HomeMy WebLinkAboutBIL 188 Draft 01 2006-2008OFFICE INFORMATION ONLY
Meeting: Finance Committee - (No meeting date)
Action: Withdrawn by introducer (J Yoshimoto) per Comm 713.1
Re: Bill 188 (Comm. 713) (2006 -2008)
COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 188
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 7, SECTIONS 19- 53,19 -58.1
AND 19 -58.2, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED),
RELATING TO REAL PROPERTY TAXES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 19, article 7, subsection 19- 53(g), Hawaii County Code 1983
(2005 Edition, as amended), is amended to read as follows:
"(g) Limitation on homeowner assessment.
(1) For properties in the homeowner class[ as of jafmary 1, 200 4 and not EledleateEl W
fienspeeialative residential use ], the assessed value of the property shall not
increase more than three percent per tax year tax until the parcel is sold or any
portion thereof sold by way of conveyance which is subject to conveyance tax
under terms of chapter 247, Hawaii Revised Statutes, at which time the property
will be assessed at market value. In addition to the three percent limit of this
subsection any improvements undertaken on the property within the tax year shall
be assessed at market value. All parcels entering this class [ 1anuary 1, 2004
shall have the assessed value as of January 1 of the following year and be subject
to the above provisions.
( [These prepet4ies dedieated to fienspeaulative residential use as ef januavy ,
S ep t e mb er 1 F th year- F 11 ~g e vetment of this see Upo te...lip 1:en
the dedieatien these pr-epei4ies shall be assessed at the niffket value and subjeet to
seetien 19
Those properties currently dedicated to nonspeculative residential use may
continue the dedication until the dedication expires or breach the dedication
without imposition of retroactive taxes Upon the end of the dedication use or
breach the dedicated assessed value plus three percent or assessed market value,
whichever is less shall become the assessed value for the homeowner class for
the following real property tax year. Further, homeowners who have applied for
or renewed their nonspeculative residential use for the fiscal year 2008 -2009 will
have their application cancelled and will be assessed as stated in paragraphs
19- 53(8)(1) and (2) All other dedicated nonspeculative residential uses moving
to other classes shall be valued at the assessed market value of that class.
(3) [ Th ese . rep e...:e s aediratea to nensp eeulative _e . as of r.,.,...,«.. i
2004 may eentinue the dedieatien and upon teEmination of the dedication peFied
the pareel shall be msemedd at the vaawket value and the year felle'Aing the
termination be subjeet to seetion 19 53(g)(1) urAess the dedioation is Fenewed as
pr-evided in .j
Paragraphs 19- 53(x)(2) and (3) shall be repealed upon the final participant in the
nonspeculative residential use dedication program being converted to the
homeowner class program as reflected in paragraph 19- 53(¢)(1).
SECTION 2. Chapter 19, article 7, sections 19 -58.1 and 19 -58.2, Hawaii County Code
1983 (2005 Edition, as amended), are hereby repealed in its entirety:
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SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 4. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REHREtiCE: Comm. 713
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SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 4. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REHREtiCE: Comm. 713