HomeMy WebLinkAboutRules and Regulations of the Director of Finance Real Property Tax DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE
RULE 31
RULES AND REGULATIONS RELATING TO COMMERCIAL AGRICULTURAL
USE DEDICATION UNDER CHAPTER 19, ARTICLE 8, SECTION 19-60,
HAWAII COUNTY CODE 1983 (2005 EDITION,AS AMENDED)
Rule 31.1 Purpose of Rules.
These rules and regulations are intended to implement the provisions of Chapter 19,
Article 8, Section 19-60,Hawaii County Code 1983 (2005 Edition, as amended),relating to the
commercial agricultural use dedication.
Rule 31.2 Definitions.
(a) As used in these rules and regulations:
(1) The term"agricultural use" shall mean lands used on a continuous and regular
basis for intensive agriculture, orchards, feed crops and fast rotation forestry or
pasture and slow rotation forestry on lands zoned by the County to be in the
districts of agricultural,residential and agricultural, family agricultural, intensive
agricultural, and agricultural project district. The term "agricultural use"does not
include or apply to areas used primarily as farm dwelling sites, such as, but not
limited to,yard space, set backs, or open landscape associated with residential use
planted with ornamental plants, fruit or ornamental trees and vegetables primarily
for home use or recreation.
(2) The term"commercial dedicated agricultural use value"shall mean the
agricultural use values established under the provisions of Section 19-53(a)(2),
Hawaii County Code 1983 (2005 Edition, as amended).
(3) The term"date of the petition" shall mean the effective date of dedication.
(4) The term "dedicated area" shall mean the land area approved as dedicated lands
by the Director.
(5) The term"farm dwelling site" shall mean that portion of the land not exceeding
one-fourth acre which is used for residential purposes, including the land upon
which any house is located,together with all accessory buildings and the land
designated to be the yard space.
(6) The term "owner"shall mean the fee owner or the lessee of real property with a
recorded lease that possesses an unexpired lease term of not less than five years
from the effective date of the dedication.
(7) The term"tax year" shall mean the period commencing from July 1 of a calendar
year and ending on June 30 of the following calendar year.
(8) A "violation"means the failure by the owner or any owner by succession who
signed a notarized affidavit to use the land for the general agricultural category,
that was listed on the petition and approved by the Director, for a period of six
consecutive months. It also means the overt act of changing between commercial
agricultural categories without prior notification and approval of such change by
the Director for any period of time during the life of the dedication or any failure
by the owner to observe any of the terms, conditions, or restrictions of the
dedication.
(b) Use of gender and number. Words importing the singular number shall extend to and
include the plural; words importing the plural shall extend to and include the singular;
words importing the masculine or the feminine gender shall extend to and include the
male or the female as the case may be.
Rule 31.3 Petitions to Dedicate; Requirements.
(a) The dedication of lands for commercial agricultural use shall be initiated by filing two
copies of the petition with the Director of Finance on or before September 1 for the
dedication to become effective in the following tax year.
(1) The petitions for dedication shall be submitted on a form prescribed by the
Director. Petitions shall be available at the offices of the Real Property Division
and County of Hawaii website.
(2) The Director may require evidence of commercial agricultural activities as
defined in Section 19-2,Hawaii County Code 1983 (2005 Edition, as amended).
This may be evidenced by,but is not limited to,the following indicia:
(A) Copy of the State of Hawaii General Excise Tax Return showing income
for the petitioned agricultural activity.
(B) Copy of Federal or State Income Tax Return with applicable farm
schedule.
(C) Other written verification acceptable to the Director.
(3) Lands petitioned for dedication shall be of the following minimum lot size:
(A) Intensive Agriculture: 0.25 acre.
(B) Orchard: 1.0 acre.
(C) Feed Crops or Fast Rotation Forestry: 5.0 acres.
(D) Pasture or Slow Rotation Forestry: 10.0 acres.
(E) Exceptions to these minimum lot sizes shall be with the approval of the
Director.
(b) Each petition for dedication shall be signed by all owners, shall state the general
agricultural category to which the land is to be dedicated, and shall be accompanied by
the following:
(1) A tax map or an appropriate facsimile thereof delineating the area to be dedicated.
The farm dwelling shall be delineated in the petition and shall not be included in
the dedicated area.
(c) Separate petitions shall be filed for each parcel or portion thereof to be dedicated.
(1) Where a County-zoning boundary divided a contiguous parcel of land so that a
portion thereof is situated in any County-zoned district other than agricultural,
residential and agricultural, family agricultural, intensive agricultural, or
agricultural project district, each such portion shall be treated as a separate
petition. Where the owner dedicates the contiguous parcel, a separate petition
shall be filed for that portion situated in the agricultural,residential and
agricultural,family agricultural,intensive agricultural, or agricultural project
district and a separate petition shall be filed for that portion situated in any other
County-zoned districts meeting with the approval of the Director of Planning.
(d) Petitions to be for ten-year dedication.
(1) Where the land to be dedicated is within an agricultural,residential and
agricultural,family agricultural,intensive agricultural or agricultural project
district,the petitioner shall indicate on the petition that the dedication shall be for
a ten-year period or, in the case of an acceptable recorded lease, the remaining
term of the lease.
(2) The provision for twenty-year agricultural dedications has been repealed. Until
its dedication term expires, an existing twenty-year dedication may continue to be
assessed at fifty percent of its agricultural use value and shall be subject to the
conditions and provisions of the effective commercial agricultural use dedication.
(e) Petitions shall be submitted for changes in dedicated use.
(1) Where the owner desires to change the dedicated use,the owner shall petition the
Director for such a change in use.
(2) Upon receipt of any such petition,the Director shall review the petition and
require the findings to be made in the same manner as they are required for the
initial petition for dedication.
(f) Each petition and document filed shall be reviewed within a reasonable period, and any
errors or deficiencies shall be corrected by the petitioner. No petition for dedication shall
be deemed to have been filed unless the petition is complete in form and any and all
errors or deficiencies have been corrected.
(1) The Director shall assign an appropriate number to each petition.
Rule 31.4 Findings of Facts.
(a) The Director shall,by November 15 of each year, make the following findings with
respect to petitions filed by September 1 of said year:
(1) Whether the petitioned land is actually put to the general agricultural category,
and is reasonably suited for such use.
(2) The productivity ratings of the land for those uses to which it is best suited.
(3) The adequacy or sufficiency of the size or area of the unit for the petitioned use
and the present use of the surrounding lands.
(4) Whether the petitioned use is permissible under the County zoning district or
ordinance.
(5) Whether the use is in conflict with the general plan of the County and the overall
development plan of the State.
Rule 31.5 Approval or Disapproval of the Petition.
(a) For lands in any County-zoned district including agricultural,residential and agricultural,
family agricultural, intensive agricultural, or agricultural project district,the Director
shall approve the petition if the findings of facts, including the economic feasibility of the
petitioned use, are all favorable to the owner.
(b) The Director shall disapprove the petition if any of the findings are not favorable to the
owner or if he determines good cause exists for such disapproval.
(c) Notice of the approval or disapproval of the petition shall be sent to the petitioner. If the
petition is disapproved,the notice shall state the reasons for such disapproval.
(d) The Director shall notify the petitioner of approval or disapproval of the petition no later
than December 15. Upon approval,the dedication shall become effective July 1 of the
following tax year,but the assessed value will be determined on the assessment date of
January 1. The petition number and the effective date of the dedication are to be noted on
appropriate records accessible to the public.
(e) In order to place prospective buyers on notice of the dedicated status and the retroactive
tax liability,the petitioner shall,within ninety days of the notice of approval of the
petition,record the notice of dedication in accordance with the procedures established by
the Bureau of Conveyances. The petitioner shall furnish the Director with a copy of the
recorded notice. Failure to record the notice,within the prescribed period, shall be
grounds for disallowance of the dedication.
Rule 31.6 Effects of Dedication and Enforceable Restriction Upon Use.
(a) Each approved dedication shall constitute a forfeiture on the part of the owner of any
right to change the use of the land for the term of the dedication. Each dedication shall
be deemed breached and cancelled or continued as follows:
(1) The dedication shall bind and inure to each successor owner unless properly
cancelled by the owner or released by the Director. The dedication is cancelled if
the dedicated property or any portion thereof is sold by way of a conveyance
subject to conveyance tax under the terms of Chapter 247, Hawaii Revised
Statutes,unless a notarized affidavit is signed by the owner stating that the land
will continue to be subject to the full requirements of the dedication, including
any penalties for violation.
(2) Where dedicated land has been subdivided, each parcel shall be independently
subject to the provisions of the original dedication. The owner shall notify the
Director of any subdivision of his land and shall submit a copy of the approved
subdivision map or the registered file plan number if applicable.
(A) The Director shall note the dedication upon appropriate records of each
subdivided parcel and record the subdivided dedication.
(B) The owner shall inform each purchaser of a subdivided parcel of the
dedicated status of the land. (Dedicated lands may be freely sold or
conveyed in the same manner as any land.)
(C) Each owner of a subdivided parcel may, independently of any other
owner,petition for a change in dedicated use or to give the notice of
cancellation.
(D) Any action taken by the owner of a subdivided parcel shall not have any
effect on the owners of the other parcels resulting from the subdivision.
(3) Although the date of assessment is January l,the effective date of the dedication
shall be July 1. The Director will assess, at the applicable agricultural use value,
only those areas actually in agricultural use as of the assessment date. Anticipated
or planned agricultural uses will not be accepted nor assessed as dedicated
agricultural uses unless these uses are included in a farm plan approved by the
Director.
