HomeMy WebLinkAboutCOM 0675.487 2022-2024From: do
Sent: Monday, September2, 2024 S:07AM
To: Council Testimony
Cc: Inaba, Ho{ekaViUegas, Rebecca Lee Loy Sue; Kanaa|ii'K|einfe|der, Matt; 0nnba|[
Heather; Kierkiewicz,Ash|ey; Kagivvada'Jennifer; Ga|imba, Michelle K4.; Evans, Cynthia
F.W.
Subject: Bill 121
Aloha HHVvoi`iCounty Council,
| submit testimony toBill 121 requesting your consideration for possible amendments. | 8Dl nib~iO
opposition tDBill 121 in its entirety as I believe it is in the best interests of Hawaii County and rbbst
specifically West Hawaii.
The commentary I present is its weakness in the noise pottution that TAR brings to our residenti'a"'t
community including residential, agriculture in the form of "hosted" n8nt8iS, B&B, non-agricultural
business asexamples and not mnexhaustive list. The entire subject of"STVR" /Bii\1O8\began during the
Kim Administration to address the huge volume of residents objecting to noise and downright disrespect
of neighbors from those who have littte to no interest in our quatity of life. That hasn't changed but has
evolved into an economic argument disregarding the very genesis of this subject. It comes as no surprise
that there are those who btatantly or in some cases unknowingly abuse the rule and intent of laws
knowing that enforcement is the weakest link in many laws/ordinances. To make a law/ordinance worthy
of its authors, passing and intent, the enforcement actions should be considered as a way to aide the
affected citizenry, County and HP[).
Specific to Bill 121, 1 respectfully make reference to
1. Suggest AMENDMENT to Sec 6.17 to use the correct reference which is the HRS 711 -1101
Disorderly Conduct. The citation of is INCORRECT. Per the Department
of Health, the HAR only appties to construction, industrial, agricultural., and stationary
mneohenicaiequiprnant. "Peopte" noises are not within the Department of Health's jurisdiction.
2. Suggest AMENDMENT toSection 25-4-18.17(2)([):Unneoannobienoise. The noise from the
transient accommodation rental shall not disturb adjacent neighbors. Violations of Hawaii
shall bereported tOthe Hawaii County police department.
3. Page one /1\debeteathe definition ofSTVRwhite removing anecessary provision that Urnbethe
number of bedrooms. Ptease tinnit the number of bedrooms to five. A 10,000 sf property owner
has the opportunity toconvince the Planning Department its "fb*xroom" can serve oabedrooms.
Suggest AMENDMENT to Section 25-4-16.7(a)(5) or (7) or other Sections as appticabte: The
maximum number of bedrooms for a transient accommodation rental is five (5).
4. Sec 1G.17Good Neighbor Standard, requires unquaadonabbaclarity. happears tobaai000hoia
for registered guests to receive any professionat services such as retreats, entertainment, heatth
& fitness oieeaea,etc. Comm. 0
Suggest AMENDMENT to Section 25-4-16.17 (3)(B): Advertising or promoting a transient
accommodation rental as a venue for any event such as weddings, receptions, concerts, or other
events, and/or providing any professional services for onevent iaprohibited unless granted bv
special use permit.
5. Further clarify what constitutes anevent versus ogathering. Please better define the criteria for
the Planning Department when they develop rules for what constitutes an event versus gathering.
Amplified noise simUa[tn
which defines noise for public property, and
should becoordinated with the Planning 8/Police Departments.
G. For the Good Neighbor Standard please consider requiring registration or some other
documentation ofpeople atogathering toassist with enforcement.
Suggest AMENDMENT to Section 25-4-16.17 (2)(C): All adults attending the gathering shall be
registered with the owner or host and shalt comply with the terms of use of the property.
7. Change to[xmnepoocupied TARaonly ...pieooe|
Suggest DELETE Section 25-4-1S.2Operator-hosted transient accommodation rentals
Suggest DELETE Section 25-4'1S.3Un-hostedtransient accommodation rentals
8. Suggest AMENDMENT to Section 25-4/16.4 so Owner -Hosted Initial Registration and Annual
Registration Renewal are $100.
Suggest DELETE of all Operator -Hosted and Un-hosted categories; phase out these categories in
two years.
S. With respect to the Good Neighbor Standard and to mitigate neighbor conflicts, please send a
notification to surrounding property owners, within 500 feet, and provide information on how and
when tOsubmit complaints tothe police and/or planning departments.
Suggest AMENDMENT to Section 25-4-16.3(a): change "three hundred feet" to "five hundred feet"
1O.With regard tOcomplaints:
1. Suggest AMENDMENT to Section 25-4-16.20(l), Receive and track ALL complaints
regarding transient accommodation rentals;
2. Suggest AMENDMENT to Section 25-4-16.24 Delete "receives three or more" to read
lireceives two or more" enforcement actions.
3. The Planning Department process iatoindependently review ocomplaint without
discussion ofthe details with the one issuing the complaint. Due process and fairness
would dictate that the Planning Department meet with individuals who file a complaint, to
review documentation regarding the alleged violations prior toissuing aClosure Letter.
11. Stipulate that the Planning Department is to track ALL complaints, regardless of final Closure
Letter results, and to publish that data available to the public at least semi-annually.
Mahato nui for considering these amendments and considerations to make a good bill BETTER in the best
interest of the whole of Hawaii County.
Steve K8VV8D8Lopez
K8iiU8kbDG