2018-09-20 Leeward Exh B (Bill 108 re Short-term Vacation Rentals)

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County. This person must be reachable by guests, neighbors and the County on a 24-hour-seven- days-a-week basis. The bill defines “reachable” as being able to respond via telephone to a request for his or her presence within one hour of receiving the request and being physically present at the rental within three hours of receiving a call from a guest, neighbor or County agency. The owner must also notify the Department of any changes to the contact info for the reachable person. All short-term vacation rentals must abide by a good neighbor policy, which requires the owner or reachable person to make sure the activities taking place in the rental conform to the character of the surrounding neighborhood. The policy must be displayed on the premises and included in the rental agreement. The policy includes: quiet hours from 9:00 p.m. to 8:00 a.m.; ensuring that sounds outside of quiet hours do not exceed what is normal for a residential area, prohibiting machines or devices that generate loud noises or sounds; and ensuring that guests park onsite in designated parking areas. Other standards that all short-term vacation rentals must abide by include: displaying on the back of the door a copy of the registration or nonconforming use certificate and the reachable person’s name and phone number; including the registration number or nonconforming use certificate number on all forms of advertising that includes Internet, print, any kind of advertising; and complying with the Sign Code and parking requirements for short-term vacation rentals. And before I move on, does the Commission have any questions on the standards for operations of a short-term vacation rental? SHIMAOKA: I’m just reading some of the testimony. Are we – I mean, probably this is for you, Mike – are we providing any kind of considerations for a grandfather clause? YEE: That would be the nonconforming use certificate. SHIMAOKA: That’s renewable every year, correct? YEE: Correct, unless they cease operation for – I forget how long – a year or something. JACKSON: Okay, so, complaints and enforcement. The bill requires the Director to receive and track complaints regarding the rentals, and provide information about rules, policies and procedures related to short-term vacation rentals to property owners, managers, neighbors, and the general public. The Director is also responsible for adopting rules of practice and procedure to implement the provisions of the bill. To enforce the bill, the inspectors will be able to rely on any advertising offering the property on a short-term vacation rental as evidence that the rental is operating on the property. The burden of proof will be on the owner to establish that a short-term vacation rental is being operated legally or the property is not being used as a short-term vacation rental. And the bill proposes to establish a short-term vacation rental enforcement account, which will be administered by the Planning Director, for the purpose of enforcing the short-term vacation rental law. The account will be funded by fees collected for registration, fees collected for renewal of nonconforming use certificates, and fines collected from enforcement actions. UNGER: In your opinion, is that going to be sufficient to cover the enforcement requirements of this bill? YEE: No. \[Laughter from the audience.\] 10 EXHIBIT B