HomeMy WebLinkAboutCOM 0739.232 2016-2018JEN RUGGLES
Council Member
District S — Puna Mauka,
Pahoa Mauka, Kalapana
Phone: 808-961-8263
Fax: 808-961-8912
Email: Jen.Ruggles@hawaiicounty.gov
Public Works & Parks and Recreation
Committee Chair
Public Safety & Mass Transit
Committee Chair
Hawai `i County Building
25 Aupuni St. Suite 1402
Hilo, H196720
HAWAII COUNTY COUNCIL
. o-<
DATE: July 24, 2018
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TO: Valerie T. Poindexter, Council Chair.
And Members of the Hawai'i County Council
FROM: en Ruggles, Council Member
SUBJECT: Proposed Amendments to Bill No. 108, Draft 3, An Ordinance Amending Chapter
25, Article 4, of the Hawaii 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. r
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.
La) If any short-term vacation rental is found to be operating unlawfully, or otherwise in . x
violation of any provisions of this chapter, enforcement shall be pursuant to [
-3-5-.] article 2 of chapter 25.
If a neighbor submits evidence of an internet advertisement for a short term vacation 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 30 days from the filing of the
complaint. ""Neighbor" means gAy property owner or tenant all or any part of whose
principal residence is within a 1,000 -foot radius of real Droperty on which a short-term
residential rental occurs."
Lc,) If a short term vacation rental is found to be operating unlawfully, the Planning
Department, must begin enforcement with the issuance of a Notice of Warning. If the
Hawai `i County is an Equal Opportunity Provider and Employer
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.
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)
egistration;(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.
Le,) After 3 violations; the investigation shall be assigned to Corporation Counsel who must
initiate compliance in Court within 30 days after the appeal period has expired and the
short term vacation rental owner has not appealed.
Thank you for your attention to this matter.
JR/nh