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BIL 108 Draft 06 2016-2018
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BIL 108 Draft 06 2016-2018
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Last modified
12/6/2018 3:25:15 PM
Creation date
11/8/2018 3:43:04 PM
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Bill/Resolution
Bill/Resolution - Type
BIL
Bill/Resolution - Council Term
2016-2018
Bill/Resolution
108
Draft
06
Introducer
Karen Eoff, Council Member and Dru Mamo Kanuha, Council Member
Referred To
COUNCIL
Action 1
Council: Bill 108, Draft 6, passes first reading; adopts PC-74 - 11/02/18
Action 2
Council: Bill 108, Draft 6, amended to Draft 7 - 11/20/18
Reading Number
1
Reading Date
11/2/2018
Ayes
6-Chung, David, Eoff, Kanuha, O'Hara, Poindexter
Noes
0
Absent
3-Lee Loy, Richards, Ruggles
Excused
0
Document Relationships
AGE COUNCIL 2018/11/20 2016-2018
(Related To)
Path:
\Council Records\Agendas\2016-2018\Council
COM 0739.386 2016-2018
(Related To)
Path:
\Council Records\Communications\2016-2018
ORD 2018-114 2016-2018
(Related)
Path:
\Council Records\Ordinances\2018
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(C) The renewal request and renewal fee were not received on or before the <br /> expiration date indicated on the certificate. <br /> (e) Agricultural lands. In the State land use agricultural district, a short-term vacation <br /> rental nonconforming use certificate may only be issued for single-family dwellings <br /> on lots existing before June 4, 1976. <br /> (f) Notice of denial of a nonconforming use certificate and appeal. <br /> (1) Notice of a decision by the director to deny the initial issuance or renewal of a <br /> nonconforming use certificate shall be transmitted in writing to the property <br /> owner. <br /> (2) Within thirty days after the receipt of a notice of denial, the owner may appeal <br /> to the board of appeals as provided by section 6-9.2, County Charter and <br /> sections 25-2-20 through 25-2-24. <br /> (g) Display. Current short-term vacation rental nonconforming use certificates shall be <br /> displayed in a conspicuous place on the premises that is readily visible to an <br /> inspector. In the event that a single address is associated with numerous <br /> nonconforming use certificates, a listing of all units at that address holding current <br /> certificates may be displayed in a conspicuous, readily visible common area instead. <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 known as the <br /> "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 all fees and fines collected in connection with the <br /> administration and enforcement of the County's short-term vacation rental law. <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 />
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