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HomeMy WebLinkAbout2026-06-25 PL-BOA-2026-000134 RECORD ON APPEAL (OOMA PLANTATION COMM ASSOC).pdfJEFFREY W. DARROW PLANNING DIRECTOR COUNTY OF HAWAI' I 101 Pauahi Street, Suite 3 Hilo, HI 96720 Telephone No. (808) 961-8288 IN THE BOARD OF APPEALS COUNTY OF HAWAI' I STATE OF HAWAI'I O'OMA PLANTATION COMMUNITY ) PL-BOA-2026-000134 ASSOCIATION ) Appeal of Planning Director's Decision Appellants, ) vs. ) JEFFREY W. DARROW ) PLANNING DIRECTOR ) COUNTY OF HAWAI' I ) Appellee. ) INDEX TO RECORD ON APPEAL INDEX TO RECORD ON APPEAL Appeal of the Planning Director's Decision of May 13, 2026, to the Notice of Violation and Order (PL-PCV-2025-01100), relating to an alleged violation regarding the placement of accessory structures and enclosures used for the keeping of chickens within the required setback from the property lines. The property's TMK is (3) 7-3-007:067 and is located at 73-1415 Kukuna Street, Kailua-Kona, Hawaii 96740 within the community of O`oma (1st Kohanaiki), North Kona. The property consists of 1.958 acres and is within the State Land Use Agricultural district and the County's Family Agricultural (FA-2a) zoning district. DOCUMENT HISTORY ITEM DATE DESCRIPTION PAGE(S) 2025 1. 11/30/2025 Complaint (PL-INT-2025-011939) 1-3 2. 12/02/2025 Complaint (PL-INT-2025-011931) 4-6 3. 12/08/2025 Complaint (PL-INT-2025-011983) 7 -10 4. 12/19/2025 Courtesy Letter to Pabre (PL-PCV-2025-01100) 11 2026 5. 01/09/2026 Planning Dept. response email re: case status 12 6. 01/09/2026 Certified Mail Receipt — Courtesy Letter 13 7. 01/12/2026 Complaint (PL-INT-2026-012207) 14 -16 8. 01/14/2026 Second Courtesy Letter to Pabre 17 9. 01/20/2026 Cert. Mail Receipt— 2nd Courtesy Letter 18 10. 01/27/2026 Complainant inquiry (PL-INT-2026-012207) 19 11. 01/27/2026 Planning Dept. response to complainant 20 - 21 12. 02/12/2026 Complainant request for update (PL-INT-2025-011939) 22 - 27 13. 02/13/2026 Planning Dept. response re: complaint status 28 14. 02/17/2026 Returned Cert. Mail (unclaimed) — 2nd Courtesy Letter 29 - 30 15. 02/26/2026 Closure Letter to Pabre (PL-PCV-2025-01100) 31 - 32 i 16 17 18 19 20 21 22 23 03/25/2026 Complainant reply email (PL-INT-2025-011983) 33 - 35 04/01/2026 Notice of Violation and Order to Pabre 36 - 38 04/20/2026 Family Agricultural (FA) zoning inquiry 39 04/23/2026 Planning Dept. response to FA zoning inquiry 40 - 41 05/11/2026 Complainant request for enforcement update 42 - 44 05/13/2026 Final Closure Letter to Pabre (with appeal form) 45 - 46 05/21/2026 Returned Mail (unclaimed) — Notice of Violation and Order 47 - 48 06/04/2026 Appeal Petition — O'oma Plantation Comm. Assn. 49 - 59 11 Oda, Michelle From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Hello, Sunday, November 30, 2025 7:25 AM Planning Internet Mail Neighborhood Complaint CCF_000099.pdf Follow up Flagged I look forward t❑ hearing from you regarding this attached complaint. Thank you kindly, I 001 i. Count of Hawaii Planning Department Y '� (January zo .2022) 01 Zoning, Land Use, and SMA Violation Complaint Form Ililu(Vnliani.t.) W;Iimca) Wl Pamilai tilted. tinlle 3 lull}• III 't++720422-1 01t0?,1'161.12NA I ax il(A)', I` i-inari l'laIll uty!rrliaii.lIIL:cIunn.inv 1: ,1}:3 r1',rll;ll;l t,5 1 l:rtvr) 74-;044 nc F:a+lt,al,;llol< lh) i Milt l° :u`l lrlooi kafli l-} oii l l ll :,,-44 Complainant Information: 2) Describe Alleged Zoning Violation (refer to Note 1 below): Zone FA-2a section 25-5-62(a)(15) . Chicken coupes, shelters, processing structures, located on the property line as well as within"ihe minimum 75' on the both the Easterly and the Northerly If ro property address. what distinguishing feature is seen from the street that identifies the property? Have you tried to resolve th s problem t,rth the violator aef•ale asking fcr our `1elp'T Yes M L If Yes Please explain why it didn t %ark Had prior unpleasant encounter with homeowner-, don't want to risk another Have you filed this complaint Wth another government ayene:y'� Yes r7NU7 If Yes, dale cf Cowacl. aersen Contacted Results or Contact. linter the followinq information for the alleged violator: Property Tax Map Key (TMK) #: 1300 i70670000 . Community 0roma Plantation Property Street Address:73-1415 Kukuna Street Kailua Kona HI 96746 Violator is) Full Name (it known):Kainoa Fortunado Bolo Pabre _ Violator (s) Mailing address (if known}:73-1415 Kukuna Street Kailua Kona Hi 96740 Would Signal Notes: 1) Construction of any structure without a building permit is a Building Code Violation and should be referred to the Departtnerd olPublic Works, Hilo Building Division (961-8331) or Kailua-Kona Building Division 1323-7201. This includes people llvina intents, buses. shacks. sheds. etc. See pack page fortnformrarron on Zoning Code Violations. 2) a. Per Planning Department Rules of Practice and Provedures 9.2(a)(1) All Information and records acquired bV the Planimig Department under this part shall be confidential However. it Is possible that if court proceedings occur that this infarmalialn could be subpoenaed and made known to all involved parties b. 9-2(b) All complaints shall be given to the zoning inspector. Anonvinous eoniplrints will not be investigated by the zoning inspector andlor Mar Planning Department personnel assigned Page2 002 Zoning Violations Zoning is covered under Hawaii County Code Chapter 25. Access to the code can be found at: httlos:Hwww.hawaiiCOU[it y.qov/our-GULI€itV`IeuiSIative/affice -of-tIle -County-clerk/county-code Zoning inspectors are required to enforce the code through the complaint process. (Planning Department Rules of Practice and Procedure 9-2) To determine if an owner is in violation of the zoning code you first must determine the zoning of the property (residential. agricultural, industrial, commercial, etc...) and then check what is permitted in that zoning or requires a permit. If you are not sure or need help to better understand the code, please do not hesitate to call the Planning Department. The list below, which is not all inclusive, shows the different types of Planning Department violations that we investigate: Coastal Issues — Unpermitted I Unapproved Develooment or Activity: • Special Management Area / Shoreline Setback Non-compliance of: • Special and Use Permits • Change of Zone Ordinance Conditions Plan Approval Conditions Illeaal 1 Unloermitted: • Operation of a Junkyard r,more than two unregistered vehicles or more than 200 sf of junk) • Recreational Vehicles. Courses and Tracks • Auto Repair • Base Yard • Bed & Breakfast • Commercial • Equipment Storage • Retreats and resorts • Short Term Vacation Rentals (STVR) Encroachment: • Intrusion of Setbacks • Exceeding Height Requirements Dwellings — Illegal or improper use of: • Additional Faim Dwelling • Duplex • Mobile Homes • Multiple Units • Ohana Home • More than five unrelated people Livestock — Maintaining, Raising or Keeping of: • Apiaries • Kennels (commercial kennel, where one is hoarding or keeping dogs belonging to orher people) • Piggeries (more than four pigs on an agricultural property requires approval A brochure on piggeries is available at the Planning Department.) • Roosters or chickens (on a non-agricultural zoned property) The purpose of the Zoning Code is to promote health, safety, morals, or the general welfare of the County by regulating and restricting the height, size of buildings, and other structures, the percentage of a building site that may be occupied, off-street parking, setbacks, size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. (Section 25-1-2(rb)) So if you have any questions come in and see us. We are here to assist you. Page 2 of 2 003 Oda, Michelle From: Gonsalves, Mycah R. Sent: Tuesday, December 2, 2025 8:00 AM To: Oda, Michelle Subject: Fw: Complaint Form Attachments: filled form (2)_pdf Follow Up Flag: Follow up Flag Status: Flagged Aloha Michelle, Canyou intake the attached complaint form? Mahalo! Myreah Gonsalves Land Use Plans Checker III County of Hawaii - Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 Phone: (808) 961-8134 rnyr-ah.gonsalves@hawaiicounty.gov From: Sent: Monday, December 1, 2025 6:09 AM To: Gonsalves, Mycah R. ¢mycah_gonsaIves@hawaiicounty_gov> Subject: Complaint Form Aloha Mycah Please seethe attached for your use. 1 004 .8 County of Hawaii Punning Department ()arwary 20, 2022) Zoning° Land Use, and SMA Violation Complaint Form Hilo(Voleano to Waimea) HI I'auab Stax;t. Suile 3 1-lih%11-H 96720-4224 (R(IR) %14289 1 Fax (MIA) W)1-8747 / lmaii pLax7ing@11awiliicoulily.vv Kona (Pahala it) Hai i) 74-5(W4 Arx: Kwhokalole Fhvy. Bldg G, 2',d Floor. Kailua-Kona.1-1196740 1 (R(IR) 323-4770 1 Fax (9(3) 327-3563 � Complainant (nformation:(Z) ■ Note: Information above is required. Describe Alleged Zoning Violation (refer to Note t below the property line as well as within the minimum 75' on the both the Easterly and the Northerly C IIboundary. C IL If no property address, what distinguishing feature is seen from the street that identifies the property? Have you tried to resolve this problem with the violator before asking for our help? Yes t✓ No" If Yes. Please explain why it didn'twork:They believe they are right and we were met with hostility. Have you filed this complaint with another government agency? Yes 1 No Fie, I If Yes, Date of Contact Person Contacted; Results of Contact; Enter the following information for the alleged violator: Property Tax Map Key (TMK) #: 730070670000 Community -Oloma Plantations Property street Address: 73-1415 Kukuna Street Kailua Kona Hi 96740 Violator (s) Full Name (if known):_Kainoa Fortunado Bolo Pabre Violator (s) Mailing Address (if known):_73-1415 Kukuna Street Kailua Kona Hi 96740 Would you like to be blind copied on letters? Yes: M No: ❑ Signature: - Notes: 1) Construction of any structure without a buildingpermit is a Building Code Violation and should be referred to the Department of Public Works, Hilo Building division 1961-83311or Kailua-Fiona Building Division 132347201. This includes pecplelivingin tents,buses,shacks,sheds,etc.. See back page for infonnallon on Zoning Code Violations. 