COM 0739.308 2016-2018 - Laserfiche WebLink

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Valerie T. Poindexter, Council Chair and Members of the County Council County of Hawai`i Page 2 The Windward Planning Commission made three recommendations as follows: 1. Change the initial registration fee from$250 to $500 and require annual registration for all short-term vacation rentals, not just those with a nonconforming use certificate. 2. Change the wording in the `nonconforming use certificate-prior use' section (Section 25-4- XX.1. (b))to add that the existing short term vacation rental operation must not have violated pertinent laws (i.e. building permits for a dwelling), must not have police reports or verified neighbor complaints, and have paid all County property taxes, State of Hawai`i general excise taxes (GET); and transient accommodations taxes(TAT). If they do not meet this criteria, the Director can deny the issuance of the initial nonconforming use certificate. Recommended language follows: (b)Prior Use. (1)The applicant seeking a short-term vacation rental nonconforming use certificate shall have the burden of proof in establishing that the property was in use prior to the effective date of this ordinance. Evidence of such use prior to the effective date of this ordinance shall include tax documents for the relevant time period, including: County property taxes, State of Hawai`i general excise tax(GET)filings; transient accommodations tax(TAT) filings; and federal and State of Hawai`i income tax returns. Other reliable information may also be provided. (2) Based on the evidence submitted, the director shall determine whether to issue a short-term vacation rental nonconforming use certificate for the short-term vacation rental. Issuance of the initial nonconforming use certificate may be denied if the director verifies any of the following: (A) The applicant has violated pertinent laws, such as not securing and finalizing necessary building permits for the dwelling; (B) The owner is delinquent in payment of County property taxes, State of Hawai`i general excise tax, and transient accommodations tax; or (C) Police reports or verified neighbor complaints of noise and other disturbances relating to the short-term rental operations. 3. Simplify the language in the `enforcement account' section(Section 25-4-XX.3. (c)) to say "This account shall be funded by all fees and fines collected pursuant to this section".