LIHUE — County Planning Director Michael Dahilig outlined to the Kauai County Council Wednesday the Planning Department’s plan to step up enforcement of Transient Vacation Rentals. Two weeks after skipping a request from the council for an update on collaboration
LIHUE — County Planning Director Michael Dahilig outlined to the Kauai County Council Wednesday the Planning Department’s plan to step up enforcement of Transient Vacation Rentals.
Two weeks after skipping a request from the council for an update on collaboration efforts with the county prosecutor on enforcement of transient vacation rental laws, Dahilig apologized to the council and said he would lay out a “comprehensive picture” of what he is doing.
“I’m here on my own free will; I’m here and I’m not invoking any types of privileges,” he said at a council meeting.
On May 22, Dahilig and County Prosecutor Justin Kollar were supposed to brief the council on their efforts going after TVR violations. But Dahilig was a no-show under the advice of County Attorney Al Castillo, who wouldn’t tell council members the reason, citing “privileged information.”
On Wednesday, Dahilig said he was “truly apologetic” if any action or miscommunication given to the council was seen as disrespectful.
After Ordinance 864 in 2008 and Ordinance 876 in 2009, both regulating TVRs operating outside Visitor Destination Areas, the Planning Department received numerous non-conforming use permit applications.
Out of 435 requests, there were 135 denials. More than 70 were appealed, including those on state agricultural lands, according to Dahilig. After some “legal wrangling” following the round of denials, he said an additional 69 applications were approved. The two ordinances did not allow TVRs on ag lands to apply for a permit.
Then in 2010, the council passed Ordinance 904, which gave TVRs operating on ag lands a chance to apply for a permit. The ordinance also removed a previous rule that allowed the public to contest the renewals based on “loss of quiet enjoyment,” and eliminated the need for physical inspection, Dahilig said.
There were 56 applications processed following passage of Ordinance 904, he said.
In order to receive a certificate, a TVR should have been operating before March 8, 2008, and should have paid taxes and have booking records available, among other requirements. Applicants also had to sign an affidavit.
There have been allegations that the department had improperly issued TVR certificates, according to Dahilig. “Generally,” those allegations were based on non-compliance with other land use laws, he said.
“What we determined, in taking a look at some of the recent articles online, is that there are in fact, violations of these other laws, and there is genuine health and safety concern when it comes to things like flood violations,” said Dahilig, referring to Joan Conrow’s online blog.
Dahilig said there is a need for an efficient and accurate file management system. His department oversees management of 644 files, and each one requires verification and cross checking, he said. Additionally, about 80 percent of permit-renewal requests come in right before July 1, creating an “episodic situation,” he said.
“We have to literally shut everything down between July and October because of the cross checking that is required,” Dahilig said.
Denials lead to contested case hearings, which are complex, expensive and labor intensive. Since enactment of Ordinance 904, there has been 16 contested case hearings, according to Dahilig. Castillo said a few weeks ago each of those cases could cost the county between $10,000 and $35,000.
The Planning Department is currently trying to increase enforcement efforts through a string of measures.
Some of these include seeking approval of new enforcement rules, putting focus on cases where evidence is easily available, staying on top of deadlines, reorganizing file management and implementing a digital database before July, taking advantage of a partnership with the Office of Prosecuting Attorney, reassigning staff and adding a temporary clerk for contested-case hearings, according to Dahilig.
He said a multi-department team will focus on “egregious cases,” with a goal of presenting a case before the hearings officer or a judge within 90 days.
Some council members were still concerned that if permits were granted without proper documentation, it may be difficult to revoke them.
• Léo Azambuja, staff writer, can be reached at 245-0452 or lazambuja@ thegardenisland.com.