2) a. Per PlanningDeaartment Ruffles of Practice and Procedures 9-2(a)(1): All information and records acguired by the PlanningDepartment under thispart shall be confidential. However, it is possible that if court proceedings occur that this information could be subpoenaed and made known to all involved parties. b. 9-2(b) All complaints shall be given to the zoning inspector. Anonymous complaints will not be investigated by the zoning inspector andior other Planning Department personnel assigned. Page 1 of 2 005 Zoning Violations Zoning is covered under Hawaii County Code Chapter 25. Access to the code can be found at: htt s://www.liawaiicount oV/olll'-count Ile islativeYoffice-of-tile-count-clerk/count -code Zoning inspectors are required to enforce the code through the complaint process. (Planning Department Rules of Practice and Procedure 9-2) To determine if an owner is in violation of the zoning code you first must determine the zoning of the property (residential, agricultural, industrial, commercial, etc..,) and then check what is permitted in that zoning or requires a permit. If you are not sure or need help to better understand the code, please do not hesitate to call the Planning Department. The list below, which is not all inclusive shows the different types of Planning Department violations that we Investigate: Coastal Issues — Unpermitted 1 Unapproved Development or Activity: • Special Management Area 1 Shoreline Setback Non-compliance of: • Special and Use Permits • Change of Zone Ordinance Conditions • Plan Approval Conditions Illegal 1 Unpermitted: • Operation of a Junkyard (more than two unregistered vehicles or more than 200 sf of junk) • Recreational Vehicles: Courses and Tracks • Auto Repair • Base Yard • Bed & Breakfast • Commercial • Equipment Storage • Retreats and resorts • Short Term Vacation Rentals (STVR) Encroachment: • Intrusion of Setbacks • Exceeding Height Requirements Dwellinrrs -- Illegal or improper use of: • Additional Farm Dwelling • Duplex • Mobile Homes • Multiple Units • Ohana Home • More than five unrelated people Livestock — Maintaining, Raising or Keeping of: • Aplaries • Kennels (commercial kennel, where one is boarding or keeping dogs belonging to other people) • Piggeries (more than four pigs on an agricultural property requires approval. A brochure on piggeries is available at the Planning Department.) • Roosters or chickens (on a non-agricultural zoned property) The purpose of the Zoning Code is to promote health, safety, morals, or the general welfare of the County by regulating and restricting the height, size of buildings, and other structures, the percentage of a building site that may be occupied, off-street parking, setbacks, size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. (section 25.1-2(b)) So if you have any questions come in and see us. We are here to assist you. Page 2 of 2 11: Oda, Michelle From: Gonsalves, Mycah R. Sent: Monday, December 8, 2025 8:08 AM To: Oda, Michelle Subject: Fw: Violation - O'oma Plantation (73-1415 Kukuna Street - Pabre) Attachments: Follow Up Flag: Follow up Flag Status: Flagged Aloha Michelle, Could you please intake the following email and it's attachment? Mahalo! Mycah Gonsalves Land Use Plans Checker Ill County of Hawai'i - Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 Phone: (808) 961-8134 mycah.gonsalves@hawaiicounty.gov From: Sent: Sunday, December 7, 2025 9:29 AM To: Gonsalves, Mycah R.<mycah.gonsalves@hawaiicounty.gov> Cc: Subject: Violation - O'orna Plantation (73-1415 Kukuna Street- Pabre) Mycah.. I am officially notifying the county of a gross violation within O'oma Plantation regarding the property at 73-1415 Kukuna Street, Kailua Kona owned by Kimberly and Kainoa Pabre. They have installed a massive rooster farm/shelter and outbuildings within 75ft of of property lines. This is a gross violation and needs to be remedied immediately. Please find attached our officially signed and dated Zoning Violation Compliant. I am the neighbor directly next to him and despite multiple attempts by owners and HOA to remedy it is met with hostility and anger, in some cases threatening which have all been reported to Hawaii Police. I kindly ask you to address this issue with urgency. I 007 Kind Regards M. County of Hawaii Planning Department (]anaary 20, 2022) Zoning C1, Land Use, and SMA Violation Complaint Form HI I (Volcnao to W imien) 101 PauahL Su-e4_ Suite 3 liiIo� 1-11 96720-4224 1(808)901-AM / Fax (EUE) 961-E742 1 Fanaif phiniOngthawan county.gov Kona (Pahala to 11ati i) 7-504-1 Ane KcohoLifoie ffiNv, Bid&E.22"] Flour. Kailua-gong. HI 96740 1 (801 )323-4770 1Fax (SUE) 327-3563 Complainant information:© Describe Alleged Zoning Violation (refer to Note 4 below): Neighbor Directly West of our property has installed massive fighting rooster and chicken coupes, shelters an structures we within ' minlmumof property roes aast &Mort if no property address, what distinguishing feature is seen from the street that identifies the property? Have you tried to resolve this prot) lern with the v;olator before asking for our help? Yes ✓ NoL_j If Yes. Please explain why R didn't work: Met with hostility and verbal abuse to community. Have you filed this complaint with another government agency? Yes &/INoF If Yes, Date of Conta,;t. Person Contacted -Hawaii Police Dept Results ofContact:No Response Enter the following information for the alleged violator: Property Tax Map Key (TMK) #: 730070670000 Community O'oma Plantation Property Street AddressP-1415 Kukuna Street, Kailua-Kona HI 96740 Violator (s) Full Name (if known: Kimberly & Kainoa Fortunado BOiO Pabre Violator (s) Mailing Address (if known):73-1415 Kukuna Street, Kailua Kona HI 96740 Would you like to be blind copied on letters? Yes Signature: Notes: 1) Construction of anv structure without a building permit is a Buildinct Code Violation and should be referred to the Department of Public Works, Hilo Building division (961-8331) or Kailua-Kona Building Division (3234720) This includes eo le living in tents buses shacks sheds, etc, See back page for information on Zoning Code Violations. 2) a, Per Planning Department Rules of Practice and Procedures 9-2(a)(1): All information and records acquired by the Planning Department under this part shall be confidential. Horiever, it is passible that if court proceedings occur that this information could be subpoenaed and made known to all involved parries. b. 9-2(b) All complaints shall be given to the zoning inspector. AnonVmous complaints will not be Investligated by the zoning inspector andlor other Planning Department personnel assigned. Page 1 of 2 009 (? Zoning Violations Zoning is covered under Hawaii County Code Chapter 25, Access to the code can be found at: https://www, hawaiicountv.gov/our-countylleoistative/office-of-the-county-clerk/county-code Zoning inspectors are required to enforce the code through the complaint process. (Planning Department Rules of Practice and Procedure 9-2) To determine if an owner is in violation of the zoning code you first must determine the zoning of the property (residential, agricultural, industrial, commercial, etc...) and then check what is permitted in that zoning or requires a permit. if you are not sure or need help to better understand the code, please do not hesitate to call the Planning Department. The list below, which is not all inclusiveshows the different types of Planning Department violations that we investigate. Coastal Issues — Unpermitted I Unapproved Development or Activity: • Special Management Area / Shoreline Setback Non-compliance of. - Special and Use Permits • Change of Zone Ordinance Conditions • Plan Approval Conditions Illegal / Un ermitted: • Operation of a Junkyard (more than two unregistered vehicles or more than 200 sf of junk) • Recreational Vehicles: Courses and Tracks • Auto Repair • Base Yard • Bed & Breakfast • Commercial • Equipment Storage • Retreats and resorts • Short Term Vacation Rentals (STVR) Encroachment:. • Intrusion of Setbacks • Exceeding Height Requirements Owellinas — Illegal or improper use of: • Additional Farm dwelling • Duplex • Mobile Homes • Multiple Units • Ohana Home • More than five unrelated people Livestock- Maintaining, Raising or Keeping of: • Apiaries • Kennels (commercial kennel, where one is boarding or keeping dogs beiongu-,g to other people) • Piggeries (more then four pigs on an agricultural property requires approva! A b;cchore on piggeries is avair'ab?e at the Fianny.;ng ©epa!7nenr.) • Roasters or chickens (on a r;on-agr,ct!Itu; a; zoned prcpe;?y The purpose of the Zoning Code is to promote health, safety, morals, or the general welfare of the County by regulating and restricting the height, size of buildings, and other structures, the percentage of a building site that may be occupied, off-street parking, setbacks, size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. (section 25-1-2(b)) So if you have any questions come in and see us. We are here to assist you. Page 2 of 2 010 Mitchell D. Roth Mayor Deanna S. Sako Managing Director West Hawaii Office 74-5044 rine Kcohokalole Hwy Kailua-Kona, Hawaii 96740 Phone (808) 323-4770 Fax (808) 327-3563 CERTIFIED MAIL 7021 0950 00001576 1505 December 19, 2025 Fortunato Bolo Kamoa Pabre Kimberly Alicia Pabre 73-1415 Kukuna Street Kailua Kona, HI 96740 Dear Mr. and Mrs. Pabre County of Hawai` i PLANNING DEPARTMENT Subject: Courtesy Letter Complaint: Raising Chickens Case #: PL-PCV-2025-01100 TMK: 7-3-007:067, O'oma-I't Kohanaiki, N. Kona, Hawai'i Jeffrey W. Darrow Director Michelle S. Alin Deputy Director East Hawaii Office 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Phone (808) 961-8288 Fax (808) 961-8742 This courtesy letter is to inform you that the Planning Department received a complaint on November 30, 2025, alleging that you are raising chickens along the boundary lines of your property. Please be advised that within the Family Agricultural District (FA), a chicken coup structure would need to be located 75 feet away from the property boundary. Please contact Planning Inspector Tiffany Clark by email at tiffanyh.clark@hawaiicounty.gov or by phone at (808) 323-4770 to arrange a date and time to discuss and resolve this matter. Sincerely, Y . MA446 Planning Director THC:thc \\cohl4ly\Planning\Staff\Tiffany\Enforcement\Livestock\7-3-007-067 PL-PCV-2025-01100 Pabre\PL- PCV-2025-01100 Pabre Courtesy Letter.docx Electronically copied. No hard copy to follow. CC: Division Planning Inspectors (Kona) www.nlanning.hawaiicounty.Qov Hawaii County is an Equal Opportunity Provider and Employer 011 planning dhawaiicounty.aov From; Gillis. Eiitab tf� To: Cc: Uribe. Amelia; Clark. Tiffany H; Rathie, Joel T. Subject: Dour" Letter - PC11-2025-01100 Date: Friday, January 9, 2026 12:39:41 PM The Courtesy Letter was mailed today. The inspector assigned to the case has been out of the office, and the hard copy was located on her desk. We should have more information regarding the case once the letter is delivered. Please let me know if you have any questions in the meantime_ Elizabeth Gillis Planning Inspector II County of Hawaii Planning Department 74-5044 Ane Keohokalole Hwy, Bldg. E Kailua Kona, HI 96740 EIZai-Jeth.,gil'i1s7�hawcailcc,;kj lt�t-g v 808-323-4770 012 u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u o u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u o u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u o u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u o u u u u u m IIIIIIII IIIIIIIII IIIIIIII uuuuuumuuuuum . �................................................................................................................................... Illllll �II�IIIIIIIVV�I� IIIIIIIIIIIIII��I�� °' IIII I u1 uu�4 �iil���lll�l�IIII' lllllll�l�lll��lll�m�lllllllllll u�ullllllllllll�miuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuiouuuuuuuuuuuuuuuuuuuum uumiiiouuuuu III IIIIII I�IIIIIIIIIIIIIIIIII uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu m9lp uoloi m�Ii IIIIIIIIIIIIIIIII I��ml�llll uu�lllllll ';;„„ ��, uuuuuuuuuuuuuiiiuiiiiiiuiimiiuuuiiil M, 0 013 Oda, Michelle From: Gonsalves, Mycah R. Sent: Monday, January 12, 2026 12:07 PM To: Oda, Michelle Subject: Fw: Zoning Violation Complaint Attachments: Document_2025-01-12_110553.pdf Follow Up Flag: Follow up Flag Status: Flagged Hi Michelle, Could you please intake the attached complaint? Mahalo! Mycah Gonsalves Land Use Plans Checker III County of Hawaii - Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 Phone: (808) 961-8134 mycah.gonsalves@hawaiicounty.gov From: Sent: Monday, January 12, 202611:14 AM To: Gonsalves, Mycah R. Mycah.Gonsalves.