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BIL 121 Draft 02 2022-2024
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BIL 121 Draft 02 2022-2024
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Last modified
8/21/2024 12:46:46 PM
Creation date
7/29/2024 12:54:31 PM
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Template:
Bill/Resolution
Bill/Resolution - Type
BIL
Bill/Resolution - Council Term
2022-2024
Bill/Resolution
121
Draft
02
Introducer
Heather Kimball, Council Member and Ashley Kierkiewicz, Council Member
Referred To
PCPLUD
Action 1
PCPLUD: Postponed to 8/20/2024 - 7/8/2024
Action 2
PCPLUD: Amended to Draft 3 - 8/20/2024
Document Relationships
AGE PCPLUD 2024/08/20 (2022-2024)
(Related)
Path:
\Council Records\Agendas\2022-2024\Policy Committee on Planning, Land Use, and Development (PCPLUD)
COM 0675.398 2022-2024
(Related)
Path:
\Council Records\Communications\2022-2024
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Section 25-4-16,22. Transient accommodation rental administrative enforcement. <br />a If the director finds that apy 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 />direetor shall impose additional fines in the amount of two times the highest daily <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 propeft <br />owner at the address of the property owner on file with the real property tax division <br />of the County of Hawaii. <br />( Within thitiy 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 Hawaii <br />Cou!IV Charter and sections 25-2-20 through 25-2-25 Hawaii 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 />eals. <br />Section 25-4-16.24. Suspension and nonrenewal of transient accommodation rental <br />registrations and nonconforming use certificates. <br />a If a transient accommodation rental receives three or more enforcement actions in <br />violation of this chapter within a twelve-month period, the director shall suspend their <br />transient accommodation rental registration and their nonconforming use certificate if <br />a licable fora period.of two ears. <br />(b) The director may also refuse to renew a certificate of registration if the applicant has <br />not addressed an enforcement violation, <br />Section 25-4-16.25. Property tax assessment for transient accommodation rentals. <br />a When any portion of a-dwellinia is rented or leased for less than one hundred eighty <br />days at a time during the assessment year, the entire property will be ineligible for the <br />real property homeowner tax classification pursuant to section 19-53. The real <br />ro er tax homeowner exem tion will a 1 ro ortionall to the area exclusivel <br />occupied by the homeowner pursuant to section 19-71. <br />(b) When the entire dwelling is rented or leased for less than one hundred eighty dam <br />time during the assessment ear the entire prop ert will be ineligible for the real <br />propcity homeowner exemption and the real.pro.perty homeowner tax classification <br />pursuant to sections 19-71 and 19-72. <br />(c) If there is more than one dwelling on a property, and the owner resides in one <br />dwelling and rents or leases another dwelling for anything other than affordable rental <br />housing (which requires an application be submitted to the real property tax division), <br />13 <br />
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