HomeMy WebLinkAboutORD 2018-012 2016-2018 •
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COUNTY OF HAWAII }- STATE OF HAWAII
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BILL NO. 88
ORDINANCE NO. 18 12
AN ORDINANCE AMENDING CHAPTER 23, ARTICLE 11, SECTION 23-118 OF THE
HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
CRITERIA TO DETERMINE A PRE-EXISTING LOT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 23, article 11, section 23-118, of the Hawai`i County Code 1983
(2016 Edition, as amended) is amended to read as follows:
"Section 23-118. Criteria to determine a pre-existing lot.
The director shall certify that a lot is pre-existing if the lot meets one of the following
criteria:
(a) The lot was created and recorded prior to November 22, 1944 or the lot was created
through court order(e.g. partition) prior to July 1, 1973, and the lot had never been legally
consolidated, provided that no pre-existing lot shall be recognized based upon a lease
except for a lease which complied with all other applicable laws when made, including
Territorial statutes regulating the sale or lease of property by lot number or block number,
and on September 25, 2002, the proposed lot contains a legal dwelling, or has been
continuously leased since January 8, 1948, as a separate unit.
(b) The lot was created prior to December 21, 1966, as an agricultural lot in excess of twenty
acres pursuant to County ordinance.
(c) The lot was created through evidence of a properly prepared deed and/or subdivision plat
for fee simple ownership of such lot to a grantee other than the grantor or a grantor's trust
which deed was recorded at the State of Hawai`i Bureau of Conveyances or with the
Registrar of the Land Court prior to May 1, 1999, and was subsequently depicted on a
County of Hawai`i Tax Map, was issued a tax map parcel number therefor, and was
individually assessed for real property taxation purposes.
SECTION 2. New material is underscored. In printing this ordinance, the underscoring
need not be included.
SECTION 3. 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
application 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 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
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COUNCIL MEMBER, OUNTY OF HAWAI`I
Hilo , Hawai`i
Date of Introduction: January 24, 2018
Date of 1St Reading: January 24, 2018
Date of 2nd Reading: February 7, 2018
Effective Date: February 20, 2018
REFERENCE Comm. 656
2
OFFICE OF THE COUNTY CLERK
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County of Hawai`i
C UUNLITfO#F HAW !I
Hilo, Hawaii
2G18 H=ER 21 M 9: 07
Introduced By: Karen Eof f (B/R) ROLL CALL VOTE
Date Introduced: January 24, 2018 AYES NOES ABS EX
First Reading: January 24, 2018 Chung X
Published: February 3 , 2018 David X
Eoff X
REMARKS. Kanuha X
Lee Loy X
O'Hara X
Poindexter X
Richards X
Ruggles X
Second Reading: February 7, 2018
9 0 0 0
To Mayor: February 15, 2018
Returned: February 21, 2018 ROLL CALL VOTE
Effective: February 20, 2018 AYES NOES ABS EX
Published: March 3, 2018 Chung X
David X
REMARKS:
Eoff X
Kanuha X
Lee Loy X
O'Hara X
Poindexter X
Richards X
Ruggles X
7 0 2 0
I DO HEREBY CERTIFY that the foreoin BILL was adopted by the CountyCouncil published as
indicated above.
CO UN _- CHAIRP y ' 0
prove Disapproved this �TM day
of F w1aY. , 20 ft • 10 ' TY CLERK
Bill No.: 8 8
'- OR, COUNT ! AWAI`I Reference: C-656/PC-43
Ord No.: 18 12