@hawaiicounty.gov7 Subject: Zoning Violation Complaint Aloha Mycah Gonsalves, Please find the attached document outlining my complaint. I join some of my neighbors to tryto bring a seemingly out of hand situation back under control.with the help of enforcement of stated zoning violations. Please let me know if you have any questions regarding this matter. I hope you have a nice day. Mahalo nui loa, f 014 County of Hawai'i Planning Department (larwary 20, 2022) Zoning a Land Use, and SMA Violation Complaint Form Eiiu(VolCalwloWatmea) 101pauahrStreet Suite 3 Tliln.111 96724.4224 (909)961-&293 Fax (E0E)961-V42/Ismail plannine�ltian.uicouMygnv Kona (Pahnia to llanr) 74-5044 Ane Kmliokuldt: 14wv, L1de, .:Z11d Floor- Kailw-Komi, I 96740 (Et)E) 323-d770 Fax (ItOg) 327-3563 Complainant Information: Describe Alleged Zoning Violation (refer to Note i below): Zorte-FA-2al._section.25. 5-62(a)(15)-.._._C.hi.eken coops, shelters,_ processing stnictures.,-locatE the property line as well as withing the minimum 75' on the both the Easterly and Northerly boundary. II If no property address, what distingulshing feature is seen from the street that identifies the property - Have you tried to resolve this problem with the violator before asking for our help? Yes Nou If Yes, Please explain why it didn't work:They believe thev are right and we were rnet With hostility. 1 Have you filed this complaint with another government agency? Yesl INol V I If Yes, Date of Contact: II IPerson Contacted: Results of Contact: Enter the following information for the alleged violator-. Property Tax Map Key (TMK) #: 730070670000 community O"oma Plantation Proper-ty street Address:73-1415 Kukuna St. Kailua-Kona, HI 96740 Violator (s) Full Name (if known): Kaincia Fortunado Bolo Pabre - - Violator(s) Mailing Address (if known):73-1415 Kukuna St. Kailua-Kona, Hi 9674D Would yoti Signature Notes: 1} Construction of anW structure without _a_building permit is a Buildinn Code Violation and should be referred to the Department of -Public Works, Hilo Buildinn Division (961.8331) or Kailua-Kona Building Civision (3234720). This includes people living in tents, buses, shacks, shags, etc. See back page for information on Zoning Code Vioiations, 2) a. Per Planning Department Rules of Practice and Procedures 9-2(a)(1): All information and records acquired by the Planning Department under this part shall be confidential. However, it is possible that if court proceedings occur that this information could be subpoenaed and rnade known to all involved parties. b. 9-2(b) All complaints shall be given to the coning inspector. Anonymous complaints wig not be investigated by the zoning inspector and/or other Planning Department personnel assigned. Page 1 of 2 015 Zoning Violations Zoning is covered under Hawaii County Code Chapter 25. Access to the code can be found at: I�ttf7:�:ll�v_:r:�v, hawaiicnur�.crcrvla[r�_cn� �i?lullee 1�slt3t ivelt7g�C:e-of-13 �4�-r:Uunty-�::fc�rklr:[runty-c:�ci e Zoning inspectors are required to enforce the code through the complaint process. (Planning Department Rules of Practice and Procedure 9-2) To determine if an owner is in violation of the zoning code you first must determine the zoning of the property (residential, agricultural, industrial, commercial, etc...) and then check what is permitted in that zoning or requires a permit. If you are not sure or need help to better understand the code, please do not hesitate to call the Planning Department, The list below, which is not all „inclusive, shows the different types of Planning Department violations that we investigate: Coastal Issues — Unyermitted I Unapproved Development or Activity: • Special Management Area 1 Shoreline Setback Non-compliance of: Special and Use Permits Change of Zone Ordinance Conditions • Plan Approval Conditions Illegal 1 Unpermitted: • Operation of a Junkyard (more than two unregistered vehicles or more than 200 sf of junk) Recreational Vehicles: Courses and Tracks • Auto Repair • Base Yard. Bed & Breakfast • Commercial Equipment Storage • Retreats and resorts. • Short Term Vacation Rentals (STVR) Encroachment: Intrusion of Setbacks . Exceeding Height Requirements Dwellings — Illegal or improper use of: Additional Farm Dwelling Duplex Mobile Homes • Multiple units • Ohana Home • More than five unrelated people Livestock — Maintaining, Raising or Keeping -of: • Apiaries • Kennels (commercial kennel, vrhere one is boarding or keeping dogs belonging to other people) Piggeries (more than tour pigs on an agricultural properly requires approval R brochure on piggeries is available at the Planning Department.) Roosters or chickens (on a non-agriccrltural zoned property) The purpose of the Zoning Code is to promote health, safety, morals, or the general welfare of the County by regulating and restricting the height, size of buildings, and other structures, the percentage of a building site that may be occupied, off-street parking, setbacks, size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. (Section 25-1-2(b)) So if you have any questions come in and see us. We are here to assist you. Page 2 or 2 1 C. Kimo Alameda, Ph.D. Mayor William V. Brilhante Jr. Managing Director West Hawaii Office 74-5044 rine Kcohokalole Hwy Kailua-Kona, Hawaii 96740 Phone (808) 323-4770 Fax (808) 327-3563 CERTIFIED MAIL 7021 0950 00001576 1550 January 14, 2026 Fortunato Bolo Kamoa Pabre Kimberly Alicia Pabre 73-1415 Kukuna Street Kailua Kona, HI 96740 Dear Mr. and Mrs. Pabre County of Hawai` i PLANNING DEPARTMENT Subject: Second Courtesy Letter Complaint: Raising Chickens Case #: PL-PCV-2025-01100 TMK: 7-3-007:067, O'oma-I't Kohanaiki, N. Kona, Hawai'i Jeffrey W. Darrow Director Michelle S. Ahn Deputy Director East Hawaii Office 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Phone (808) 961-8288 Fax (808) 961-8742 This second courtesy letter is to inform you that the Planning Department previously notified you of a complaint received on November 30, 2025, alleging that chickens are being raised along the boundary lines of your property. Please be advised that within the Family Agricultural (FA) District, any chicken coup or related structure is required to be located a minimum of seventy-five (75) feet from all property boundaries. Please contact Planning Inspector Tiffany Clark by email at tiffanyh.clark@hawaiicounty.gov or by phone at (808) 323-4770 to arrange a date and time to discuss and resolve this matter. Sincerely, Planning Director THC:thc \\cohl4ly\Planning\Staff\Tiffany\Enforcement\Livestock\7-3-007-067 PL-PCV-2025-01100 Pabre\PL- PCV-2025-01100 Pabre Courtesy Letter.docx Electronically copied. No hard copy to follow. CC: Division Planning Inspectors (Kona) www.nlannina.hawaiicounty.aov Hawai`iCounty isanEqualOpportunity Provider andEmployer planninadhawaiicounty.aov 017 [3 Ln t..W.) IC3 IC3 C,3 m C3 aura DI C:::3 ru From; To: Ufte, Amelia Cc: Clark. Tiffany H Subject: Re: 2026-01-14 PL-PCV-2025-61160 COURTESY LTR2 (F. PAERE) Date: Tuesday, January 27, 2026 10 36:14 AM AIoha Amelia, Can you tell me how many courtesy letters go out prior to any action by the county regarding this matter? Any information is appreciated. Mahalo, Nmrow On Thu, Jan 15, 2026 at 12:50 PM Uribe, Amelia 4__.:........::.: waiicountv.9o-v wrote: ...�.............. i.. T Aloha, As per your request, I have attached a copy of the second courtesy letter sent to the addressee. If you have any questions, please contact the Inspector noted in the letter. No hard copy to follow. Mahalo, Amelia Uribe CIerk III County of Hawaii - Planning Department West Hawaii Civic Center 74-5044 Ane Keohokalole Hwy, Bldg E, 2nd Flr Kailua Kona, HI 96740 Phn: (808) 323-4770 Fax* (808) 327-3563 Website: Planning.H�I4 ziii[_'c�ui�t� . rcv Email: �att "lip. Iri �c:h� 4vzii �o ai«v 019 From; 4!a To: Uribe, .''mcha Cc: R=`h'•P., -)el T. 'rii :S, .Y izabeth Subject: Re: 2026-01-14 PL-PCV-2025-61160 COURTESY LTR2 (F. PABRE) Hate: Tuesday, January 27, 2026 10:48:22 AM Aloha, 1 hope this message finds you well. Two courtesy letters have been issued to the property owners. The owners are currently working with the Countyto address and correct the issues identified. Please let me know if you have any questions or require additional Information. Mi ahalo, Tiff, --my H. Clark ounly of Hawaii _ Plaxtxting Department 7,1-130::].:1 Aric Koohokalolc Highway, Bldg: E, 2` ( Floor Main: (808) 323-47701 Direct: (808) 323-4772 Entail: tiffanyh.clarkCq)hawaiicounty-gov From: Sent: Tuesday, January 27, 2026 10:35 AM To: Uribe, Amelia <Amelia.Uribe@hawaiicQunty.gov> Cc: Clark, Tiffany H ETiffanyH.Clark@hawaiicounty.gov> Subject: fie: 2026-01-14 PL-PCV-2025-01100 COURTESY LTR2 {F. PABRE) Aloha Amelia, Can you tell me how many courtesy letters go out prior to any action by the county regarding this matter? Any information is appreciated. Mahalo, On Thu, Jan 15, 2026 at 12:50 PM Uribe, Amelia <Amelia.Uribe�L)hawaiicounW— o�> wrote: 020 Aloha, As per your request, I have attached a copy of the second courtesy letter sent to the addressee. If you have any questions, please contact the Inspector noted in the letter. No hard copy to follow. Mahalo, Amelia Uribe Clerk III County of Hawaii - Planning Department West Hawaii Civic Center 74-5044 Ane Keohokalole Hwy, Bldg E, 2nd Flr Kailua Kona, HI 96740 Phn: (808) 323-4770 Fax: (808) 327-3563 Website: Plannin.HawaiiCountov Email: 021 Oda, Michelle From: Sent: Thursday, February 12, 2026 7:30 PM To: Planning Internet Mail Subject: FW: Neighborhood Complaint Attachments: CCF_000099.pdf Aloha, I'm sending this message as it has been over 2 months since I sent the message below and have not heard anything from you. Also, it does not appear that any visible action has been taken regarding the improperly placed structures on the stated lot. Please update me on the items in the above paragraph_ Also, kindly advise on what and when something will be done by your department about this blatant violation. Warm regards, From: Sent: Sunday, November 30, 202S 7:25 AM To. planning@hawaiieounty.gov Subject: Neighborhood Complaint Hello, look forward to hearing from you regarding this attached complaint. Thank you kindly, I 022 County of Hawaii Planning Department h r]anuartl 20, 2022) Zoning; Land Use, and SMA Violation Complaint Fora/ 111Io(Volcailkr to Waimea) 101 Pitti:ilii Sliccl. Suitt! 