HomeMy WebLinkAboutCOM 0739.088 2016-2018From:
David Currier
To:
Council Testimony
Subject:
Comments on Bill 108
Date:
Thursday, May 31, 2018 8:05:37 PM
I've read the latest revised version of Bill 108.
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I'm still concerned that the tone of the new legislation is accusatory and punitive towards people who have not
been breaking any laws.
I believe that most of us hosts are interested in a vacation rental bill that is manageable, fair, and enforceable, and
which is clearly and completely written by the council and not by unelected department heads and their staff.
• Will the headcount of the Planning Department be increased to manage vacation rental applications?
• I continue to see legal risks for the County and hosts when the Planning Department is authorized to
create any "lists" of requirements for any portion of this bill. The Council should define in detail each
component of an application as well as each document required in an application. Not doing so opens
the door for non -elected officials and clerks to treat applicants differently.
• NOT ACCEPTABLE: The registration form, at a minimum, shall require verification that State of Hawai'i
general excise tax and transient accommodations tax licenses are in effect, and certification that the
requisite amount of parking pursuant to section 25- 4- 51, is available.
• In the County of Hawai'i, as has already occurred in other counties, allowing a use permit to be carried
through with the sale of a property will have inflationary effects on home values - depressing values for
homes that do not have a permit when sold after this bill becomes effective. I oppose this provision. A
permit for an address should become void upon the sale of a property.
• NOT GOOD: Upon change in ownership, the registration shall automatically continue, subject to
termination by the new owner.
• The wording of this section makes the assumption that bedrooms have doors. I know several that do
not; yurts quickly come to mind, but even a cottage may have one room, no bedroom doors, and all
doors to the rental are glass. The author(s) seem to be thinking "condo" or whatever. Does it really
matter where the information is posted? It sounds like it was written by the hotels.
• NOT THOUGHTFUL: A copy of the registration or nonconforming use certificate, as well as the
designated contact person' s name and phone number, shall be displayed in the back of the front
door of the sleeping quarters.
• Again, this next section seems to leave too much up to the Planning Department. This is not a set of
business regulations for a private company. These rules impact voters and should be developed, written
and approved by elected officials not "employees". I've made some comments within this text copied
from the revised Bill 108. Since this is a County ordinance, We hosts complete our periodic TAT and
GET for the State, and we annually complete our State of Hawai'i income tax returns. That should meet
the detail that Planning needs to determine that a host operates honorably. The federal income tax
return does not need to be here to further burden the approval process.
• Good standing. The applicant seeking a short-term rental nonconforming use certificate shall have the
burden of proof in establishing that the property was in use and in good standing prior to July 20, 2018
(I prefer effective date of this ordinance.] Evidence of prior use that shall be provided to the
director may include [No, "must include,,,,"] tax documents for the relevant time period, including:
State of Hawaii general excise tax filings; transient accommodations tax filings; and federal and State
of Hawaii income tax returns.
• I repeat that I believe the $500 fee is too high; not for me, but for many others. In my opinion the
amount, this high amount is driven by those interests who would prefer that transient rentals just go
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away. I'd prefer to see the original application have a fee associated with it of $200, and schedule
renewals for $100 every 5 years (to relieve the Planning Department of a deluge of applications).
Application rules should apply to all hosts, those within and outside"permitted" zones.
• Renewal fee. The applicant shall pay a renewal fee of $500 to the director of finance.
• What about new TVRs after the licensing process for pre-existing TVRs is completed?
We have evacuated our home in Seaview because of smoke, gas, and quakes.
Mahalo for taking time to read my ideas,
David Currier
Unspoiled Big Island, Hawai'i is waiting for you.
Our vacation rental Hale Melemele on Big Island can be
your "ohana away from ohana."
https://www.airbnb.com/rooms/88167 1 3