2018-03-30 Farmers Market Rebuttal and Chronology -- press release

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Farmers Market Background There is no question that the Hilo Farmers Market is an important part of downtown Hilo. It has been successful due to the diversity and freshness of the offerings of its vendors. The County has tried to work with the owner for years to bring the properties into compliance with building, fire, and zoning codes. The conditions were allowed to persist for all these years in deference to constantly changing plans proposed by the owner. Continuous efforts over the past year by the County to guide the owner into compliance were, regretfully, unsuccessful due to delay or no action on the owner’s part. The only way to finally achieve results was to enforce the notice of violation that the owner received in June of 2017 which clearly stated the consequences if the proper permits were not acquired in a timely fashion. This enforcement was done in fairness and responsibility to all others who follow County, State, and Federal requirements.  Violations of County Code and Regulations. o No building permits. The Farmers Market has been operating for over 20 years without any building permits. Temporary structures, such as large tents greater than 120 s.f., used for commercial purposes are required to have a temporary building permit which is good for 180 days only. o Non-flammable tent material. Tents larger than 750 square feet are required to have non-flammable or non-combustible tent material. The Fire Department reviewed and approved proposed tent material. The owner just had to place the order. o Non-permitted electrical wiring. Electrical wiring was energized, used, and operated without required electrical inspections and approval of electrical work performed. o Extended hours of operation. Farmers Market operations exceeded two days a week as limited by Special Management Area Minor Permit No. 54. o Non-permitted sign. A large sign was installed without acquiring the required permits. o No setbacks between tents and property boundary. Temporary structures are required to have a 10 foot setback from the property boundaries and 10 foot spacing between tents.  Failure to Construct Permanent Structure as Required. The owner had 10 years to construct a permanent structure as required by SMA approval. The deadline of March 2018 has not been met. The Farmers Market owner initially received Planning Department approval for a permanent structure in 2008. A condition for approval required completion of construction within 5 years. In 2013, the owner requested an extension for another 5 years. The extension was granted with a new deadline of March 18, 2018.  County Assistance Provided. o Meeting with the Mayor. On January 31, 2017 and February 17, 2017, the Mayor met with the owner to determine the status of plans to meet the March 2018 deadline and offered assistance to facilitate development. The Mayor assigned an Executive Assistant to work with the owner. o Issues Identified. The Executive Assistant coordinated with various departments to identify the types, sequence, and estimated processing time of permits. Since the Farmers Market is located in the special flood hazard zone exposed to tsunami and high waves, one major issue was how to comply with these strict standards. Working with