3 1fik,, III '1ii120-�224 r80)1)')h1-R29,S 1 n\ (SUS) 9(,1-'1%742 / 1-matl l l.inrni p'ii-ltal�aiac,xenl6t.so v Ktwm i tl'aluil,l to I ja%%1) 74- 044,Onc I oollokakllc IW%. Rile 1'. 2110 Irlooi, Kai I R1-Koti,l, 111 1)074 In€iR] 323-4770 1 :l•, i t,it' Complainant Information: LZ Vllark. N/A Describe Alleged Zoning Violation (refer to Note 7 below): Zone FA-22 section 25-5-62(a)(15) _ Chicken coupes, shelters, processing structures, located on the property line as well as within the minimum 75' on the both the Easterly and the Northerly II r nc property address, what distinguishing feature is seen from the street that identifies the property? II 1]a.c you tried to resolve this proClern Lvith the violator before asking for our help? Yes No rr I' Yes Please explain why it didn't work: Had prior unpleasant encounter with homeowner; don't want to risk another Have you filed this complaint �,,Jth another government agency Yes NcZ If Yes. Date of --ontact: Person Contacted: Results of Wontact U-11M 111C IVIIVvVI11Ly 1111ul II111 iVI LI1G 011Gi�,Gu WILilcitVl. Property Tax Map Key (TMK) #: 730070670000 Community Obma Plantation Properly street Address:73-1415 Kukuna Street Kailua Kona H 196740 Violator (s) Full dame (if known).Kalnoa Fortunado Bolo Pabre Violator (s) Mailing Address (if known):73-1415 Kukuna Street Kailua Kona Hi 96740 Vl+ould you like to be blind copied on letters? Yes: I � l No: ❑ Sig Notes: 1) construction of any structure without a building permit is a Building Code Violation and should be referred to the Department of Public Works, Hilo Building Division (961-83311 or Kailua Kona Building Division 1323-4720}_. This includes VeOele living in tents, buses, shacks. sheds, etc. See track page for information on Zoning Code Violations. 2) a. Per Planning Department Rules of Practice and Procedures 9-2(a)i1 ) All information and records acquired by the planning Department under this part shall be coltfidential, However. it is possif le mat if cour. proceedings occur that tl is nformation could be subpoenaed and made known to all involved parties b- 9-2(b) All complaints shall be given to the Zoning inspector. Anonwnous complaints will oot be investigated by the Zoning inspector and/or other Planning Department personnel assigned Page 1 of 2 023 Zoning Violations Zoning is covered under Hawaii County Code Chapter 25. Access to the code can be found at: httlos:Hwww.hawaiiCOU[it y.qov/our-GULI€itV`IeuiSIative/affice -of-tIle -County-clerk/county-code Zoning inspectors are required to enforce the code through the complaint process. (Planning Department Rules of Practice and Procedure 9-2) To determine if an owner is in violation of the zoning code you first must determine the zoning of the property (residential. agricultural, industrial, commercial, etc...) and then check what is permitted in that zoning or requires a permit. If you are not sure or need help to better understand the code, please do not hesitate to call the Planning Department. The list below, which is not all inclusive, shows the different types of Planning Department violations that we investigate: Coastal Issues — Unpermitted I Unapproved Develooment or Activity: • Special Management Area / Shoreline Setback Non-compliance of: • Special and Use Permits • Change of Zone Ordinance Conditions Plan Approval Conditions Illeaal 1 Unloermitted: • Operation of a Junkyard r,more than two unregistered vehicles or more than 200 sf of junk) • Recreational Vehicles. Courses and Tracks • Auto Repair • Base Yard • Bed & Breakfast • Commercial • Equipment Storage • Retreats and resorts • Short Term Vacation Rentals (STVR) Encroachment: • Intrusion of Setbacks • Exceeding Height Requirements Dwellings — Illegal or improper use of: • Additional Faim Dwelling • Duplex • Mobile Homes • Multiple Units • Ohana Home • More than five unrelated people Livestock — Maintaining, Raising or Keeping of: • Apiaries • Kennels (commercial kennel, where one is hoarding or keeping dogs belonging to orher people) • Piggeries (more than four pigs on an agricultural property requires approval A brochure on piggeries is available at the Planning Department.) • Roosters or chickens (on a non-agricultural zoned property) The purpose of the Zoning Code is to promote health, safety, morals, or the general welfare of the County by regulating and restricting the height, size of buildings, and other structures, the percentage of a building site that may be occupied, off-street parking, setbacks, size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. (Section 25-1-2(rb)) So if you have any questions come in and see us. We are here to assist you. Page 2 of 2 024 Oda, Michelle From: Sent: Thursday, February 12, 2026 7:30 PM To: Planning Internet Mail Subject: FW: Neighborhood Complaint Attachments: CCF_000099.pdf Aloha, I'm sending this message as it has been over 2 months since I sent the message below and have not heard anything from you. Also, it does not appear that any visible action has been taken regarding the improperly placed structures on the stated lot. Please update me on the items in the above paragraph_ Also, kindly advise on what and when something will be done by your department about this blatant violation. Warm regards, From: Sent: Sunday, November 30, 202S 7:25 AM To. planning@hawaiieounty.gov Subject: Neighborhood Complaint Hello, look forward to hearing from you regarding this attached complaint. Thank you kindly, I 025 County of Hawaii Planning Department h r]anuartl 20, 2022) Zoning; Land Use, and SMA Violation Complaint Fora/ 111Io(Volcailkr to Waimea) 101 Pitti:ilii Sliccl. Suitt! 3 1fik,, III '1ii120-�224 r80)1)')h1-R29,S 1 n\ (SUS) 9(,1-'1%742 / 1-matl l l.inrni p'ii-ltal�aiac,xenl6t.so v Ktwm i tl'aluil,l to I ja%%1) 74- 044,Onc I oollokakllc IW%. 11da 1'. 2110 Irlooi, Kai I R1-Koti,l, 111 1)074 In€iR] 323-4770 1 :l•, i t,it' Complainant Information: LZ II Vllark. NIA IINote: Information above is required - Describe Alleged Zoning Violation (refer to Note 7 below): Zone FA-22 section 25-5-62(a)(15) _ Chicken coupes, shelters, processing structures, located on the property line as well as within the minimum 75' on the both the Easterly and the Northerly II r nc property address, what distinguishing feature is seen from the street that identifies the property? II 1]a.c you tried to resolve this proClern Lvith the violator before asking for our help? Yes No rr I' Yes Please explain why it didn't work: Had prior unpleasant encounter with homeowner; don't want to risk another Have you filed this complaint �,,Jth another government agency Yes NcZ If Yes. Date of --ontact: Person Contacted: Results of Wontact U-11M 1111C IVIIVvVI11Ly 1111ul II111 iVI LI1G 011Gi�,Gu WILilcitVl. Property Tax Map Key (TMK) #: 730070670000 Community Obma Plantation Properly street Address:73-1415 Kukuna Street Kailua Kona H 196740 Violator (s) Full dame (if known).Kalnoa Fortunado Bolo Pabre Violator (s) Mailing Address (if known):73-1415 Kukuna Street Kailua Kona Hi 96740 Vl+ould you like to be blind copied on letters? Yes: I � l No: ❑ 5ignatu Notes: 1) construction of any structure without a building permit is a Building Code Violation and should be referred to the Department of Public Works, Hilo Building Division (961-83311 or Kailua Kona Building Division 1323-4720}_. This includes VeOele living in tents, buses, shacks. sheds, etc. See track page for information on Zoning Code Violations. 2) a. Per Planning Department Rules of Practice and Procedures 9-2(a)ii ) All information and records acquired by the planning Department under this part shall be coltfidential, However. it is possif le mat if cour. proceedings occur that tl is information could be subpoenaed and made known to all involved parties b- 9-2(b) All complaints shall be given to the Zoning inspector. Anonwnous complaints will oot be investigated by the Zoning inspector and/or other Planning Department personnel assigned Page 1 of 2 026 Zoning Violations Zoning is covered under Hawaii County Code Chapter 25. Access to the code can be found at: httlos:Hwww.hawaiiCOU[it y.qov/our-GULI€itV`IeuiSIative/affice -of-tIle -County-clerk/county-code Zoning inspectors are required to enforce the code through the complaint process. (Planning Department Rules of Practice and Procedure 9-2) To determine if an owner is in violation of the zoning code you first must determine the zoning of the property (residential. agricultural, industrial, commercial, etc...) and then check what is permitted in that zoning or requires a permit. If you are not sure or need help to better understand the code, please do not hesitate to call the Planning Department. The list below, which is not all inclusive, shows the different types of Planning Department violations that we investigate: Coastal Issues — Unpermitted I Unapproved Develooment or Activity: • Special Management Area / Shoreline Setback Non-compliance of: • Special and Use Permits • Change of Zone Ordinance Conditions Plan Approval Conditions Illeaal 1 Unloermitted: • Operation of a Junkyard r,more than two unregistered vehicles or more than 200 sf of junk) • Recreational Vehicles. Courses and Tracks • Auto Repair • Base Yard • Bed & Breakfast • Commercial • Equipment Storage • Retreats and resorts • Short Term Vacation Rentals (STVR) Encroachment: • Intrusion of Setbacks • Exceeding Height Requirements Dwellings — Illegal or improper use of: • Additional Faim Dwelling • Duplex • Mobile Homes • Multiple Units • Ohana Home • More than five unrelated people Livestock — Maintaining, Raising or Keeping of: • Apiaries • Kennels (commercial kennel, where one is hoarding or keeping dogs belonging to orher people) • Piggeries (more than four pigs on an agricultural property requires approval A brochure on piggeries is available at the