Loading...
HomeMy WebLinkAboutVaverko, Daniel Tsuneda, Kaci From:Dan <dvaverko@gmail.com> Sent:Tuesday, November 3, 2026 1:51 PM To:Council Testimony Subject:Bill 147 (Draft 3), Relating to Transient Accommodations To: Chair and Members, Hawai ʻ i County Council Position: Support with amendments Aloha Chair and Councilmembers, I support Bill 147 (Draft 3) and ask the Council to make six targeted amendments before final reading. Draft 3 is a real improvement, and these changes would make it fair to the responsible, registered operators who already follow the rules. About me I live in Kailua-Kona and have hosted on Hawai ʻ i Island since 2014. I want clear rules and real enforcement against illegal operators. I also want the rules to be fair to the people already doing it right for the past decade. What we support in Draft 3 Please keep these provisions as written: 1. Warning letter before any fine (Section 5). Giving owners notice and a chance to correct a problem is basic fairness, and it lets the County focus on bad actors. 2. More than five bedrooms in Resort and Resort Node areas (Section 3). Large homes in resort areas are built for visitors and should not be forced out of the market. 3. Hosted rentals in residential zones without a use permit (Section 7). This matches the Planning Department's current practice and gives hosts on their own property a clear path to comply. 4. Protection for existing RM properties with prior plan approval (Section 7). Owners who bought under the old rules should not lose their use overnight. 5. The STVR enforcement fund (Section 1). Fees from compliant operators should fund enforcement against illegal ones. Requested amendments 1. Set a clear cure period and notify the manager (Section 5, 25-2-__(c)). The warning letter should give at least 30 days to correct or respond. It should also go to the registered host or reachable person, not only the owner. Many owners live off-island and rely on a local manager to act quickly. 1 2. Make fines proportional (Section 5, 25-2-__(a)). A daily fine of up to twice the nightly rate plus $5,500 to $10,000 is the same for a missing posted notice as for an illegal unit. Please create a lower tier for administrative or first-time violations of the operational standards, and reserve the top tier for operating without registration or ignoring a warning letter. 3. Treat a valid registration as proof of legal use (Section 5, prima facie evidence). An active listing alone should not shift the burden to an owner who holds a current TVR registration or nonconforming use certificate. A valid registration on file should rebut that presumption. 4. Protect nonconforming use certificates from automatic revocation (Section 7, 25-4-C(c)). As written, cancelling a registration automatically revokes the NUC, which may never be recovered. A paperwork lapse should not end a use the County approved in 2019. Please require written notice, a cure period, and a right to appeal before an NUC is revoked. 5. Extend the enforcement grace period (Section 23). The current enforcement delay under Ordinance 26-63 ends December 31, 2026, only weeks away, and Section 23 would extend it just one more year. That is not enough time. Registration only opened in September 2026, and owners will need planners, architects, and County reviews to come into compliance. Please extend the delay to December 31, 2028. 6. Give a long, protected window for building permit compliance (Section 23). Many older island homes have additions or units built before current permitting, and after-the-fact permits can take years to clear County review. Please give existing registered TVRs at least 36 months to obtain any building, electrical, plumbing, or related permits required under chapters 5 through 5F. Enforcement should be paused while a complete permit application is pending, and County review delays should not count against the owner. Where permitting triggers wastewater or septic upgrades, the same extended timeline should apply to the extent the County has authority. Closing Registered operators answered the County's call to register in good faith. These amendments keep Bill 147's goals intact while making sure the rules land hardest on illegal operators, not on the residents and owners already in compliance. Please pass Bill 147 (Draft 3) with these amendments. Mahalo for your time and for the work you have put into this bill. Respectfully, Daniel Vaverko Kailua-Kona, Hawai ʻ i 2