2025-11-06 Testimony - N. and J. Lesourd

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1. Background We purchased our home in April 2020 and at that time our lot had a preexisting driveway and berm along the west side lot line; adjacent to parcel TMK(3) 1-9-003: 018 owned by William Frazier.A photo of this driveway and berm can be located within the enclosures section of this letter. Our lot would weather storms and extensive/large rainfall events with no major issues, and never had rivers of flowing water that could carve out our driveway. William Frazier purchased his lot in January 2023 and subsequently conducted unpermitted clearing and grading actions. On January 9, 2024 we encountered the first occurrence of a river flowing from William Frazier's lot onto ours. We attempted to resolve the flooding issues with William but he quickly blamed us asserting our prior resolved area of encroachment on his lot as being the source of the problem. On August 25, 2024 we encountered additional,and more intense flooding issues after further unpermitted clearing and grading actions occurred on William Frazier's lot. We again attempted to reach out and come up with some solutions. Unfortunately,those efforts failed as we now can see in William's complaint against us dated August 29, 2024,that he had no intentions of resolving issues he created and intended to continue to blame our preexisting driveway as the issue. In addition, after our second notice of flooding to William Frazier he then applied for a grubbing permit on August 29, 2024 further demonstrating he was fully aware that his unpermitted actions were causing flooding issues on our lot. On December 20, 2024 we received a Hawaii County NOV for our driveway approach that, as demonstrated within the enclosures of this letter,was preexistent in nature. Nevertheless, we complied with the notice and on January 17, 2025 our contractor began work to bring our approach into compliance as demonstrated within the subsequent enclosures. All work was completed within the deadline set by the county with no excuses. Bottom line, William Frazier has made mistakes and failed to properly plan for and execute clearing and grading of his lot as alluded to in his August 8, 2025 petition; "I ask that this requirement for a paved driveway be deferred until a more appropriate time when I have determined the best placement for the driveway or driveways." At the present,William Frazier is refusing to abide by the very same codes as we had to with our preexisting driveway approach.As investigated and reported in July 23, 2025 Hawaii County NOV, William Frazier was found to be in violation of HCC pertaining to both his driveway approach and grading. It appears that William Frazier is refusing to accept that his actions are causing flooding and other damages to our property. As previously noted, William Frazier backtracked his unpermitted activities by applying for a grubbing permit long after conducting clearing and grading activities.These actions are not pono and demonstrate deceit, willful negligence, a lack of concern, compassion, neighborliness, aloha, nor accountability thereby putting our property, safety, and wellbeing at risk. As exhibited in William Frazier's appeal document labeled Access Photos with Captions his unpermitted driveway approach was indeed one of the issues causing flooding in the front of our lot. Because of this omission coming to light, we can now confirm our suspicions that the lack of a proper driveway approach on William Frazier's lot in addition to unpermitted grading, lack of plans, and his denial all have contributed to flooding conditions in this area of our lot. Furthermore, we suspected that William Frazier was utilizing the Hawaii County Building Division complaint system to continually harass us with baseless complaints and avoid resolving the serious HCC violations present on his lot. Lesourd 3