Planning Department.) • Roosters or chickens (on a non-agricultural zoned property) The purpose of the Zoning Code is to promote health, safety, morals, or the general welfare of the County by regulating and restricting the height, size of buildings, and other structures, the percentage of a building site that may be occupied, off-street parking, setbacks, size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. (Section 25-1-2(rb)) So if you have any questions come in and see us. We are here to assist you. Page 2 of 2 027 From: Gillis, Elizabeth To: ■ Rathie. Joel T.; Clark. Tiffany H Subject: PL-INT-2025-0011939 PL-PCV-2025-001100 RESPONSE Date: Friday, February 13, 2026 9:22:00 AM Attachments: 2025-12-19 PL-PCV-2025-01100 COURTESY LTR (F. PABRE).Wdf 2026-01-14 PL-PCV-2025-01100 COURTESY LTR2 (F. PABRE).Ddf Thank you for your follow-up regarding your complaint Planning is currently working with the property owner to address the concerns identified and to bring the property into compliance with the Hawaii County Code. Two Courtesy Letters have been issued to the owner outlining the matter and providing an opportunity to correct the situation. I have attached copies of the letters for your files. We will continue to monitor the case and will update you on any correspondence or enforcement actions issued by our office. Thank you for your patience. Elizabeth Gillis Planning Inspector II County of Hawaii Planning Department 74-5044 Ane Keohokalole Hwy, Bldg. E Kailua Kona, HI 96740 elizabeth.aillisaa hawaiicountv.aov 808-323-4770 14 cu rj uj Cc LU c4i IN H�YC� a Lu 0 LU ci 3: IN CL —J cy z C0,13 ..... "X" ell Cilil vA =3 LL LU he UPS . f,j 3r C3 lu CO j4 A Z�4 LU Ira m I ML Z a) cc ka 0 M 0 (1) ul Ln m CL -2 T 0 u c: Z E rn Ln CO 0 -lid M q +- tu 0 73 M C3 top MEM�— Or i C3 n't Ln cr C3 ru C3 °�oumul la LLJ F- 0 to 0) 0 o< LU In 12) z 0 0 * z CD co 0 cu a. 029 Z 8 ac E V3 an C> CD C:1 9 f� �fD z cm C) 04 21u 030 C. Kimo Alameda, Ph.D. Mayor William V. Brilhante, Jr. Managing Director West Hawaii Office 74-5044 rine Kcohokalole Hwy Kailua-Kona, Hawaii 96740 Phone (808) 323-4770 Fax (808) 327-3563 February 26, 2026 Forunato Bolo Kainoa Pabre Kimberly Alicia Pabre 73-1415 Kukuna Street Kailua Kona, HI 96740 Email jipabre 'nail.com Dear Mr. & Mrs. Pabre: Subject: Closure Letter County of Hawai` i PLANNING DEPARTMENT Reference: Courtesy Letter dated December 19, 2025 Complaint: Raising Chickens Case #: PL-PCV-2025-01100 TMK: 7-3-007:067, O'oma — 1st Kohanaiki, N. Kona, Hawai'i Jeffrey W. Darrow Director Michelle S. Alm Deputy Director East Hawaii Office 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Phone (808) 961-8288 Fax (808) 961-8742 This letter formally notifies you that Case No. PL-PCV-2025-01100 has been resolved and is hereby closed. Following review of the before -and -after photographs submitted, it has been determined that the chicken coops have been relocated out of the required side yard setbacks. Accordingly, the identified violation has been corrected. This determination is based upon the photographic evidence provided by the property owner. Please note that any future changes or modifications to the property may require additional review and approval by the Planning Department. As no other violations of the Hawaii County Zoning Code have been identified at this time, the Planning Department considers this matter closed. Should you have any questions regarding this determination, please contact Planning Inspector Tiffany Clark at tiffanyh.cark@hawaiicounty.gov. www.nlanning.hawaiicounty.Qov Hawaii County is an Equal Opportunity Provider and Employer 031 planning dhawaiicounty.aov Fortunato Bolo Kainoa Pabre Kimberly Alicia Pabre Case #: PL-PCV-2025-01100 February 26, 2026 Page 2 Sincerely, c.y tnr ir:y,� 1S S�i 06 iHSH) JEFFREY W. DARROW Planning Director THC:thc \\coh141v\Planning\Staff\Tiffany\Enforcement\Livestock\7-3-007-067 PL-PCV-2025-01100 Pabre\PL-PCV-2025-01100 Pabre Closure Letter.docx The following have been electronically copied. No hard copy to follow. 032 From; To: Cfark. Tiffany H Cc: Uribe. Amelia; Rathie, Joel T.; G0H,. F!i 7a�et Subject: Re: 2025-12-19 PL-PCV-2025-61160 COURTESY LTR , . PABRE] Hate: Wedresday, March 25, 2026 6:52:25 AM Thanks T•iffany...appreciate you keeping mein the Ioop. Sent from my Whone On Mar 24, 2026, at 2:24 PM, Clark, Tiffany H <TiffanyH.Clark a hawaiicounty.gov> wrote: Aloha, Thankyou for your patience regarding this matter. Please be advised that we are currently working with the property owners to address the issue, and appropriate steps are being taken toward resolution. Mahaio, Fi tfi ray H. Clark Cour,, i y of Hawaii _ PlaYtltijig Department _4—_ U 4Arie Keohokalole Highway, Bldg.-E, 2" " :Floor 96740 Main_ (SOS) 323-47701 Direct: (SQS) 323-4772 Entail: tiffanyh.clark@hiwaiicounty.gov From: Sent: Monday, March 23, 2026 9:26 AM To: Uribe, Amelia Amelia,Uribe@hawaiicounty.gov>; Clark, Tiffany H <TiffanyH .0 lark@ hawai icou nty.gov3 Subject: Re: 2025-12-19 PL-PCV-2025-01100 COURTESY LTR (F. PABRE) Amelia.. Hope this email finds you doing well. 033 I am circling back with reference below regarding enforcement. No progress has been taken on property to become compliant. I kindly ask fora response to situation and next steps. Find regards Sent from my iPhone On Dec 23, 2025, at 6:23 PM, Robert Stoppek <rjstoppek a,gmail.com> wrote: Thank you for notification. Sent from my iPhone On Dec 23, 2025, at 5:18 PM, Uribe, Amelia <Amelia.Uribe@,,hawaiicounty.gov> wrote. Aloha, As per your request, I have attached a copy of the courtesy letter sent to the addressee. If you have any questions, please contact the Inspector noted in the letter. No hard copy to follow. Mahato, Amelia Uribe Clerk III County of Hawaii - Planning Department West Hawaii Civic Center 74-5044 Ane Keohokalole Hwy, Bldg E, 2ncl Flr Kailua Kona, HI 96740 034 Phn: (808) 323-4770 Fax: (808) 327-3563 Website: Planning. HawaiiCounty.gov Email:`air��,qua.iriilky�,4y�na:wa;:iiii;�ai�nv <2025-12-19 PL-PCV-2025-01100 COURTESY LTR (F. PABRE).pdf> 035 C. Kimo Alameda, Ph.D. Mayor William V. Brilhante, Jr. Managing Director WestHawai`i Office 74-5044 Anc Kcohokalole Hwy Kailua-Kona, Hawaii 96740 Phone (808) 323-4770 Fax (808) 327 3563 CERTIFIED MAIL 7021 0950 0000 1576 1772 April 1, 2026 Fortunato Bolo Kainoa Pabre Kimberly Alicia Pabre 73-1415 Kukuna Street Kailua Kona, HI 96740 Email jipabreg unail.com Dear Mr. & Mrs. Pabre: County of Hawai` i PLANNING DEPARTMENT Subject: Notice of Violation and Order Complaint: Raising Chickens Reference: Continuous Community Complaints Case #: PL-PCV-2025-01100 TMK: 7-3-007:067, O'oma — lst Kohanaiki, N. Kona, Hawai'i Jeffrey W. Darrow Director Michelle S. Alm Deputy Director East Hawaii Office 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Phone (808) 961-8288 Fax (808) 961-8742 This letter serves as formal notice that a violation of the Hawaii County Zoning Code has been identified on your property. A Courtesy Letter dated January 14, 2026, previously informed you of a complaint regarding chickens being kept near the property boundary. Planning Department (PD) records indicate that the property is situated within the State Land Use Agricultural District and the County of Hawaii Family Agricultural FA-2a zoning district. SITE INSPECTION REPORT A site inspection needs to be conducted to observe any violations on the property: 1. Schedule site inspection PD records revealed additional information: 1. Numerous photographs taken disclosing the violation of the property. www.Planning.hawancountt ov Hawaii County is an Equal Opportunity Provider and Employer WanningL hawaucounty.gov Fortunato Bolo Kainoa Pabre Kimberly Alicia Pabre Notice of Violation and Order Case #: PL-PCV-2025-01100 April 1, 2026 Page 2 NOTICE OF VIOLATION The Planning Director has determined that you are in violation of the following Statutes, Codes and relevant Sections based on the investigation conducted and site inspection report provided by Planning Inspector Tiffany Clark: HCC 1. Chicken enclosures are located too close to property boundary lines. Section 25-5-66. Minimum yards. (b) In the FA district, accessory buildings and enclosures (other than fences under eight feet high) for the shelter and confinement of any livestock shall be at least thirty feet from the side and rear property lines. You are hereby ORDERED to complete the following corrective action(s) at your own expense within 30 days after USPS Postmaster Date Stamp on Certified Mail Receipt. 1. Relocating all chicken enclosures so they are at least 30 feet from all property boundaries. 2. Contact the Planning Department to schedule a site inspection to verify compliance. HCC PENALTY You are being assessed an initial civil fine of $500.00 each of 2 (two) Hawaii County Zoning Code Violation for a total of $1,000.00. 2. If the above stated Order for the HCC Violations are not resolved by the "Deadline Date", a daily civil fine starting at $100.00 per day shall be imposed beginning the day after the deadline date, unless otherwise noted until all the above corrective actions have been completed. • Daily fines will increase according to the Department's daily fine schedule until the violation is corrected. Resolution of this NOVO requires completion of all Corrective Actions and payment in full of all civil fines. See Fines in General Information. Resolution of the violations includes correction of the violation and payment of all civil fines. This Order shall become final 30 days after USPS Postmaster Date Stamp on Certified Mail Receipt. 1. On or before the final date, any person(s) subject to this Order may appeal against the Order. 037 Fortunato Bolo Kainoa Pabre Kimberly Alicia Pabre Notice of Violation and Order Case #: PL-PCV-2025-01100 April 1, 2026 Page 3 The provision of the order issued by the Director under this section shall become final thirty days after receipt of the order unless the director's action is appealed to the board of appeals as provided in this section. 1. Contact our Planning Inspector by letter or e-mail to arrange a date and time on or before the deadline date to have the property inspected to verify compliance with HRS and Chapter 25 Zoning Code. 2. Should the site inspection reveal no HCC violation(s) and after our satisfactory review of the evidence provided, the Planning Director shall CLOSE the complaint file with no further action taken. 