HomeMy WebLinkAboutORD 2013-072 2012-2014 NtVfoF.•
COUNTY OF HAWAII ••: ' ' STATE OF HAWAII
,rE OF•M01
BILL NO. 65
ORDINANCE NO. 1Z 72
AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 10, SECTION 19-53(j), OF THE
HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO BREACH
OF AFFORDABLE RENTAL HOUSING CLASS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The purpose of this measure is to amend the rollback penalty for breach of
affordable housing classification to be consistent with the annual application requirements for classification
as affordable rental housing for real property tax assessment purposes.
SECTION 2. Chapter 19, Article 10, Section 19-53, of the Hawai`i County Code 1983 (2005
Edition, as amended) is amended by amending subsection(j) to read as follows:
(j) Breach of affordable rental housing class.
(1) Rental of any unit during the calendar year at a rate higher than the affordable rental
rate shall breach the classification.
(2) Any conveyance of the parcel or portion of the parcel subject to conveyance tax under
terms of chapter 247, Hawai`i Revised Statutes, shall breach the classification.
(3) Upon breach of the classification, the tax assessment shall be cancelled retroactive to
the date of the classification, but for not more than [a period of two years plus]
the current year, and all difference in the amount of taxes that were paid and those
that would have been due from the assessment in the higher classification shall be
payable with a ten percent penalty.
SECTION 3. Material to be repealed is bracketed and stricken.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 4. Severability. 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 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Kona , Hawai`i
Date of Introduction: May 15, 2013
Date of 1st Reading: May 15, 2013
Date of 2nd Reading: June 5, 2013
Effective Date: June 20, 2013
REFERENa Comm. 247
2
OFFICE OF THE COUNTY CLERK COUNTY CLERK
COUNTY�' flF HAWAII
County of Hawai`i
Kona, Hawai`i 7013 JUN 2 I AN 9: 45
Introduced By: Valerie T. Poindexter ROLL CALL VOTE
Date Introduced: May 15, 2013 AYES NOES ABS EX
First Reading: May 15, 2013 Eoff X
Published: May 24, 2013 Ford X
Ilagan X
REMARKS. Kanuha X
Kern X
Onishi X
Poindexter X
Wille X
Yoshimoto X
Second Reading: June 5, 2013 9 0 0 0
To Mayor: June 17, 2013
Returned: June 21, 2013 ROLL CALL VOTE
Effective: June 20, 2013 AYES NOES ABS EX
Published: June 28, 2013 Eoff X
Ford X
REMARKS: X
Ilagan
Kanuha X
Kern X
Onishi X
Poindexter X
Wille X
Yoshimoto X
8 0 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO i_
FORM AND LEGA II T`! 410.
COUN IN CHAIRPERSON
`A east( vt.,DEPUTY CORPORATION COUNSEL •
COUNTY OF HAWAII dlir
_ C NTY CLERK
Date -.) ✓'q. .b 1..O C17
Bill No.: 65
Or--11 C-247/FC-62
Approve Disapproved this day Reference:
0 44/ke , 20 13 . Ord No.: 72
'lb/MAYOR, COUNTY OF HAWAII