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(B) The owner is delinquent in payment of County taxes,fees, <br /> fines,or penalties assessed in relation to the short-term <br /> vacation rental; <br /> (C) The owner or leachable person has not been reachable;or <br /> (D) Police reports or verified neighbor complaints of noise and <br /> other disturbances relating to the short-term vacation rental <br /> operations. <br /> (g) The decision by the director to deny renewal of a nonconforming use <br /> certificate shall require written notice to the property owner. <br /> (h) Appeal. Within thirty days after the receipt of the notice,the owner may <br /> appeal to the board of appeals asprovided by section 6-9.2, County Charter <br /> and sections 25-2-20 through 25-2-24. <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 <br /> constitute prima facie evidence that a short-term vacation rental is operating on that <br /> property.The burden of proof shall be on the owner or operator to establish either that the <br /> property is not being used as a short-term vacation rental or that it is being used for such <br /> purpose legally. <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 <br /> known as the"short-term vacation rental enforcement fund"is created.This <br /> fund shall be administered by the director. <br /> (b) The purpose of the fund is to support efforts to enforce the County's short- <br /> term vacation rental law. <br /> (c) This account shall be funded by fees,collected in connection with: one-time <br /> registration fees for short-term vacation rentals pursuant to section 25-4 .(b); <br /> nonconforming use certificate renewal application fees pursuant to section <br /> 25-4 .1.(e);and fines. <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 /> 5 <br />