(b) If any owner desires to change from a specific general agricultural category to another
general agricultural category,the owner shall submit a change of use petition identifying
the new general agricultural category. An owner who changes the use without prior
notification and approval of the change use petition by the Director is in violation of the
dedication.
(1) Each request for a change in dedicated use shall be made by petition and shall be
subject to the required findings of facts and approval in the same manner as the
initial petition for dedication.
(2) Upon approval of a petition to change the use,the land shall be assessed at its
value in such approved use.
(3) The petition to change the use shall be submitted within six months of the date
that the land was last used for the dedicated agricultural purpose. Any change of
use petitions that are received after the sixth month shall be deemed in violation
of the original terms, conditions and restrictions of the use of land, and the
dedication shall be cancelled and retroactive assessments shall be imposed.
(c) The Director shall be responsible for periodic inspection of dedicated lands and shall note
all violations for appropriate action pursuant to Rule 31.8.
(d) An owner shall be allowed up to twenty-four months from the effective date of the
petition to convert to the new commercial agricultural category. If the owner fails to
make the conversion within the specified time limit, retroactive taxes and penalties will
be imposed.
(1) The petition to change use shall specify in detail the owner's plan to convert from
an existing commercial agricultural activity to the new commercial agricultural
activity.
(2) The process of conversion shall begin at the time that the Director approves the
petition to change use.
(3) Failure to initiate the approved change in use or conversion plan shall cancel the
dedication and special tax assessment retroactive to the date of the original
dedication and the deferred or rollback tax schedule provided in Section 19-60,
Hawaii County Code 1983 (2005 Edition, as amended). Failure to initiate the
approved change in use or conversion plan means failure for a period of six
consecutive months to show any visible signs of converting to the new
commercial agricultural activity. Tf the land should remain vacant, idle, or fallow
for six consecutive months from the date of approval to change use,the owner is
deemed to be in violation of the dedication.
(4) The petitioner shall submit annual progress reports explaining their efforts in
converting from one commercial agricultural activity to another commercial
agricultural activity. The progress report shall be submitted to the Director on or
before the anniversary date of the approved petition to change use.
Rule 31.7 Special Tax Assessment of Dedicated Lands.
(a) The determination of the value of dedicated lands shall be based upon considerations
prescribed in Chapter 19, Article 7, Section 19-53(a)(2), and Article 8, Section 19-60(c),
Hawaii County Code 1983 (2005 Edition, as amended).
(b) Dedicated lands shall also be assessed at their highest and best use as though not
dedicated for purposes of determining and computing retroactive taxes in the event of any
violations or cancellations.
(c) All portions of land, excluding the farm dwelling site, that is not dedicated for
commercial agricultural use, shall be assessed based on the proportional market value of
the total property.
(d) The farm dwelling site,if any, shall not exceed one-fourth acre and shall be assessed at
the highest commercial agricultural use value. The farm dwelling area for the parcel
shall be determined when the owner applies for dedication. The assigned appraiser for
that zone shall be responsible for verifying the accuracy of the farm dwelling site area
listed in the application and make corrections, if necessary.
(e) The Director shall report the total market value of land, along with the assessed value of
land for tax assessment purposes.
Rule 3 1.8 Retroactive Assessment, Violation, and Penalty.
(a) Whenever a violation of the dedication occurs,the owner shall first be notified of such
violation. The notice of such violation may be mailed to the last known address on file
with the Director. Each owner shall be afforded an opportunity to discuss the violation
with the Director and he may be allowed a conference prior to final cancellation of the
dedication. In the absence of any justifiable excuse,the Director shall cancel the
dedication and subject the lands to retroactive assessments and penalties.
(1) The retroactive assessment and penalty provisions of Chapter 19, Article 8,
Section 19-60(g), Hawaii County Code 1983 (2005 Edition, as amended), shall
be imposed by the Director for any violation of the dedication.
(2) If a violation occurs with respect to only a portion of the dedicated lands, such as
when a portion of the land is subsequently applied to a use other than its dedicated
use or such portion is not put to its commercial agricultural use, the Director shall
cancel only that portion that is involved in the violation and subject that portion to
retroactive assessment and penalties.
(3) In situations where the owner has satisfied the original terms and conditions of the
dedication and has renewed the dedication, the Director shall,in cases of
violation, calculate the deferred or rollback taxes from the date of violation back
to the latest renewal date and apply the deferred or rollback tax schedule provided
in Section 19-60(g)(3)(F),Hawaii County Code 1983 (2005 Edition, as
amended).
(b) The retroactive assessment shall be the difference in the amount of taxes between what
could have been paid when assessed at the highest and best use and the amount paid
based upon its assessment for dedicated uses for each year the land has been dedicated
retroactive to the date of the dedication or the latest renewal date. The sum of the
retroactive years,however, shall not exceed the deferred or rollback tax schedule
provided in Section 19-60,Hawaii County Code 1983 (2005 Edition, as amended). In
the case of lands that may be subject to both the deferred or rollback tax under the
conversion provision of Section 19-57 and violation of the dedication provision under
Section 19-60,the sum of the deferred or rollback and the retroactive periods shall not
exceed the deferred or rollback tax schedule provided in Section 19-60(g)(3)(F). The
retroactive assessment shall be subject to a penalty of ten percent per annum.
(c) All unpaid taxes, including retroactive assessments and penalties shall constitute
paramount liens upon the property as provided in Chapter 19,Hawaii County Code 1983
(2005 Edition, as amended).
(d) A change in any County-zoned district other than agricultural,residential and
agricultural, family agricultural, intensive agricultural, or agricultural project district
upon a petition by the owner shall not be deemed to constitute an overt act of changing
the use of the dedicated land,provided, that the land shall continue to be subject to the
terms and conditions of the dedication.
Rule 31.9 Cancellation(Withdrawal)Without Penalty.
(a) Where lands have been rezoned in any County-zoned district other than agricultural,
residential and agricultural, family agricultural, intensive agricultural, or agricultural
project district by the County Council not as a result of a petition initiated by the owner,
such owner may cancel the dedication within sixty days after the reclassification and
shall not be subject to the retroactive assessment and penalty provisions of Chapter 19,
Article 8, Section 19-60, Hawaii County Code 1983 (2005 Edition, as amended).
(1) The owner shall, if he desires to cancel the dedication,notify the Director of such
cancellation by written notice to the Director. The notice of cancellation shall be
accompanied by a copy of the notice of zoning change from the County Council.
(2) All cancellations shall become effective July 1 of the following tax year.
(b) Upon expiration of the minimum period of dedication, the dedication will be cancelled
unless the owner submits a renewal petition on or before September 1 of the last year of
dedication. At least one hundred eighty days prior to any cancellation or termination,the
Department of Finance shall notify the owner by mail of such cancellation or termination.
(1) The Department of Finance shall notify the owner by mail of the expiration of the
dedication period by June 30 preceding the last year of dedication.
(2) The dedication will be extended another year if the Department of Finance fails to
mail the notice of expiration by the June 30 deadline.
Rule 3 1.10 Appeals.
The owner may appeal any disapproved petition or cancellation of dedication as in the
case of an appeal from an assessment. Appeals shall be governed by the appropriate sections of
Chapter 19 of the Hawaii County Code 1983 (2005 Edition, as amended), and may be taken
directly to the Tax Appeal Court without appealing to the Board of Review.
Rule 31.11 Severabilitv.
Tf any provision of these rules or the applicability thereof should be held invalid for any
reason, such invalidity shall not affect other provisions or applications which can be given effect
without the invalid provisions or applications and to this end these rules are declared to be
severable.
Rule 31.12 Effective Date.
These rules and regulations shall take effect ten days after filing with the County Clerk.
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE
RULE 32
RULES AND REGULATIONS RELATING TO DEDICATION OF LANDS IN URBAN
DISTRICTS FOR LANDSCAPING, OPEN SPACES,PUBLIC RECREATION AND
OTHER SIMILAR USES UNDER CHAPTER 19,HAWAII COUNTY CODE
Rule 32.1 Purpose of Rules.
These rules and regulations are intended to clarify and implement the provisions of
Chapter 19, Hawaii County Code,which exempts from real property taxation, such portions of
land in urban districts which are dedicated for landscaping, open spaces,public recreation or
other similar uses and are approved by the Director for such use or uses.
Rule 32.2 Definitions.
(a) As used in these rules and regulations:
(1) The term"Director" shall mean the County Director of Finance or his designee.
(2) The term"historic district"or"historical site"means the area defined and
delineated to be a historic district or historical site by the Department of Land and
Natural Resources.
(3) The term"landscaping"means lands,which are open to the public for their visual
enjoyment and,which are improved by cultivated plantings or gardening; flower
gardens,rock, gravel or sand arrangements; and by other elements of landscape
architecture such as paved terraces, arbors, colonnades or arcades, ornamental
fountains, sculptures,benches, etc.
(4) The term"open spaces"means undeveloped or predominantly undeveloped lands
open to the public for pedestrian use and momentary repose,relaxation and
contemplation such as trails, streambeds,ponds,benches, groves,ravines, and
other areas of topographic,vegetative or historic-archaeological interest;
rights-of-way for ingress or egress to beaches and mountain areas, scenic lookouts
or other sites characterized by natural scenic beauty whose existing openness,
natural condition, if retained,would maintain or enhance the conservation of
natural scenic resources or would enhance the present or potential value of the
surrounding area.
