2025-09-17 Notice of Violation and Order Dated July 31, 2025

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Kona Plantation LLC Notice of Violation and Order Case#: PL-PCV-2024-00797 July 31,2025 Page 2 4. An Additional Farm Dwelling Agreement was recorded with the Bureau of Conveyances on January 19,2000 (Doc. No 2000-007462). The agreement specifically states: • The additional farm dwelling shall be used to provide shelter to only person(s) involved in the agricultural or farm-related activity on the building site. 5. A Notice of Violation and Order dated January 30,2004,was issued for unpermitted additional farm dwellings and operation of vacation rentals/retreats without an SMA permit. 6. An appeal was filed(BOA 04-004)and the case was settled prior to the scheduled hearing date of September 14, 2004. The settlement between the County and Mr. Bergey dated September 8,2004 stated: • Mr. Bergey will promptly delete the website referenced in the Planning Director's January 30,2004 Notice of Violation and Order letter (www.konaplantati on.com) No similar website will be established. • Mr. Bergey will not use his dwellings as a"Vacation rental". • Mr. Bergey will not rent his premises to five or more unrelated persons. 7. A third farm dwelling application was submitted to the Planning Department on February 16,2000. The application was denied on May 12,2000, as the level of agricultural activity present on the property did not meet the minimum requirements necessary to support a third dwelling unit. 8. A review of multiple websites providing the following information: Ohana Retreat Overview (Ohanaretreat.com) • Number of Rentals/units:Not Explicitly listed,but the site described the property as a single,large home with multiple suites • Events: The website promotes hosting retreats,family reunions, and group gatherings, indicating event-based use. VRBO—Ohana Retreat (https://www.vrbo.com/187016ha?msockid=240ef2d20a666e4923dfe0e00b416f2bBedro oms/Bathrooms: 8 bedroom suites/8 baths) • Guest Capacity: Accommodates 16 guests