Wednesday, November 9, 2011

Commission Inflexible About Deadlines

Here are 3 stories where Vacation Rental regulations are sloppy about what the rules are, and owners were denied the right to operate because of differences between government interpretations and owner interpretations of the regulations.  In one case, the owner was threatened with criminal prosecution for continuing to operate the VR due to a missed deadline.  VR owners are not criminals.

The story:

LIHU‘E — When the Kaua‘i County Council last year passed Ordinance 904 — allowing certain owners of transient vacation rentals on ag lands to apply for a permit — those opposed to the bill feared the new law would allow hundreds of new tourist units on lands zoned agriculture.
But Planning Director Michael Dahilig said only 81 TVR owners applied by the Aug. 16 deadline. And not all of them met the necessary requirements.
On Tuesday the county Planning Commission granted his motion to deny an appeal by the owners of three TVRs who had been denied a permit on the basis of an incomplete application. Dahilig’s reason was that the appellants’ attorney, Charles Foster, appealed the denial more than 21 days after the planning director’s decision.
However, as in most legal matters, interpretation of the law and of the events is key.
The crux of the matter here is what really set the hour-glass for the deadline: Was it Dahilig’s signature or the postmarked date?

Read all 3 stories ...

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