2026-01-15 Reissue Notice of Violation and Order Dated 12-04-2025

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GENERAL INFORMATION What happens if you do not correct the violation? A violation that is not corrected by the "Deadline Date" will be assessed daily fines starting at $100 per day beginning the day after the "Deadline Date"unless it is a recurring violation(see table below). After 3 months the fine increases to $200 per day, after 6 months to $300 per day, after 9 months to $500 per day until the case is resolved. It is in your best interest to correct this problem before or on the "Deadline Date" as indicated above. Daily Fines: According to County of Hawai`i Planning Department Rules of Practice and Procedure Rule 9-5(d): When a violation is not corrected by the deadline set by the order, the Director may assess additional fines to a maximum of$500 for each day that the violation remains uncorrected in accordance with the following schedule: DAILY FINES FIRST AFTER AFTER AFTER FOR VIOLATION 3 MOS. 3RD MO. 6TH MO. 9TH MO. Initial violation $100 $200 $300 $500 First Recurrence $200 $300 $400 $500 Second Recurrence $300 $400 $500 Third Recurrence $400 $500 Fourth and subsequent recurrences will be assessed$500 per day of additional daily fines from the date that the violation was to cease as set forth in the order. Can you appeal this Notice of Violation? Yes. If you feel that you are not in violation, you can appeal. In accordance with Hawai`i County Code, Chapter 25 (Zoning) Section 25-2-20, you may appeal the director's decision as follows: (a) Any person aggrieved by the decision of the director in the administration or application of this chapter,may,within thirty calendar days from the date of receipt of the Order appeal the decision to the Board of Appeals. (b) A person is aggrieved by a decision of the director if: (1) The person has interest in the subject matter of the decision that is so directly and immediately affected, that the person's interest is clearly distinguishable from that of the general public; and (2) The person is or will be adversely affected by the decision. (c) An appeal shall be electronically submitted, in the format prescribed by the Board of Appeals and shall specify the person's interest in the subject matter of the appeal and the grounds of the appeal. Unless otherwise specifically provided by the Board of Appeals rules, an electronic copy of each document shall be filed. A filing fee of$250 shall accompany any such appeal. The person appealing a decision of the director shall provide an electonic copy of the appeal to the director and to the owners of the affected property and shall provide the Board of Appeals with the proof of service. (Application Link Enclosed, submit electronically)