Hosted (owner occupied) Short Term Vacation Rentals

[dobanion]

Seems to me "enforcement" was always BS, and everyone has caught on.

[kalakoa]

I know of one episode where "enforcement" happened.

Several years ago, Buccaneer Gardens decided to host a rave. They advertised on social media and printed little flyers which were being passed around town. Police set up a "DUI checkpoint" at the top of Road 1 and turned most of the partygoers around. Then they went out to Buccaneer Gardens to meet with the owner/organizer, who insisted that he didn't need any permits "because this is all Ag zoning". Police proceeded to send every relevant County agency, including DOH (wastewater issues).

Meanwhile, live music and illegal food preparation at the underground pizza joint was allowed to run for years. Police drove by a number of times (on their way to something else) and even visited at least once to ask if anyone had heard gunshots. During this visit they made a point of not seeing anything that was going on.

These anecdotes should well illustrate the threshold of "enforcement": it does happen, but you really have to work at it.

[My 2 cents]

They advertised on social media and printed little flyers which were being passed around town.

This was the difference.  It could be argued that the pizza joint was simply having private parties.  He was very adamant that people should not post on social media.  Even had a sign saying as much.

[kalakoa]

Point being, "anything less than the pizza joint" (live music, maybe 100 people) is OK, so a DeadCarBNB has no chance of attracting enforcement.

In some ways it's all quite comical. I've been told "you picked the cheap land and low taxes, what did you expect?"

[Obie]

Instead of bitching endlessly on Punaweb or Facebook, why not fill out a complaint form with the County.

I have used this several times and the County has followed up and sent me emails with the results of their investigation.
I have a branch of Pacific Quest next to me. They bought a large home in HPP and established a group home without the proper permits. I had complained to Pacific Quest about the noise and bright lights at night. They keep these kids under 24 guard. They ignored me so I filled out a complaint form and the County rectified my problems.

https://records.hawaiicounty.gov/weblink...%20PDF.pdf

[terracore]

I've often wondered if the county's animal control shelter in Orchidland is legal, or if they are paying appropriate road fees for running county funded vehicles and forcing private individuals to do the same by their enforcement actions ("come pick up your dog").

What happens if you report the county to the county?

[kalakoa]

What happens if you report the county to the county?

They investigate themselves and find no evidence of wrongdoing. Later, a trio of inspectors (building, plumbing, electrical) will show up at your house and demand that you let them check everything out.

Instead of bitching endlessly on Punaweb or Facebook

Because it's better than streaming "Milf Manor"?

[Chas]

Is there a way to check if a property has a STVR permit?

[dobanion]

Great question. I can tell you where the record isn't, and that's on the county tax webpage. Place that I know of for certain is a STVR and has an advertised registration # on VRBO, doesn't show anything on the tax website.

[terracore]

From: The Ohana Aina Association
Date: March 26, 2024 at 8:25:55 PM HST
Subject: Sign the Petition
Petition Opposing Bill 121
On January 23, 2023 Hawaii County Counselors Heather Kimball and Ashley Kierkiewicz introduced a draft bill that will financially impact the more than 7,500 families who rent a bedroom in their home or an ohana on their property.

The bill was met with overwhelming opposition by kama'ania families. The short-term rental bill was blasted as Dozens express strong opposition to County Council’s TAR measure, but it still passed out of committee with an 8-0 vote.
Though this bill has been presented as a simple registration, it isn't. Homeowners are expected to sign sworn affidavits, disclose where in their home they sleep, provide floorplans and submit to enhanced oversight by the Planning Department. this bill takes away significant private property rights and further burdens local small businesses with onerous regulations. The proposed fees are unaffordable and the proposed fines, when combined with an appeals process that can run for years, are catastrophic to anyone who the Planning Director decides he doesn't like.

This bill will significantly impact farmers who depend on agri-tourism. It seriously restricts the ability of families who live on agriculturally zoned land to participate meaningfully in Hawaii's main industry. This impacts the financial viability of farms and puts local food production in jeopardy.

The bill also ends the ability of landlords to rent for less than 180 days. This will severely impact the ability of young people, newly arrived residents, inter-island travelers, traveling professionals, newly divorced couples and even homeless individuals to access housing. It is also a violation of the 5th Amendment to the US Constitution and will result in significant litigation which taxpayers will pay for and Hawaii County will lose.
The County proposed the bill without conducting any independent studies, holding any listening sessions or collaborating with any of the several groups who represent families and farmers.
This petition is a humble respectful request to our elected officials to withdraw this legislation before it harms the families who depend on vacation rental income for their livelihood.
As a resident of Hawai’i County, I respectfully request:
• Counselors Kimball and Kierkiewicz withdraw the current proposed legislation and re-start the process by listening to families potentially affected by the bill.
• Hawai’i County initiate an independent study from qualified academics with a focus on past legislation’s direct impact on affordable housing, homelessness, income inequality and home prices. This study should also review other independent academic work both nationally and internationally in order to forecast the proposed bill’s effects on families and the local economy.
• Conduct island wide listening sessions with farmers, farmstay operators, homestay operators, vacation rental operators and local neighborhoods to get feedback and ideas prior to drafting new legislation.
• Publicly disclose the number, type and location of all complaints related to homestay and farmstay operations including grouping complaints by complainant.
• Draft the new legislation in collaboration with stakeholders using an open online tool such as Google Docs that discloses the writer and editor of each clause and allows the general public to comment on the legislation as it is drafted.
• Fully enforce current legislation regulating vacation rentals and study the results before passing new legislation intended to solve the same problems.
While I am not opposed to common sense regulation, I am opposed to a legislative process that does not include rigorous investigation, stakeholder involvement and uniform enforcement.
My vote on August 10th will be strongly influenced by the County’s future behavior in this matter.

Sign here: http://www.oaahawaii.org/petition_bill12...r_id=48052