2026-03-10 PL-BOA-2026-000130 COMPLETE RECORD ON APPEAL Kaimu Cove LLC - M. Wyatt vs Planning Director

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Mark Wyatt PL-PCV-2022-00015 NOV& ORDER October 10, 2022 Page 4 (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. 1. 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. (Application must be submitted electronically) 2. The appellant, landowner(s) if not 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. For your convenience, we have provided the website address for Hawaii County's new EPIC System (Electronic Processing and Information Center)for applications. WEBSITE: httns://hawaiicountyhi-ener2ovyub.tylerhost.net/Apps/SeIfService#/home Due Date for Appeal: 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 of Practice 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 does not stop when you file for an appeal. If the Board of Appeals denies 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 4