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APPELLEE DEPARTMENT OF PUBLIC WORKS, <br /> COUNTY OF HAWAI`I'S PREHEARING STATEMENT <br /> Appellee DEPARTMENT OF PUBLIC WORKS, COUNTY OF HAWAI'I("Public <br /> Works"), by and through its attorney, Sinclair Salas-Ferguson, Deputy Corporation Counsel, <br /> hereby submits its Prehearing Statement for the above-captioned matter. <br /> PREHEARING STATEMENT <br /> I. INTRODUCTION <br /> A. Appellant William Frazier Has an Unpermitted Driveway Approach. <br /> Hawaii County Code ("HCC"), Section 22-4.8(a) states that"no County street shall be <br /> used for ingress or egress to a property without a properly located and constructed driveway <br /> approach." HCC, Section 22-4.1 states that"no person shall, in any manner or for any purpose, <br /> alter, break up, dig up, disturb, undermine or dig under or cause to be altered, broken up, dug up, <br /> disturbed, undermined or dug under any County street without having first obtained a written <br /> permit to do so from the [Director of Public Works]." HCC, Section 22-4.4(1) states that <br /> driveway approaches "shall be constructed . . . according to the provisions of this chapter [22] <br /> and applicable specifications and plans on file in the department of public works." In summary, <br /> Frazier was required to obtain a permit before installing his driveway approach, which would <br /> have required the driveway approach to meet the requirements of Chapter 22 and Public Works' <br /> driveway approach specifications and plans. <br /> Appellant William Frazier("Frazier") admits in his Petition that he uses the County right- <br /> of-way for ingress and egress to his property and that he added red cinder to his driveway <br /> approach "to raise the ground in this location, and prevent street runoff from entering the <br /> property . . ." See Frazier's Petition, pg. 3. Frazier did not obtain a permit for his driveway <br /> approach and is challenging the requirement to do so. <br /> 2 <br />