
(2) "Net taxable real property" or "net taxable buildings" or "net taxable lands" means, as indicated
by the context, the percentage of the market value of property determined under section 19-46
which the director certifies as the tax base as provided by this chapter, less exemptions as provided by
this chapter and, in all cases where appeals from the director's assessment are then unsettled, less fifty
percent of the value in dispute.
(b) The council may increase or decrease the tax rate for buildings and for all other real property, exclusive
of buildings for net taxable land and net taxable buildings of each class of property established in
accordance with section 19-53(e) of this chapter. A resolution setting the tax rates shall be adopted on or
before June 20 preceding the tax year for which property tax revenues aze to be raised according to the
following procedures:
(1) The council shall advertise its intention to increase or decrease tax rates and the date, time, and
place of a public hearing in a newspaper of general circulation. The date of the public hearing
shall not be less than ten days after the advertisement is first published and shall set forth the tax
rates to be considered by the council.
(2) After the public hearing provided for in paragraph (1), the council shall readvertise and reconvene
within three weeks to adopt a resolution fixing the tax rates for the tax year for which property
tax revenues aze to be raised. The advertisement shall state the new rates to be fixed and the date,
time and place of the meeting scheduled for fixing such rates. The date, time, and place of the
meeting shall also be announced at the public hearing required by paragraph (1). If the resolution
fixing the tax rates is not adopted within three weeks from the public hearing required by
pazagraph (1), the council shall again advertise and meet as required by pazagraph (1).
(3) If after adopting an increase or decrease in the tax rates as provided by pazagraphs (1) and (2), the
council determines that it requires a further increase or decrease in tax rates or fails to act in any
specified period, the council shall readvertise and follow the requirements of pazagraphs (1) and
(2).
(4) If no action is taken by the Council to increase or decrease the tax rates, then the tax rates as
previously set shall be applicable to the subsequent tax yeaz.
(c) The council shall set the tax rates for each class of property using the following method:
(1) Net taxable lands and net taxable buildings within each class of property shall be assigned a
percentage of the total revenue to be derived from real property.
(2) The percentage of revenue to be raised from net taxable lands and net taxable buildings within
each class shall be multiplied by the total revenue to be raised from real property in order to
determine the amount of revenue to be derived.
(3) The amount of revenue to be raised from net taxable buildings within each class shall be divided
by the net taxable value of buildings in that class to determine the tax rate which shall be
expressed in terms of tax per $1,000 of net taxable buildings computed to the nearest cent.
(4) The amount of revenue to be raised from net taxable lands within each class shall be divided by
the net taxable value of lands in that class to determine the tax rate which shall be expressed in
terms of tax per $1,000 of net taxable lands computed to the nearest cent.
(d) If the tax rates for the tax year are increased or decreased the council shall notify the director of the increased
or decreased rates, and the director shall employ such rates in the levying of property taxes as provided
by this chapter.
36
(e) The director shall on o. ire May 1 preceding the tax yeaz furnish , ~uncil with a calculation certified by
him as being as nearly accurate as may be, of the net taxable real property within the County, sepazately stated
for each class established in accordance with section 19-53 (e) of this chapter for net taxable lands and for net
taxable buildings plus such additional data relating to the property tax base as may be necessary.
(fj Insofar as the validity of any tax rate is concerned, the provisions of subsections (b) and (e) of this section
as to dates, shall be deemed directory; provided that all other provisions of subsections (b) and (e) and all
provisions of subsections (c) and (d) shall be deemed mandatory.
(g) Notwithstanding any provision to the contrary, there shall be levied upon each individual pazcel of real
property taxable under this chapter a minimum real property tax of $25 per year.
(1981, Ord. No. 613, sec. 94; Am. 1990, Ord. No. 90-138, sec. 6.)
Article 12. Appeals.
Section 19-91. Appeals.
Any taxpayer, who may deem oneself aggrieved by an assessment made by the director or by the director's
refusal to allow any exemption, may appeal from the assessment or from such refusal to the board of review or the tax
appeal court pursuant to section 232-16, HRS, on or before Apri19 preceding the tax year, as provided in this chapter.
Where such an appeal is based upon the ground that the assessed value of the real property for tax purposes is excessive,
the valuation claimed by the taxpayer in the appeal shall be admissible in evidence, in any subsequent condemnation
action involving the property, as an admission that the market value of the real property as of the date of assessment
is no more than the value arrived at when the assessed value from which the taxpayer appealed is adjusted to one
hundred percent market value; provided, that such evidence shall not in any way affect the right of the taxpayer to any
severance damages to which the taxpayer may be entitled.
