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Honolulu, HI Code of Ordinances
THE REVISED ORDINANCES OF HONOLULU
TITLE I: ADMINISTRATION
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: THE MAYOR AND EXECUTIVE AGENCIES - ADDITIONAL POWERS, DUTIES, AND FUNCTIONS
CHAPTER 3: ADDITIONAL BOARDS, COMMISSIONS, AND COMMITTEES
CHAPTER 4: ADDITIONAL POWERS AND DUTIES OF COUNCIL AND LEGISLATIVE AGENCIES
CHAPTER 5: SALARIES, EMPLOYMENT, AND BONDING REQUIREMENTS OF ELECTED OFFICIALS AND NON-CIVIL-SERVICE OFFICERS
TITLE II: TAXATION AND FINANCES
CHAPTER 6: FUNDS, FEES, AND LOAN PROGRAMS
CHAPTER 7: RESERVED
CHAPTER 8: REAL PROPERTY TAX
CHAPTER 8A: TAXATION OF TRANSIENT ACCOMMODATIONS
TITLE III: MISCELLANEOUS REGULATIONS
CHAPTER 9: BOTANICAL GARDENS
CHAPTER 10: PUBLIC PARKS AND RECREATION FACILITIES
CHAPTER 11: CHILD CARE
CHAPTER 12: ANIMALS AND FOWLS
CHAPTER 13: STREETS, SIDEWALKS, MALLS, AND OTHER PUBLIC PLACES
CHAPTER 14: PUBLIC WORKS INFRASTRUCTURE
TITLE IV: TRAFFIC AND VEHICLES
CHAPTER 15: TRAFFIC AND VEHICLES
CHAPTER 15A: REGULATIONS OF VEHICLES
CHAPTER 15B: PUBLIC TRANSIT
TITLE V: BUILDING AND CONSTRUCTION CODES
CHAPTER 16: BUILDING CODE
CHAPTER 16A: HOUSING CODE
CHAPTER 16B: BUILDING ENERGY CONSERVATION CODE
CHAPTER 16C: BUILDING MANAGEMENT
CHAPTER 17: ELECTRICAL CODE
CHAPTER 18: FEES AND PERMITS FOR BUILDING, ELECTRICAL, PLUMBING, AND SIDEWALK CODES
CHAPTER 18A: GRADING, SOIL EROSION, AND SEDIMENT CONTROL
CHAPTER 19: PLUMBING CODE
CHAPTER 20: FIRE CODE OF THE CITY AND COUNTY OF HONOLULU
TITLE VI: LAND USE
CHAPTER 21: LAND USE ORDINANCE
CHAPTER 21A: FLOOD HAZARD AREAS
CHAPTER 22: SUBDIVISION OF LAND
CHAPTER 23: STATE LAND USE CLASSIFICATION
CHAPTER 24: DEVELOPMENT PLANS
CHAPTER 25: SPECIAL MANAGEMENT AREAS
CHAPTER 26: SHORELINE SETBACKS
CHAPTER 27: COMMUNITY FACILITIES DISTRICTS
CHAPTER 28: SPECIAL IMPROVEMENT DISTRICTS
CHAPTER 29: AFFORDABLE HOUSING REQUIREMENTS
CHAPTER 30: WATER MANAGEMENT
CHAPTER 31: COMMUNITY ECONOMIC DEVELOPMENT
CHAPTER 32: AFFORDABLE RENTAL HOUSING
CHAPTER 33: DEVELOPMENT AGREEMENTS
CHAPTER 33A: IMPACT FEES FOR TRAFFIC AND ROADWAY IMPROVEMENTS IN EWA
TITLE VII: BUSINESS
CHAPTER 34: REGULATION OF BUSINESSES
CHAPTER 35: INCENTIVES FOR BUSINESS TO CREATE NEW JOBS
CHAPTER 36: COMMON CARRIERS
TITLE VIII: PROPERTY
CHAPTER 37: REAL PROPERTY TRANSACTIONS INVOLVING THE CITY AND COUNTY OF HONOLULU
CHAPTER 38: LEASE AND RENTAL OF CITY REAL PROPERTY, INCLUDING FEES
CHAPTER 39: MAXIMUM ANNUAL RENEGOTIATED LEASE RENT
CHAPTER 40: OFFENSES RELATING TO PROPERTY
TITLE IX: PUBLIC HEALTH, SAFETY, AND SANITATION
CHAPTER 41: PUBLIC HEALTH AND SAFETY
CHAPTER 42: COLLECTION AND DISPOSAL OF REFUSE
CHAPTER 43: SEWERS, DRAINAGE, AND CESSPOOLS
PARALLEL REFERENCES
TABLES
§ 8-10.18 Claim for exemption.
