HomeMy WebLinkAboutCOM 0739.093 2016-2018'COUNT Y. LERK
UR Y OFA
From: Steve Lopez
To: Council Testimony 101'0 JUN "`° Am = ,1 ((DO V1.
Cc: 808slopez(a)amail.com
Subject: Committte on Planning, June 5, 2018 - TESTIMONY BILL 108
Date: Friday, June 01, 2018 12:40:30 PM
Aloha Councilmembers,
First I wish to express my full support for the intent of Bill 108 and for your diligence to bring it
to the public for review and comment. I've been following this bill closely as I have been
negatively affected and know first hand of those who would skirt the requirements and/or
have little care for the impact they bring.
find the current version of Bill 108 continues to be deficient in the following areas and ask
your examination to make it a better bill. If passed as written it continues to perpetuate bills
that hold great promise but have so little teeth that passage becomes moot.
Specific points to bring to your attention are
1) The addition of being a good neighbor is a great attempt but I fear issues due to the
subjectivity of any violation. Leaving the assessment of "reasonableness" to HPD or neighbors
is highly unlikely to gain consensus without being absolutely blatant. To my knowledge, the
county does not have noise monitors and HPD is loath to address something like this that has
no definition other than "what would be normal". I ran into this issue when living in Makalei
Estates as homeowner and when working with Councilmember Pilago to introduce a noise
ordinance — both instances failed. Finally, you are placing HPD in a lose -lose position to make
the determination of reasonableness and calling them to intervene when on more critical
patrol matters.
2) The "director" is responsible for enforcement (HCC 25-2-35 and HRS 205) but there is no
defined process for reporting violations including some reasonable time to address and
respond.
3) Keeping the permit approval in effect when a sale of property happens opens the door
to abuse. This bill does not address that the new owner is required to prove TAT/GET since it
does not require verification when the property changes owners. Any problem simply
continues or the new owner does not get the GET/TAT license; it's not transferrable. Like real
property does with homeowner exemptions on the sale of property, so should Bill 108 require
report of the sale and application by the new owner. The current exemption lapses.
4) By including AG in this Bill are you automatically assuming the "director" has the duty of
validation and enforcement? Certainly provided and directed to the counties in HRS 205-2,
205-6, 205-8 and 205-12 that includes permitting done by the county with reports to the State
Land Use Commission. So far, however, it appears our county either does not know they have
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the burden, vis-a-vis HRS, or is simply turning a blind eye to that responsibility as one resident
found out in reporting a negative short term ,rental on AG land and was told "we don't' deal
with short term rentals". Clearly contrary to HRS. It would be good to clearly indicate the
enforcement provision for AG zoned property along with a process for reporting is included as
the responsibility of the county per HRS.
5) Finally, I fail to understand why, with the strong drive to outlaw cesspools, that
Environmental Management or DOH is not included as a check point in any approval of a short
term rental. The problem I'm pointing to is that we have, as noted by another in my circle, a
short term rental currently existing on AG land that has a permitted cesspool for a 1 bedroom
home as noted in tax records. However, how is unknown, this violation is providing short term
rental to accommodate in a 5 bedroom home. On reporting this to DOH, the person wasJtold
that there is no follow-up on this situation. If asked, I can produce the individual that
experienced this incident., At the very least, waste management should be assessed at all
times for any permit that seeks to operate a short term rental to ensure it conforms to as -built
code. It does not take a giant leap to expect this type problem is pervasive given the
economic advantage to cram as many into a home as possible. The current accepted practice
fly's contrary to the DOH position on cesspools and septic systems when occupancy is
different from the as -built approval.
Mahalo for your consideration of this testimony as we collectively work to make Bill 108 a
much better bill and close very visible loopholes.
Stephen D. Lopez
Kailua-Kona, H