HomeMy WebLinkAboutORD 1982-837 1980-1984, ..
:,..-
BILL N0. 876
(DRAFT 2
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE N0 ._ ~37
AN ORDINANCE AMENDING ORDINANCE 613, AS AMENDED, OF THE HAWAII
COUNTY CODE, RELATING TO THE EXEMPTION OF DEDICATED HISTORIC
RESIDENTIAL PROPERTIES FROM REAL PROPERTY TAXATION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII;
SECTION 1. Legislative Intent.
The State of Hawaii is blessed with historic and cultural
properties located in its midst which serve to educate, inspire,
and enrich its citizens for generations to follow as well as its
visitors. The State has recognized the value of preserving
historic and cultural property, as evidenced in its Constitution
and Chapter 6E of the Hawaii Revised Statutes.
In accordance with this recognition, the Council finds that
the historic residential properties located within the County are
an important asset, and that rapid economic developments of
contemporary society threaten these historical vestiges. The
Council also finds that it is in the public interest to encourage
programs and measures that promote the preservation of historic
residential properties.
Therefore, the purpose of this ordinance is to exempt all
historic residential properties placed on the Hawaii Register of
Historic Places after January 1, 1977 from real property taxes.
SECTION 2. Ordinance 613, as amended by Ordinance 766 is
hereby amended by adding a new section after Section 93 of
Ordinance 613 to read as follows:
"Sec. 93.1. Historic Residential Real Propert
(a) Portions of residential real property which are
dedicated and approved by the Director of Financ
provided for by this section, shall be exert fr
real property taxation except as provide by
cow+;~~ ~n Tha nwnerc shall. assure reasonable
al access to the public.
., • ,--
(b) An owner of taxable real property that is the site
a historic residential property that has been plac
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 of Finance.
(c) The Director of Finance shall approve the petition
and determine what portion or portions of the real
property shall be exempted from real property taxe
The Director shall consult with the State Historic
Preservation Office in making this determination.
The Director may take into consideration whether t
current level of taxation is a material factor whi
threatens the continued existence of the historic
property and may determine the total area or area
of the real property that shall be exempted.
(d) The approval of the petition by the Director shal]
constitute a forfeiture on the part of the owner c
any right to change the use of his property for a
minimum period of ten years automatically renewal
idefinitely subiect to cancellation by either the
owner or the Director u on five ears notice at ar
time a ter the end o the fi th year.
(e) Failure of the owner to observe the restrictions c
Subsection d shall cancel the tax exemption and
privilege retroactive to the date of the dedicatii
and all differences in the amount of taxes that wf
paid and those that would have been due but for tl
le
f
exemption allowed by this section shall be payable
together with interest at 12 percent per annum from
the respective dates that these payments would have
been due provided the provision in this paragraph
shall preclude the County from pursuing any other
remedy to enforce the covenant on the use of the la
(f) Any person who becomes an owner of real property th
is permitted an exemption under this section shall
subiect to the restrictions and duties imposed unde
this section.
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 The exemption provided for by this
section shall be effective January 1 of the next
calendar year.
(h) An owner applicant may appeal any determination as
the case of an appeal from an assessment.
(i)
SECTION 3. Material to be repealed is bracketed, new material
is underscored. In printing this ordinance, the bracketed
material and the underscoring may be excluded.
-2-
SECTION 4. In the event that any section of this ordinance is
declared invalid, such invalidity shall not affect the other parts
of this ordinance.
SECTION 5. This ordinance shall take effect upon [its
approval and shall apply to the tax year immediately thereafter]
the adoption of this language by three counties.
INTRODUCED BY:
l ti ~,
UNCIL MEM E , COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of Adoption:
Effective Date:
August 17, 1982
December 8, 1982
December 16, 1982
-3-
Kona, Hawaii
TIa+A~ 1171(171Rt 17. 1982
FIRST REARING
AYES NOES A/E
Dahlberg X
De Luz X
Domingo X
Fujii X
Hale
Kawahara X
X
z i
r
Lai X
Schutte X
Ch r. Yamashiro g
9 0 0
Publication Date;
Hilo, Hawaii
Harp- December 8, 1982
SECOND & FINAL READING
AYES NOES A/E
Dahlberg X
De Luz X
Domingo
X
Fujii
X
Hale X
Kawahara X
Lai X
Schutte
X
Ch r. Yamashiro X
9 0 0
Publication Date: DEC 2 6 1982
We do hereby certify that the foregoing BILL was adopted by the
County Council and published as indicated above.
APPROVED as to
R aced LE^,ALITY
` C RP GAT~O ~:O ~N`_
COU rv.~ All
DEC 1 3 i~82
Approve/~d/ /f this' dayry of
ayor, County of Ha~Wa
C cil Ch it an
mod. ~ ~,,
County Cler)
Bill No. 876(2ND DRAFT)
Reference: FC-232
M.B. No.
Ord. No. R'~'7