HomeMy WebLinkAboutCOM 0675.465 2022-2024Heather L. Kimball
Council Chair & Presiding Officer
Council District I
Phone: (808) 961-8828
Fax: (808) 961-8 912
Email. lleatherXimballahawaiicounty. oovv
HAWAI`I COUNTY COUNCIL,
25 Aupuni Street, Ste. 1402.
Hilo, Hawaii 96720
,77
Amendment No. 1�
DATE: August 28, 2024
TO: Members of the Hawaii County Council
FROM: Heather L. Kimball, Council Chair, Council District 1
SUBJECT: Proposed Amendments to Bill No. 121, Draft 3; An Ordinance Amending
Chapter 25, Articles 1, 4, and 5, of the Hawaii 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 3. The proposed
amendments are shown below in Ramseyer format with respect to the contents of Bill No. 121,
Draft 3; material to be deleted is bracketed and stricken, and material to be inserted is
underscored. A copy of the new draft of this bill that will result if these proposed amendments
are adopted is not attached.
SECTION 2 of Bill No. 121, Draft 3, which amends chapter 25, article 1, section 25-1-5, of
the Hawaii County Code 1983 (2016 Edition, as amended) by adding definitions, is
amended by amending the following definitions to read as follows:
""Event" means [a fafmal and ,.ubliel an 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 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, and fitness .,efiv;ties, na or educational activities."
""Transient["] accommodation rental" means transient accommodations excluding:
(1)
Hotels, motels, and inns;
(2)
Apartment hotels;
(3)
Boarding facilities;
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Hawai `i County is an Equal Opportunity Provider and Employer
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(4) Lodges; []
(5) Timeshares[...]; and
(6) Tents."
2. SECTION 5 of Bill No. 121, Draft 3, which amends chapter 25, article 4, of the Hawaii
County Code 1983 (2016 Edition, as amended) by adding a division, is amended by
amending paragraph (2) of section 25-4-16.5 thereof, entitled "Additional registration
requirements; all transient accommodation rentals", to read as follows:
"(2) The transient accommodation rental must meet health and safety requirements
established by law [at the time of eenstfuetio ]."
3. SECTION 5 of Bill No. 121, Draft 3, which amends chapter 25, article 4, of the Hawaii
County Code 1983 (2016 Edition, as amended) by adding a division, is amended by
amending subsection (d) of section 25-4-16.16 thereof, entitled "Transient accommodation
rental nonconforming use certificate", to read as follows:
"(d) If at any time an un-hosted transient accommodation rental with a nonconforming
use certificate [ss„�=�] subject to section 25-4-16.3, subsection (b), paragraph
is found to be rented for a rental period of thirty days or less, the transient
accommodation rental registration and the nonconforming use certificate shall be
revoked and a fine shall be imposed in accordance with the schedule established in
section 25-4-16.19."
4. SECTION 7 of Bill No. 121, Draft 3, which amends chapter 25, article 4, of the Hawaii
County Code 1983 (2016 Edition, as amended) by adding a division, is amended by
amending section 25-4-18.5 thereof to read as follows:
"Section 25-4-18.5. Exemptions.
(a) This division shall not apply to an owner[,] advertising M transient
accommodation rental under their ownership, or to a property manager, or real
estate salesperson or broker advertising for no more than one transient
accommodation rental under their [evtxne p,] 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 25-4-18.2 may be submitted on an annual basis
no later than [each 3anti8] the last day of each JanuM and cover the
preceding calendar year; and
(2) Failure to file an annual report under this section shall incur a fine of $250."
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