BIL 108 Draft 04 2016-2018 - Laserfiche WebLink

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(B) The owner is delinquent in payment of County taxes, fees, fines, or penalties assessed in relation to the short-term vacation rental; (C) The owner or reachable person has not been reachable; or (D) 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 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: one-time registration fees for short-term vacation rentals pursuant to section 25-4 .(b); nonconforming use certificate renewal application fees pursuant to section 25-4 .1.(e); and fines. (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." • 5