COM 0821.006 2002-2004 - Laserfiche WebLink

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Continental Pacific, LLC Page 2 September 17, 2004 2. The property is located south of TMK: 2-8-008: 104, the location of the Hilo Coast Power Company Plant, and west of TMK: 2-8-008: 100. The previous TMK for this area was 2-8-007: 053. This is in the South Hilo District of Hawaii. The Tax Map Key is 2-8-008: 095 and the lot size are 365.25 acres. The listed owner of the property is Continental Pacific, LLC. 3. According to Section 25-4-4 (Uses Prohibited) of Chapter 25 (Zoning Code), Hawaii County Code, any use not listed among the permitted uses in a zoning district is a prohibited use within that district, except as otherwise provided in this chapter. Section 25-5-72 (Permitted Uses within Ag Districts) does not list "s tockpiling" or storage of industrial waste products as a permitted use in the A district. Section 205-4.5 of the Hawaii Revised Statutes also does not list "stockpiling" or storage of industrial waste, as permitted uses in the Agricultural District. Based on all of the above, the Planning Director finds you in violation of Section 205-4.5 of the Hawaii Revised Statutes and subject to enforcement action pursuant to Section 205-13 of the Hawaii Revised Statutes. The Planning Director also finds you in violation of Section 25-4-4 of Chapter 25 of the Hawaii County Code and subject to enforcement action pursuant to section 25-2-35 of Chapter 25 of the Hawaii County Code. Section 205-13, Hawaii Revised Statutes, states: "Any person who violates any provision under section 205-4.5 or any regulation established relating thereto, shall be fined not more than $5,000, and any person who violates any other provision of this chapter, or any regulation established relating thereto, shall be fined not more than $1000. If any person cited for a violation under this chapter fails to remove such violation within six months of such citation and the violation continues to exist, such person shall be subject to a citation for a new and separate violation. There shall be a fine of not more than $5,000 for any additional violation. Prior to the issuance of any citation for a violation, the appropriate enforcement officer or agency shall notify the violator and the mortgagee, if any, of such violation, and the violator or the mortgagee, if any, shall have not more than sixty days to cure the violation before citation for a violation is Issued."