(5) The term"owner"means anyone who owns the land in fee or who is a lessee of
real property whose lease term extends at least ten years from the date of the
dedication; provided,however,that the "owner"must also be the actual user of
the land to be dedicated.
(6) The term"public recreation"means lands which may be developed for use by the
public as parks,play lots,playgrounds,historical sites,picnic or camp grounds,
boating or fishing facilities,wild life refuges, fish and game reserves, scenic sites
or any other similar non-commercial recreational use.
(7) The term"urban district"means lands designated urban by the State Land Use
Commission.
(8) The term"yard area"means the open grounds in front of and around a dwelling
which provide utility to the inhabitants therein.
(b) Use of gender and number. Words importing the singular number may extend and be
applied to several persons or things;words importing the plural may include the singular;
and words importing the masculine gender may be applied to females.
Rule 32.3 Minimum Land Area Acceptable for Dedication.
The land to be dedicated, excepting land designated as historic district or site, shall
contain the minimum area set forth herein and shall exclude areas used for vehicular movements
and parking.
(a) Land to be dedicated for"landscaping"use shall have a minimum area of not less than
five hundred square feet exclusive of all easements except underground and overhead
utility easements. A residential parcel dedicated for landscaping shall have a minimum
area of not less than two thousand square feet, exclusive of the above-mentioned
easements;provided that the minimum area of the parcel is not used as yard area, is
contiguous to the residential parcel, and shall not be applied to meet the minimum zoning
requirement area of the parcel.
(b) Land to be dedicated for"open space"use shall have a minimum area of not less than
five hundred square feet with a minimum width of not less than ten feet and shall be
exclusive of any easements except underground and overhead utility easements. A
residential parcel dedicated for open space use shall have a minimum area, exclusive of
the aforesaid easements, of not less than five thousand square feet;provided,that the
minimum area is not used as yard area.
(c) Land to be dedicated for"public recreation"use shall have a minimum area of not less
than five acres exclusive of all easements except underground and overhead utility
easements. Land to be dedicated for playground and beach parks shall have a minimum
area of not less than two and one-half acres. For high population density areas without
adequate recreational facilities,the land dedicated for public recreation shall have a
minimum area of not less than five thousand square feet and if the land is a residential
parcel,the land must not be in use as yard area.
Rule 32.4 Filing of Petition.
(a) Any owner of taxable real property in the urban district desiring to dedicate a portion or
portions thereof for landscaping, open space,public recreation and other similar uses
shall file the petition by September 1 of any year for dedication desired for the following
tax year. Petition forms required to be prepared and filed by the owner shall be obtained
from the Director of Finance.
(b) Each owner shall complete the form prescribed by the Director and file the same with the
Director. The following additional information shall be submitted:
(1) The exact area, shown on a map of the land to be dedicated.
(2) The cost of construction improvements.
(3) The annual maintenance cost of the land to be dedicated and improvements
thereon.
(4) That such land is not within the setback and open space requirements of
applicable zoning and building code laws and ordinances, including allowances
for bonus floor area, except for land within a historic district or historical site,
these requirements herein shall not apply.
(5) That such land shall be used, improved and maintained in accordance with and for
the sole purpose for which it was dedicated.
(6) Any other information as the Director may require as being pertinent to the
dedication.
Rule 32.5 Findings and Review of Petitions.
(a) The Director shall make a finding based on the consideration of the relevant facts as to
whether the use to which such land will be dedicated has a benefit to the public at least
equal to the value of the current real property taxes payable for such land. Such findings
shall be measured by:
(1) The cost of constructing the improvements.
(2) The cost of continuing maintenance thereof.
(3) The aesthetic value thereof.
(4) Other factors such as the imposition of stricter zoning requirements relating to the
proper development of the neighborhood and the welfare of the general public as
the Director may deem pertinent.
(b) If the Director finds that the public benefit is at least equal to the value of current real
property taxes for such land,he shall approve the petition and so notify the owner by
December 15. If the Director finds that the public benefit is not at least equal to the value
of current real property taxes for such land, he shall disapprove the petition and so notify
the owner and shall state the reasons therefor by December 15.
(c) If the petition is approved, the exemption based upon the use requested in the dedication
shall become effective July 1 of the tax year following the approval for dedication. The
assessed values exempted, determined on assessment date January 1, shall be annually
posted and recorded appropriately by the Director for reference in case of retroactive
assessments. Notwithstanding any provision to the contrary,the dedicated land parcel
shall be subject to the minimum tax provisions of Chapter 19,Hawaii County Code.
Rule 32.6 Posting of Sign.
Upon approval of the petition,the owner shall place and maintain on the dedicated
premises a conspicuous sign or signs,to be approved by the Director,which shall note thereon
the area, date and nature of dedication, and which shall be so conspicuously posted as to give the
public notice of the dedication.
Rule 32.7 Enforceable Restrictions on Land Dedicated.
The approval of the petition by the Director shall constitute a forfeiture on the part of the
owner of any right to change the use of his land for a minimum period of ten years, automatically
renewable indefinitely, subject to cancellation by either the owner or the Director upon five
years' written advance notice at any time after the end of the fifth year. The owner shall notify
the Director in writing whenever any changes in improvement,use, or transfer of the dedicated
property are under consideration.
Rule 32.8 Revocation of Dedication and Retroactive Assessment.
In the event that the owner fails to observe the restriction on the use, improvement and
maintenance of his land by failing for a period of over twelve consecutive months to use,
improve and maintain the land in the manner requested in the petition or any overt act changing
the use for any period or the transfer of the land, the Director shall cancel the special tax
exemption privilege retroactive to the date of the dedication, and all differences in the amount of
taxes that were paid and those that would have been due from the assessment of the tax
exempted portion of his land shall be payable together with interest of five percent per annum for
the respective dates that the payments would have been due. Whenever necessary,pertinent
provisions of Chapter 19,Hawaii County Code,relating of real property tax, shall be applied
when the retroactive assessment is imposed.
Rule 32.9 Appeal.
The owner may appeal any disapproved petition or if aggrieved by the retroactive
assessment as in the case of real property tax appeal. Appeals shall be governed by the
appropriate sections of Chapter 19,Hawaii County Code, and may be taken to the Board of
Review or be taken directly to the Tax Appeal Court without appealing to the Board of Review.
Rule 32.10 Severability.
If any provision of these rules or the applicability thereof should be held invalid for any
reason, such invalidity shall not affect other provisions or applications which can be given effect
without the invalid provisions or applications and to this end these rules are declared to be
severable.
Rule 32.11 Effective Date.
These rules and regulations shall take effect ten days after filing with the County Clerk.
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE
RULE 33
RULES AND REGULATIONS RELATING TO DEDICATION OF RESIDENTIAL
PROPERTIES TO NONSPECULATTVE RESIDENTIAL USE UNDER
ARTICLE 7, CHAPTER 19, SECTION 19-58.1, HAWAII COUNTY
CODE 1983 (2005 EDITION,AS AMENDED)
Rule 3').1 Purpose of Rules.
These rules and regulations are intended to implement the provisions of Article 7,
Chapter 19, Section 19-58.1, Hawaii County Code 1983 (2005 Edition, as amended),relating to
the dedication of residential property for nonspeculative residential use.
Rule 3').2 Definitions.
(a) As used in these rules and regulations:
(1) The term"owner"shall mean the fee owner or the lessee of real property with an
unexpired lease term of not less than ten years from the effective date of the
petition.
(2) The term"Director" shall mean the County Director of Finance or the designated
representative.
(3) The term"home exemption"shall mean the claim for home exemption filed by
the property owner pursuant to Article 10, Chapter 19, Sections 19-71 and 19-72,
Hawaii County Code 1983 (2005 Edition, as amended).
(4) The term"fair market value" shall mean the highest monetary price which a
property, if offered for sale for a reasonable period of time in a competitive
market,would bring to a seller who is willing,but not compelled to sell, from a
buyer who is willing,but not compelled to buy,both parties being fully informed
of all the purposes to which the property is best adapted and the ways it is capable
of being used.
(5) The term"fulfillment" or"fulfills"the requirements of the dedication shall mean
the owner or lessee shall have complied with all of the terms and conditions of the
dedication for the minimum period of the dedication.
(6) The term"nonspeculative residential use"shall mean real property which is
owned or leased, occupied, and used exclusively as a principal home.
(7) The term"commercial activities" shall mean use of the property to generate
income,monetary gain or economic benefit in the form of money or money's
worth. Commercial activities shall include any income-producing activities, short
or long-term rental of the property, ohana dwellings if not qualifying for the home
exemption as of the effective date of the dedication, or the use of residential
structures as home-office,bed and breakfast operations, or other
income-generating purposes.
(8) The term"tax year" shall mean the period commencing from July 1 of a calendar
year and ending on June 30 of the following calendar year.
(9) The term "violation" shall mean failure by the owner to observe the terms and
conditions of the dedication for a period of ten consecutive years following
approval of the petition to dedicate the property to nonspeculative residential use.
Rule 3').') Petitions to Dedicate,Deadline, and Place to File.
(a) The dedication of real property to nonspeculative residential use shall be initiated by
filing two copies of the petition with the Director of Finance on or before September 1 of
each calendar year to become effective on July 1 of the next calendar year.
(1) The 1991 deadline for filing petitions to dedicate property to nonspeculative
residential use is extended from September 1, 1991 to November 1, 1991. The
extension is only applicable to the 1991 calendar year. After 1991, the petition
must be filed on or before September 1 of the calendar year to become effective
on July 1 of the next calendar year.
