HomeMy WebLinkAboutCOM 0739.091 2016-2018?/K
From: Ted Klassen.0 WYCL
ERK 'VILL �0%
QF HAWAII m �w
To: Council Testimony w ` I
Subject: Written Testimony AA
Date: Saturday, June 02, 2018 2:08:51 PM '18 JUN -4 ffi •T:• 51
Aloha to all those concerned and voting on Bill 108. Please accept this as my written testimony.
Recent changes to Bill 108 appear to be focused on solving a few symptoms of a more severe
condition.
The application of a band aid solution will only create additional work for lawyers and the people
enforcing the Bill. The courts will be working on these additions for years to come and we will be no
further along with addressing the main condition.
There are a few questions that arise:
How will you measure the audible sound, and what levels are currently acceptable when
"associated with a residential area"
o This appears to be a moving target. How will the noise level be determined, is it
decibel levels, someone's judgment? Is that as loud as a baby crying, dog barking, a
loud TV or a car alarm. The lawyers will earn a lot of money trying to determine the
imaginary line. Does this apply to the resident or property owner who may be next
to a short-term rental? Will the guest be able to register a complaint against the
property owner if they are disturbed by audible sound?
Is non- amplified sound that is audible beyond the property line of a short term rental
acceptable?
o How, will someone determine if the sound is amplified. Will sound from a cell phone
speaker or one connected to an interior TV sound bar be acceptable or are built in
outdoor speakers exempt and if not, what decibel level will be acceptable? Will
someone need photos or how will you know it's amplified? Will another neighbor be
able to register a complaint against a long-term resident or will a guest in a short-
term rental be able to place a complaint against a property owner, if the property
owner is amplifying sound that exceeds the boundaries of their property?
• Is it possible to determine "unreasonably disturb adjacent neighbors" during Quiet hours?
o If there is no definition of reasonable, how is unreasonable determined. Is there a
scale, will a system be created to assist in determining the terms?
• Does this good neighbor policy also apply to longterm rental properties or owners?
o We have heard some testimony that some short-term rentals are better for the
neighborhood, because the guests will leave on average in one week. Where a long-
term renter is there for at least 6 months. If not, is this discriminating against an
owner's choice to rent either short term or long term?
• Who determines if the Owner or designated contact person is or is not reachable?
o How will that be determined by phone records, or some other means of tracking? If
the contact number is called and not answered on the third ring does that constitute
not reachable. When does the timer start? Our phones have an option to leave a
message or connect to a live person? What if they leave a message instead of talking
to a live person?
o Who determines if a call is deemed valid? For example: a contact person responds
within an hour because an outside light remains on due to a faulty switch. This would
not be deemed an emergency or a nuisance to anyone, and then the next-door
property owner calls back four times that night regarding the same issue. Is it
deemed reasonable that the designated contact person go to the home four times or
will they have to break the light to solve the issue. Again, who is deemed to be the
judge in these cases. (This is a real-life example)
My understanding of the current wording suggests it will create additional court challenges and
issues for both the County and the people operating legally and without concern. As I have
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mentioned in written testimony before, there are Hawaii based laws already in force under
Chapter 467 (Real Estate Brokers and Salespersons). By addressing those inside this Bill, you will be
able to build on those current laws which have already been court and discrimination tested while
cleaning up the industry. If not, with the current wording of Bill 108, it may entice those currently
operating under Chapter 467 to abandon those monetary and educational commitments, as well as
the required ethical guidelines and operate as an unlicensed property manager, as it appears this Bill
is encouraging that approach.
I am not opposed to addressing the vacation rental issues and believe something needs to be done.
Please review the current terms and adjust, or create a committee with industry knowledge to
create a Bill that solves more issues than it creates. I would be happy to volunteer time to address
or sit on a committee devoted to solving the issues.
Please defeat this Bill as it is currently written and let's create a solid go forward document that
addresses all the issues. Mahalo for listening.
Mahalo Ted Klassen
Ted Klassen
745565 Luhia Street, #101
Kailua Kona, HI
96740
808-329-2140