(1981, Ord. No. 613, sec. 95.)
Section 19-92. Appeals by persons under contractual obligations.
Whenever any person is under a contractual obligation to pay a tax assessed against another, the person shall
have the same rights of appeal to the board of review and the tax appeal court and the supreme court, in the person's
own name, as if the tax were assessed against the person. The person against whom the tax is assessed shall also have
a right to appeal and be heard on any such application or appeal.
(1981, Ord. No. 613, sec. 96.)
Section 19-93. Grounds of appeal, real property taxes.
In the case of a real property tax appeal, no taxpayer shall be deemed aggrieved by an assessment, nor shall an
assessment be lowered or an exemption allowed, unless there is shown (1) assessment of the property exceeds by more
than twenty percent the assessment of market value used by the director , or (2) lack of uniformity or inequality, brought
about by illegality of the methods used or error in the application of the methods to the property involved, or (3) denial
of an exemption to which the taxpayer is entitled and for which the taxpayer qualified, or (4) illegality, on any ground
arising under the Constitution or laws of the United States or the laws of the State or the ordinances of the County in
addition to the ground of illegality of the methods used, mentioned in clause (2).
(1981, Ord. No. 613, sec. 97; Am. 1982, Ord. No. 766, sec. 6.)
Section 19-94. Second appeal.
In every case in which a taxpayer appeals a real property tax assessment to the board of review or to a tax
appeal court and there is pending an appeal of the assessment, the taxpayer shall not be required to file a notice of the
second appeal; provided the first appeal has not been decided prior to April 9 preceding the tax year of the second
appeal; and provided further the director gives notice that the tax assessment has not been changed from the assessment
which is the subject of the appeal.
(1981, Ord. No. 613, sec. 98.)
Section 19-95. Small claims.
Any protesting taxpayer who would incur a total tax liability, not including penalties and interest, of less than
37
$1,000 by reason of the protest` sessment on payment in question, may ele employ the small claims procedures
of the tax appeal court as set out in section 232-5, Hawaii Revised Statutes.
(1981, Ord. No. 613, sec. 99.)
Section 19-96. Appointment, removal, compensation.
There is created a boazd of review for the County which shall consist of five members who shall be citizens of
the State and residents of the County, shall have resided at the time of appointment for at least three years in the State,
and shall be appointed by the mayor and confirmed by the council as provided by Charter. A chairman shall be elected
annually by members of the board. The vice chairman shall serve as the chairman of the board during the temporary
absence or disqualification ofthe chairman. Any vacancy in the board shall be filled for the unexpired term as provided
for in the Charter. Each member may be compensated in the same manner as board and commission members covered:
under Section 13-4(g) of the Hawaii County Charter for each day's actual attendance and his actual traveling expenses.
No officer or employee of the County shall be eligible for appointment to any such board.
(1981, Ord. No. 613, sec. 100.)
Section 19-97. Board of review; duties, powers, procedure before.
(a) The board of review for the County shall hear all disputes between the director and any taxpayer in all
cases in which appeals have been duly taken and the fact that a notice of appeal has been duly filed by a
taxpayer shall be conclusive evidence of the existence of a dispute; provided that this provision shall not
be construed to permit a taxpayer to dispute an assessment to the extent that it is in accordance with his
return unless he shows lack of uniformity or inequality as set forth in section 19-93. The chairperson may
dismiss those appeals which have not been timely filed or whose fee pursuant to Section 19-100 has not
been paid.
(b) A second or more boards of review may be created when in the opinion of the director, the volume of the
work of the existing board (or boards) creates undue delay in the completion of the boazd's work or undue
hardship upon the members of the existing board (or boazds). The provisions of this chapter shall be fully
applicable to each board and each board shall function independently from every other board of review
created under this chapter. The boards of review may provide by rules and regulations for the segregation
of the real property tax appeals to be heard by each of the boards.
