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Home My WebLink AboutBIL 175 Draft 01 2024-2026 J�tY OF y�jl'•.. COUNTY OF HAWAI`I �� '' ��} STATE OF HAWAI`I BILL NO. 175 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO.25-50,AS AMENDED,AN ORDINANCE AMENDING CHAPTER 6 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED),RELATING TO TRANSIENT ACCOMMODATIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Section 1 of Ordinance No. 25-50, as amended,which amended chapter 6 of the Hawai`i County Code 1983 (2016 Edition, as amended)by adding an article, is amended by amending section 6-41 of said article to read as follows: "Section 6-41. Administrative enforcement. (a) Fines assessed under this article are due and payable in the manner and before the date specified in the order assessing such fines. (b) In the case of a hosted TVR,the owner and the host of a TVR are jointly and severally liable for all fines and penalties assessed under this article. (c) Decisions made by the planning director pursuant to this article are appealable as under chapter 25, article 2, division 2, of this Code. (d) In all respects not otherwise provided for, any notice or order issued under this article [and the provisions therein are] is subject to and must be made in accordance with section 25-2-35 of this Code. (e) [The County may institute a civil action in a court of competent jurisdiction for the enforcement-of anny'--orderissuedpursuant to kis--article, here the_nciyi actiioir as been instituted to enforce the civil fine imposed by said order,the County need only show that the notice was served,that a civil fine was imposed,the amount of the i, fire ea ra t at the fr ea h" t beer_paid.] Use of a TVR is subject to chapter 25 of this Code. [(f) On the first day of each September,the County shall file with the bureau of conveyances liens on all properties subject to fines levied under this article that remain unpaid for one year or more after final adjudication and the expiration of the time for any further appeal. Upon such filing,the fines shall constitute a lien on the liens arising pursuant to chapter 19 of this Code.] [(g)] (f) The County may disclose any information reported or collected under this article to any governmental department or office for the purpose of ensuring compliance with State or County law." SECTION 2. Section 1 of Ordinance No. 25-50, as amended, which amended chapter 6 of the Hawai`i County Code 1983 (2016 Edition, as amended)by adding an article, is amended by amending section 6-45 of said article to read as follows: "Section 6-45. Registration. (a) A person may not operate a TVR on any property, unless and until the owner first registers it with the [director of finance] planning director in a format prescribed by the [director of finance] planning director that includes: (1) The street address and tax map key of the property; (2) The name,phone number, and e-mail of the owner and the host or other reachable person; (3) The number of bedrooms available to rent, and whether they are rented individually or as a whole; (4) A site drawing showing the location of all structures on the property, including the TVR; (5) A declaration attesting that the TVR complies with the health and safety requirements as may be required by the County; (6) A certificate of tax clearance or other documentation from the department of finance showing that the owner does not owe the County any delinquent real property or transient accommodations tax, including any penalties or interest; (7) A copy of the owner's: (A) General excise tax license obtained under the Hawai`i Revised Statutes, section 237-9; and (B) [Certificate] Transient accommodations tax certificate of registration under the Hawai`i Revised Statutes, section 237D-4 or 237D-4.5; (8) A signed statement acknowledging that operation of a TVR may affect the real property tax liability of the owner; (9) Other information or material,as the [director of finance] planning director may require; and (10) A registration fee of$250 or$500, in the case of a hosted or un-hosted TVR, respectively. (b) Upon determination that registration is complete,the [director of fmance] planning director shall issue the owner a registration number for the TVR. (c) It is the duty of the owner to maintain the currency and accuracy of information provided in connection with a registered TVR and to accordingly update the planning director and the director of finance whenever any such information becomes outdated or inaccurate or when the owner elects to terminate the registration. (d) Registration expires ninety days after a change in ownership of the property occurs, and any TVR not theretofore registered by the new owner shall be unregistered." SECTION 3. Section 1 of Ordinance No. 25-50, as amended, which amended chapter 6 of the Hawai`i County Code 1983 (2016 Edition, as amended)by adding an article, is amended by striking"director of fmance"from sections 6-47 and 6-51 of said article and inserting "planning director"in lieu thereof. 2 SECTION 4. Section 1 of Ordinance No. 25-50, as amended, which amended chapter 6 of the Hawai`i County Code 1983 (2016 Edition, as amended)by adding an article, is amended by amending subsection(b) of section 6-44 of said article to read as follows: "(b) A TVR that is permitted by a use permit issued under [section 25 1 7] chapter 25 of this Code or a special permit under the Hawai`i Revised Statutes, section 205-6,is deemed registered for the purposes of subsection(c) and exempt in all other respects from this article." SECTION 5. Section 1 of Ordinance No. 25-50, as amended, which amended chapter 6 of the Hawai`i County Code 1983 (2016 Edition, as amended)by adding an article,is amended by amending subsection(a) of section 6-52 of said article to read as follows: "(a) For every TVR in the County for which a hosting platform provides booking services during each month,the hosting platform shall report to the planning director and the director of finance, in a format jointly prescribed by the planning director and the director of finance,the following information: (1) The tax map key number of the TVR; (2) The registration identification number issued under the Hawai`i Revised Statutes, chapter 237D, associated with the TVR; (3) The registration number issued under division 1 associated with the TVR; and (4) The unique website address or link of the TVR." SECTION 6. Ordinance No. 25-50, as amended, is amended by adding a section to be appropriately inserted and to read as follows: "SECTION 1A. Exemption. Notwithstanding any provision to the contrary, a prospective TVR for which a use permit application or a special permit application has been accepted by the planning director prior to the effective date of this ordinance will,upon issuance of the use permit or special permit, be deemed registered in accordance with and exempt in all other respects from this ordinance. The planning director shall issue a registration number to the owner of any TVR deemed registered under this section." SECTION 7. Ordinance No. 25-50, as amended, is amended by adding a section to be appropriately inserted and to read as follows: "SECTION 1B. All monies collected under this ordinance shall be deposited into the short-term vacation rental enforcement fund." 3 SECTION 8. Section 3 of Ordinance No. 25-50, as amended by Ordinance Nos. 25-92 and 26-51, is amended to read as follows: "SECTION 3. This ordinance shall take effect on September 1, 2026. If deemed necessary by the planning director to allow affected persons adequate time to enter into compliance with this ordinance, the planning director may delay enforcement of the registration requirement established by this ordinance for a period not to exceed December 31, 2026." SECTION 9. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 10. Severability. If any provision of this ordinance, or the application hereof to any taxpayer or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 11. This ordinance shall take effect upon its approval. , Hawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: 964 REFERENCE Comm. INTRODUCED BY: ATHER KIMBALL Council Member 11 uiuuu��wiuu�u