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(4) Police reports or verified neighbor complaints of noise and other disturbances relating to the short-term vacation rental operations. (g) The decision by the director to deny renewal of a nonconforming use certificate shall require written notice to the property owner. (h) Appeal Within thirty days after the receipt of the notice, the owner may appeal to the board of appeals as provided by section 6-9.2, County Charter and sections 25- 2-20 through 25-2-24. 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. Section 25-4- .3. Enforcement. If any short-term vacation rental is found to be operating unlawfully, enforcement shall be pursuant to section 25-2-35. Section 25-4- .4 Short-term vacation rental enforcement account. (a) Pursuant to section 10-12, Hawaii 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 Hawaii County Code 1983 (2016 Edition, as amended), is amended by adding new definitions to be appropriately inserted and to read as follows: ""Reachable" means being able to answer the telephone at all times, being able to be physically present at the short-term vacation rental within one hour following a request by a guest, a neighbor, or a County agency." ""Short-term vacation rental" means a dwelling_ unit of which the owner or operator does not reside on the building site, that has no more than five bedrooms for rent on the building site, and is rented for a period of thirty consecutive days or less. This definition shall not apply to the short-term use of an owner's primary residence as defined under the Internal Revenue Code."