(c) The board shall hold public meetings at some central location in the County commencing not later than
April 9 of each year and shall hear, as speedily as possible, all appeals presented for each yeaz. The board
shall have the power and authority to decide all questions of fact and all questions of law, excepting
questions involving the Constitution or laws of the United States, necessary to the determination of the
objections raised by the taxpayer or the County in the notice of appeal; provided, that the board shall not
have power to determine or declare an assessment illegal or void. Without prejudice to the generality of
the foregoing, each board shall have power to allow or disallow exemptions pursuant to law whether or
not previously allowed or disallowed by the director and to increase or lower any assessment.
(d) The board shall base its decision on the evidence before it, and, as provided in section 19-19, the
assessment made by the director shall be deemed prima facie correct. Assessments for the same year upon
other similar property situated in the County shall be received in evidence upon the hearing. In increasing
or lowering any real property assessment, the board shall be governed by this chapter. The board shall file
with the director its decision in writing on each appeal decided by it, and a certified copy thereof shall be
furnished by the director forthwith to the taxpayer concerned by delivery thereof to him, or by mailing
the copy addressed to his last known place of residence or business.
(e) Upon completion of its review of the property tax appeals for the current year, the board shall compile and
submit to the mayor and the council, and shall file with the director for the use of the public, a copy of a
report covering such features of its work as, in the opinion of the board, will be useful in attaining the
objectives set forth in this chapter. In this report the board shall additionally note instances in which, in
the opinion of the board, the director, in the application of the methods selected by him, erred as to a
particular property or particular properties not brought before the board by any appeal, whether the error
is deemed to have been by way of underassessment or overassessment. Before commencing this phase of
its work the boazd shall publish, during the first week of September a notice specifying a period of at least
ten days within which complaints may be filed by any taxpayer. Each complaint shall be in writing, shall
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identify the particul~ _ ~perty involved, shall state the valuation ned by the taxpayer and the grounds
of objection to the assessment, and shall be filed with the director who shall transmit the same to the
board. Not earlier than one week after the close of the period allowed for filing complaints, the board shall
hold the hearing on the complaint submitted, after first giving reasonable notice of the hearing to all interested
taxpayers and the director. Like notice and hearing shall be given in order for the board to include in its
report any other property not brought before it by an appeal. The board may proceed by districts designated
by their tax map designation, and may from time to time publish the notice above provided for as work
proceeds by districts. The board shall consider the complaints and testimony received in preparing its annual
report to the mayor and Council.
(f1 The director, in the making of assessments for the succeeding yeaz, shall give due consideration to the
report of the board made pursuant to subsection (e).
(g) The board and each member thereof in addition to all other powers shall also have the power to subpoena
witnesses, administer oaths, examine books and records, and hear and take evidence in relation to any
subject pending before the board. It may request the tax appeal court, to order the attendance of witnesses
and the giving of testimony by them, and the production of books, records and papers at the hearings of
the boazd.
(1981, Ord. No. 613, sec. 101; Am. 1985, Ord. No. 85-102, sec. 2.)
Section 19-98. Tax appeal court.
An appeal to the tax appeal court may be filed by a taxpayer or the director as provided in sections 232-8 to
232-14, HRS, and sections 232-16 to 232-18, HRS.
Appeals to the State supreme court shall conform to sections 232-19 to 232-21, HRS.
(1981, Ord. No. 613, sec. 102.)
Section 19-99. Appeal to board of revie®v.
The notice of appeal of a real property assessment must be lodged with the director on or before the date fixed
bylaw for the taking of the appeal. An appeal to the boazd of review shall be deemed to have been taken in time if the
notice thereof shall have been postmazked and properly addressed to the director, on or before such date.
The notice of appeal must be in writing and any such notice, however informal it may be, identifying the
assessment involved in the appeal, stating the valuation claimed by the taxpayer and the grounds of objection to the
assessment shall be sufficient. Upon the necessary information being furnished by the taxpayer to the director, the
director shall prepaze the notice of appeal upon request of the taxpayer or County and any notice so prepazed by the
director shall be deemed sufficient as to its form.
The appeal shall be considered and treated for all purposes as a general appeal and shall bring up for
determination all questions of fact and all questions of law, excepting questions involving the Constitution or laws of
the United States, necessary for the determination of the objections raised by the taxpayer in the notice of appeal. Any
objection involving the Constitution or laws of the United States may be included by the taxpayer in the notice of
appeal and in such case the objections may be heazd and determined by the tax appeal court on appeal from a decision
of the board of review; but this provision shall not be construed to confer upon the board of review the power to hear
or determine such objections. Any notice of appeal may be amended at any time prior to the boazd's decision; provided
the amendment does not substantially change the dispute or lower the valuation claimed.
