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

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(d) The appellant and the director shall be parties to an appeal. Other persons may be admitted as parties to an appeal, as permitted by the Board of Appeals. According to Hawai`i County Code, Chapter 25 (Zoning) Section 25-2-23, the Board of Appeals may affirm the decision of the director, or it may reverse or modify the decision or remand the decision with appropriate instructions if based upon the preponderance of evidence the board finds that: (1) The director erred in its decision; or (2) The decision violated this chapter or other applicable law; or (3) The decision was arbitrary or capricious or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. For your convenience, we have provided the website address for Hawai`i County's new EPIC System(Electronic Processing and Information Center) for applications. WEBSITE: https://hawaiicountyhi-energovpub.tylerhost.net/Apps/SelfService#/home The appeal must be received within thirty(30) calendar days from the date of receipt of this Notice of Violation and Order. An appeal to the Board of Appeals shall not stay the provisions of the director's order pending the final decision of the Board of Appeals. The appeal must be made in accordance with the Board of Appeals Rules and Procedures or it may result in the dismissal of the appeal. What happens if I lose my appeal? The assessment and accumulation of fines do not stop when you file for an appeal. If the Board of Appeals rejects your appeal then you will be required to pay your fines from the day the fines began to the date the violation(s)has been corrected which must be verified by the Planning Department. You can also take corrective action as described in this letter and stop the daily fines, while appealing. If you do not take corrective action, daily fines will continue to accrue incrementally as per the table listed above. Can I get a time extension to have more time to correct the violation? If you know you cannot complete the corrective action by the "Deadline Date," you may want to submit a"request for a time extension"before the"Deadline Date,"including all of the following information with your request: 1. Describe what you have accomplished prior to requesting this time extension. 2. The amount of additional time necessary to complete the corrective action. 3. The name and telephone number of the person assisting you in this effort. 4. The date in which you expect the violation to be fully corrected. The submission of a time extension request does not guarantee the approval of the request, nor does it extend your right to appeal. If your time extension is denied, daily fines will continue until the violation is corrected. If approved, the daily fines will be delayed until the new deadline date.