2026-01-28 PL-PCV-2022-00015 3rd Notice of Violation and Order

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Mark Wyatt Lisa Benhen Kaimu Cove LLC PL-PC-2022-00015 January 28, 2026 Page 2 (1) "Development"includes the following: (A)Placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste. (B) Grading, removing, dredging, mining, or extraction of any materials. (3) Any proposed use, activity, or operation listed in Section 9-4(e) (2) shall be deemed to be "Development" until the Director has determined it to be exempted from the definition of"development." (4) Whenever the Director finds that any excluded use, activity, or operation may have a cumulative impact, or a significant adverse environmental or ecological effect on the Special Management Area, that use, activity, or operation shall be defined as "development" for the purpose of this rule. GENERAL INFORMATION 9-17 Penalties (a) Any person who violates any provision or this rule shall be liable for(1) a civil fine not to exceed $100,000; or (2) for the cost of returning the affected environment or ecology within the Special Management Area to the condition existing before the violation. (b) In addition to any other penalties, any person who is violating any provision of this rule shall be liable for a civil fine not to exceed $10,000 a day for each day in which such violation persists. (c) Any civil fine or other penalty provided under this rule may be imposed by the circuit court or by the Planning Department after an opportunity for a hearing under Chapter 91, HRS. 9-19 Administrative Fines The Department is authorized to impose administrative fines in accordance with established rules. What happens if you do not correct the violation? A violation that is not corrected by the deadline date may be assessed daily fines. Can you appeal this Notice of Violation? Yes. In accordance with Section 6-9.2 (a) of the Hawaii County Charter, the Board of Appeals is authorized to hear and determine any appeal from the final decisions of the Planning Director.