HomeMy WebLinkAboutOrdinance 05-030COUNTY OF HAWAII
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STATE OF HAWAII
BILL NO. 27
ORDINANCE NO. 05 30
AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 8, SECTION 19 -60, OF THE
HAWAII COUNTY CODE 1983 (1995 EDITION), RELATING TO COMMERCIAL
AGRICULTURAL USE DEDICATION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The purpose of this measure is to amend section 19 -60,
Commercial Agricultural Use Dedication, of the Hawai'i County Code 1983 (1995
edition), to allow for a one -time extension for filing of commercial agricultural use
dedication for the 2005 -2006 tax year to accommodate the end of the year passage of
Ordinance No. 04 -143. Ordinance No. 04 -143 was enacted on December 8, 2004,
which was after the September 1 deadline for filing of commercial agricultural use
dedication. This measure will allow those in the agricultural industry to take advantage
of the agricultural use dedication in the 2005 -2006 tax year.
SECTION 2. Chapter 19, article 8, section 19 -60, of the Hawai'i County Code
1983 (1995 edition), is amended by amending subsection (d) to read as follows:
(d) Commercial Agricultural Use Dedication Petition.
(1) If any owner desires to dedicate his or her land for a commercial
agricultural use and to have his or her land taxed as its assessed
value in this use, the owner shall so petition the director of finance
and declare in the petition that his or her land can best be used for
the purpose for which he or she requests permission and that if the
petition is approved the land will be used for this purpose. The
director may require evidence of commercial agricultural use in
such form and at such times as provided for in the administrative
rules and regulations of the department.
(2) The director shall prescribe the form of the petition.
(3) The petition shall be filed with the director of finance by September
1 of any calendar year and shall be approved or disapproved by
December 15. If approved, dedication shall be effective on July 1
of the following tax year.
(4) The petition for commercial agricultural use dedication must be
signed by all owners of the land being dedicated; and
(5) A recorded lessee of the land with a term of five or more years
remaining from the date of the petition and who is responsible for
payment of the real property tax shall also be deemed an owner of
the land within these provisions.
(6) Action by director on petition.
(A) Upon receipt of a petition as provided above, the director
shall make a finding of fact as to whether the land in the
petition area is reasonably well suited for the intended use.
The finding shall include and be based upon the productivity
ratings of the land in those uses for which it is best suited, a
study of the ownership, size of operating unit, the present
use of surrounding similar lands and other criteria as may be
appropriate.
(B) The director shall also make a finding of fact as to whether
the intended use is in conflict with the overall development
plan of the State and County; provided that for lands in a
zoned district other than County zoned district of agricultural,
residential and agricultural, family agricultural, intensive
agricultural or agricultural project district, the director shall
make further findings respecting the economic feasibility of
the intended use of the land.
(C) If all findings are favorable, the director shall approve the
petition and declare the land to be dedicated.
(D) In order to place prospective buyers on notice of the rollback
liability, the petitioner shall record the dedication in
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accordance with the procedures of the bureau of
conveyances within ninety days of notice of approval.
(7) Provisions for the tax year 2005 -2006 only.
u Petitions for Commercial Agricultural Use filed by
September 1, 2005 will be accepted by the director of
finance and shall tentatively receive the benefits of
commercial agricultural use for the 2005 -2006 tax year.
(B) Those petitions filed by September 1, 2005 will be subject to
final approval or disapproval by December 15, 2005 for tax
years beyond 2005 -2006.
SECTION 3. Material to be repealed is bracketed and stricken. New
material is underscored. In printing this ordinance, the brackets, bracketed
material and underscoring need not be included.
SECTION 4. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, such invalidity shall not affect
other provisions or applications of the ordinance which can be given effect
without the invalid provision or application, and to this end, the provisions of this
ordinance are declared to be severable.
SECTION 5. This ordinance shall take effect upon its approval retroactive
to September 1, 2004, and section 19- 60(d)(7) shall sunset on December 31,
2005.
J IN RODUCED BY
COUN IL MEMBER, COUNTY OF HAWAII
xilo Hawaii
Date of Introduction: February 2, 2005
Date of 1st Reading: February 2, 2005
Date of 2nd Reading: February 16, 2005
Effective Date: September 1, 2004
Ki-tZRLNCE: Comm: 84�
3
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS
OFFICE OF THE COUNTY CLERK
County ofHawai`i r
Hilo, Hawaii
Virginia Isbell
February 2,_ 2005
February 2, 2005
February 13, 2005
Second Reading: February 16, 2005
To Mayor: February 17, 2005
Returned: February 22, 2005
Effective: SP_-_�t e—r 1 , 2004
Published: February 27, 2005
REMARKS
�-. ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
X
Higa
X
Hoffmann
X
Holschuh
X
Ikeda
X
Isbell
X
Jacobson
X
Pilago
X
Safarik
X
9
0
0
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
X
Higa
X
Hoffinann
X
Holschuh
Ikeda
X
X
Isbell
X
Jacobson
X�
Pilago
X
Safarik
X
–i
i
9
0
0
e
I DO IIEREBYCERTIFYthat the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LE GA TY- —
// 1 COUNC L C A AN
" DEJTY CORPORATION COUNSEL ( �� 1
COUNTY OF HAWAII 1
{ -
COUNTY CLERK
Date
2,
VV Bill No.: _
ppi oi��.Disapproved this __ Ig drry C- 84 /FC– Waived
Reference:
o/ 20 oS Ord No.: 05 30
1.
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