HomeMy WebLinkAboutORD 2020-039 2018-2020 of
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COUNTY OF HAWAII STATE OF HAWAII
.•'f�1,FHAS' .
BILL NO. 169
(DRAFT 2)
ORDINANCE NO. 20
39
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 section 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 the council in
accordance with section 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 subsection (f)to read as follows:
"(f) Residential tax rate tiers.
(1)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:
(A) The tax rate established for the residential tier one
property shall be applied to the net taxable real property value
under$2,000,000.
(B) 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.
(2) 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:
(A) 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;
(B) 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
(C) 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.
(3) 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. New material is underscored. In printing this ordinance, the
underscoring need not be included.
SECTION 4. Severability. If any provision of this ordinance or the application pplication thereof
1 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 approval.
INTRODUCED BY:
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COUNCIL MEMBER, COUNTY OF HAWAII
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COUNCIL MEMBER, CO TY OF HAWAII
Hilo , Hawai`i
Date of Introduction: May 13, 2020
Date of 1st Reading: May 13, 2020
Date of 2nd Reading: May 20, 2020
Effective Date: May 21, 2020
REFERENCE Comm. 926.2
2
OFFICE OF THE COUNTY CLERK
•>1 r V County of Hawai`i
j 17, 1 >j Hilo, Hawai`i
2V MAY 2 t}.� 7 (Draft 2)
Introduced By: Maile Medeiros David ROLL CALL VOTE
Aaron S . Y. Chung AYES NOES ABS EX
Date Introduced: May 13, 2020 Chung X
First Reading: May 13, 2020 David X
Published: May 15, 2020 Eoff X
Kaneali`i-Kleinfelder X
REMARKS.. Kierkiewicz X
Lee Loy X
Poindexter X
Richards X
Villegas X
8 1 0 0
Second Reading: May 20, 2020
To Mayor: May 21 ; 2020
ROLL CALL VOTE
Returned: May 21, 2020
AYES NOES ABS EX
Effective: May 21, 2020
Published: June 5, 2020 Chung X
David X
REMARKS: Eoff X
Kaneali`i-Kleinfelder X
Kierkiewicz X
Lee Loy X
Poindexter X
Richards X
Villegas X
7 1 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
n COUNCIL CHAIRPERSON
A IA'sa roved this a�s�
Approve. Pp day
May of Iia , 20go e. - _y
169, Draft 2
Bill No.:
MAYOR, COUNTY OF HAWAII C-926 .2/waived FC
Reference:
Ord No.: 20 39