(2) The petitions for dedication shall be submitted on a form prescribed by the
Director. Petitions shall be available at the East and West Hawaii Real Property
Tax Offices.
(b) Separate petitions shall be filed for each parcel to be dedicated to nonspeculative
residential use dedication.
(c) Petitions to be for ten-year periods.
(1) Each petition to dedicate shall be for a ten-year period. The owner or lessee shall
reapply for renewal of the dedication by filing a new application with the Director
on or before September 1 of the tenth year. Failure to submit the application for
renewal will result in cancellation of the dedication,however,retroactive taxes
will not be imposed.
(2) Each petition shall be reviewed within a reasonable period, and any errors or
deficiencies shall be corrected by the petitioner. No petition for dedication shall
be deemed to have been filed unless the petition is complete in form and any
errors or deficiencies have been corrected.
(3) All persons having or claiming an interest or title in the dedicated property are
required to sign the petition.
(4) The Director shall assign an appropriate number to each petition.
Rule 33.4 Special Requirements for Dedication.
(a) The special requirements set forth below are established in order to administer the
provisions of this section.
(1) The owner of the dedicated property shall use the property exclusively for
residential use. If the property, or any portion thereof, is used for commercial
activities,the property is not eligible for dedication to nonspeculative residential
use. Those owners who have dedicated their property to a ranching or other
agricultural use or receive the benefit of the agricultural use assessment shall not
be eligible to dedicate the property to nonspeculative residential use.
(2) The owner shall use the property as a principal home and maintain the home
exemption for ten consecutive years from the effective date of the dedication.
(3) In situations where an owner or lessee owns or leases adjoining properties or
parcels, each identified by a separate tax map key, only one property or parcel
may be dedicated to the nonspeculative residential use.
(4) A husband and wife, although living separate and apart, shall be entitled to
dedicate only one parcel to the nonspeculative residential use.
(5) In situations where the property is owned by more than one person,the property is
eligible for dedication to nonspeculative residential use provided all of the owners
agree to the terms and conditions of the dedication and at least one of the owners
qualifies for the home exemption and uses the property as a principal home.
Rule 33.5 Findings of Facts.
(a) The Director shall, by December 15 of each year,make the following findings with
respect to petitions filed by September 1 of each year.
(1) Whether the property is used exclusively for residential use by the owner. In
making such determination, the Director shall consider the actual use of the
property,rather than the land use districting, zoning, or permitted use as
established by the Land Use Commission or the Planning Commission.
(2) Whether the property qualities for the home exemption as defined in Article 7,
Chapter 19, Section 19-71,Hawaii County Code 1983 (2005 Edition, as
amended).
(3) The Director shall cause an inspection to be made of the dedicated property to
determine the fair market value, i.e. dedicated value, of the property for purposes
of the nonspeculative residential use dedication. Failure to allow inspection, by
the owner, shall be grounds for disallowance of the dedication.
Rule 33.6 Approval or Disapproval of the Petition.
(a) The Director shall approve the petition if the requirements of Section 33.4 are met and
the findings of facts are favorable to the owner.
(b) The Director shall disapprove the petition if the findings of facts are not favorable to the
owner or if the Director determines that good cause exists for disapproval.
(c) Notice of the approval or disapproval of the petition shall be sent to the petitioner. If the
petition is disapproved,the notice shall state the reasons for disapproval.
(d) The Director shall notify the petitioner of approval or disapproval of the petition by
December 31. Upon approval,the dedication shall become effective July 1 of the
following tax year;however,the fair market value, i.e. dedicated value, shall be
determined as of the January 1 assessment date. The petition number and the effective
date of the dedication shall be noted on appropriate records accessible to the public.
(e) In order to place prospective buyers and other persons on notice of the dedicated status
and the retroactive tax liability, the petitioner shall,within sixty days of the notice of
approval of the petition,record the notice of dedication in accordance with the procedures
established by the Bureau of Conveyances. The petitioner shall furnish the Director with
a copy of the recorded notice. Failure to record the notice,within the prescribed period,
shall be grounds for disallowance of the dedication.
Rule 33.7 Effects of Dedication and Enforceable Restrictions Upon Use.
(a) Each approved dedication shall constitute forfeiture on the part of the owner of any right
to change the use of the property in any manner that would cause it to become ineligible
for the home exemption.
(b) Each approved dedication shall constitute a forfeiture on the party of the owner to change
the use of the property from exclusively residential use to any other use.
(c) Any violation of the terms and conditions of the dedication will result in cancellation of
the dedication and imposition of retroactive taxes. A breach of the dedication shall occur
in the following instances:
(1) Failure by the owner to maintain the home exemption status of the property.
(2) Violation of the exclusive residential use provision,including dedicating the
property to a ranching or other agricultural use or receiving the benefit of the
agricultural use assessment.
(3) Upon subdivision of the dedicated property into condominium units or separate
parcels or lots.
(4) Upon sale of the dedicated property or any portion thereof by way of a
conveyance which is subject to the conveyance tax which is imposed under the
terms of Chapter 247, Hawaii Revised Statutes.
(5) Failure by the owner to obtain required building permits for the construction of
new or additional improvements or renovations of the dedicated property.
Rule 33.8 Special Tax Assessment of Dedicated Propert y.
(a) The following procedures are established for determining the fair market value, i.e.,
dedicated value, and subsequent assessed values for properties that are dedicated to
nonspeculative residential use.
(1) Upon receipt of the petition,the Director shall cause an inspection to be made of
the dedicated property and a determination of the fair market value, i.e., dedicated
value, for purposes of the nonspeculative residential use dedication.
(2) The fair market value, i.e., dedicated value, shall be established as of the
January 1 assessment date following the December 31 approval date of the
petition to dedicate to nonspeculative residential use.
(3) The fair market value, i.e., dedicated value, shall be frozen for the ten-year
dedication period, except for adjustments due to added improvements or
renovations which are made to the dedicated property and adjustments due to a
change in the methodology used by the Director for establishing the fair market
value for the dedicated property.
(4) The Director shall utilize the market data approach or the sales comparison
method in determining the fair market value, i.e., dedicated value, for purposes of
the nonspeculative residential use dedication. The Director shall establish the fair
market value, i.e., dedicated value,based upon a comparison of sales prices of
similarly improved properties.
(A) If the Director is unable to determine the fair market value, i.e., dedicated
value,based upon the market data approach,the value established by the
cost approach shall serve as the dedicated value until the fair market value
is developed utilizing the market data approach. Upon completion of the
market data approach calculation, that value shall serve as the new
dedicated value for the remaining term of the dedication.
(5) The dedicated value will serve as the assessment for the dedicated property
provided that this value does not exceed the fair market value of the property for
any corresponding assessment period. In the event that the dedicated value is
greater than the fair market value, for any corresponding assessment period, the
lower of the two values shall be used as the basis for the nonspeculative
residential use assessment.
(6) In situations where improvements are added or renovations made to the dedicated
property,the fair market value of the improvements or renovations shall be
determined and added to the previous dedicated value. The sum of the amounts
shall serve as the new dedicated value for purposes of the dedication. The
recalculated value shall be frozen for the remaining term of the dedication.
(7) Upon the expiration of any ten-year dedication period,whether original or
renewal,the assessed valuation of the property shall be based upon fair-market
value.
(8) In the case of a renewal which immediately follows an expiring term,the
assessment base for the new dedication period shall be the dedicated value on the
expiration date plus fifty percent of the difference between the dedicated value
and the fair market value as of the January 1 assessment date, following the
termination of the dedicated term.
(9) The Director shall record the frozen dedicated value and the fair market value on
appropriate records accessible to the public.
Rule 33.9 Retroactive Assessment, Violation.
(a) Whenever a violation of the dedication occurs,the owner shall first be notified of such
violation. The notice of such violation shall be mailed to the last known address on file
with the Director. Each owner shall be afforded an opportunity to discuss the violation
with the Director and will be allowed a conference prior to final cancellation of the
dedication. In the absence of any justifiable excuse,the Director shall cancel the
dedication and subject the property to retroactive assessment.
(b) If the dedicated property is placed in a general class with preferential tax rates, due in
part to the claim for home exemption and use of the property as a principal home, and the
owner violates the term and conditions of the dedication by failing to maintain the home
exemption,the Director shall use the applicable tax rate corresponding to the general
class of the property without the home exemption for purposes of calculating the
retroactive assessment.
(c) The retroactive assessment shall be calculated as the cumulative difference between the
dedicated value and the fair market value of the property retroactive to the date of the
current ten-year dedication period. If the dedicated property is sold,the retroactive
assessment for that year shall be calculated as the difference between the dedicated value
and the higher of either the actual selling price or the fair market value of the property.
(d) An example of the retroactive assessment calculation is provided below:
DEDICATED FAIR MARKET RETROACTIVE
YEAR VALUE VALUE CALCULATION
1 $150,000 $150,000 $100,000 - 150,000= 0
2 150,000 200,000 200,000 - 150,000= 50,000
3 150,000 225,000 225,000 - 150,000= 75,000
4 150,000 *250,000 250,000 - 150,000= 100,000
* Sale price of property; violation due to sale of property.
(e) In cases where the actual selling price of the property is used as the basis for determining
the retroactive assessment, the apportionment of value between land and building shall be
determined based upon the respective percent of each component when compared to the
total assessed value in the tax year in which the violation occurred. The corresponding
tax rate shall be used for determining the total tax liability.
