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Home My WebLink AboutCOM 0675.400 2022-2024 ••o°�tYf�F H...+' Heather L. Kimball �; Phone: (808)961-8828 Fax: (808)961-8912 Council Chair& Presiding Officer •+ `. , 71,I* Email:Heather.Kimball HeatherKimball@howaiicountv.gov Council District 1 HAWAI`I COUNTY COUNCILf 25 Aupuni Street, Ste. 1402. c Hilo, Hawaii 96720 --- _ r Amendment No. 1 ,,1 DATE: August 19, 2024 TO: Members of the Hawai`i County Council FROM: Heather L. Kimball, Council Chair, Council District 1 SUBJECT: Proposed Amendments to Bill No. 121, Draft 2; An Ordinance Amending Chapter 25, Articles 1, 4, and 5, of the Hawai`i County Code 1983 (2016 Edition, as Amended), Relating to Transient Accommodation Rentals and Hosting Platforms. Transmitted herewith are proposed amendments to Bill No. 121, Draft 2. The proposed amendments are shown below in Ramseyer format with respect to the contents of Bill No. 121, Draft 2; material to be deleted is bracketed and stricken, and material to be inserted is underscored. SECTION 2 of Bill No. 121, Draft 2, which amends chapter 25, article 1, section 25-1-5, of the Hawai`i County Code 1983 (2016 Edition, as amended) by adding definitions, is amended by amending the following definitions to read as follows: 'Event"means a [formal egation ,.hic t ; cl„de the 0 0 e„t f professional services, that is not typical sident;a' ^ s c a edding r eptio , rcerts motional events.] formal and public assembly, generally by invitation or ticket purchase,that extends beyond the scope of typical residential living, including but not limited to weddings, wedding receptions,promotional events, and concerts." 'Gathering"means an [' , accompanying a transient accommodation rental.] assembly that is consistent with activities of residential areas, informal in nature and with limited scale, including but not limited to a picnic, family dinner,birthday celebration, fitness activities, and educational instruction." Comm. No �Dus•1�40 Ref. To: P�QGPLUD Hawai`i County is an Equal Opportunity Provider and Employer AUG 1' 9 2024Ref. Date SECTION 5 of Bill No. 121, Draft 2, which amends chapter 25, article 4, of the Hawai`i County Code 1983 (2016 Edition, as amended) by adding a new division, is amended by amending the following sections thereof as hereinbelow provided: 1. Section 25-4-16, entitled"Transient accommodation rental registration required; exceptions", is amended by amending subsection (b) to read as follows: "(b) Registration as a transient accommodation rental shall not be required if: (1) The rental is not being provided to a transient or transients as defined by this chapter; (2) There is an emergency declaration enabling temporary shelter for displaced persons; (3) [The dwelling is the principal home of the host and is provided as a home exchange and no financial exchange occurs;] There is a reciprocal exchange of principal homes between owners and no financial exchange or other compensation occurs; (4) The dwelling is being provided to a tenant under a month-to-month lease subject to chapter 521, Hawaii Revised Statutes,the Hawai`i residential landlord-tenant code; or (5) The rental use is subject to a use permit or special permit duly issued prior to the effective date of this ordinance, which conditions contained therein shall continue to apply to such use and take precedence over this division, except insofar as section 25-4-16.17 is applicable to such use." 2. Section 25-4-16.5, entitled"Additional registration requirements; all transient accommodation rentals", is amended by amending paragraph (2) to read as follows: "(2) The transient accommodation rental must meet health, safety, and construction code requirements established by law[t] at the time of construction; 3. Section 25-4-16.7, entitled"Rental registration process", is amended by amending subsection (a) to read as follows: "(a) Owners of a transient accommodation rental shall register by submitting a registration application to the planning department in a format prescribed by the director. The registration form, at a minimum, shall include: (1) Property address and tax map key number; (2) Name and contact information for the property owner. Name and contact information for the operator, if different from the property owner, or the reachable person or persons if the transient accommodation rental is un-hosted; (3) If required pursuant to chapter 467, Hawai`i Revised Statutes, a copy of a current, valid real estate broker's license or real estate salesperson's license; 2 (4) Submittal of a site drawing, [drawn to scale,] showing the location of all structures on the site, the transient accommodation rental, and requisite off- street parking; (5) Submittal of a floor plan showing the location of the rooms for rent, the layout of the transient accommodation rental and emergency exits; (6) A declaration in a format determined by the director that the transient accommodation rental meets health, safety, and code requirements; (7) A maximum renter limit[, calculated at two more than twice the number of bedrooms for rent of the transient accommodation rental;] in accordance with section 25-4-16.17, paragraph (2);and (8) Copies of a current State of Hawai`i general excise tax license and current transient accommodation tax license." 4. Section 25-4-16.17, entitled"Transient accommodation rental operation standards", is amended by amending subparagraph (A) of paragraph(2)to read as follows: "(A) Unless established otherwise by the director[,] at the time of issuance of the transient accommodation rental registration number,the [rental] renter limit for adult occupants in a transient accommodation [rentals] rental shall be [as calculated at the time of the registration application.] two more than twice the number of bedrooms for rent." SECTION 6 of Bill No. 121, Draft 2, which amends chapter 25, article 4, of the Hawai`i County Code 1983 (2016 Edition, as amended) by adding a division, is amended by adding a section thereto to be appropriately inserted and to read as follows: "Section 25-4-17.5. Exemptions. fa) This division shall not apply to an owner, property manager, or real estate salesperson or broker advertising for no more than one transient accommodation rental under their ownership, management, or operation. (b) A real estate salesperson or broker advertising for more than one transient accommodation rental shall comply with this division, except that: (1) The report required in section 25-4-17.2 may be submitted on an annual basis no later than each January 30 and cover the preceding calendar year; and (2) Failure to file an annual report under this section shall incur a fine of$250." A copy of the new draft of this bill that will result if these proposed amendments are adopted is not attached. HK:dbk 3