HomeMy WebLinkAboutORD 2013-078 2012-2014 .-J+tY of h.
COUNTY OF HAWAII •:;" STATE OF HAWAII
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BILL NO. 75
ORDINANCE NO. 13 78
AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 10, SECTION 19-89.5 OF THE
HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
KULEANA LAND EXEMPTIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The purpose of this measure is to eliminate residential and agricultural zoning
restrictions and allow qualified parcels in residential use, agricultural use or vacant land to be eligible
for a kuleana land exemption. The measure further clarifies that use of a property as a vacation rental
does not qualify as a residential use for the purpose of a kuleana land exemption.
SECTION 2. Chapter 19, Article 10, Section 19-89.5 of the Hawai`i County Code 1983 (2005
Edition, as amended) is amended by revising as follows:
Section 19-89.5. Kuleana land exemption.
(a) For the purposes of this section, "kuleana land" means those lands granted to native
tenants pursuant to L. 1850, p. 202, entitled "An Act Confirming Certain Resolutions of
the King and Privy Council, Passed on the 21st Day of December, A.D. 1849, Granting
to the Common People Allodial Titles for Their Own Lands and House Lots, and
Certain Other Privileges," as amended by L. 1851, p.98, entitled "An Act to Amend an
Act Granting to the Common People Allodial Titles for Their Own Lands and House
Lots, and Certain Other Privileges" and as further amended by subsequent legislation.
(b) Those portions of real property [zoned as residential or agricultural,] in residential use,
agricultural use or vacant land and designated as kuleana land, shall pay the minimum
real property tax set forth in subsection 19-90(e) as long as the real property is owned in
whole or in part by a lineal descendant of the person(s) that received the original title to
the kuleana land. Residential use shall not include vacation rental use.
(c) An application for this exemption shall be filed with the director on forms prescribed by
the director. The application shall include documents verifying ownership of the
portion of the parcel and that the condition set forth in subsection (b) has been satisfied.
Verification of the condition set forth in subsection (b) shall be satisfied by either
genealogy verification by the Office of Hawaiian Affairs or by court order stating that
the applicant is a lineal descendant of the person(s) that received the original title to the
kuleana land. The applicant/landowner shall be responsible for all costs.
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
Hilo , Hawai`i
Date of Introduction: June 18, 2013
Date of 1st Reading: June 18, 2013
Date of 2nd Reading: July 10, 2013
Effective Date: July 25, 2013
REFERENCE Comm. 267
2
OFFICE OF THE COUNTY CLERK COUNTY CLERK
County ofHawai`i COI.fl°T r ,-_ AWAI1
Hilo, Hawai`i
2013 JUL 2 6 PM 2: 04
Introduced By: Valerie T. Poindexter ROLL CALL VOTE
Date Introduced: June 18, 2013 AYES NOES ABS EX
First Reading: June 18 , 2013 Eoff X
Published: July 6, 2013 Ford X
Ilagan X
REMARKS: Kanuha X
Kern X
Onishi X
Poindexter X
Wille X
Yoshimoto X
Second Reading: July 10, 2013 8 0 1 0
To Mayor: July 18 , 2013
Returned: July 26, 2013 ROLL CALL VOTE
Effective: July 25, 2013 AYES NOES ABS EX
Published: August 3, 2013 Eoff X
Ford X
REMARKS: Ilagan X
Kanuha X
Kern X
Onishi X
Poindexter X
Wille X
Yoshimoto X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
'PROVED AS TO -
FO' AND LEGALITY: cZ=.
C _ CIL CHAIRPERSON
DEPUTY CORP•"' •N COUNSEL / /
COUNTY •- 'AWAIT
)LINTY CLERK
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75
Bill No.:
1) Reference: C-267/FO-68
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Approved/'D' pproved this day 13 78
Ord No.:
of Kj , 20 l3
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MAYOR, COUNTY OF HAWAII