HomeMy WebLinkAboutCOM 0677.003 2022-2024 P/ PcPWO
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CDMM.,7?
From: 808slopez
Sent: Saturday,January 20, 2024 12:37 PM
To: Council Testimony
Cc: Inaba, Holeka;Villegas, Rebecca; Lee Loy, Sue; Kanealii-Kleinfelder, Matt; Kimball,
Heather; Kierkiewicz, Ashley; Kagiwada, Jennifer; Galimba, Michelle M.; Evans, Cynthia
F.W.; slopez808@duck.com
Subject: Bill 123 - opposed
CD
County Council,
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Mahalo for entertaining this testimony opposing Bill 123 as written. +c
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There are many good points in this legislation which I would favor but,as written, I must offer an oppos&b = "
position. My hope is that in future drafts there may be some cleanup of pertinent aspects. ____
Again, I see a proposed bill with no provision for enforcement. It's common knowledge that there are many,
particularly on A zoned properties,that are already and would remain in violation but there is no viable path to find
and/or correct. Inspections are required and there needs to be a way for the public, knowledgeable about the
violation to submit a valid complaint while being anonymous. The current department policy to do this was taken
away under the new director and now pits neighbor against neighbor with damaging results. Citizens are loathe to
complain anyway but when it easily leads to verbal, personal and property abuse then they will not inform. This
simply serves to exacerbate the abuse while scofflaws laugh knowing they can easily avoid detection. It is also
widely known that department follow-up on complaints takes a seriously long time to get attention and the
planning dept/commission routinely cancels a hearing or simply dismisses it. Long periods of time and
expectations to be heard result in let down, continuous delays and discouragement that our elected/appointed
care. I know of one valid complaint that is over 18 months old and the property owner continues to operate and
scoffs at any mention by his neighbors often using the directors name in his comments.
I see no provision for protection of citizen property rights/protections when legal Convenants, Conditions and
Restrictions(CC&R's)are violated simply because these legalities and concurrence by all who are covered by
these conditions simply do as they please with disregard to their neighbors. Certainly the County should not
intervene in neighbor to neighbor issues but should protect everyone's rights to conditions of ownership. Things I
can readily think of as I read this bill is setbacks, introduction of noise,illegal or disruptive activities, protection of
view planes that degrade a neighborhood contrary to the CC&R's i.e. HCC 25-1-5(b)of 20' height permitted. I
believe these protections should be stated in the bill as it relates to conditions of the legal CC&R's of
ownership. No,you don't need to know the provisions of CC&R's only that you recognize they have standing in the
administration of permits and they should be considered in any application.
I see all the conditions for repeal of an ohana permit are repealed but there is nothing to stop a blatant disregard to
the provisions of this bill for an accessory dwelling and as ohana required a special permit use I don't see this for
accessory dwellings that appear to be allowed in all residential and AG zones. This creates a free for all of
scofflaws to the detriment of the community. The department has proven they do not have the staff to investigate
nor the stomach to stand for those who are truly being violated in their homes.
Mahalo for the opportunity to offer this testimony in opposition.
Steve Lopez
Kailua Kona Comm. No. I1-1-.�
District 8 Ref. To: +121/10
Ref. Date JAN 2 3 2024