Sunday, July 20, 2008

Illegal TVR Operator on Maui faces $214,000 in Fines

Today's Maui News (‘Landmark’ case being built against TVR owner) reports on a recent battle in the ongoing war on illegal transient vacation rentals ("TVRs") in Maui County.

To start, a TVR on Maui “means occupancy of a dwelling or lodging unit by transients for any period of less than one hundred and eighty (180) days.”  TVRs are permitted only in the county's hotel district.  However, the county council granted at least eight ad hoc conditional use permits for TVRs in other districts, as reported by the county in September 2007.  (SeeMaui to Consider Transient Vacation Rental and Bed and Breakfast Bill.)

The TVR at issue here received multiple warnings and a cease-and-desist order according to county zoning enforcement personnel, but it continues to operate without a permit vexing its neighbors who repeatedly complained to the planning department.  The TVR operator will challenge the fines levied by the county for violating the county zoning code.  Fines can be as much as $1000.00 for the violation and $1000.00 per day for so long as the violation continues.  This case will be heard by the county's Board of Variances and Appeals at a date to be determined.

For additional discussion on the TVR issue on Maui and other islands, see Transient Vacation Rentals/Units.

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