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Home My WebLink AboutCOM 0627.000 2002-2004 YY Oi i, ~Y.......~Iw OO' y~' Harry Kim Christopher J. Yueu Maynr Ovecmr ~•f OR~Ni~ Roy R. Takemoto r Deputy Direemr ~BixH~~ ICt ~2T~1TFltT PLANNING DEPARTMENT CERTIFIED MAIL 101 Pauahi Stree[, Sui[e 3 Hilo, Hawaii 96720-3043 7002 1000 0004 8650 0791 (808) 961-8288 • Fax (808) 961-8742 c,. May 12, 2004 ~7 ~ ~ _ G` Mr. and Mrs. Darryl Bautista P.O. Box 5288 -v Hilo, HI 96720 - FJ Dear Mr. and Mrs. Bautista: = 1' SUBJECT: Alleged Zoning Violation (ZCV 04-027) Alleged State Land Use Violation Operation of an Minor (Auto) Repair Establishment in an Ag District Subject: Warning Letter Allowing Sixty (60) Days to Comply TMK: 1-6-105: 007 Tiki Gardens Subdivision, Keaau, Puna Hawaii Operation of a minor repair establishment (auto repair shop) and an auto storage facility within an agricultural district is prohibited. Our zoning inspector conducted a site inspection on April 15, 2004. The site inspection and further investigation has revealed the following: 1. The property is situated within the State Land Use Agricultural district and the County's Agricultural (A-la) zoned district. 2. The property is located on Aloha Drive in the Tiki Gardens Subdivision. This is in the Puna District of Hawaii. The Tax Map Key is 1-6-105: 007 and the lot size are 8,100 square feet. The listed owners of the property are Darryl and Peri Gay M.K. Bautista. 3. According to Section 25-1-5(b)(90) of Chapter 25 (Zoning Code), Hawaii County Code, a "repair establishment, minor" means an establishment which primarily provides restoration, reconstruction and general mending and repair services, and which includes those repair activities which have Hawaii County is an equal opportunity provider and employer Comm. No.~ Ref. To: - R: f. nor., Mr. and Mrs. Darryl Bautista Page 2 May 12, 2004 little or not impact on surrounding land uses and can be compatibly located with other businesses. Minor repair establishments include, but are not limited to: (A) Automobile repair, including painting and motorized bicycle repair, provided all repair work is performed within an enclosed structure and does not include repair ofbody and fender, and straightening of frame and body parts. 4. According to Section 25-4-4 (Uses Prohibited) of Chapter 25 (Zoning Code), Hawaii County Code, any use not listed among the permitted uses in a zoning district is a prohibited use within that district, except as otherwise provided in this chapter. Section 25-5-72 (Permitted Uses within Ag Districts) does not list minor repair establishments and auto storage facilities as permitted uses. 5. According to section 205-4.5 of the Hawaii Revised Statutes (Permitted Uses Within Agricultural Districts), minor repair establishments and auto storage facilities is not listed as permitted uses. 6. Verification was made by our zoning inspector that there is a minor auto repair establishment (auto repair shop) being conducted within the garage on the above listed property, Verification was also made that the property is being used for the storage of vehicles. There were eight (8) vehicles on the property at the time of the inspection. Based on all of the above, the Planning Director finds you in violation of Section 205-4.5 of the Hawaii Revised Statutes and subject to enforcement action pursuant to Section 205-13 of the Hawaii Revised Statutes. The Planning Director also finds you in violation of Section 25-4-4 of Chapter 25 of the Hawaii County Code and subject to enforcement action pursuant to section 25-2-35 of Chapter 25 of the Hawaii County Code. Section 205-13, Hawaii Revised Statutes, states: "Any person who violates any provision under section 205-4.5 or any regulation established relating thereto, shall be fined not more than $5,000, and any person who violates any other provision of this chapter, or any regulation established relating thereto, shall be fined not more than $1000. Mr. and Mrs. Darryl Bautista Page 3 May 12, 2004-OS-12 If any person cited for a violation under this chapter fails to remove such violation within six months of such citation and the violation continues to exist, such person shall be subject to a citation for a new and separate violation. There shall be a fine of not more than $5,000 for any additional violation. Prior to the issuance of any citation for a violation, the appropriate enforcement officer or agency shall notify the violator and the mortgagee, if any, of such violation, and the violator or the mortgagee, if any, shall have not more than sixty days to cure the violation before citation for a violation is issued." This letter serves as notification and you have sixty (60) days to comply with the corrective action listed below. Corrective action consists of: 1) Cease and desist operation of a minor repair establishment (auto repair shop) and auto storage facility (storage of vehicles) on the subject property; and 2) Remove all vehicles from the above listed property that are not registered to the owner of the property; or 3) Submit and receive approval for a special permit to conduct a minor repair establishment and/or an auto storage facility on the subject property (application enclosed with this letter). If corrective action is not completed by July 23, 2004, we will issue a Notice of Violation and Order, which will carry a fine of not more than $5,000 for each offense in accordance with HRS Section 205-13 and a civil fine not to exceed $500 in accordance with HCC Section 25-2-35(c)(3). If the violation persists, there will be a daily fine of not more than $500 in accordance with HCC Section 25-2-35(c)(4). Pursuant to HCC Section 25-2-35(i) fines assessed under this Section shall constitute a lien upon the subject property upon filing of said lien with the Bureau of Conveyances. This matter may be referred to the Office of Corporation Counsel for civil remedy and/or the Prosecuting Attorney's Office for criminal prosecution. Upon completion of corrective action, you are responsible for contacting Zoning Inspector Robert Usagawa by telephone and in writing to the Planning Director to verify the completion of corrective action. A site inspection will need to be conducted to verify that corrective action has been completed. Mr. and Mrs. Darryl Bautista Page 4 May 12, 2004 Please mail your response within sixty (60) days of your receipt of this letter to: The Planning Department Attn: Robert Usagawa 101 Pauahi Street, Room 3 Hilo, HI 96720 Should you have any questions on this matter, please contact Zoning Inspector Robert Usagawa of this office at 961-8288. Sincerely„ f2 f~ CHRISTOPHER J ~ EN Planning Director RSU:mad p:wpwinCO\mwse\enforce04\2004-054&doc Enclosure: Special Permit Application cc: Department of Health-Clean Air Branch-Hilo Mayor's Office, Dixie Kaetsu, Managing Director ~Ionorable James Arakaki, County Council Mr. Robert Usagawa, Zoning Inspector Mr. Anthony Ching, Executive Officer Land Use Commission DBEDT P.O. Box 2359 Honolulu, HI 96804