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HCC, Chapter 22, "Article 4. Construction in County Streets" prohibits installation of a <br /> driveway approach in the County right-of-way without a permit. The evidence shows that <br /> Frazier has an unpermitted driveway approach and that he uses the County right-of-way for <br /> ingress and egress to his property. Based on the above, Frazier cannot present any evidence that <br /> Public Works' notice violated the law, was clearly erroneous, arbitrary, capricious, or abused its <br /> discretion when it issued a notice of violation, informing Frazier of his unpermitted driveway <br /> approach and ordering him to correct the violation. <br /> III. CONCLUSION <br /> Public Works respectfully asks the BOA to dismiss Frazier's appeal because its notice of <br /> violation was not unlawful, clearly erroneous, arbitrary, capricious, or an abuse of discretion. <br /> Dated: Hilo, Hawai`i, November 7, 2025. <br /> NEIL AZEVEDO, Acting Director, <br /> Department of Public Works, <br /> County of Hawai`i, Appellee <br /> By: /s/ Sinclair Salas-Ferguson <br /> SINCLAIR SALAS-FERGUSON <br /> Deputy Corporation Counsel <br /> Attorney for Public Works <br /> 4 <br />