3. Should you fail to contact our planning inspector by the deadline date listed in the Order, the civil fines that were assessed shall be imposed on the day after the deadline date. APPEAL Within thirty days after the person's receipt of the NOVO, any person adversely affected by the NOVO may appeal the NOVO to the Board of Appeals as provided by Section 6-9.2 of the County Charter and Sections 25-2-20 thru 25, Division 2, Article 2 of Chapter 25, Hawai`i County Code 1983 (2016 Edition, as amended). An appeal to the Board of Appeals shall not stay the provisions of the order pending the final decision of the Board of Appeals. See Appeal in General Information. TIME EXTENSION A time extension may be granted based on actions taken toward compliance. See General Information. Failure to comply may result in further enforcement action, including referral to other agencies or legal proceedings. Should you have questions regarding this matter please contact Tiffany Clark at our office at planning@hawaiicounty.gov. Sincerely, JEFFREY W. DARROW Planning Director THC:thc \\coh141vAPlanning\StafflTiffany\Enforcement\Livestock\7-3-007-067 PL-PCV-2025-01100 PabreAPL-PCV-2025-01100 Pabre NOVO Lettendocx The following have been electronically copied. No hard copy to follow. W-11 From: Sent: Monday, April 20, 2026 4;03 PM To: Planning Internet Mail Subject: Questions about FA-2a zoning laws and regulations Aloha, I live in a family agriculture district and am writing for clarification of some FA-2a zoning district laws. This is regarding a neighbor who is raising roosters on their property and I need to educate myself as to the l@ws pertaining to such activities. Question #1: Section 25-5-62 Permitted uses states: (15) Livestock, grazing; provided that any feed or water area, salt lick, corral, run, barn, shed, stable, house, hutch, o r other enclasrare for the keeping of any permitted animals shall be located at least seventy-five feet from any lot line. Then in Section 25-5-66 Minimum yards- (b) In the FA district, accessory buildings and enclosures (otherthan fences under eight feet high) for the shelter and confinement of any livestock shall be at least thirty feet from the side and rear property lines. Question #1: which is it? 75 feet from any lot line? Or 30 feet from the side and rear property lines? And what is the difference? Why are there two very different distances? Question #2: is there a specific density {amount} of birds that may be kept in the designated area? Question #3: are you allowed to keep chickens in a fenced in area under 8ft in height even though the fence is within 30 feet of property lines? Question #4: are "rooster teepees" (those upside down V shaped shelters) considered "enclosures" by county law? Question #5: do FA-2a laws and regulations negate ALL HOA CC&R's? Orlalso, do HOA CC&R's mean NOTHING if different from FA-2a laws? Wean you have temporary agricultural structures (allowed by county FA-2a laws) even though the specific subdivision CC&R's say no temporary structures are allowed? Question *6: are rock walls on FA-2a zoned land exempt from and HOA regulations? le: may you build as many rock walls as you like, as long as they are under6ft in height, regardless of if they are for AG use or not? Thank you for your prompt attention to this. The issue has been going on for far too long, and it is time to educate myself and my community neighbors as to our rights and regulations regarding living in our FA-2a zoning district. Mahalo, 1 039 Outlook Response to Email Regarding FA zoning district - PL-2026-012855 From Gillis, Llizabeth <Lllzabeth.Gillis(Phawaiicounty.gov> Date Thu 4/23/2026 8:41 AM TO Cc Rathje, Joel T. <Joel.Rathje@hawaiicounty.gov>; Clark, Tiffany H <TiffanyH.Clark@hawaiicounty.gov> Aloha The Department of Planning received your inquiry regarding zoning regulations applicable to properties within the Family Agricultural (FA-2a) zoning district. Please see our response below: 1. Setback Requirements — 75 feet vs. 30/20 feet Section 25-5-56 of the Hawai'i County Code establishes minimum yard requirements within the FA district, generally requiring setbacks of thirty (30) feet for front and rear yards and twenty (20) feet for side yards. However, Section 25-5-62(15) provides that any barn, shed, stable, hutch, corral, run, or other enclosure for the keeping of livestock or permitted animals shall be located at least seventy-five (75) feet from any lot line. Accordingly, where a structure or area is used for the keeping or confinement of livestock, the seventy-five (75) foot separation requirement applies and controls over the standard yard setbacks. 2. Density (plumber) of Birds Chapter 25 does not establish a specific numerical limit on the number of chickens (roosters) permitted within the FA zoning district. Agricultural uses, including the raising of poultry, are permitted; however, such use must remain consistent with agricultural purposes and comply with applicable standards of the Code. 3. Fenced Areas Under Eight (8) Feet in Height Fences under eight (8) feet in height are generally exempt from standard yard setback requirements. However, this exemption does not apply where the fenced area is used for the sheltering or confinement of livestock_ If a fenced area functions as an enclosure for livestock, the seventy-five (75) foot separation requirement from property lines, as set forth in Section 25-5-62(15), still applies regardless of fence height. 4. "Rooster Teepees" as Fnclosures M8 Chapter 25 regulates structures based on their function. Any structure used for the sheltering, housing, or confinement of animals —regardless of its form or permanence —may be considered an enclosure under the Code. Accordingly, structures such as "rooster teepees," if used to house or confine animals, would be subject to applicable enclosure requirements, including the seventy-five (75) foot setback. 5. Applicability of HOA CC&Rs County zoning regulations and private Homeowners Association (HOA) Covenants, Conditions, and Restrictions (CC&Rs) operate independently. The Department of Planning enforces Chapter 25 of the Hawaii County Code but does not enforce private CC&Rs. Property owners remain responsible for compliance with both. Where private CC&Rs impose more restrictive limitations, those restrictions may be enforceable through civil means. 6. Rock Walls and HOA Regulations While certain walls or fences may be permitted under the Hawaii County Code and may not require permits depending on height and construction, such allowances do not exempt a property owner from compliance with applicable HOA CC&Rs. hope provides some clarity and answers your questions. Elizabeth Gillis Planning Inspector II County of Hawaii Planning Department 74-5044 Ane Keohokalole Hwy, Bldg. E Kailua Kona, HI 96740 iz h gilli a[7hawaiicounty gpvv 808-323-4770 041 From: To., Clark, Tiffany H Cc Uribt._Amelia; Rer__hi�. Joel T.; Gillis. Elizabeth: Subject: Re: 2025-12-19 PL-PCV-2025-01100 COURTESY LTR (F. PABRE) Date: Monday, May 11, 2026 8:13:34 AM Attach menu. 494F2 EB8-53 DO-4n4A-ABE4-A37n 82 CDCFZ. ono Tiffany... Hope this email finds you doing well. I am circling back as the situation is spiraling out of control. Rather than complying with moving animal cages 75ft from boundaries the Pabres continue to build out the rooster installation on their property. They are adding many more cages and out buildings which not only violate planning commission guidelines but the noise, smell and unsightliness is causing significant disturbance to neighborhood. I am attaching picture representing the view from my property. Can you please provide update on what actions your team are doing to enforce and mitigate situation. Much appreciated On Mar 25, 2026, at 11:52 AM, Mote: Thanks Tiffany... appreciate you keeping me in the loop. Sent from my Phone On Mar 24, 2026, at 2:24 PM, Clark, Tiffany H<TiffanvH.Clark2hawaiicountv.trov> wrote: Aloha, Thank you for your patience regardingthis matter. E A Please be advised that we are currently working with the property owners to address the issue, and appropriate steps are beingtaken toward resolution. Mallalo, Tiffany I-[. Clark Crsuatty of Hawaii - Plaatning Depar ment 74-5044 Ane Keohokalole Highway, Bldg.-F, 2`11 Floor Kailua Kona, H1 96740 Main: (808) 323-47701 Direct: (808) 323-4772 Email: tiffanyh.clarkPhawaiicount!K.go From: sent: Monday, March 23, 2026 9:26 AM To: Uribe, Amelia <AmeU r__ibe@ha`waiicounty-ova; Clark, Tiffany H iffanvH.Clark6@hawaiicountv.zLv7 Cc Subject: Re; 2025-12-19 PL-PCV-2025-01100 COURTESY LTR (F. PA6RE) Amelia.. Hope this email finds you doing well. I am circling back with reference below regarding enforcement. No progress has been taken on property to become camp liant. I kindly ask for a response to situation and next steps. Sent from my Whone On Dec 23, 2025, at 6:23 Thank you for notification. Sent from my Phone 0n Dec 23, 2025, at 5:98 PM, Uribe, Amelia sAmeka Uril�e[C�hawaiicountv.c�� wrote: Aloha, wrote: As per your request, I have attached a copy of the courtesy letter sent to the addressee. If you have any questions, 043 please contact the Inspector noted in the letter. No hard copy to follow. Mahalo, Amelia Uribe Clerk III County of Hawaii - Planning Department West Hawaii Civic Center 74-5044 Ane Keohokalole Hwy, Bldg E, 2nd Flr Kailua Kona, HI 96740 Phn: (808) 323-4770 Fax: (808) 327-3563 Website: Planning. HawaiiCount ov Email: AirnneU .U- iibo(ilx-h(iw iiii(:;o(lirnt ov <2025-12-19 PL-PCV-2025-01100 COURTESY LTR (F. PABRE).pdf> NMI C. Kimo Alameda, Ph.D. Mayor William V. Brilhante, Jr. Managing Director West Hawai'i Office 74-5044 Ane Keohokalole Hwy Kailua-Kona, Hawai'i 96740 Phone (808) 323-4770 Fax (808) 327-3563 May 13, 2026 Fortunato Bolo Kainoa Pabre Kimberly Alicia Pabre 73-1415 Kukuna Street Kailua Kona, HI 96740 Email: are mail.com Subject: Closure Letter County of Hawaii PLANNING DEPARTMENT Jeffrey W. Darrow Director Michelle S. Ahn Deputy Director East Hawai'i Office 101 Pauahi Street, Suite 3 Hilo, Hawai'i 96720 Phone (808) 961-8288 Fax (808) 961-8742 Reference: Notice of Violation and Order dated April 1, 2026 Case #: PL-PCV-2025-01100 TMK: 7-3-007:067, O'oma — 1st Kohanaiki, N. Kona, Hawaii Dear Mr. & Mrs. Pabre, This letter formally informs you that Case #PL-PCV-2025-01100 is resolved and officially closed. On May 11, 2026, Planning Inspectors conducted a compliance inspection at your property. The inspection verified that the animal housing and chicken cages have been relocated toward the center of the property. Measurements show the structures are approximately 52 feet from the property boundary lines, which exceeds the required setback distance. After reviewing the results of the inspection, the Planning Director has determined that the appropriate setback in the FA Zoning District should be 30 feet. The current placement of the structures exceeds that requirement, so the violation has been considered corrected and the case is closed. For your information, in accordance with Hawai'i County Code, Chapter 25 (Zoning) Section 25-2-20, the director's decision may be appealed as follows: (a) Any person aggrieved by the decision of the director in the administration or application of this chapter may, within thirty (30) days from the date of the receipt of the Order appeal the decision to the Board of Appeals. www.plannino.hawaiicount}.gov Hawai'i County is an Equal Opportunity Provider and Employer Dian nin hawaiicounty.aov 045 Fortunato Bolo Kainoa Pabre Kimberly Alicia Pabre Closure Letter PL-PCV-2025-01100 May 13, 2026 Page 2 If you have questions about this matter, please contact Tiffany Clark at lannin awaiicounty. ov. Sincerely, e .