HomeMy WebLinkAboutORD 1989-150 1988-1992COUNTY OF HAWAII, w' _ :STATE OF HAWAII
Bill No. 141
(DFa,FT 3)
ORDINANCE NO. 89 150
A BILL FOR AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 10, HAWAII
COUNTY CODE, AS AMENDED, RELATING TO REAL PROPERTY TAXES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to
implement Act 81, SLH 1988, Relating to Certification for Tax
Exemptions, by removing the State Department of Health from the
process of certifying blind, deaf, and totally disabled persons
for real property tax exemption purposes. This ordinance
establishes definitions, changes the procedural requirements for
filing real property tax exemption claim forms and certification
of a property owner's medical disability.
SECTION 2. Chapter 19, Article 10, Section 19 -75, Hawaii
County Code, as amended, relating to exemptions, is amended to
read as follows:
Section 19 -75. Exemption, persons with impaired sight
or hearing and persons totally
disabled.
(a) Definitions - "Blind" means a person whose central
visual acuitv does not exceed 20/200 in the better eve 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 20 degrees.
"Deaf" means a Person whose average loss in the speech
frequencies (500 -2000 Hertz) in the better ear is
82 decibels, A.S.A., or worse
"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
[section 235 -1, Hawaii Revised Statutes,] subsection (a) of
this section, [shall,] so long as [his] the person's sight
or hearing is so impaired, shall be exempt from real
property taxes on all real property owned by [him] the
person up to, but not exceeding a taxable value of $25,000.
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] a licensed opthalmologist
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
[section 235 -1, Hawaii Revised Statutes,] subsection (a) of
this section. [shall,] as long as [he] the Person is totally
disabled, shall be exempt from real property taxes on all
real property owned by him up to, but not exceeding a
taxable value of $25,000. 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] a Physician licensed
under chapter 453 or 460 or both on forms Prescribed by
the department of finance.
(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 opthalmologist
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 subsections (b) or (c) of this section shall
be allowed to apply for only one of the exemptions
established in this section.
SECTION 3. Severability. If any provision of this
ordinance, or the application thereof to any person or
circumstance, is held invalid, the invalidity does not affect
other provisions or applications of this ordinance which can be
given effect without the invalid provision or application, and
to this end the provisions of this ordinance are severable.
SECTION 4. Material to be repealed is bracketed. 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 MBE , C UNTY OF HAWAII
Hilo, Hawaii
Date of introduction: November 15, 1989
Date of 1st Reading: November 15, 1989
Date of 2nd Reading: December 5, 1989
Effective Date: December 11, 1989