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permit, certificate, or registration within the last five years, no more than <br />$2,000 per day or the offered rental rate, whichever is greater, for each day <br />that the rental property was advertised, offered, or operated as a short-term <br />vacation rental without a required permit, certificate, or registration; <br />(3) For an owner who has been the subject of two or more final decisions finding <br />a violation relating to their operation of a short-term vacation rental without a <br />permit, certificate, or registration within the last five years, no more than <br />$5,000 per day or twice the offered rental rate, whichever is greater, for each <br />day that the rental property was advertised, offered, or operated as a short- <br />term vacation rental without a required permit, certificate, or registration. <br />Section 25-4- .4 Short-term vacation rental enforcement account. <br />(a) Pursuant to section 10-12, Hawaii County Charter, a special fund to be known as <br />the "short-term vacation rental enforcement fund" is created. This fund shall be <br />administered by the director. <br />(b) The purpose of the fund is to support efforts to enforce the County's short-term <br />vacation rental law. <br />(c) This account shall be funded by fees and fines collected in connection with one- <br />time registration fees for short-term vacation rentals pursuant to section 25-4 .(b), <br />and with nonconforming use certificate renewal application fees pursuant to section <br />25-4 .1.(e). <br />(d) The funds in this account shall be utilized to pay for expenses that facilitate <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 Hawaii 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 />""Reachable" means being able to answer the telephone at all times, being able <br />to be physically present at the short-term vacation rental within one hour following a <br />request byaguest, a neighbor, or a County gency." <br />""Short-term vacation rental" means a dwellina unit of which the owner or <br />operator does not reside on the building site, that has no more than five bedrooms for <br />rent on the building site, and is rented for a period of thirty consecutive days or less. <br />This definition shall not apply to the short-term use of an owner's primary residence <br />as defined under the Internal Revenue Code." <br />13 <br />