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.PD Background & Recommendation Report (PL-CCI-2024-000003) Bill 121
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2024-04-04 Windward
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#5 County Council Initiated Bill 121 TAR & Hosting Platforms (PL-CCI-2024-000003)
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.PD Background & Recommendation Report (PL-CCI-2024-000003) Bill 121
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3/28/2024 6:46:58 AM
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PD Background and Recommendation Report Bill 121 Relating to Transient Accomodation Rentals (TAR) and Hosting Platforms
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• Advertising of unpermitted uses, such as weddings, wedding receptions, <br /> concerts, or events is prohibited unless there is a special permit or use <br /> permit granted to the subject parcel. <br /> • Professional services shall only be provided to registered guests. <br /> • All advertisements for the TAR shall comply with the Sign Code and <br /> County Streets Code. <br /> • Signage displaying the street address of the transient accommodation <br /> rental and the registration number shall be visible from the main roadway <br /> used to access the property. <br /> COMPLAINTS AND ENFORCEMENT OF TARS <br /> 35. The bill requires the Director to receive and track complaints regarding TARS, <br /> and provide information about TAR rules,policies and procedures to property <br /> owners, managers, neighbors, and the general public. The Director is also <br /> responsible for implementing the provisions of the bill as well as maintaining a <br /> public list of all transient accommodation rentals that have registered or received <br /> a nonconforming use certificate and include any violations associated with the <br /> property. <br /> 36. To enforce the provisions of this bill, the inspectors will be able to rely on any <br /> advertising offering the property as a TAR as evidence that a TAR is operating on <br /> the property. Such evidence shall include advertising of any sort; the ability for <br /> Department staff to book the rental; and Hawai`i County TAT receipts. In <br /> addition,prima facie evidence shall include a third party hosting platform that can <br /> generate a report that the Department may use. The burden of proof shall be on <br /> the owner to establish that the property has been in use in a legal manner. <br /> 37. Bill 121 provides further provisions, that if a violation has been found on the <br /> property, the Department is required to issue a notice of violation in writing <br /> within 10 days of the director's determination that the violation has occurred. <br /> 38. Should a violation occur, Bill 121 requires that the Planning Director impose fines <br /> located in Section 16-4-16.19 Transient accommodation rental fee and fine <br /> schedule and can further assess fines that are two times the highest daily rate at <br /> -11- <br />
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