BIL 047 Draft 02 2024-2026 - Laserfiche WebLink

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"Un-hosted"refers to a TVR located on a property on which a host does not reside while the TVR is rented. Section 6-41. Administrative enforcement. (a) Fines assessed under this article are due and payable in the manner and before the date specified in the order assessing such fines. (b) In the case of a hosted TVR,the owner and the host of a TVR are jointly and severally liable for all fines and penalties assessed under this article. (c) Decisions made by the planning director pursuant to this article are appealable as under chapter 25, article 2, division 2, of this Code. (d) In all respects not otherwise provided for, any notice or order issued under this article and the provisions therein are subject to and must be made in accordance with section 25-2-35 of this Code. (e) The County may institute a civil action in a court of competent jurisdiction for the enforcement of any order issued pursuant to this article. Where the civil action has been instituted to enforce the civil fine imposed by said order,the County need only show that the notice was served,that a civil fine was imposed,the amount of the civil fine imposed, and that the fine imposed has not been paid. (f) On the first day of each September,the County shall file with the bureau of conveyances liens on all properties subject to fines levied under this article that remain unpaid for one year or more after final adjudication and the expiration of the time for any further appeal. Upon such filing,the fines shall constitute a lien on the subject property that, for the purposes of authority, shall be considered equivalent to liens arising pursuant to chapter 19 of this Code. (g) The County may disclose any information reported or collected under this article to any governmental department or office for the purpose of ensuring compliance with State or County law. Section 6-42. Rulemaking authority. The director of finance and planning director may,whether separately or jointly, adopt rules pursuant to the Hawai`i Revised Statutes, chapter 91, necessary for the purposes of this article. Section 6-43. Applicability. This article does not apply to any accommodation, lease, letting, or rental activity: (1) Exempt from the Hawai`i Revised Statutes, chapter 237D; (2) Subject to the Hawai`i Revised Statutes, chapter 521; (3) Furnished to a health care worker temporarily employed at a medical facility in the County; or (4) Authorized by a declaration of a state of emergency. Division 2. Registration. Section 6-44. Certain rentals deemed registered. (a) Notwithstanding any provision to the contrary, a short-term vacation rental registered under section 25-4-16 of this Code prior to the effective date of this ordinance is deemed separately registered for the purposes of this article, subject to 2