� n Yi.,... JEFFREY W. DARROW Planning Director THC:thc \\coh141v\PIan ning\Staff\Tiffany\Enforcement\Livestock\7-3-007-067 PL-PCV-2025- 01100 Pabre\PL-PCV-2025-01100 Pabre Closure Letter 2.docx Enclosure: GENERAL PETITION FOR APPEAL OF DECISIONS BY PLANNING DIRECTOR OR PUBLIC WORKS DIRECTOR The following have been electronically copied. No hard copy to follow. EMM 96740 a, Ni, z LU Lai< 0 a- OC 4. Y Z C6 Z a :3 Lt. S, PO FCM LE'tcyY KEALAK APR 06, $10 S232 H5 lu It. At jA cu fn OL fa r� -7- 0 (3) to -- C: " . �j m -: 7E)0 I cl, QY 0 0 >- Ln C (1) ru t E 0 u- Ot 0 13 Cl El or, 0 DO 2 Tl' ME 42, 19 x d 11 0 nj co Ln 75 co rj I County of Hawaii BOARD OF APPEALS Aupum Censer • 101 Pau.dii, State 3 + Hlba. € Iemat't 96720 (808) 961-8288 • Fax 6968 461-8742 GENERAL PETITION FOR APPEAL OF DECISIONS BY PLANNING DIRECTOR OR PUBLIC WORKS DIRECTOR (Type or legibly print the requested information. See instructions attached.) TYPE OF PETITION (check one): ❑■ Appeal Decision of the Planning Director SUBJECT PROPERTY (land in question): Tax Map Key (TMK): (3) 7-3-007-067 State Land Use Designation: County Zoning Street Address: 73-1415 Kukuna Street, Kailua-Kona, Hawaii 96740 Appeal Decision of Director of Public Works APPELLANT INFORMATION: Area of Property: Family Agricultural (FA) District Name(s): O'oma Plantation Community Association Signature(s): - Date: 613/2026 Mailing Address: c/o Erik Tremain, 73-1348 Kukuna St., Kailua-Kona, Hawaii 96740 Telephone: Email: Erik@Tremain-Design.com The Board of Directors ;"Board" t has ar Interest :his prcper'v as r. is subject to O'oma Plantation l;ommun:lj Associalion's (the "Association") Interest in Subject Property: Declaration of Protective Covenants,. Conditions and Restrictions for C'oma Plantation ("Declaration") and By -Laws of O'oma Plantation Community Association ("By -Laws") (collectively, "Governing Documents"). LANDOWNER INFORMATION: Name(s): Kimberly Alicia Pabre and Fortunato Bolo Kainoa Pabre Signature(s)1: Date: Mailing Address: 73-1415 Kukuna Street, Kailua-Kona, Hawaii 96740 Telephone: Email: kpabre@gmail.com ( kainoap7@gmail.com APPELLANT REPRESENTATIVE INFORMATION (leave blank if not applicable): Name(s)%Title(s): H. Maxwell Kopp Esq. { Sara M. Nakayama, Esq. Sign ature(s): hate: �un'E t420Z Mailing Address: 6441 B€shop Street, Suite 1500, Honolul , Hawaii 96813 Telephone: 308-539-1100 Email: mkopper@HawaiiLegal.com I snakayama@HawaiiLegal com Not required if the Landowner is not the Appellant. \\COH01\planning`,public\BOA\Forms and Label s\Application Forms\APPEAL 2021-07 - PL or PW Dir.docx Revised April 2021 M, • Statement of the nature of Appeal and the Relief Requested. Include Director's decision and decision date: On May 13, 2026, the County of Hawaii Planning Department Director, Jeffrey W. Darrow ("PDD") issued his decision (the "Decision") regarding the Property located at 73-1415 Kukuna Street, Kailua-Kona, Hawaii 96740 (the "Lot"). The Decision provided that the structures on Mr. and Mrs. Pabre's Lot were in compliance with Hawaii County Code ("HCC") Section 25-5-66 as he notes that the appropriate setback in the FA Zoning District is 30 feet. However, this Decision fails to take into account the requirements of HCC Section 25-5-62, thus, we disagree with this Decision. The Board would like the PDD to re-evaluate his decision and issue a decision consistent with the fact that the appropriate setback in this situation is seventy-five (75) feet since the enclosures at issue are for the keeping of animals (chickens) and should be at least seventy-five (75) feet from any lot line, in accordance with HCC Section 25-5-62. Statement of how the Director's decision violates the law; or is clearly erroneous; or is arbitrary or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion: HCC Section 25-5-66 establishes a minimum yard requirement, specifically for "accessory buildings and enclosures", which are defined in HCC Section 25-1-5(b) as "a building [...] detached from and subordinate to a main building or main use on the same building site and used for the purposes customarily incidental to those of the main building or use." On the other hand, HCC Section 25-5-62 specifically requires that enclosures for permitted animals be located at least seventy-five (75) feet from any lot fine. Elizabeth Gillis, a Planning Inspector EI at the Planning Department, similarly acknowledged a conflict between HCC Section 25-5-56 and HCC Section 25-5-62(15), stating that HCC Section 25-5-62(15) would prevail "where a structure or area is used for the keeping or confinement of livestock, the seventy-five (75) foot separation requirement applies and controls over the standard yard setbacks". Here, the enclosures at issue are for the housing and keeping of chickens, and thus, the structures should be located at least seventy-five (75) feet from any lot line. The DPP's decision is erroneous because the structures at issue are plainly designed and used for the housing of chickens, rather than functioning as subordinate or accessory structures to the "main building There is inconsistency in the application of the HCC, particularly when another inspector has determined that the provision that governs the required set backs in this matter, as the structure is for the keeping of livestock, is HCC Section 25-5-62 and thus, the seventy-five (75) foot setback applies and controls over the standard setback requirement. Statement of any other relevant facts: If there is insufficient space on this form to provide the information, then please include supplemental documents. \\COH01\planning\public\BOA\Forms and Labels\Application Formsl,APPEAL 2021-07 - PL or PW Dir.docx Revised April 2021 050 C. Kimo Alameda, Ph.D. Mayor William V. Brilhante, Jr. Managing Director West Hawaii Office 74-5044 Ane Keohokalole Hwy Kailua-Kona, Hawaii 96740 Phone (808) 323-4770 Fax (808) 327-3563 May 13, 2026 Fortunato Bolo Kainoa Pabre Kimberly Alicia Pabre 73-1415 Ku ku n a Street Kailua Kona, HI 96740 Email:.kpabre@qmaii.com Subject: Closure Letter y�wtrfos k�'. i.i �rF uF•w'� County of Hawaii PLANNING DEPARTMENT Jeffrey W. Darrow Director Michelle S. Ahn Deputy Director East Hawai'i Office 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Phone (808) 961-8288 Fax (808) 961-8742 Reference: Notice of Violation and Order dated April 1, 2026 Case #: PL-PCV-2025-01100 TMK: 7-3-007:067 O'oma — 1" Kohanaiki N. Kona Hawai'i Dear Mr. & Mrs. Pabre, This letter formally informs you that Case #PL-PCV-2025-01100 is resolved and officially closed. On May 11, 2026, Planning Inspectors conducted a compliance inspection at your property. The inspection verified that the animal housing and chicken cages have been relocated toward the center of the property. Measurements show the structures are approximately 52 feet from the property boundary lines, which exceeds the required setback distance. After reviewing the results of the inspection, the Planning Director has determined that the appropriate setback in the FA Zoning District should be 30 feet. The current placement of the structures exceeds that requirement, so the violation has been considered corrected and the case is closed. For your information, in accordance with Hawai'i County Code, Chapter 25 (Zoning) Section 25-2-20, the director's decision may be appealed as follows: (a) Any person aggrieved by the decision of the director in the administration or application of this chapter may, within thirty (30) days from the date of the receipt of the Order appeal the decision to the Board of Appeals. www lannin .hawaiicount ov Hawaii County is an Equal Opportunity Provider and Employer planning hawaiico-untv.00v 051 Fortunato Bolo Kainoa Pabre Kimberly Alicia Pabre Closure Letter P L-PCV-2025-01 100 May 13, 2025 Page 2 If you have questions about this matter, please contact Tiffany Clark at planninq@hawaiicounty.gov. Sincerely, t7���� 1rV. �Gf�Y01�t1 Jeffrey 4' . Darro . (May 13, 2026 13.55,06 HST, JEFFREY W. DARROW Planning Director THC:thc \\coh141v\Planning\Staff\Tiffany\Enforcement\Livestock\7-3-007-057 PL-PCV-2025- 01100 Pabre\PL-PCV-2025-01100 Pabre Closure Letter 2.docx Enclosure: GENERAL PETITION FOR APPEAL OF DECISIONS BY PLANNING DIRECTOR OR PUBLIC WORKS DIRECTOR The following have been electronically copied. No hard copy to follow. 052 46 Outlook Re: Response to Email Regarding FA zoning district - PL-2026-012855 From > Date Thu 4/23/2026 11:01 AN TO Cc J Z anachments (535 KBI Email from Planning Inspector regarding Agricultural zoning regulations.pdf, 2026.04.01 PL-PCV-2025.01100 NOVO LTA (F. PARPQ.pdf. E On Apr 23, 2026, at 10:02AM, > wrote: From: Gillis, Elizabeth cEllzabeth.Gillis�hawaiirountv.gn Sent: Thursday, April 23, 2026 8:41 AM Cc: Rathie, Joel T. -cgel.Rathjg hawaiicounri.ggya; Clark, Tiffany H cIiff n_yH.Clark hawaiicounty,ggi> Subject: Response to Email Regarding FA zoningdistrict - PL-2026-0128SS Aloha, The Department of Planning received your inquiry regarding zoning regulations applicable to properties within the Family Agricultural (FA-2a) zoning district. Please see our response below: 1. Setback Requirements — 75 feet vs. 30/20 feet Section 25-5-56 of the Hawai'i County Code establishes minimum yard requirements within the FA district, generally requiring setbacks of thirty (30) feet for front and rear yards and twenty (20) feet for side yards. However. Section 25-5-62(15) provides that any barn, shed, stable, hutch, corral. run, or other enclosure for the keeping of livestock or permitted animals shall be located at least seventy-five (75) feet From any lot line. Accordingly, where a structure or area is used for the keeping or confinement of livestock, the seventy-five (75) foot separation requirement applies and controls over the standard yard setbacks. 