(f) In addition to the retroactive taxes due, a ten percent interest charge shall be imposed on
the total amount of retroactive taxes owed.
(g) All unpaid taxes, including retroactive assessments and interest charges, shall constitute a
paramount lien upon the property.
Rule 33.10 Cancellation Without Retroactive Assessment.
(a) The owner may withdraw from the dedication at any time prior to the Director's approval
of the petition to dedicate. Written notice of the withdrawal shall be submitted on or
before December 31.
(b) The owner may cancel the dedication at the end of any ten-year period. If the owner or
lessee fails to submit a new application to renew the dedication, the dedication shall be
cancelled and the property shall be assessed at fair market value on the next assessment
date.
(c) Certain transfers of property will not violate the terms and conditions of the dedication.
The dedication shall not be breached if the property is:
(1) Transferred to the owner's heirs by testacy or intestacy.
(2) Jointly owned by spouses and upon the death of one spouse ownership is
transferred to a surviving spouse.
(3) Transferred to a spouse or former spouse in connection with a property settlement
agreement or decree of dissolution of a marriage or legal separation.
(4) Transferred to a trustee for the beneficial use of a spouse, or the surviving spouse
of a deceased transferor, or by a trustee of such a trust to the spouse of the trustor.
(5) Subject to a title change between spouses and said change does not result in a loss
of the home exemption status.
(A) The terms and conditions of the dedication will not be violated in a
situation where a single or unmarried person marries and adds the name of
a spouse to the title of the property. However,the married persons are not
allowed to cancel the dedication until the original or renewal period has
expired. Any cancellation,by the married persons, of the original or
renewed dedication,will subject the property to retroactive assessment.
(6) Within sixty days after receiving title to the property,the heirs, surviving spouse,
divorced spouse, or trustee petitions the Director to continue the dedication and
the owner continues or would continue to qualify for the home exemption.
(7) The dedication shall not be cancelled if the lessee purchases the leased fee interest
from the lessor,however,the lessee is not allowed to cancel the dedication until
the original or renewal period has expired. Premature cancellation will result in
retroactive assessment.
(8) Retroactive taxes shall not be assessed when:
(A) A person receives title to property dedicated to nonspeculative residential
use by way of testacy or intestacy and does not petition the Director to
continue the dedication.
(B) The dedicated property is jointly owned by spouses and upon death of one
spouse, ownership is transferred to the surviving spouse, and the surviving
spouse does not petition the Director to continue the dedication.
(C) The property is wholly or partially destroyed or damaged as a result of
fire, seismic or tidal wave,volcanic eruption, earthquake, flood waters and
wind or rain storm. The owner may cancel the dedication,without
retroactive assessment,by submitting written notice of the cancellation
within sixty days of the damage or destruction.
Rule 33.11 Appeals.
The owner may appeal any disapproved petition as in the case of an appeal from an
assessment.
Rule 33.12 Severability.
If any provision of these rules or the applicability thereof should be held invalid for any
reason, such invalidity shall not affect other provisions or applications which can be given effect
without the invalid provisions or applications and to this end these rules are declared to be
severable.
Rule 33.13 Effective Date.
These rules and regulations shall take effect ten days after filing with the County Clerk
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE
RULE 34
RULES AND REGULATIONS RELATING TO THE NONDEDTCATED AGRICULTURAL
USE ASSESSMENT UNDER CHAPTER 19, ARTICLE 7, SECTION 19-57,
HAWAII COUNTY CODE 1983 (2005 EDITION,AS AMENDED)
Rule 34.1 Purpose of Rules.
(a) These rules and regulations are intended to implement the provisions of Chapter 19,
Article 7, Section 19-57, Hawaii County Code 1983 (2005 Edition, as amended),relating
to nondedicated agricultural use assessment of land classified and used for agriculture.
(b) The purpose of Section 19-57 (to be consistent with Act 175, Session Laws of
Hawaii 1973) is to encourage the owners of land, which are situated within the
agricultural district and suitable for agriculture,to put that land to agricultural uses on a
continuous and regular basis, and to discourage the conversion of such lands or the
reduction or subdivision of agricultural land parcels to less than reasonable economic
size. Such lands classified and used for agriculture shall be assessed at their use in
agriculture without regard to market value or neighboring land values.
Rule 34.2 Definitions.
(a) As used in these rules and regulations:
(1) The term"agricultural use" shall mean lands used on a continuous and regular
basis for intensive agriculture, orchards, feed crops and fast rotation forestry or
pasture and slow rotation forestry on lands owned by the County to be in the
districts of agricultural,residential and agricultural, family agricultural, intensive
agricultural, and agricultural project district. The term"agricultural use"does not
include nor apply to areas used primarily as farm dwelling sites, such as, but not
limited to,yard space, setbacks, or open landscape associated with residential use
planted with fruit and ornamental trees, flowers, and vegetables primarily for
home use or recreation.
(2) The term"conversion" shall mean(i)the change of zoning to any County-zoned
district other than agricultural,residential and agricultural, family agricultural,
intensive agricultural, or agricultural project district as a result of a petition by the
owner or lessee; (ii) the government approved subdivision of agricultural land
into parcels of less than five acres; or(iii) a condominium property regime is
declared for the property having condominium units with an area equivalent to
less than five acres in size.
(3) The term"farm dwelling site" shall mean that portion of the land not exceeding
one-fourth acre which is used for residential purposes, including the land upon
which the house is located,together with all accessory buildings and the land
designated to be the yard space.
(4) The term "tax year" shall mean the period commencing from July 1 of a calendar
year and ending on June 30 of the following calendar year.
(b) Use of gender and number. Words importing the singular number shall extend to and
include the plural; words importing the plural shall extend to and include the singular;
and words importing the masculine or the feminine gender shall extend to and include the
male and the female as the case may be.
Rule 34.3 Land Subject to the Deferred or Rollback Tax.
Agricultural lands shall be subject to the deferred or rollback tax when:
(a) The land is zoned by the County to be in the districts of agricultural,residential and
agricultural,family agricultural,intensive agricultural, and agricultural project district.
(b) The land is committed to a specific nondedicated agriculture use.
(c) The land has been assessed by the Director according to its value in nondedicated
agricultural use.
(d) The land has not been dedicated under the provisions of Chapter 19,Article 8,
Section 19-60, Hawaii County Code 1983 (2005 Edition, as amended).
Rule 34.4 Assessment of Lands Subject to the Deferred or Rollback Tax.
(a) Where lands have been annually applied for, approved and used for nondedicated
agricultural purposes,the Director shall:
(1) Classify the land in its nondedicated agricultural use, and determine the assessed
value of the land in its nondedicated agricultural use.
(2) Classify the land according to its highest and best use and determine the assessed
value of the land according to such highest and best use.
(3) Record the assessed value of the land(i) in its highest and best use and(ii) in its
nondedicated agricultural use for at least the current and past two years.
(4) Tax the land according to its nondedicated agricultural use assessment.
(b) All portions of land, excluding the farm dwelling site that are not committed or used for a
specific agricultural use shall be assessed based on the proportional market value of the
total property.
The farm dwelling site for the parcel, if any, shall not exceed one-fourth acre, shall be
reported on the"Non-Dedicated Agricultural Use Application,"and shall be assessed at
the highest commercial agricultural use value. The assigned appraiser for the zone shall
be responsible for verifying the accuracy of this area and make corrections, if necessary.
(c) The Director shall report the total market value of land, along with the assessed value of
land, for tax assessment purposes.
Rule 34.5 Valuation Considerations.
(a) The agricultural use value of lands classified and used for nondedicated agriculture use
shall be assessed at two times the commercial dedicated agricultural use value as
established by the Director, as prescribed in Chapter 19, Article 8, Section 19-60(c),
Hawaii County Code 1983 (2005 Edition, as amended).
(b) The farm dwelling site shall be assessed at the highest commercial agriculture use value
as prescribed in Chapter 19,Article 8, Section 19-60(c), Hawaii County Code 198')
(2005 Edition, as amended),provided that the maximum farm dwelling site shall not
exceed one-fourth acre.
Rule 34.6 Reserved.
Rule 34.7 Liens.
All taxes and penalties due and owing as deferred taxes shall attach to the land as a
paramount lien pursuant to Chapter 19,Article 5, Section 19-37,Hawaii County Code 1983
(2005 Edition, as amended).
Rule 34.8 Appeals.
The owner shall have thirty days from the mailing of the notice of deferred tax
assessment, and within the time prescribed following a subdivision to appeal the assessment of
the deferred tax. Appeals shall be governed by the appropriate sections of Chapter 19,Hawaii
County Code 1983 (2005 Edition, as amended), and may be taken to the Board of Review or be
taken directly to the Tax Appeal Court without appealing to the Board of Review.
Rule 34.9 Severability.
If any provision of these rules or the applicability thereof should be held invalid for any
reason, such invalidity shall not affect other provisions or applications which can be given effect
without the invalid provisions or applications and to this end these rules are declared to be
severable.
Rule 34.10 Effective Date.
These rules and regulations shall take effect ten days after filing with the County Clerk.
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE
RULE 3 5
RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE
RELATING TO EXEMPTION FROM INCREASED VALUATION
DUE TO CERTAIN IMPROVEMENTS TO BUILDING UNDER
CHAPTER 19, HAWAII COUNTY CODE
Rule 35.1 Purpose of Rules.
