Petition to the Kauai County Council
3/21/07
"We, the people of Kauai, individually and jointly in the form of this notice, petition the Kauai County Council to carefully reevaluate and reconsider their currently proposed Bill No. 2204 regarding the regulation of a variety of kinds of vacation rental properties in Kauai. We specifically ask the county to clearly include in the bill and therefore reiterate the current Hawaii Revised Statutes ("HRS") Section 46-4, which expressly states:
Neither this section nor any ordinance enacted pursuant to this section shall prohibit the continued lawful use of any building or premises for any trade, industrial, residential, agricultural, or other purpose for which the building or premises is used at the time this section or the ordinance takes effect; provided that a zoning ordinance may provide for elimination of nonconforming uses as the uses are discontinued, or for the amortization or phasing out of nonconforming uses or signs over a reasonable period of time in commercial, industrial, resort, and apartment zoned areas only. In no event shall such amortization or phasing out of nonconforming uses apply to any existing building or premises used for residential (single-family or duplex) or agricultural uses.
We further ask that the county provides an Amnesty program, during which an appointed individual or group be sanctioned by the county as an Ombudsman designed to assist TVR's in their transition to compliance with the final bill when passed. The Ombudsman would be responsible for discussions with existing B&B, and vacation rental business owners on a one by one basis, by phone, email or with a personal appointment to answer pertinent questions about location, zoning, permitted use, and how to ensure their business continues to exist (grandfathering-in). This individual or group should clearly state to all parties that any information it gathers in an attempt to aid small businesses on Kauai will not be used to their detriment, by any other department.
To support this request, we hold the following statements to be true. Many Kauai residents depend on vacation rental businesses to either provide or supplement their monthly income to support their families. The vacation rental industry on Kauai, especially the many small Inns, cottages, vacation rentals, and B&B's support a variety of other small business and individuals working in the services industries for those properties. Most of the revenues earned from these vacation rental operations stays on Kauai and enriches everyone in our community.
To render, either intentionally or indirectly, any existing vacation rentals or B&B on Kauai illegal would put many of Kauai's families' livelihoods at stake and weaken our local economy. There is a fine balance between success and failure on Kauai. There is no industrial base to support the jobs and livelihoods that the mainland enjoys. Most people here have two or three jobs just to keep ahead of the mounting bills, many of which are amongst the highest in the nation. This fine balance creates a tipping point and a sudden rift in the economic fabric of Kauai could cause severe repercussions, the extent of which is hard to calculate. As multiple businesses, dependant upon vacation rentals, suddenly fold and homes must be sold, a local recession may be triggered with shock waves reverberating through Kauai, affecting Individuals, Real Estate companies, Stores, Banks, Small Support Businesses, and finally the tax base for the county and state. No-one wants that to happen, especially the individuals elected by we, the people of this island, to serve us.
As we have heard voiced in the recent legal position from Jonathon Chun, "while nonconforming use of a property may be deemed to be undesirable by a small portion of the community, it nonetheless constitutes a legitimate, vested property right and clearly enjoys broad constitutional protection...Vested property rights are not easily lost or voided".
It seems that one of America's greatest human rights and life treasures is at stake here: the right of an individual, to make his or her own fortune, to use his or her own land for whatever legal purposes he or she deems fitting and appropriate to suffice his or her family financially. To Be their own boss.
Isn't that the American Dream that "We The People" all aspire to finding?
Besides, who are we to restrict the accommodation choices to the over 1 million tourist visitors we share the island with each year. Vacation Rentals and the industry provide that simple, unique experience to those vacationers who by their own personal choice seek to stay at a vacation rental or B&B, live among the community, share the local experience, and live aloha for that short period of time they are with us.
What is so wrong with working collaboratively in an attempt to partner with other industry stakeholders to resolve issues we are faced with today and get on with consensus building. As the people of Kauai, isn't our vision for a sustainable island the same?"
Take Action! Sign the Petition NOW!
Sign the Petition (Kauai Residents & Propert Owners)
Sign the Petition (Kauai Visitors & Tourists)
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