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<br /> <br /> <br /> <br /> <br /> <br /> PLANNING COMMISSION <br /> COUNTY OF HAWAII <br /> <br /> HEARING TRANSCRIPT <br /> FEBRUARY 22, 2008 <br /> <br /> A regularly advertised hearing on the PLANNING DIRECTOR'S AMENDMENT TO <br /> CHAPTER 25 (ZONING), ARTICLE 2, HAWAII COUNTY CODE 1983 (2005 EDITION, AS <br /> AMENDED) REGARDING BOARD OF APPEALS was called to order at 10:40 a.m. at the <br /> Waikoloa Beach Marriott Hotel, Alii I, 69-275 Waikoloa Beach Drive, Waikoloa, Hawaii, with <br /> Chairman Rodney Watanabe presiding. <br /> <br /> PRESENT: C. Kimo Alameda ABSENT & EXCUSED: Andrew Iwashita <br /> Lani Bowman <br /> Takashi Domingo <br /> Shelly Ogata <br /> Alvin Rho <br /> Rene' Siracusa <br /> Rodney Watanabe <br /> Rell Woodward <br /> <br /> Ivan Torigoe, Deputy Corporation Counsel <br /> Norman Hayashi, Planning Program Manager <br /> Phyllis Fujimoto, Staff Planner <br /> Jeff Darrow, Staff Planner <br /> <br /> Christopher Yuen, Planning Director <br /> <br /> And no one from the public in attendance. <br /> <br /> INITIATOR: PLANNING DIRECTOR <br /> Amendment to Chapter 25 (Zoning), Article 2, Division 3, Section 25-2-35, Hawaii County <br /> Code 1983 (2005 Edition, as amended) relating to administrative enforcement. The proposed <br /> amendment states that "an appeal to the board of appeals shall not stay the provisions of the <br /> (planning) director's order pending the final decision of the board of appeals." <br /> <br /> WATANABE: We are now on Agenda Item No. 3; this would be Planning Director <br /> initiated amendment to Chapter 25 (Zoning), Article 2, Division 3. And with that, I'll turn it <br /> over to Mr. Yuen. <br /> YUEN: Yes, good morning. Again, this is a matter that we did talk about a little <br /> bit at our last meeting. This relates to enforcement. And what happens when there is a Zoning <br /> Code violation, the Planning Department will issue a letter typically saying - and in a typical <br /> scenario somebody has an unpermitted use going on that, something that's not permitted in the <br /> zoning district - so the Planning Department letter will say, stop doing what you are doing, or if <br /> you don't stop by a certain - and it'll give a fairly short timeframe, if it's a stop-doing thing <br /> especially, it'll have a fairly short timeframe to stop - and it'll say if you don't stop by such and <br /> such a date, then daily fines will commence. It will also say that the person has the opportunity <br /> 1 <br />