2. Density (Number) of Birds Chapter 25 does not establish a specific numerical limit on the number of chickens (roosters) permitted within the FA zoning district. Agricultural uses, including the raising of poultry, are permitted: however, such use must remain consistent with agricultural purposes and comply with applicable standards of the Cade. 3. Fenced Areas Under Eight (8) Feet in Height 053 Fences under eight (8) feet in height are generally exempt from standard yard setback requirements. However, this exemption does not apply where the fenced area is used for the sheltering or confinement of livestock. If a fenced area functions as an enclosure for livestock, the seventy-five (75) foot separation requirement from property lines, as set forth in Section 25-5-62(15), still applies regardless of fence height. 4. "Rooster Teepees" as Enclosures Chapter 25 regulates structures based on their function. Any structure used for the sheltering, housing, or confinement of animals — regardless of its form or permanence —may be considered an enclosure under the Code. Accordingly, structures such as "rooster teepees." if used to house or confine animals, would be subject to applicable enclosure requirements, including the seventy-five (75) foot setback. 5. Applicability of HOA CC&Rs County zoning regulations and private Homeowners Association (HOA) Covenants, Conditions, and Restrictions (CC&Rs) operate independently. The Department of Planning enforces Chapter 25 of the Hawaii County Code but does not enforce private CC&Rs. Property owners remain responsible for compliance with both. Where private CC&Rs impose more restrictive limitations, those restrictions may be enforceable through civil means. 6. Rock Walls and HOA Regulations While certain walls or fences may be permitted under the Hawaii County Code and may not require permits depending on height and construction, such allowances do not exempt a property owner from compliance with applicable HOA CC&Rs. hope provides some clarity and answers your questions. Elizabeth Gillis Planning Inspector II County of Hawaii Planning Department 74-5044 Ane Keohokalole Hwy, Bldg. E Kailua Kona, HI 96740 le izabeth•gilliaahawaiicounty.gov 808-323-4770 054 Aloha, The Department of Planning received your inquiry regarding zoning regulations applicable to properties within the Family Agricultural (FA-2a) zoning district. Please see our response below: 1. Setback Requirements — 75 feet vs. 30120 feet Section 25-5-56 of the Hawaii County Code establishes minimum yard requirements within the FA district, generally requiring setbacks of thirty (30) feet for front and rear yards and twenty (20) feet for side yards. However, Section 25-5-62(15) provides that any barn, shed, stable, hutch, corral, run, or other enclosure for the keeping of livestock or permitted animals shall be located at least seventy-five (75) feet from any lot line. Accordingly, where a structure or area is used for the keeping or confinement of livestock, the seventy-five (75) foot separation requirement applies and controls over the standard yard setbacks. 2. Density (Number) of Birds Chapter 25 does not establish a specific numerical limit on the number of chickens (roosters) permitted within the FA zoning district. Agricultural uses, including the raising of poultry, are permitted; however, such use must remain consistent with agricultural purposes and comply with applicable standards of the Code. 3. Fenced Areas Under Eight (8) Feet in Height Fences under eight (8) feet in height are generally exempt from standard yard setback requirements. However, this exemption does not apply where the fenced area is used for the sheltering or confinement of livestock. If a fenced area functions as an enclosure for livestock, the seventy-five (75) foot separation requirement from property lines, as set forth in Section 25-5-52(15), still applies regardless of fence height. 4. "Rooster Teepees" as Enclosures Chapter 25 regulates structures based on their function. Any structure used for the sheltering, housing, or confinement of animals —regardless of its form or permanence — may be considered an enclosure under the Code. Accordingly, structures such as "rooster teepees," if used to house or confine animals, would be subject to applicable enclosure requirements, including the seventy-five (75) foot setback. 5. Applicability of HOA CC&Rs County zoning regulations and private Homeowners Association (HOA) Covenants, Conditions, and Restrictions (CC&Rs) operate independently. The Department of Planning enforces Chapter 25 of the Hawaii County Code but does not enforce private CC&Rs. Property owners remain responsible for compliance with both. 055 Where private CC&Rs impose more restrictive limitations, those restrictions may be enforceable through civil means. 6. Rock Walls and HOA Regulations While certain walls or fences may be permitted under the Hawaii County Code and may not require permits depending on height and construction, such allowances do not exempt a property owner from compliance with applicable HCA CC&Rs. I hope provides some clarity and answers your questions. Elizabeth Gillis Planning Inspector II County of Hawaii Planning Department 74-5044 Ane Keohokalole Hwy, Bldg. E Kailua Kona, HI 96740 elizabeth.gills@iu hawaiicountygov 808-323-4770 W . C. Kimo Alameda, Ph.D. Mayor William V. Brilhante, Jr. Managing Director West Hawai'i Office 74-5044 Ane Keohokalole Hwy Kailua-Kona, Hawvai`i 96740 Phone (808) 323-4770 Fax (808) 327-3563 CERTIFIED MAIL 7021 0950 0000 1576 1772 April 1, 2026 Fortunato Bala Kainoa Pabre Kimberly Alicia Pabre 73-141.5 Kukuna Street Kailua Kona, H196740 Email: kpabre, gmail.com Dear Mr. & Mrs. Pabre: County of Hawai` i PLANNING DEPARTMENT Subject: Notice of Violation and Order Complaint: Raising Chickens Reference: Continuous Community Complaints Jeffrey W. Darrow Director ]Michelle S. Ahn Deputy Director East Hawaii Office 101 Pawhi Street, Suite 3 Hilo, Hawaii 96720 Phone (808) 961-8288 Fax (8 0 8) 961-8 74 2 Case #: PL-PCV-2025-01100 TMK: 7-3-007:067, Oi'oma — V Kohanaiki, N. Kona, Hawai'i This letter serves as formal notice that a violation of the Hawaii County Zoning Code has been identified on your property. A Courtesy Letter dated January 14.2026, previously informed you of a complaint regarding chickens being kept near the property boundary. Planning Department (PD) records indicate that the property is situated within the State Land Use Agricultural District and the County of Hawaii Family Agricultural FA-2a zoning district. SITE INSPECTION REPORT A site inspection needs to be conducted to observe any violations on the property: 1. Schedule site inspection PD records revealed additional information: 1. Numerous photographs taken disclosing the violation of the property. wwwPlannim.hawaiieaunry.eov Hawaii Cotony is an EqualOpportrenity Provider and Employer planningCith awai is o unty, gQ 057 Fortunato Bolo Kainoa Pabre Kimberly Alicia Pabre Notice of Violation and Order Case #: PL-PCV-2025-01100 April 1, 2026 Page 2 NOTICE OF VIOLATION The Planning Director has determined that you are in violation of the following Statutes, Codes and relevant Sections based on the investigation conducted and site inspection report provided by Planning Inspector Tiffany Clark: HCC 1. Chicken enclosures are located too close to property boundary lines. Section 25-5-66. Minimum yards. (b) In the FA district, accessory buildings and enclosures (other than fences under eight feet high) for the shelter and confinement of any livestock shall be at least thirty feet from the side and rear property lines. ORDER You are hereby ORDERED to complete the following corrective action(s) at your own expense within 30 days after LISPS Postmaster Date Stamp on Certified Mail Receipt. 1. Relocating all chicken enclosures so they are at least 30 feet from all property boundaries. 2. Contact the Planning Department to schedule a site inspection to verify compliance. HCC PENALTY 1. You are being assessed an initial civil fine of $500.00 each of 2 (two) Hawaii County Zoning Code Violation for a total of $1,000.00. 2. If the above stated Order for the HCC Violations are not resolved by the "Deadline Date", a daily civil fine starting at $100.00 per day shall be imposed beginning the day after the deadline date, unless otherwise noted until all the above corrective actions have been completed. + Daily fines will increase according to the Department's daily fine schedule until the violation is corrected. Resolution of this NOVO requires completion of all Corrective Actions and payment in full of all civil fines. See Fines in General Information. 3. Resolution of the violations includes correction of the violation and payment of all civil fines. This Order shall become final 30 days after LISPS Postmaster Date Stamp on Certified Mail Receipt. On or before the final date, any person(s) subject to this Order may appeal against the Order. 1 Fortunato Bolo Kainoa Pabre Kimberly Alicia Pabre Notice of Violation and Order Case #: PL-PCV-2025-01 100 April 1, 2026 Page 3 The provision of the order issued by the Director under this section shall become final thirty days after receipt of the order unless the director's action is appealed to the board of appeals as provided in this section. 1. Contact our Planning Inspector by letter or e-mail to arrange a date and time on or before the deadline date to have the property inspected to verify compliance with HRS and Chapter 25 Zoning Code. 2. Should the site inspection reveal no HCC violation(s) and after our satisfactory review of the evidence provided, the Planning Director shall CLOSE the complaint file with no further action taken. 3. Should you fail to contact our planning inspector by the deadline date listed in the Order, the civil fines that were assessed shall be imposed on the day after the deadline date. APPEAL Within thirty days after the person's receipt of the NOVO, any person adversely affected by the NOVO may appeal the NOVO to the Board of Appeals as provided by Section 6-9.2 of the County Charter and Sections 25-2-20 thru 25, Division 2, Article 2 of Chapter 25, Hawai`i County Code 1983 (2016 Edition, as amended). An appeal to the Board of Appeals shall not stay the provisions of the order pending the final decision of the Board of Appeals. See Appeal in General Information. TIME EXTENSION A time extension may be mranted based on actions taken toward compliance. See General Information. Failure to comply may result in further enforcement action, including referral to other agencies or Icaal proceedings. Should you have questions regarding this matter please contact Tiffany Clark at our office at planning@hawaiicounty.gov. Sincerely, t7effre W Yo"1 Jeffrey VV. Darrr (Apr 2. 2426 04:10:45 HST) JEFFREY W. DARROW Planning Director THC:thc \koh141v1PlanninglStafflTiffanylFnforcementll.ivestock17-3-007-067 PLPCV-2025-01 100 PabreTI.-PCV-2025-01 100 Pabre NOVO Letter,doex The following have been electronically copied. No hard copy to follow. 059