HomeMy WebLinkAboutBIL 169 Draft 01 2018-2020 n \j1lJI%�
COUNTY OF HAWAII ; STATE OF HAWAII
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BILL NO. 169
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 19, OF THE HAWAII COUNTY CODE 1983
(2016 EDITION,AS AMENDED), ARTICLE 6,BY ADDING A NEW SECTION TO
CREATE TWO TIERS FOR THE RESIDENTIAL CLASS; AND ARTICLE 11,
SECTION 19-90,BY ADDING A NEW SECTION AUTHORIZING COUNCIL TO SET
TAX RATES FOR EACH TIER,RELATING TO REAL PROPERTY TAXES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 19, Article 6, of the Hawai`i County Code 1983 (2016 Edition, as
amended), is amended by adding a new subsection to read as follows:
"Section 19-46.1.Residential tax rate tiers.
Notwithstanding any provision to the contrary, two tiers of tax
rates for properties classified as residential is established. The tax
rates for the two tiers shall be established by council in accordance
with 19-90."
SECTION 2. Chapter 19, Article 11, Section 19-90, of the Hawai'i County Code 1983
(2016 Edition, as amended), is amended by adding a new section to read as follows:
"(f) Notwithstanding any provision to the contrary, the council
shall establish a separate tax rate each for the residential tier one
property and residential tier two property, as defined below. The
tax rates shall be applied as follows:
(1) The tax rate established for the residential tier one property
shall be applied to the net taxable real property value under
$2,000,000.
(2) The tax rate established for the residential tier two property
shall be applied to the net taxable real property value of
$2,000,000 or more.
For the purposes of this section, "residential tier one property"
shall mean all property, or portions thereof, other than a residential
tier two property, within the residential class. "Residential tier two
property" shall mean a property, or portion thereof, which:
(1) Is improved with one or more dwelling units, has a net taxable
real property value of$2,000,000 or more, does not have a home
exemption, and is classified as residential in consideration of the
highest and best use of the land;
(2) Is vacant land that has a net taxable real property value of
$2,000,000 or more, and is classified as residential in consideration
of the highest and best use of the land; or
(3) Is a condominium property regime that has a net taxable real
property value of$2,000,000 or more, does not have a home
exemption, and is classified as residential in consideration of the
highest and best use of the land.
The respective tax rate to be applied to any property within the
residential class shall be applied only to the portion used
exclusively as residential,provided the highest and best use of the
land is residential."
SECTION 3. Statutory material to be repealed is bracketed and stricken.
New statutory material is underscored.
SECTION 4. Severability. If any provision of this article or the application thereof to
any person or circumstance, is held invalid, such invalidity shall not affect other provisions or
applications of the article which can be given effect without the invalid provision or application,
and to this end, the provisions of this article are declared to be severable.
SECTION 5. This ordinance shall take effect upon approval.
INTRODUCED BY:
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COUNCIL MEMBER, COUNTY OF HAWAII
COUNCIL MEMBER, COUNTY OF WAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 926 •
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