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BIL 121 Draft 01 2022-2024
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BIL 121 Draft 01 2022-2024
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Last modified
7/9/2024 12:42:42 PM
Creation date
1/4/2024 4:09:59 PM
Metadata
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Template:
Bill/Resolution
Bill/Resolution - Type
BIL
Bill/Resolution - Council Term
2022-2024
Bill/Resolution
121
Draft
01
Introducer
Heather L. Kimball, Council Member and Ashley L. Kierkiewicz, Council Member
Referred To
PCPLUD
Action 1
PCPLUD: Referred to Planning Director and Planning Commissions - 1/23/2024
Action 2
PCPLUD: Amended to Draft 2 - 7/8/2024
Document Relationships
AGE PCPLUD 2024/01/23 (2022-2024)
(Related)
Path:
\Council Records\Agendas\2022-2024\Policy Committee on Planning, Land Use, and Development (PCPLUD)
AGE PCPLUD 2024/07/08 (2022-2024)
(Related)
Path:
\Council Records\Agendas\2022-2024\Policy Committee on Planning, Land Use, and Development (PCPLUD)
COM 0675.000 2022-2024
(Related)
Path:
\Council Records\Communications\2022-2024
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Section 25-4-16.20. Complaints,violations, and public information. <br /> The director shall: <br /> (1) Receive and track complaints regarding transient accommodation rentals; <br /> (2) Establish and maintain administrative rules for determining if a complaint is <br /> valid and there has been a violation; <br /> (3) Provide information about rules, policies, and procedures pertaining to transient <br /> accommodation rentals to property owners, operators, neighbors, and the <br /> general public; and <br /> (4) Maintain a public list of all transient accommodation rentals that have registered <br /> or received a nonconforming use certificate and any violations associated with <br /> the property. <br /> Section 25-4-16.21. Transient accommodation rental enforcement account. <br /> (a) The "short-term vacation rental enforcement fund" created pursuant to section 10-12, <br /> Hawai`i County Charter, shall be renamed the"transient accommodation rental <br /> enforcement fund." This fund shall be administered by the director. <br /> (b) This account shall be funded by all fees and fines collected in connection with the <br /> administration and enforcement of the County's transient accommodation rental law. <br /> (c) The funds in this account shall be utilized to pay for expenses that facilitate the <br /> administration and enforcement of the County's transient accommodation rental law. <br /> Section 25-4-16.22. Transient accommodation rental administrative enforcement. <br /> (a) If the director finds that any persons have violated the provisions of this chapter, in <br /> addition to the fines established in section 16-4-16.19 and any criminal fines, the <br /> director shall impose additional fines in the amount of two times the highest daily rate <br /> at which the transient accommodation rental has been advertised. <br /> (b) The owner and host shall be jointly and severally liable for all fees and fines imposed <br /> in connection with the transient accommodation rental. <br /> Section 25-4-16.23. Notice of violation and appeal. <br /> (a) Notice of a violation of the transient accommodation rental standards shall be <br /> transmitted in writing within ten days of the director's determination that a violation <br /> has been committed. Written notice of violation shall be provided via certified mail. <br /> (b) Service of the notice of violation upon the operator shall be effective as though served <br /> upon the host and the property owner. In the event that the operator is not the <br /> property owner, a copy of the notice of violation shall also be mailed to the property <br /> owner at the address of the property owner on file with the real property tax division <br /> of the County of Hawai`i. <br /> (c) Within thirty days after the transmittal of the notice of violation and order, any person <br /> adversely affected by the notice of violation and order may appeal the notice of <br /> violation and order to the board of appeals as provided by section 6-9.2, Hawai`i <br /> County Charter and sections 25-2-20 through 25-2-25, Hawai`i County Code. An <br /> appeal to the board of appeals shall not stay the provisions of the order pending the <br /> final decision of the board of appeals. <br /> 12 <br />
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