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obtained, the nonconforming use certificate shall not be issued and the short-term vacation <br /> rental operation must immediately cease. <br /> (d) Display. Current nonconforming use certificates shall be displayed in a conspicuous place <br /> on the premises that is readily visible to an inspector. In the event that a single address is <br /> associated with numerous nonconforming use certificates, a listing of all units at that <br /> address holding current certificates may be displayed in a conspicuous, readily visible <br /> common area instead. <br /> (e) Annual renewal. Nonconforming use certificates must be renewed every year on or before <br /> the expiration date indicated on the certificate. At the time of renewal, if it has been <br /> determined that the short-term rental use has been abandoned pursuant to section 25-4-62 <br /> or the applicant has violated provisions of this chapter or other pertinent zoning laws, <br /> including section 25-4-62, the director may deny approval of a renewal application and <br /> issue a cease and desist notice to the applicant. <br /> (f) Renewal fee. The applicant shall pay a renewal fee of$500 to the director of finance. <br /> (g) Revocation. If the short-term vacation rental nonconforming use fails to comply with <br /> conditions in this section or chapter, the short-term vacation rental nonconforming use <br /> certificate shallbe revoked by the director. <br /> Section 25-4- .2. Prima facie evidence short-term vacation rentals. <br /> Advertising of any sort that offers a property as a short-term vacation rental shall constitute <br /> prima facie evidence that a short-term vacation rental is operating on that property. The burden <br /> of proof shall be on the owner or operator to establish either that the property is not being used as <br /> a short-term vacation rental or that it is being used for such purpose legally. If any unit is found <br /> to be operating unlawfully, enforcement shall be pursuant to article 2, division 3. <br /> Section 25-4- .3. Short-term vacation rental enforcement account. <br /> (a) Pursuant to section 10-12, Hawai`i County Charter, a special fund to be known as the <br /> "short-term vacation rental enforcement fund is created. This fund shall be administered by <br /> the director. <br /> (b) The purpose of the fund is to support efforts to enforce the County's short-term vacation <br /> rental law. <br /> (c) This account shall be funded by fees collected in connection with nonconforming use <br /> certificate renewal applications. <br /> (d) The funds in this account shall be utilized to pay for expenses that facilitate inspection and <br /> enforcement of the County's short-term vacation rental enforcement law." <br /> SECTION 3. Chapter 25, article 1, section 25-1-5, of the Hawai`i County Code 1983 <br /> (2016 Edition, as amended), is amended by adding new definitions to be appropriately inserted <br /> and to read as follows: <br /> 'Transient"means any person who rents or uses a lodge, hotel, time share unit, bed and <br /> breakfast, residential dwelling unit, or a portion thereof for less than one hundred eighty days. <br /> This definition shall not apply to nonpaying guests of the family occupying the unit; patients of <br /> clients in health care facilities; full-time students; employees who receive room and/or board as <br /> part of their salary or compensation; military personnel. low-income renters receiving rental <br /> subsistence from State or Federal governments; or overnight accommodations provided by <br /> 3 <br />