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Council explores enforcement, collections and use of tourism funds behind gates
Summary
Workshop covered enforcement limits (collecting fines from out‑of‑state owners), deputizing code officers, short‑term rental local‑agent requirements, and how state and local accommodations taxes can be used for tourism infrastructure or services on Kiawah Island.
Council members and staff raised practical enforcement and funding questions tied to the island's gated geography: how to collect fines from out‑of‑state property owners, who can issue uniform ordinance summons, and whether public funds (including accommodations tax proceeds) may finance infrastructure or services that primarily benefit gated properties.
Eric Scheidel explained that municipalities commonly use the uniform ordinance summons and deputized code enforcement officers to establish municipal‑court jurisdiction, but collecting fines from nonresident owners is often impractical without a local agent or other contractual hook. He said municipalities frequently require short‑term rental owners to designate a local agent to accept service and manage compliance; that practice solves many due‑process and collection problems.
On funding, Scheidel said state accommodations tax (ATAX) rules typically allocate a portion for tourism promotion and allow tourism‑related expenditures; recent attorney general guidance in other localities has permitted disbursements to nonsectarian nonprofits and for workforce housing in appropriate cases. He recommended using a matching rationale — that revenues generated by tourism should be expended for tourism‑related purposes — and suggested staff pursue AG guidance when projects are fact‑specific and significant. The council discussed beach renourishment funding, local ATAX accounts, and potential municipal improvement district (MID) or user‑fee options as alternatives to broad general‑fund subsidies.
Council directed staff to refine enforcement procedures for business‑license and short‑term‑rental audits, confirm which town staff are deputized as code enforcement officers, and prepare a memo identifying funding sources (state ATAX, local ATAX, general fund, beach renourishment reserves) for upcoming projects.
