COM 0739.002 2016-2018 - Laserfiche WebLink

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(f) Renewal fee. The applicant shall pay a renewal fee of$500 to the director of finance. (g) ' Revocation. If the short-term vacation rental nonconforming use fails to comply with conditions in this section or chapter,the short-term vacation rental nonconforming use certificate shall be revoked by the director. Section 25-4- .2. Prima facie evidence; short-term vacation rentals. Advertising of any sort that offers a property as a short-term vacation rental shall constitute prima facie evidence that a short-term vacation rental is operating on that property. The burden of proof shall be on the owner or operator to establish either that the property is not being used as a short-term vacation rental or that it is being used for such purpose legally. If any unit is found to be operating unlawfully, enforcement shall be pursuant to article 2, division 3. Section 25-4- .3. Short-term vacation rental enforcement account. (a) Pursuant to section 10-12, Hawai`i County Charter, a special fund to be known as the "short-term vacation rental enforcement fund is created. This fund shall be administered by the director. (b) , The purpose of the fund is to support efforts to enforce the County's short-term vacation rental law. (c) This account shall be funded by fees collected in connection with nonconforming use certificate renewal applications. (d) The funds in this account shall be utilized to pay for expenses that facilitate enforcement of the County's short-term vacation rental enforcement law." SECTION 3. Chapter 25, article 1, section 25-1-5, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by adding a new definition to be appropriately inserted and to read as follows: "Short-term vacation rental"means a residential dwelling of which the owner or operator does not reside on the building site,that has no more than five bedrooms on the building site, and is rented for a period of thirty consecutive days or less. This definition shall not apply to the transient use of an owner's primary residence as defined under the Internal Revenue Code." SECTION 4. Chapter 25, article 2, division 3, section 25-2-30, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended to read as follows: "Section 25-2-30. Violations. Any approval or permit issued pursuant to the provisions of this chapter shall comply with all applicable requirements of this chapter. Failure to comply with any provision of this chapter, any rule adopted pursuant to this chapter, or with conditions imposed as part of any approval [or]i permit, [' aria ]or variance from the provisions of this chapter, shall constitute a violation of this chapter." 7