(a)   Notwithstanding any provision in this chapter to the contrary, any real property determined by the director to be exempt from property taxes under § 8-10.17 shall be exempt from property taxes effective as of the date the application is filed with the director; provided that the initial application for exemption shall be filed with the director within 60 days of the qualification or in the failure thereof by September 30 preceding the tax year for which the exemption is claimed. A copy of the regulatory agreement that has been recorded with the registrar of the bureau of conveyances or filed with the assistant registrar of the land court, whichever applies, shall be filed with the application along with any additional documents determined by the director to be necessary to supplement the application. As used herein, the date of the qualification shall be the earlier of:
(1)   The date when the mortgage made by the nonprofit or limited distribution mortgagor and insured under § 202, 221(d)(3), or 236 of the National Housing Act, 12 USC Chapter 13, as amended, is recorded; or
(2)   The date the regulatory agreement is recorded with the registrar of the bureau of conveyances or the assistant registrar of the land court of the State, whichever applies.
For a housing project that qualified for an exemption from real property taxation under § 8-10.17 before December 20, 2002,* the first application filed after December 20, 2002* shall be deemed the initial filing under this subsection.
After the initial year for which the real property has qualified for an exemption, a claim for an exemption shall be filed annually on or before September 30, together with a document from the agency regulating the housing project certifying that the housing project continues to be in compliance with the initial regulatory agreements and is in compliance with the applicable low-income rental requirements in the manner provided by applicable law or rule.
(b)   In the event property taxes have been paid to the county in advance for real property that subsequently qualifies for the exemption, the director shall refund to the owner that portion of the taxes attributable to and paid for the period after the qualification.
(c)   Continued exemption. A claim for a continued exemption may be filed after September 30 but on or before November 15. Such a late filed claim is subject to a nonwaivable late filing penalty of $500, which must be paid at the time of such filing.
(1)   Notice by director.
Following the initial year for which real property has qualified for an exemption, if an owner fails to file a claim for continued exemption by the September 30 deadline, the director shall promptly mail a notice to the owner at the owner’s address of record stating that unless a claim for continued exemption, all the necessary documents, and the late filing penalty of $500 are received by the director by November 15 of the same year, the exemption shall be canceled.
(2)   Cancellation of continued exemption.
An owner who has been sent a notice under subdivision (1) by the director and who fails to file for a continued exemption by the November 15 deadline or fails to submit the late filing penalty of $500, shall have the exemption canceled and the housing project shall be subject to taxes and penalties pursuant to subdivision (3).
In the event the director finds that the initial or subsequent claim for exemption contains false or fraudulent information, the housing project fails to meet the requirements of § 8-10.17 during the regulated period, or the owner fails to file annually during the regulated period as required under this section, the director shall cancel the exemption retroactive to the date the exemption was first granted pursuant to an initial filing under subsection (a), and the housing project shall be subject to the taxes and penalties determined in subdivision (3).
(3)   Back taxes and penalties.
In the event a housing project is subject to taxes and penalties as provided in subdivision (2), the differences in the amount of taxes that were paid and those that would have been due but for the exemption allowed shall be payable, together with interest at 10 percent a year, from the respective dates that these payments would have been due. The taxes and penalties due shall be a paramount lien upon the real property.
(Sec. 8-10.21, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 8, Art. 10, § 8-10.21) (Am. Ords. 02-68, 16-37)
Editor’s note:
   * December 20, 2002” is substituted for “the effective date of this ordinance.”