Laserfiche WebLink
stated no one is making sure that special permit parameters are being enforced once a <br /> <br /> permit is issued unless there is a complaint. <br /> I believe the County is in violation of its own code. While one of our neighbors (Earth <br /> Aware) has been fined for their violation, another neighbor has not, even though they <br /> have admitted under oath they are in violation of the code. (See Pettus, Land Use <br /> Committee Transcripts dated December 19, 2004) Under Section 25-2-1 (b) "The <br /> director shall enforce all other provisions of this chapter pertaining to land use." It would <br /> seem to me that the director, Chris Yuen, must carry out his duties based on what the <br /> Hawaii County Code states, not on personal discretion. The fines imposed under the <br /> Hawaii County Code Section ZS-2-35 are for the benefit of the general public and should <br /> be enforced for the benefit of the taxpayers. By enforcing the zoning code the County is <br /> saying it will no longer tolerate unpermitted uses and continued building without the <br /> proper permits. Penalties must be imposed on people who are in violation of the code. <br /> Violators are robbing Hawaii County of the property taxes that law-abiding citizens must <br /> pay. The Pettus' have several un-permitted houses that they have had for many years and <br /> they have not paid any taxes on those residences. Earth Aware ran a retreat business for <br /> five years illegally in an agricultural building without paying taxes on a building housed <br /> approximately ten guest rooms and brought them a large amount of income. The County <br /> has fined Earth Aware. The Pettus', as of this date, to my knowledge, have not been <br /> fined. I think both should pay the fines as prescribed by the County Code. Don't you? <br /> The actions that I believe should be taken immediately would be as follows: <br /> 1. Place a moratorium on the special permit process where agricultural land <br /> would be used for non-agricultural or limited agricultural uses. <br /> 2. If a special permit is considered then the County Council should be required <br /> to approve the permits since they are our elected officials. The Land Use <br /> Committee does not consist of elected officials. <br /> 3. The County should significantly increase taxes on existing and future special <br /> use permits in agricultural areas. These increased taxes should be designated <br /> for enforcement costs and personnel who would be responsible to oversee <br /> compliance of permit parameters. This should not be the responsibility of <br /> neighbors. <br /> 4. The zoning code must be revised to prohibit owners from applying for a <br /> special use permit if they are in violation or have illegal structures built on <br /> their property. The special permit process should not be a way in which <br /> people can resolve the issue of illegal structures. <br /> 5. Stringent guideline must be developed regarding agricultural tourism. Even <br /> though it is called agricultural tourism, tourism is tourism plain and simple <br /> and the special permit process should not be the catch all for everything. The <br /> County Zoning Code currently has no guidelines or definitions for retreats. <br /> Is it really fair for someone to move onto agricultural land expecting a rural lifestyle <br /> only to have their neighbor decide they want to run a resort or retreat, and then be able to <br /> basically subvert the existing zoning for only a $100 fee? I think we would all agree that <br /> <br />