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HomeMy WebLinkAboutORD 1990-152 1988-1992COUNTY OF HAWAII . STATE OF HAWAII BILL NO. 350 (Draft 2) ORDINANCE NO. °~ 152 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 19, ARTICLE 10, SECTION 19-75, HAWAII COUNTY CODE 1983, RELATING TO EXEMPTION, PERSONS WITH IMPAIRED SIGHT OR HEARING AND PERSONS TOTALLY DISABLED. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to amend Section 19-75, Article 10, Chapter 19 of the Hawaii County Code relating to real property taxes with the following: (a) Increase the amount of the exemption granted by this section; (b) To include the non-Hawaiian spouse as an eligible claimant for the exemption in the case of Hawaiian Homes leased lands; (c) Clarify the manner in which exemptions are to be granted by the director; (d) Housecleaning measures to remove reference to gender. SECTION 2. Chapter 19, Article 10, Section 19-75, Hawaii County Code 1983, is amended to read as follows: "Section 19-75. Exemption, Persons with Impaired Sight or Hearing and Persons Totally Disabled. (a) Any person who is blind or deaf, as defined in section 235-1, Hawaii Revised Statutes, shall, so long as [his] the person's sight or hearing is so impaired, be exempt from real property taxes on all real property owned by [him] that person up LA/HAT to, but not exceeding a taxable value of $[25,000] 50,000. The impairment of sight or hearing shall be certified to by the state department of health or by any state or county medical officer duly authorized by the state department of health for this purpose. (b) Any person who is totally disabled, as defined in section 235-1, Hawaii Revised Statutes, shall, as long as [he] the person is totally disabled, be exempt from real property taxes on all real property owned by [him] that person up to, but not exceeding a taxable value of $[25,000] 50,000. The disability shall be certified to by the state department of health or by any state or county medical officer duly authorized by the state department of health for this purpose. (c) In the case of a lease of Hawaiian Homestead land where either a husband or wife is of non-Hawaiian descent, either spouse shall be entitled to the blind, deaf, or totally disabled exemption in the same manner as if either spouse was considered the owner thereof. (d) 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. -2- (e) Any person who is blind, deaf or totally disabled ma claim only one of the exemptions provided in this section." SECTIOCI 3. Material to be deleted is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 4. In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 5. This ordinance shall take effect on December 31, 1990. Hilo, Hawaii Date of Introduction: November 8, 1990 Date of 1st Reading: November 8, 1990 Date of 2nd Reading: November 21, 1990 Effective Date: November 30, 1990 -3- COUNCIL MEMBERS, COUNTY OF HA[^IAII