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Kona Plantation LLC <br /> Notice of Violation and Order <br /> Case#: PL-PCV-2024-00797 <br /> July 31,2025 <br /> Page 4 <br /> HCC Section 25-2-30.Violations. <br /> Any approval or permit issued pursuant to the provisions of this chapter shall comply with all <br /> applicable requirements of this chapter. Failure to comply with any provision of this chapter,any <br /> rule adopted pursuant to this chapter, or with conditions imposed as part of any approval,permit, <br /> or variance from the provisions of this chapter, shall constitute a violation of this chapter. <br /> 1. Violation of Settlement Agreement dated September 8,2004 <br /> The following conditions were agreed upon as part of the September 8,2004, settlement between <br /> the County of Hawai`i and Mr. Bergey: <br /> • "Mr.Bergey will promptly delete the website referenced in the Planning Director's <br /> January 30,2004,Notice of Violation and Order letter(www.konaplantation.com). <br /> No similar website will be established." <br /> You are in violation of this condition. The Ohana Retreat website remains active and <br /> promotes the property for accommodations. <br /> • "Mr.Bergey will not use his dwellings as a 'Vacation Rental." <br /> The Ohana Retreat website advertises the property for short-term accommodations, <br /> indicating use as a vacation rental. <br /> • "Mr.Bergey will not rent his premises to five or more unrelated persons." <br /> The Ohana Retreat is advertised as offering multiple units. The number of rental <br /> accommodations suggests occupancy by more than,five unrelated individuals. <br /> 2.Violation of the Additional Farm Dwelling Agreement(Recorded January 19, 2000) <br /> • The recorded agreement restricts the additional farm dwelling to use only by individuals <br /> actively engaged in agricultural or farm-related activity on the building site. <br /> The host currently resides in the additional farm dwelling but does not actively <br /> participate in farming operations on the property, violating this condition. <br /> HCC Section 25-5-77 Other regulations. <br /> (C)Additional farm dwellings may be permitted in the A district only upon <br /> the following conditions: <br />