These rules and regulations are intended to clarify and implement Chapter 19, Hawaii
County Code,which provides that the assessed valuation of certain buildings shall not be
increased if the increase is due to improvements on buildings undertaken or made by the
owner-occupant pursuant to the requirements of any urban redevelopment, rehabilitation or
conservation project under the provisions of Part Il of Chapter 53, Hawaii Revised Statutes, the
property tax moratorium being for a period of seven years as prescribed in Rule 35.6 of these
regulations.
Rule 35.2 Definitions.
As used in these rules and regulations:
(a) The term"director" shall mean the County Director of Finance or his designee.
(b) "Improvements"shall include additions, alterations,modifications or other new
construction, improvement or repair work to buildings pursuant to the requirements of a
rehabilitation project.
(c) "Maintenance" shall mean the process of preserving a property and keeping it
operational. It includes cleaning,painting and other endeavors to upkeep a property.
(d) "Owner-occupant" shall mean the person who owns and physically occupies the building,
including lessees of residential property who qualify as owners under Chapter 19,
Hawaii County Code.
(e) "Rehabilitation projects" shall mean an officially urban redevelopment,rehabilitation, or
conservation project under the provisions of Part II of Chapter 53, Hawaii Revised
Statutes.
(f) "Repair"shall mean to replace,to restore, or to fix termite or rot damaged, worn out or
dilapidated parts or fixtures of a building.
Rule 35.3 Eligibility Requirements.
(a) The assessable valuation of the building shall not be increased if the increase in value
results from improvements made to the building pursuant to the requirements of any
rehabilitation project.
(1) All types of buildings,including single family residences, duplexes, apartment
buildings and commercial buildings are eligible,provided that the building is
occupied by the owner-occupant.
(A) If there is more than one building on the property, only the building
occupied by the owner-occupant is eligible.
(B) If the owner-occupant physically occupied part of the building,the entire
building qualifies.
(2) Additions, alterations,modifications or other construction improvements or
repairs have been undertaken or made to the building by the owner-occupant
pursuant to the requirements of any rehabilitation project.
(b) The property shall be eligible upon compliance with the following conditions:
(1) The owner-occupant has properly and timely filed the claim for tax moratorium
with the Director of Finance.
(2) The building improvements have been certified as provided by Chapter 19,
Hawaii County Code.
(3) The claim has been reviewed and approved by the Department of Finance.
Rule 35.4 Filing of Claim.
(a) The owner-occupant shall complete in quadruplicate the claim on a form prescribed by
the Director and timely file the same, depending on the location and project of the subject
property to the urban renewal or rehabilitation project agency or any designated
governmental agency of the County of Hawaii.
(b) The claim shall be filed on or before December 31 for the succeeding tax year.
Rule 35.5 Determination and Certification.
(a) The proper authority of the County shall determine that the building is in an officially
designated rehabilitation project, and the improvements to the building were completed
and satisfactorily comply with the rehabilitation,redevelopment or conservation act
provisions.
(b) The claim shall be certified by the Mayor or any governmental official designated by him
and approved by the County Council.
(c) The certifying authority or agency shall send three copies of the claim to the Director of
Finance by January 15,retaining one copy for the agency files. The Director shall review
and acknowledge receipt of the claim,return one copy o the certifying agency, and retain
the original copy for his file.
(1) The director shall send one copy of the claim, showing either the certification or
non-certification,to the owner-occupant.
Rule 35.6 Extent of the Tax Moratorium.
If the claim is certified by the proper authorities and the property is found eligible by the
Director for the exemption from the increased valuation,there shall be no increase in the
assessable building valuation. The period for the exemption from the increase shall be seven tax
years, effective July 1, of the succeeding tax year, following the filing date of application. If the
owner-occupant of a property that has been granted the tax moratorium either vacates or fails to
physically occupy the building or transfers the property, the tax moratorium shall be cancelled at
the end of that tax year during which such acts have occurred.
Rule 35.7 Appeal.
If the owner is aggrieved by the disapproval of the exemption claim or assessment, the
owner may appeal through the Director as in the case of real property tax appeal. Appeals shall
be governed by the appropriate section of Chapter 19,Hawaii County Code, and may be taken
to the board of review or be taken directly to the Tax Appeal Court without appealing to the
Board of Review.
Rule 35.8 Severabilitv.
If any provision of these rules or the applicability thereof should be held invalid for any
reason, such invalidity shall not affect other provisions or applications which can be given effect
without the invalid provisions or applications and to this end these rules are declared to be
severable.
Rule 35.9 Effective Date.
These rules and regulations shall take effect ten days after filing with the County Clerk.
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE
RULE 3 6
RULES AND REGULATIONS RELATING TO EXEMPTION OF HISTORIC
RESIDENTIAL REAL PROPERTY DEDICATED FOR PRESERVATION UNDER
ARTICLE 10, CHAPTER 19, SECTION 19-89.1, HAWAII COUNTY
CODE 1983 (2005 EDITION,AS AMENDED)
Rule 36.1 Purpose of Rules.
These rules and regulations are intended to implement the exemption provisions of
Sectionl9-89.1,Hawaii County Code 1983 (2005 Edition, as amended),relating to the
dedication of historic residential properties.
Rule 36.2 Definitions.
(a) As used in these rules and regulations:
(1) The term"Director"means the Director of Finance, County of Hawaii, or his
designee.
(2) The term "historic residential property"means that portion or portions of real
property registered or placed on the Hawaii Register of Historic Places after
January 1, 1977, and certified by the Department of Land and Natural Resources,
pursuant to Chapter 6E,Hawai`i Revised Statutes, on which an improved
residential property and its accessories exist and which improved residential
property contributes to the historic significance of the real property as certified by
the State Historic Preservation Office. Such historic residential property need not
be situated wholly within one tax map key or other type of real property
designation.
(3) The term"improved residential property"means buildings or structures which are
or have been used as a residence. The term"accessories"means buildings or
structures, such as a garage or guesthouse,used primarily in connection with the
improved residential property and for residential purposes.
(4) The term"owner"means the owner of the improved residential land as defined in
Section 19-48, Hawaii County Code 1983 (2005 Edition, as amended).
(5) The term"reasonable visual access"means the ability to view the exterior portion
of the improved residential real property from a point within thirty feet of the
improved residential real property.
(b) Use of Gender and Number. Words importing the singular number shall extend to
include the plural; words importing the plural shall extend to and include the singular;
words importing the masculine or feminine gender shall extend to and include the male or
the female, as the case may be.
Rule 36.3 Filing of Petition.
(a) Any owner of registered historic residential property desiring to dedicate such a property
or a portion or portions thereof and to receive an exemption from property taxation shall
file a petition for dedication with the Director by September 1 of any year. The petition
for dedication shall be submitted on a form prescribed by the Director.
(b) Each owner shall include the following information as a part of the petition for
dedication:
(1) A map of the historic site drawn to scale which shows the boundaries of the
portion or portions of the real property which is claimed for exemption, and the
location of the improved residential property and any accessories thereto.
(2) If accessories are included in the petition, owner shall state the actual uses being
made or have been made of such accessories.
(3) Any agreement entered into with the Historic Preservation Office,Department of
Land and Natural Resources, State of Hawaii (hereinafter referred to as "Historic
Preservation Office")relative to any legal obligations relating to the renovation,
rehabilitation or other requirements to the property to be dedicated.
(4) A certification by the owner that,upon approval of the dedication petition, the
property shall be visually accessible to the public, or that the public shall be
allowed visual visitations at least twelve days a year if the property is not visually
accessible by a public way.
(5) A certification by the owner that the current level of taxation is a material factor
which threatens the continued existence of the historic status.
(6) A certification from the State Historic Preservation Office that the property is
listed on the Hawaii Register of Historic Places and that the residence
contributed to the historic significance of the real property.
Rule 36.4 Findings and Review of Petitions.
(a) The Director shall make the following findings of fact with respect to the petition filed:
(1) Whether the property or a portion thereof is designated and placed on the Hawaii
Register of Historic Places. The Director shall first verify such status with the
Historic Preservation Office.
(2) Whether the State Historic Preservation Office has certified that the improved
residential property contributes to the historic significance of the real property.
(3) Whether there are any accessories to the improved residential property.
(4) Whether the improved residential property and its accessories, if any, comprise
the total area petitioned for dedication or only a portion thereof.
(5) Whether the owner has certified that the current level of taxation is a material
factor which threatens the continued existence of the historic residential property.
(6) Whether the total area or only a portion thereof is used for residential purposes.
(7) Whether the owner has certified that the property shall be visually accessible to
the public, or that the public shall be allowed visual visitations at least twelve
days a year where the property is not visually accessible by a public way.
(b) The findings shall be deemed favorable, if the Director finds that:
(1) The property is certified by the State Historic Preservation Office to be on the
Hawaii Registrar of Historic Places and that the improved residential property
contributes to the historic significance of the real property.
(2) The owner has certified that the current level of taxation is a material factor which
threatens the continued existence of the property as a historic residential property.
(3) The owner has certified that the property shall be visually accessible to the public,
or that the public shall be allowed visual visitations to the property at least twelve
days a year where the property is not visually accessible by a public way.
(4) The area, or portion of the area, to be dedicated thereof is or has been used for
residential purposes and is not now and will not be used for commercial or
business purposes.
(c) If the findings are favorable to the owner,the petition shall be approved and the Director
shall determine the area or portion of the property that shall be exempt from taxation.
The Director shall disapprove the petition if any of the findings are not favorable to the
owner. The approval or disapproval shall be made on or before December 15 and a
notice thereof shall be sent to the owner.
(1) Tf the petition is disapproved,the notice shall state the reasons for the disapproval.
