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upon the preponderance of evidence, that: (1) The director of Public Works <br /> erred in his decision and it is clearly erroneous in view of the reliable, <br /> probative, and substantial evidence on the whole record; (2) The decision <br /> violated the Code and other applicable laws; and (3) The decision was <br /> characterized by an abuse of discretion or clearly unwarranted exercise of <br /> discretion. <br /> (4) A statement explaining: <br /> (A) How the decision appealed from violates the law: <br /> The laws and rules that were violated are emphasized in bold and <br /> underlined: <br /> Director of Public Works: <br /> 1. 14 Oeoe Street has been registered and certified under zoning code section <br /> 25-4-7 Short-term Vacation Rentals (STVR) and Planning Department <br /> Rule 23 since 2019. The yearly nonconforming use certificate renewals <br /> (NUCR) are clearly displayed in EPIC for the building department to see. <br /> Turning a blind eye and issuing a building permit for work on premises <br /> known to be a STVR violates HRS §444-2.5 Owner-builder <br /> exemption. <br /> 2. The Director of Public Works issued Building Permit No. PW.B2024- <br /> 005123, on April 1, 2025, before the SMA assessment application No. PL- <br /> SAA-2025-000280, dated March 301, 2025, was acted upon on April 11, <br /> 2025, in violation of HRS §205A-29 Special management area use permit <br /> procedure, (b) "No agency authorized to issue permits pertaining <br /> to any development within the special management area shall <br /> authorize any development unless approval is first received in <br /> accordance with the procedures adopted pursuant to this part." <br /> (4) A statement explaining: <br /> (B) How the decision appealed from is clearly erroneous: <br /> N.A. <br /> (4) A statement explaining: <br /> (C) How the decision appealed from was arbitrary and characterized <br /> by an abuse of discretion or clearly unwarranted exercise of <br /> discretion: <br /> 4 <br />