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Home My WebLink AboutORD 2010-022 2008-2010 , or COUNTY OF HAWAII •M ' •/ STATE OF HAWAII BILL NO. 200 ORDINANCE NO. I® 22 (Draft 3) AN ORDINANCE AMENDING CHAPTER 19 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), REAL PROPERTY TAXES, RELATING TO APPEALS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The purpose of this measure is to amend section 19 -100, Costs; deposit for an appeal; and section 19 -101, Costs; taxation. The County finds that due to the increased costs of conducting an appeal, it is necessary to raise the real property tax appeal fee. Additionally, conditions for refund of appeal fees are amended and clarified. SECTION 2. Chapter 19, article 12, section 19 -100, of the Hawai'i County Code 1983 (2005 edition, as amended), is amended to read as follows: Section 19 -100. [Costs) Cost; deposit for an appeal. The [costs] cost to be deposited by the taxpayer [en] for an appeal to the board of review shall be [$15] $50 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, Hawai`i Revised Statutes. SECTION 3. Chapter 19, article 12, section 19 -101, of the Hawai'i County Code 1983 (2005 edition, as amended), is amended to read as follows: Section 19 -101. [Costs,[ Cost- taxation. In the event of an appeal by a taxpayer to the board of review, if the appeal is [ • - e, o . . • • - • • - - • • • - • • . -,] determined in the favor of the appellant, or the board of review finds that an adjustment is required due to duplicate assessments or departmental errors such as but not limited to transposition in figures, typographical errors, and errors in calculations, the [costs] cost deposited shall be returned to the appellant. Otherwise, the entire amount of [costs] cost deposited shall be retained by the County. • SECTION 4. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. SECTION 5. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such 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 6. This ordinance shall take effect on July 1, 2010. INTRODUCED BY: A Z--7 2 sL Ot— - COUNCIL MEMB R, COUNTY OF HAWAII Kona , Hawai`i Date of Introduction: February 18, 2010 Date of 1st Reading: February 18, 2010 Date of 2 Reading: March 17, , 2010 Effective Date: July 1, 2010 REFERENCE' Comm. 684.6 2 • OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawai`i (Draft 2) RE`E" z )tf ED Introduced By: Brenda Ford RgNii e k VRTEnr. eq Date Introduced: February 18, 2010 AYES NOES FBS" -S EX First Reading: February 18, 2010 Enriques X r U�Ui ' •1r ' r CLERK Published: February 27, 2010 Ford x V IM • r1J Ap Jj Greenwell X REMARKS: March 3, 2010 — Amended to Hoffmann X Draft 3 and held over pursuant to Ikeda X Council Rule 25 (e) Naeole- Beason X Onishi X Yagong X Yoshimoto X Second Reading: March 17, 2010 7 2 0 0 To Mayor: March 25, 2010 Returned: April 8, 2010 ROLL CALL VOTE Effective: July 1, 2010 April 15, 2010 AYES NOES ABS EX Published: p Enriques X Ford X REMARKS: X Greenwell Hoffmann X Ikeda X Naeole- Beason X Onishi X Yagong X Yoshimoto X 5 4 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO SP`� FORM AND LEGALITY: COUNCIL CHAIRMAN DEPUTY ORATION COUNSEL COUNTY Or HAWAII COUNTY CLERK Date Y /— /e 200 (Draft 3) Bill No.: C- 684.6/FC -139 ApProver! /Urrupprr red this day Reference: .p of . 20 10 Ord No.: 10 22 MAYOR, COUNTY OF HAWAI `1 Ordinances Numbered 10 -22, 10 -23, 10 -24, 10 -25, 10 -26, 10 -27, 10 -28, & 10 -29 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on March 17, 2010, by vote, as listed below: Ordinance 10 -22 (Bill 200, Draft 3): An Ordinance Amending Chapter 19 of the Hawai`i County Code 1983 (2005 Edition, as Amended), Real Property Taxes, Relating to Appeals. AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, and Onishi — 5; NOES: Council Members Greenwell, Naeole- Beason, Yagong, and Chair Yoshimoto — 4; ABSENT: None; EXCUSED: None. Ordinance 10 -23 (Bill 203): An Ordinance Amending Section 25 -8 -9 (Hawi-Kapa'au Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), by Changing the District Classification From Single- Family Residential — 15,000 Square Feet (RS -15) to Village Commercial 10,000 Square Feet (CV -10) at Ka'auhuhu, North Kohala, Hawai`i, Covered by Tax Map Key: 5 -5- 010:025. AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8; NOES: Council Member Hoffmann — 1; ABSENT: None; EXCUSED: None. Ordinance 10 -24 (Bill 205): An Ordinance to Amend Ordinance No. 09 -64, as Amended, the Operating Budget for the County of Hawai`i for the Fiscal Year Ending June 30, 2010. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 10 -25 (Bill 206): An Ordinance to Amend Ordinance No. 09 -64, as Amended, the Operating Budget for the County of Hawai`i for the Fiscal Year Ending June 30, 2010. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 10 -26 (Bill 207): An Ordinance to Amend Ordinance No. 09 -64, as Amended, the Operating Budget for the County of Hawai`i for the Fiscal Year Ending June 30, 2010. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 10 -27 (Bill 208): An Ordinance Amending Section 25 -8 -33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), by Changing the District Classification From Single - Family Residential — 10,000 Square Feet (RS -10) to Neighborhood Commercial — 20,000 Square Feet (CN -20) at Waiakea, South Hilo District, Hawai`i, Covered by Tax Map Key: 2 -2- 025:022. AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8; NOES: Council Member Hoffmann — 1; ABSENT: None; EXCUSED: None. Ordinance 10 -28 (Bill 213): An Ordinance Amending Ordinance No. 09 -65, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2009 to June 30, 2010. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 10 -29 (Bill 214): An Ordinance Amending Ordinance No. 09 -65, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2009 to June 30, 2010. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9; NOES: None; ABSENT: None; EXCUSED: None. Kenneth 0..Goodenow County Clerk (Hawai`i Tribune - Herald — April 15, 2010) (West Hawaii Today — April 15, 2010) Note: The original Digest/Affidavit is attached to Ordinance 10 -22.