(2) If the petition is approved,the exemption based upon the dedication shall be
effective July 1 of the tax year following the approval of the dedication. The
Director shall annually post and record the assessed value of the property
determined as of the January 1 assessment date in the event the retroactive
assessment is imposed. Notwithstanding any provisions to the contrary,the
dedicated exempt property shall be subject to the minimum tax provisions of
Section 19-90(g), Hawaii County Code 1983 (2005 Edition, as amended).
Rule 36.5 Posting o, f Sign.
The owner shall place and maintain on the dedicated premises a conspicuous sign or
plaque which shall be subject to review and concurrence of the Historic Preservation Office and
the Director prior to its placement on the dedicated property.
Rule 36.6 Enforceable Restrictions of Property Dedicated.
(a) The approval of the petition by the Director shall thereafter constitute forfeiture on the
part of the owner of any right to change the dedicated status of the property for a
minimum period of ten tax years, automatically renewable indefinitely. Cancellation of
the dedication by either the owner or the Director may only be made upon five years'
written advance notice and no earlier than the end of the fifth tax year of the dedication.
(b) Any person who becomes an owner of the dedicated real property shall be subject to the
restrictions and retroactive tax assessment provisions.
Rule 36.7 Revocation of Dedication and Retroactive Assessment.
(a) Tn the event the owner fails to observe the requirements of the dedication or commits any
act nullifying the historic status or the residential use of the property,then the Director
shall cancel the tax exemption and impose the retroactive tax assessment retroactive to
the date of the dedication.
(b) The retroactive tax assessment shall be the difference in the amount of taxes that were
paid and those that would have been due but for the exemption for each tax year
retroactive to the date of dedication,together with interest at twelve percent per annum
from the respective date that each such payment would have been due.
(c) All unpaid taxes, including retroactive tax assessments, shall constitute paramount liens
upon the property as provided in Chapter 19,Hawaii County Code 1983 (2005 Edition.
as amended).
Rule 36.8 Cancellation Without Retroactive Assessment.
(a) Where the owner submits the written notice of cancellation within the prescribed time as
provided in Rule 36.6, the dedication shall be cancelled and the retroactive assessment
shall not apply.
(b) In the event that the subject property is destroyed by any natural disaster or by fire, and
upon the verification by the Historic Preservation Officer that the restoration or
reconstruction of the property is not feasible, the dedication shall be cancelled and the
retroactive assessment shall not apply.
Rule 36.9 Appeals.
The owner may appeal any disapproved petition or cancellation of dedication as in the
case of an appeal from an assessment. Appeals shall be governed by the appropriate sections of
Chapter 19, Hawaii County Code 1983 (2005 Edition, as amended), and may be taken directly
to the Tax Appeal Court without appealing to the Board of Review.
Rule 36.10 The Director's Authority.
In the enforcement and administration of these rules and regulations,nothing herein is
intended to limit the Director's authority to apply any of the provisions of Chapter 19,Hawaii
County Code 1983 (2005 Edition, as amended),relating to real property taxation, and any and all
other laws applicable thereto.
Rule 36.11 Severabilitv.
If any provision of these rules or the applicability thereof should be held invalid for any
reason, such invalidity shall not affect other provisions or applications which can be given effect
without the invalid provisions or applications and to this end these rules are declared to be
severable.
Rule 36.12 Effective Date.
These rules and regulations shall take effect ten days after filing with the County Clerk.
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE
RULE 3 7
RULES AND REGULATIONS RELATING TO REAL PROPERTY TAX EXEMPTION
FOR LOW AND MODERATE INCOME HOUSING DEVELOPED, OWNED, AND
OPERATED BY NONPROFIT OR LIMITED DISTRIBUTION MORTGAGOR OR
CERTAIN OWNERS UNDER CHAPTER 19, HAWAII COUNTY CODE
Rule 37.1 Purpose of Rules.
These rules and regulations are intended to clarify and implement the provisions of
Chapter 19, Hawaii County Code,which exempt low and moderate-income rental housing
projects developed, owned, and operated by a nonprofit or limited distribution mortgagor or by a
qualified entity from taxation.
Rule 37.2 Definitions.
(a) As used in these rules and regulations:
(1) The term"builder-seller-mortgagor"shall have the meaning set out in
Sections 221.510 and 236.10 of Title 24, Code of Federal Regulations, as
amended.
(2) The term"Director" shall mean the County Director of Finance or his designee.
(3) The term"FHA" shall mean the Federal Housing Administration.
(4) The term"housing project"or"low and moderate-income housing"shall mean a
project designed for use as rental housing to be occupied by low or
moderate-income families or by elderly or handicapped families as defined in
Sections 202, 221(d)(3)or 236 of the National Housing Act and the regulations
thereunder or other applicable Federal or State laws.
(5) The term "HUD" shall mean the Department of Housing and Urban Development.
(6) The term"nonprofit or limited distribution mortgagor"shall mean a mortgagor
who qualifies for and obtains mortgage insurance under Sections 202,221(d)(3)
or 236 of the National Housing Act as a nonprofit or limited distribution
mortgagor as defined in Sections 221.510, 236.10, and 277;1 of Title 24, Code of
Federal Regulations, as amended.
(7) The term "qualified entity" shall mean a person, corporation or association
regulated by Federal or State laws or by a political subdivision of the State or
agency thereof as to rents, charges,profits, dividends, development costs and
methods of operation which is not a nonprofit or limited distribution mortgagor.
(8) The term"regulatory agreement"shall mean an agreement between a nonprofit or
limited distribution mortgagor(FHA or HUD regulatory agreement)or qualified
entity and the Federal or State government or political subdivision or agency
thereof, embodying provisions regulating by Federal or State laws or by a
political subdivision of the State or agency thereof,the rents, charges, profits,
dividends, development costs and methods of operation of the nonprofit or limited
distribution mortgagor or qualified entity.
(9) The term"regulate"or"regulated"shall mean to fly, establish or control; to adjust
by rule,method or established mode; to direct by rule or restriction. It shall also
mean to prescribe terms, conditions, standards,procedures, criteria,rules or
regulations; to require review and approval by a political subdivision or agency of
the State or Federal government of such provisions relating to rents, charges,
profits, dividends, development costs and methods of operation.
(b) Use of gender and number. Words importing the singular number may extend and be
applied to several persons or things,words importing the plural may include the singular;
and words importing the masculine gender may also include the feminine.
Rule 37.3 Rental Housing Eligible for Exemption.
Real Property used for low or moderate-income rental housing shall be exempt from
property taxes if it satisfies the following requirements of(a)or(b):
(a) The housing project is owned and operated by a nonprofit or limited distribution
mortgagor.
(b) The housing project is owned and operated by a qualified entity such as a person,
corporation or association which is regulated by Federal or State laws or by a political
subdivision of the State with respect to rents, charges,profits, dividends, development
costs and methods of operation. The following area situations where the project shall be
deemed to be regulated.
(1) Rentals shall be approved by any Federal, State or County laws or any agency of
the Federal or State government or of any County government.
(2) Occupancy of the project is limited to the elderly,handicapped, low or
moderate-income families where the occupancy and income criteria are
prescribed or approved by Federal or State laws,by any County or by any agency
of the Federal, State or County governments.
(3) Where the prior approval of Federal, State or County governments, or any agency
thereof, is required for the payment of compensation or distribution of income or
assets to any officers, directors or stockholders of the mortgagor corporation.
(4) Where the amount of annual distributions to limited distribution mortgagors is
limited by Federal or State laws or by the County governments or by any Federal,
State or County agency.
(5) Where the source of distribution to surplus cash is limited by Federal or State
laws or by the County governments, or by any Federal, State or County agency.
(6) Where payment for services, supplies or materials is limited by any Federal, State
or County government or by any agency thereof to such amounts ordinarily paid
for such services, supplies or materials furnished.
(c) A housing project owned and operated by a"builder-seller-mortgagor" shall not be
eligible for exemption. However, a housing project subsequently acquired and operated
by a nonprofit or limited distribution mortgagor or qualified entity,respectively meeting
the eligibility requirements as provided in this section shall be exempt from property
taxes.
Rule 37.4 Filing and Reviewing the Claim for Exemption.
(a) Each person, corporation, association or entity eligible for the exemption shall complete
the form, as prescribed by the Director, and file the same with the Director of Finance,
together with a copy of the regulatory agreement, if any, and all other relevant documents
or evidence that the entity is being regulated with respect to its rents, charges,profits,
dividends, development costs and methods of operation.
(b) Date of filing. The initial claim for exemption and regulatory agreement,if any, shall be
filed with the Director within sixty days from the effective date of qualification.
Annually thereafter,the claim for exemption shall be filed or refiled on or before
December 31,preceding the tax year for which the exemption is claimed.
(c) Effective date of qualification. The effective date of qualification for nonprofit or limited
distribution mortgagors shall be the date the qualifying mortgage is properly recorded or
filed with the Registrar of the Bureau of Conveyances or the Assistant Registrar of the
Land Court of the State,whichever is applicable. For all other entities,the effective date
of qualification for the exemption shall be the date the executed regulatory agreement is
filed for recording with the Registrar of the Bureau of Conveyances or the Assistant
Registrar of the Land Court of the State,whichever is applicable. In the event the
regulatory agreement is not recorded, the effective date shall be the date the Director
certifies that, for purposes of the exemption,the entity is regulated with respect to rents,
charges,profits, dividends, development costs and methods of operation as the same is
provided in these regulations. The claimant shall be required to authenticate the
recordation or filing date of the mortgage or the regulatory agreement.