(1981, Ord. No. 613, sec. 103.)
Section 19-100. Costs; deposit for an appeal.
The costs to be deposited by the taxpayer on appeal to the board of review shall be $15 for each real property
tax appeal.
The cost to be deposited by the taxpayer on any appeal to the tax appeal court or the State supreme court shall
be as provided in sections 232-22 and 232-23, HRS.
(1981, Ord. No. 613, sec. 104; Am. 1991, Ord. No. 91-61, sec. 2.)
Section 19-101. Costs, taxation.
In the event of an appeal by a taxpayer to the board of review, if the appeal is compromised, or amended as to
fifty percent or more of the valuation in dispute, the costs deposited shall be returned to the appellant. Otherwise the
39
entire amount of costs deposited shall be retained by the County.
(1981, Ord. No. 613, sec. 105.)
Section 19-102. Taxes paid pending appeal.
The tax paid upon the amount of any assessment, actually in dispute and in excess of that admitted by the
taxpayer, and covered by an appeal to the tax appeal court duly taken, shall be paid by the director into the "litigated
claims account." If the final determination is in whole or in part in favor of the appealing taxpayer, the director shall
repay to the taxpayer out of the account, or if investment of the account should result in a deficit therein, out of the
general fund of the County, the amount of the tax paid upon the amount held by the court to have been excessive or
nontaxable, together with interest at the rate of six percent a year from the date of each payment into the litigated claims
account, the interest to be paid from the general fund of the County. The balance, if any, of the payment made by the
appealing taxpayer, or the whole of the payment, incase the decision is wholly in favor of the director, shall, upon the
final determination become a realization of the general fund.
In a case of an appeal to a board of review, the tax paid upon the amount of the assessment actually in dispute
and in excess of that admitted by the taxpayer, shall during the pendency of the appeal and until and unless an appeal
is taken to the tax appeal court, be held by the director in the general fund of the County. In the event of final
determination of the appeal in the board of review, the director shall repay to the appealing taxpayer out of the general
fund the amount of the tax paid upon the amount held by the board to have been excessive or nontaxable, together with
interest at the rate of six percent a yeaz from the date of each payment into the general fund of the County. The balance,
if any, of the payment made by the appealing taxpayer, or the whole of the payment, in case the decision is wholly in
favor of the director, shall, upon the final determination become a realization of the general fund.
(1981, Ord. No. 613, sec. 106; Am. 1991, Ord. No. 91-61, sec. 3.)
Section 19-103. Amendment of assessment list to conform to decision.
The director shall alter or amend the assessment and the assessment list in conformity with the decision of
judgment of the last boazd or court to which an appeal may have been taken.
(1981, Ord. No. 613, sec. 107.)"
SECTION 2. The director is authorized to develop and implement a transitional program for the
amendments relating to dedications and renewal of dedications. Providing a transition program will allow
those affected by the amendments to be notified and to enable them to take appropriate action relating to the
applicable dedication. The director shall cancel a dedication approved prior to January 1, 1997 without
penalty upon approval of an owner's petition for placement of land into the homeowner's class. Said
transition shall be completed before the tax year 1998-1999. In addition, the director shall implement a
transitional program over a three year period beginning with the tax year 1998-1999 for the assessment of
the actual homesite portion of lands valued pursuant to sections 19-56, 19-57 and 19-58.
SECTION 3. Material to be deleted is bracketed. New material is underscored. In printing this
ordinance, brackets, bracketed material and underscoring may be deleted.
SECTION 4. In the event, any portion of this ordinance is declared invalid, such invalidity shall
not affect other portions of this ordinance.
SECTION 5. Articles 1 through 6 and 9 through 12 and Section 19-58 of this ordinance shall take
effect upon approval.
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Article 7 and the remainder of Article 8 shall take effect beginning with tax year
1998-1999 and the director is expressly authorized to take such action as is necessary to enable
implementation for the tax year 1998-1999.
INTRODUCED BY:
,-``l~
,
i, ' ;
O~JNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: November 13, 1996
Date of 1st Reading: November 13, 1996
Date of 2nd Reading: November 21, 1996
Effective Date:
AI~~R®YED AS
FGRM AND IEGAIITY:
CEP!1TY CORPORATION COUNSEL
COUNTY OF HAWAII
C'at~
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