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BILL NO. 156
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 19,ARTICLE 7, SECTION 19-53, OF THE
HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED),RELATING TO
REAL PROPERTY TAX VALUATION; CONSIDERATIONS IN FIXING.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to expand the limitations on
property assessments to all tax classes, excluding residential. This will allow property owners to
plan and adjust accordingly in the event the real estate market spikes.
SECTION 2. Chapter 19, article 7, section 19-53, of the Hawaii County Code 1983
2016 Edition, as amended), is amended by amending subsections (g) and(h)to read as follows:
g) Limitation on [home,,,,nen assessment.] property assessments.
Homeowner assessment.
For properties in the homeowner class as of January 1, 2004, the assessed
value of the property shall not increase more than three percent per tax year
until the parcel is sold or any portion thereof sold by way of conveyance
which is subject to conveyance tax under terms of chapter 247, Hawaii
Revised Statutes, at which time the property will be assessed at market value.
In addition to the three percent limit of this subsection,any improvements
undertaken on the property within the tax year shall be assessed at market
value. All parcels entering this class after January 1, 2004,shall have the
assessed value as of January 1 of the following year and be subject to the
above provisions.
Affordable rental housing assessment.
For properties in the affordable rental housing; class as of January 1, 2008, the
assessed value of the property shall not increase more than three percent per
tax year until the parcel is sold or any portion thereof sold by way of
conveyance which is subject to conveyance tax under terms of chapter 247,
Hawaii Revised Statutes, at which time the property will be assessed at
market value. In addition to the three percent limit of this subsection, any
improvements undertaken on the property within the tax year shall be assessed
at market value. All parcels entering this class after January 1, 2008, shall
have the assessed value as of January I of the followingyear and be subject to
the above provisions.
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Apartment, hotel and resort, commercial, industrial, agricultural or native
forests and conservation assessments.
For properties in the apartment, hotel and resort, commercial, industrial,
agricultural or native forests, and conservation classes as of January 1, 2022,
the assessed value of the property shall not increase more than fifteen percent
per tax year until the parcel is sold or any portion thereof sold by w4y of
conveyance which is subject to conveyance tax under terms of chapter 247,
Hawaii Revised Statutes, at which time the property will be assessed at
market value. In addition to the fifteen percent limit of this subsection, any
improvements undertaken on the property within the tax year shall be assessed
at market value. All parcels entering this class after January 1, 2022, shall
have the assessed value as of January 1 of the following year and be subject to
the above provisions.
h) Eligibility for affordable rental housing class.
1) Real property occupied as affordable rental housing must be rented at a
rate not to exceed the affordable rental rate for the entire calendar year
claimed and must be legally permitted by all codes.
2) All rental units on affordable rental housing properties must be rented at
the affordable rental rates.
3) Affordable rental housing properties shall not be excluded by the
owner's principal residence also being on the property.
4) Fef pfopefties in the affefdable Fental housing class as of jamiary 1, 2008,
the assessed valtie of the pfepefty shall not inefease mefe than three pefe
Hawai'i Revised Statutes, at whieh time the pfepefty will be assessed at
mafketvaltte. Ift addition to the three pefeent limit of this subseefieii, afly
5 shall hffve the assessed vaitte as of jaffuafy 1 of the following yeaf and
be subj eet to the above
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, the invalidity does not affect other provisions or
applications ofthe ordinance that can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
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SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
S
CIL MEMBER, CO TY OF WAI`I
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 739
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