Loading...
HomeMy WebLinkAboutCOM 0236.150 2024-2026P / Cwcil ail( u7 COUNTY CLERK CCw2y, COUNTY -OF HAWAti Oppose Bill 47 — The Path To Destruction 2025 JUN _ 4 AN 10. 15 I have read Bill 47 many times and I still don't see anything but the path to our destruction and setting up the legal structure of how exactly to do it well: with a plethora of ways to "fail", excessive fines, automatic liens and threat of non -judicial foreclosure of our homes. This alone reveals what is really going on here. This is what is actually written in Bill 47, which is presented by Heather Kimball and Ashley Kierkiewicz as a "simple registration". Is it true that if we don't have the money to pay the 10k+ fines, you will put a lien and then foreclose on our home? If not, then why did you write this in the bill? How can you not conclude that this is meant to destroy? So many unanswered questions, for example: 1. What about vacation rentals on agricultural land? What about existing vacation rentals with NUCs? You say we can't talk about this now, and everybody has to register for the fines/liens/foreclosure scheme first? 2. Why are you rushing this through without involving the public? We got a 30 min "zoom briefing". You said you would publish the CW from the chat later. The QA chat questions were never posted. 3. Why does urban zoning (2.18% of the island) allow for unlimited new hosted and unhosted vacation rentals? While the rest of the island's vacation rentals are being phased out and shut down? It appears that your intention is to implement the hotel industry's plan to destroy all vacation rentals outside of resort zones. As they did on Oahu, as they are trying to do on Maui and Kauai. New "Host Compliance" software is the opposite of "complaint -driven" enforcement Bill 47 is, as you say, "just the first step". Setting up a legal structure to have as many reasons as possible to cancel, relentlessly fine and shutdown vacation rentals. You are also shopping for a $300,000 vacation rental enforcement software that will capture and track everybody advertising and create an electronic file with over 150 data points on every vacation rental advertising on the island. Bill 47 defines advertisements as prima facie evidence. The enforcement software will help to find all kinds of unrelated violations and give you the perfect "evidence package" for enforcement. Heather Kimball quote: "The Planning Director has mentioned some additional funding for some software around what we would be able to use to create the dataset that we need to do enforcement legally. " Of course, the evidence will be even stronger with the registration information. Now you will have homeowners directly admitting "guilt" that they have been operating a vacation rental and provide you with a drawing of their property and other pertinent information. Homeowners acting in good faith, thinking that this is what they have to do to be able to continue their vacation rental. COMM. �E �� ROE Ref. Da��e � — 4 2025 Bill 47 - Definition of "Hosted" Did you catch Heather Kimball's verbal explanation of "Hosted" during the last Council meeting on June 21? She says that the host has to be physically present at the property during operations. She says if not, they are considered "unhosted" which then makes it an "illegal" vacation rental. So if the host is caught shopping at Costco, or God forbid, has another job, they are now "guilty"? Of course, this is not what the general public understands when reading bill 47. They would never think they were doing anything wrong when they went to "register" as a hosted vacation rental under Bill 47. This example shows a motive to entrap. The people you are collecting registration info from and targeting are the very people who are trying to do everything correctly and register with you. They were told, when Bill 108 was enacted, that hosted vacation rentals could continue to operate. You are also going after select legal unhosted STVRs on agricultural land that signed up with the county in 2019 and received a nonconforming use certificate NUC. You are now trying to take away existing NUCs. All these homeowners have vested legal rights. Bill 47 is a punitive registration scheme to circumvent legally protected property rights. Bill 47 — Who is or will be made illegal? You are saying that with Bill 47 you are going after illegal vacation rentals, "primarily unhosted in residential and agricultural districts" (see Heather Kimball slide presentation). We are missing the definitions of what exactly Hawaii County considers illegal. Are vacation rentals on agricultural lots created before 1976 legal? Which vacation rentals are illegal per Hawaii County? Does this include vacation rentals you will now make "illegal" by your new definition of "hosted", which forces the host to stay home 24/7 during operation of the vacation rental? What other requirements will you come up with in the future, just in order to shut down more vacation rentals? 80% of all vacation rentals are in the Resort Districts 6 and 7, and mostly in permitted zoning. Why are you selectively enforcing in residential/agriculture zoning, against the rest of the island? Do you NOT support locally owned vacation rentals outside of resort zones? Please explain. Can you show data that supports your enforcement priorities? In fact, I would really like to hear from Ashley Kierkiewicz, who is our representative, to tell us what the main economy in Puna is, how people make a living and how she is supporting vacation rentals? What are we registering for? Bill 47 and how it's being presented to the public is so deceptive, it is evil. To set people up with an innocent looking registration is disgusting. I will not be registering under this bill. This bill can not be fixed because the intent is to destroy. You are threatening our local economy, people's livelihoods and homes.