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2026-01-05 Exhibit 08_2nd Notice of Violation and Order
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PL-BOA-2026-000127 Leslie Enriquez Rosehill (PD)
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2026-01-05 Exhibit 08_2nd Notice of Violation and Order
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Mr. Mark Wyatt <br /> Kaimu Cove LLC c/o Daryn Arai LLC <br /> October 29, 2025 <br /> Page 4 <br /> What happens if you do not correct the violation? <br /> A violation that is not corrected by the deadline date may be assessed daily fines. <br /> Can you appeal this Notice of Violation? <br /> Yes. In accordance with Section 6-9.2 (a) of the Hawaii County Charter, the Board of Appeals <br /> is authorized to hear and determine any appeal from the final decisions of the Planning Director. <br /> 1. An appeal shall be electronically submitted in the format prescribed by the Board of Appeals <br /> and shall specify the person's interest in the subject matter of the appeal and the grounds of <br /> the appeal. Unless otherwise specifically provided by the Board of Appeals rules, an <br /> electronic copy of each document shall be filed. A filing fee of $250 shall accompany any <br /> such appeal. (Application must be submitted electronically) <br /> 2. The appellant, landowner(s) if not the appellant, and the director shall be parties to an <br /> appeal. Other persons may be admitted as parties to an appeal, as permitted by the Board of <br /> Appeals. <br /> For your convenience, we have provided the website address for Hawai`i County's new EPIC <br /> System (Electronic Processing and Information Center) for applications. Appeal must be <br /> submitted electronically, <br /> WEBSITE: https:llhawaiicountyhi-energovpub.tylerhost.net/Apps/SelfService#Thorne <br /> Due Date for Appeal: <br /> The appeal must be received within thirty (30) calendar days from the date of receipt of this <br /> Notice of Violation and Order. An appeal to the Board of Appeals shall not stay the provisions <br /> of the Director's "Order" pending the final decision of the Board of Appeals. The appeal must <br /> be made in accordance with the Board of Appeals Rules of Practice and Procedures, or it may <br /> result in the dismissal of the appeal. <br /> What happens if I lose my appeal? <br /> The assessment and accumulation of fines does not stop when you file for an appeal. If the <br /> Board of Appeals denies your appeal, then you will be required to pay your fines from the day <br /> the fines began to the date the violation(s) has been corrected, which must be verified by the <br /> Planning Department. You can also take corrective action as described in this letter and stop the <br /> daily fines while appealing. If you do not take corrective action, daily fines will continue to <br /> accrue incrementally. Should you acquire the services of an attorney/counsel representation, <br /> then you are required to also submit a letter of consent with your response letter authorizing the <br /> County to correspond and respond to the attorney/counsel representation. <br />
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