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Section 25-2- . TVR enforcement; administrative provisions. <br /> (a) Upon determining that a TVR is in violation of any provision of this chapter,the <br /> director may assess an administrative fine for each day in which the violation <br /> persists in an amount no greater than twice the highest daily rate at which the TVR <br /> has been advertised in the preceding twelve months added to the following: <br /> (1) $5,500 for the first violation, <br /> (2) $7,500 for the second violation; and <br /> (3) $10,000 for any subsequent violation. <br /> (b) In all respects not otherwise provided for, an enforcement action under this section <br /> is subject to and must be made in accordance with section 25-2-35. <br /> Section 25-2- . TVR enforcement; prima facie evidence. <br /> (a) A determination that a TVR is in violation of any provision of this chapter maybe <br /> made on the basis of any of the following prima facie evidence: <br /> (1) An active rental advertisement of the property <br /> (2) The fact that the property may be booked or reserved through a booking <br /> service; <br /> (3) Transient accommodations tax returns; or <br /> (4) Other information reported by a third party which the County may contract <br /> with to provide transient vacation rental information. <br /> (b) The burden of proof is on the owner to establish either that the property is not being <br /> used as a transient vacation rental or that it is being used for such purpose legally. <br /> Section 25-2- . TVR enforcement; cumulative effect. <br /> This division does not displace, dispense with,preclude, limit, or otherwise affect <br /> any other enforcement power,penalty,or legal remedy available under this chapter or <br /> other applicable law." <br /> SECTION 6. Chapter 25, article 4, division 1, sections 25-4-7, 25-4-16, 25-4-16.1, 25- <br /> 4-16.2, and 25-4-16.3, of the Hawaii County Code 1983 (2016 Edition, as amended) are hereby <br /> repealed. <br /> SECTION 7. Chapter 25, article 4, of the Hawaii County Code 1983 (2016 Edition, as <br /> amended) is amended by adding a division to be appropriately inserted and to read as follows: <br /> "Division . Use Regulations; Transient Vacation Rentals. <br /> Section 25-4- . Bed and breakfasts; where permitted. <br /> A B&B is permitted in the following zoning districts: <br /> (1) RS, RD, RM,RCX,V, CN, CG, CV, CDH, and PD; and <br /> (2) Any agricultural district, other than IA, that is wholly situated within: <br /> (A) The State land use urban or rural district; or <br /> (B) The State land use agricultural district,provided that: <br /> 3 <br />