2018-09-06 Hearing Transcript - Council Initiated Bill 108, Draft 4

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CLARKSON: And, I'm assuming that list would be made publicly available on the Internet or some other way so that if a person who was thinking of making a complaint could find out right away whether they were registered or not. JACKSON: Yes, it would be made available to the public. How that's done, I'm not actually sure, whether it would be Internet or at the Department. Okay, recommendation 11. This one is just for clarity. If you look at this section of the bill which is on page 3 kind of towards the bottom, it says, it currently says, "The director shall adopt rules, in accordance with chapter 91, Hawaii Revised Statutes, for the purpose of implementing this subsection" and so we're just asking that subsection be changed to "implementing the sections of Chapter 25 related to short-term vacation rentals. So, that's—that's just a real minor one. And, recommendation 12. This is a recommendation to reword this section on page 4 of the bill. In the middle of the page, currently, it says, "Agricultural lands. A short-term vacation rental nonconforming use certificate may be issued for single-family dwellings on lots existing before June 4, 1976 located in the State land use agricultural district." And, so we're suggesting adding the word "only." "May only be issued for those single-family dwellings." This is to clarify that nonconforming use certificates will not be issued for short-term vacation rentals on lots created after June 4, 1976, pursuant to State law in the Agricultural District, because it requires that farm dwellings be used only to house farm workers. Any questions on that one? Okay, we're almost done. Recommendation 13 is to add this language to the bill that the renewal request and renewal fee this is for the nonconforming use certificate—was not received on or before the expiration date indicated on the certificate, and so this will clarify that renewal requests received after the expiration date will not be renewed. And, that is on page 4 at the bottom of the page, very last sentence. This is related to denial of a request to renew a nonconforming use certificate. Any questions? RAFFIPIY: Question. So, if they miss the deadline, and they don't get their renewal, I mean they don't get the renewal, so in effect that they ceased operation completely. JACKSON: That's correct. And, in talking to Kauai County staff because they've been regulating short-term vacation rentals for a while now, they actually suggested that when the Department issues the first nonconforming use certificate, in that letter that's sent to the owner, you know, we highlight then when the renewal date is as like a reminder. So, obviously, if the Department can help give the owner a heads up of that renewal date then I think that will help prevent these renewals from lapsing. RAFFIPIY: If somebody decides to pay five years in advance, can they do that? JACKSON: Not under this bill. RAFFIPIY: Thank you. EXHIBIT C 17