(d) Review and allowance of exemption. The claim for exemption, the regulatory
agreement, and all other documents and evidence submitted in support of the exemption
shall be reviewed by the Director. If all eligibility requirements are met as provided in
this section,the exemption shall be allowed.
Rule 37.5 Extent of Exemption.
(a) The exemption, except as subject to the minimum tax provisions of Chapter 19,Hawaii
County Code, and other related sections, shall extend and apply to the real property
which comprise the housing project.
(b) The exemption shall continue so long as the rental housing project is owned and operated
by a nonprofit or limited distribution mortgagor or, in all other cases, the project
continues to be regulated by the FHA,HUD or by Federal or State laws or by a political
subdivision of the State or agency thereof as to rents, charges,profits, dividends,
development costs and methods of operation. Failure to meet the requirements herein set
forth and the transfer of the property shall cancel the exemption.
(c) It shall be the responsibility of the nonprofit or limited distribution mortgagor or other
qualified entity to report within thirty days any change in ownership or operation of the
project which affects the allowance of the exemption.
(d) Whenever the housing project is converted to dwelling units under the Horizontal
Property Regime of Chapter 514, Hawaii Revised Statutes,the exemption shall be
cancelled for the housing project. The exemption may be extended to those dwelling
units that continue to meet the eligibility requirements of Rule 37.3 and upon the timely
filing of claims for those units by the nonprofit or limited distribution mortgagor or
qualified entity.
Rule 37.6 Disallowance of Other Exemptions.
Exemptions herein claimed shall disqualify the same property from receiving an
exemption under Section 53-38,Hawaii Revised Statutes.
Rule 37.7 Refund of Property Tax Paid.
Where real property taxes have been paid by the owners of a housing project which has
qualified for the exemption for the period following the effective date of the exemption
qualification, all such taxes paid,upon written application, shall be refunded to the nonprofit or
limited distribution mortgagor or other qualified entity in the manner provided in Chapter 19,
Hawaii County Code.
Rule 37.8 Appeal.
Any property owner aggrieved by the disallowance of a claim for real property
exemption may appeal through the Director as in the case of real property tax appeals. Appeals
shall be governed by the appropriate sections of Chapter 19, Hawaii County Code, and may be
taken to the Board of Review or be taken directly to the Tax Appeal Court without appealing to
the Board of Review.
Rule 37.9 The Director's Authority.
In the enforcement and administration of these rules and regulations,nothing herein is
intended to limit the Director's power to apply any of the provisions of Chapter 19, Hawaii
County Code,relating to real property tax, and any and all other laws applicable thereto.
Rule 37.10 Severability.
If any provision of these rules or the applicability thereof should be held invalid for any
reason, such invalidity shall not affect other provisions or applications which can be given effect
without the invalid provisions or applications and to this end these rules are declared to be
severable.
Rule 37.11 Effective Date.
These rules and regulations shall take effect ten days after filing with the County Clerk.
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE
RULE 3 8
RULES AND REGULATIONS RELATING TO CLASSIFICATION
OF LAND AS WASTELAND DEVELOPMENT PROPERTY
UNDER CHAPTER 19,HAWAII COUNTY CODE
Rule 38.1 Purpose of Rules.
These rules and regulations are intended to clarify and implement the provisions of
Chapter 19, Hawaii County Code,relating to the development of land classified as wasteland
development property.
Rule 38.2 Definitions.
(a) As used in these rules and regulations:
(1) The term"Director" shall mean the County Director of Finance or his designee.
(2) The term"owner"shall include the person or persons owning the fee or any
person leasing the real property of another under a lease having a stated term of
not less than thirty years.
(3) The term"wasteland"means land which is incapable of producing materials or
services of value in its present existing state or natural state because it is incapable
of economic use in the immediate foreseeable future. It includes lands in which
suitability of use is undetermined or cannot be clearly established, such as barren
lava flows,barren deserts,barren lands, eroded bedrock,pali lands and mountain
peaks. it also includes natural waterways, streams, streambeds,rivers, gulches,
natural ponds,natural lakes and swamplands. It shall not include areas set aside
as preserves or reserves of our natural resources such as forest,watershed, flood
plains, game, scientific and any other areas set aside as conservation reserves.
Wasteland shall not include any land which is more suitable for higher use or can
be classified to any higher use.
(b) Use of gender and number. Words importing the singular number may extend and be
applied to several persons or things;words importing the plural may include the singular;
and words importing the masculine gender may be applied to the feminine.
Rule 38.3 Eligibility.
(a) Any taxable land shall be eligible for classification as wasteland development property if:
(1) It is not less than twenty-five acres in area.
(2) It is"wasteland"as defined herein.
(3) It has,if under lease, an unexpired term of not less than thirty years.
(b) An owner of classified wasteland development property may further apply for similar
classification of additional wastelands owned by him of not less than twenty-five acres or
larger.
Rule 38.4 Filing of Application.
(a) The owner of any taxable land may apply to the Director of Finance for classification of
his land as wasteland development property and shall on a form prescribed by the
Director state the following information:
(1) A description of the property showing the physical conditions.
(2) The specific area of land to be developed on a tax map or appropriate facsimile.
(3) The use to which the land is intended.
(4) The manner in which the land will be developed.
(5) That all persons having any interest in or holding any encumbrance upon the
subject property have joined in making the application and that all of them will
comply with the laws and regulations relating to the use,building requirements
and development of the real property.
(6) Any other information as the Director may require as being pertinent to the
application.
(b) Application forms,required to be prepared and filed by the owner, shall be obtained from
and filed on or before September 1 of the year preceding the tax year for which
classification is to commence.
Rule 38.5 Review and Process of Application.
(a) The director shall render findings of fact as to:
(1) The eligibility of such land as wasteland development property prescribed in
Rule 38.3 of these rules and regulations.
(2) Whether it is suitable for the intended use and can be developed in the manner
specified by the owner.
(3) Whether such development will add to the development of the economy of the
State.
(4) Whether such development will broaden the tax base of the State.
(b) Such determination shall be based on consultation with any Federal, State and/or County
agency, and/or any other qualified and recognized horticulturists, agriculturists,planners,
and/or economists on matters pertaining to soils, climate, land use trends,watershed
values,present use of surrounding similar lands and other factors as may be appropriate.
(c) If the Director finds that the land is eligible for classification as wasteland development
property,that it is suitable for the intended use and can be developed in the manner
specified by the owner,that such development will add to the economy of the State, and
that it will broaden the tax base of the State, he shall classify the land as wasteland
development property and so notify the owner in writing within four months after the
filing deadline of the application or by December 15,whichever is earlier.
(d) If the Director finds it otherwise for any one of the above criteria,he shall disapprove the
application and so notify the owner in writing stating the reasons therefor within four
months after the filing deadline of the application or by December 15,whichever is
earlier. The owner may appeal any disapproved application as in the case of an appeal
from an assessment.
Rule 38.6 Wasteland Development and Maintenance.
(a) Within one year following the approval of the application,the owner shall develop and
maintain at least a portion of his land as specified in his application and as approved by
the Director,provided that such area shall not be less than five acres or one-fifth of the
land specified in the application,whichever is larger.
(b) Each year subsequent to the first year of development, the owner shall develop and
maintain at least an additional five acres or one-fifth of the subject land,whichever is
larger,until such time or within five years when all the land classified as wasteland
development property is developed.
(c) The owner shall notify the Director of any accelerated completion, or of any delay in the
development, and set forth reasons for the delay.
Rule 38.7 Special Tax Assessment.
(a) Any land classified as wasteland development property by the Director shall be, for a
period of five tax years, assessed for real property tax purposes at its value as wasteland.
However, for the record and in the event of retroactive assessment, the Director shall also
annually record and appropriately post the highest and best use assessed property values.
(1) The five-year period shall commence from July 1 of the tax year following the
approval of the application on the basis of the wasteland assessment value
determined on the assessment date January 1.
Rule 38.8 Declassification and Retroactive Assessment.
(a) The Director may declassify any land classified as wasteland development property thirty
days after notification to the owner of noncompliance of any law, ordinance, rule or
regulation applicable to said land. Upon declassification, the Director shall cancel the
special tax assessment retroactive to the date that the property qualified for special tax
assessment and the difference,between the real property taxes that would have become
due and payable but for such classification for all the tax years the land was classified as
wasteland development property and the real property taxes paid by the owner during
such period, shall become immediately due and payable together with a five percent per
annum penalty from the respective dates that such additional tax would otherwise have
been due.
(b) If the development is completed ahead of schedule, but only a portion is withdrawn and
put to a use other than that specified by the plan and said portion is found to be in
variance with the development, only said portion shall be subject to declassification and
retroactive assessment.
Rule 38.9 Appeal.
Any owner aggrieved by the disapproval of the wasteland classification or the
declassification and the imposition of the additional assessment for any year may appeal from
such disapproval or additional assessment in the manner provided in the case of real property tax
appeals. Appeals shall be governed by the appropriate sections of Chapter 19, Hawaii County
Code, and may be taken to the Board of Review or be taken directly to the Tax Appeal Court
without appealing to the Board of Review.
Rule 38.10 Severability.
If any provision of these rules or the applicability thereof should be held invalid for any
reason, such invalidity shall not affect other provisions or applications which can be given effect
without the invalid provisions or applications and to this end these rules are declared to be
severable.
Rule 38.11 Effective Date
These rules and regulations shall take effect ten days after filing with the County Clerk.