HomeMy WebLinkAboutCOM 0739.146 2016-2018 JEN RUGGLES -;41:1,".f:rte;, Public Works&Parks and Recreation
Council Member cc•••Lc. •. `'•., Committee Chair
District S— Puna Mauka, \)S' Public Safety&Mass Transit
Pahoa Mauka, Kalapana *: t 1;tZ'I* Committee Chair
Phone: 808-961-8263
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. Hawai`i County Building
Fax: 808-961-8912 25 Aupuni St. Suite 1402
Email:Jen.Ruggles@hawaiicounty.gov Hilo, HI 96720
HAWAII COUNTY COUNCIL :mcD
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DATE: July 10, 2018
TO: Valerie T. Poindexter, Council Chair a
And Members of the Hawai'i County Council
FROM: OX-Jen Ruggles, Council Member
SUBJECT: Proposed Amendments to Bill No. 108, Draft 3, An Ordinance Amending Chapter
25, Article 4, of the Hawai`i County Code 1983 (2016 Edition, as Amended),
Relating to Short-Term Vacation Rentals.
Attached please find proposed amendments to Bill No. 108 Draft 3. The proposed amendments
are illustrated below in Ramseyer format with respect to the contents of Bill No. 108, Draft 3;
material to be deleted is bracketed and stricken, and material to be added is underscored.
A draft copy of the proposed Draft 4 of the bill,with these amendments is not attached.
1. SECTION 2 OF Bill No. 108, Draft 3, section 25-4- .3 titled"Enforcement,"is amended
to read as follows:
Section 25-4- .3. Enforcement.
If any short-term vacation rental is found to be operating unlawfully, or otherwise in
violation of any provisions of this chapter, enforcement shall be pursuant to [section 25 2
a-5-] article 2 of chapter 25.
(b) If a community member submits evidence of an interne advertisement for a visitor
rental where a required non conforming use permit does not exist or the rental is in a non-
permitted zone,then the Department must investigate within 14 business days.
If a STVR is found to be operating without a non conforming use permit,the Planning
Department, must begin enforcement with the issuance of a Notice of Warning. If the
violator does not cease advertising and operating within 7 days, or demonstrate that the
advertising is not within their control,the department shall issue a Notice of Violation,
including a daily fine. Comm. No. -13(1.
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Ref. To: iT I PC.
Hawai`i County is an Equal Opportunity Provider and Employer Ref. Date 11 t V.11104
id,) In lieu of or in addition to enforcement pursuant to subsection(a)the director shall further
impose additional civil fines as follows:
(1) For an owner who has not been subject of a final decision finding a violation relating
to their operation of a short-term vacation rental without a permit, certificate, or registration
within the last five years, no more than$1,000 per day or the offered rental rate, whichever
is greater, for each day that the rental property was advertised, offered, or operated as a
short-term vacation rental without a required permit, certificate or registration;
(2) For an owner who has been the subject of a single final decision finding a violation
relating to their operation of a short term vacation rental without a permit, certificate, or
registration within the last five years,no more than $2,000 per day or the offered rental
rate, whichever is greater, for each day that the rental property was advertised, offered, or
operated as a short-term vacation rental without a required permit, certificate or
registration;
(3) For an owner who has been the subject of a single final decision finding a violation
relating to their operation of a short term vacation rental without a permit, certificate, or
registration within the last five years,no more than$5,000 per day or the offered rental
rate, whichever is greater, for each day that the rental property was advertised, offered, or
operated as a short-term vacation rental without a required permit, certificate or
registration.
After 3 violations, the investigation shall be assigned to Corp. Counsel who must initiate
compliance in Court within 30 days.
Thank you for your attention to this matter.
JR/nh