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Home My WebLink AboutCOM 0182.000 2004-2006 03/22/2005 10:51 8083273563 PAGE 01 ATV M~ Harry Kim ~'r•'~ Chris[opher L Yuen Mir nirecto. Roy R. Takemotio [~a Dapury Ufmctor County of Hawaii PLANNING DEPARTMENT Aupu~i Ccnttt • l0I Pauahi Rkcct. Suite 3 • Hilo. Hawaii 96720 Phooc (ROR)9fi1.8288 • Fae (808)961-8742 CERTIFIED MAIL _ 7003 1680 0004 4457 4801 = _ - February 18, 2005 Mr. Ray M. Shirakawa P.O. Box 316 Naalehu, HI 96772 Dear Mr. Shirakawa• Notice of Violation and Order (ZCV 05-OO1W) Major Outdoor AmusementlRecreation Facility Without Use Permit TMK• 9-g-001.016 & 018 Walohlnu Town ots. Kau, Hawau Major outdoor amusement and recreation facilities (motocross track) may be a permitted use in Single-Family Residential Districks, provided a use permit is issued for each use. Our inspector conducted a site inspection on February 1, 2005. The site inspection and further investigation has revealed the following: 1. The property is located within the State Land Use Urban district and the County's Single-Family Residential (RS-15) zoned district. 2. The property is located in the Waiohinu Town azea. This is in the Kau District of Hawaii. The tax map key is 9-5-001:016 and possibly 9-5-00] - 018. The lot sizes are both 28,967 square feet. The listed owner ofboth properties is Ray Masami Shirakawa. 3. According to Section 2.5-5-3 (b) (Pernutted Uses for RS District) of Chapter 25 (Zoning Code), Hawaii County Code Major Outdoor Amusement and Recreation Facilities may be permitted in the Single- Family Residential District, provided a use permit is issued for each use. County nfHawazi is a/7 Equal Opportunity Provider and Employer. Comm. No. Ref. To: Ref. Date„ ` '1 (i ' 03/22/2005 10:51 90632?3563 PC1uc 02 Mr. Ray Shirakawa Page 2 February 18, 2005 4. According to our records no use permit has been issued for either of the above listed parcels which would allow a motocross track or major outdoor aznusement on these parcels. 5. Verification was made by our inspector that there is a motocross track, which appears to involve both the above listed parcels. It was further learned that on the weekend of January 29/30, 2005 a number of other motorcycles and riders from other parts of the island had come to your property to ride on the track. Based on all of the above, the Planning Director 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. Pursuant to Section 25-2-35 (c) of the Hawaii County Code you are hereby ordered to complete corrective action by March 25, 2005, at your own expense. Corrective Action consists of. l . Immediately cease and desist allowing other riders and motorcycles, other than your household members from using the track on the above listed properties; and/or 2. Submit and receive all applicable governmental approvals for the above referenced activities including but not limited to use pemrits, engineering approval, and health department approvals. Upon completion of corrective action, you are responsible for contacting Zoning Inspector Jay McEathron by telephone at 327-3557 an in writing to the Planning Director to verify the completion of corrective action. If corrective action has not been completed by March 25, 2005, a fine of $100 per day will be assessed until corrective action is completed. Further, in accordance with the Department's Rules of Practice and Procedure, the daily fines will be increased quarterly per the daily fine schedule, until the violation is corrected. This Order shall become final thirty (30) days after receipt of the Order. On or before the final date, any person(s) subject to this Order may appeal the Order. This means that before the Order becomes final, you mast either correct the violation or appeal the Order. 03/22/2005 10:51 8083273563 PuGE 93 Mr. Ray Shirakawa Page 3 February 18, 2005 The appeal must be received within thirty (30) calendar days from the date of receipt of the Order. An appeal to the Board of Appeals shall stay the provisions of the director's order pending the final decision of the Board of Appeals. The appeal must be made in accordance with the Board of Appeals Rules and Procedures or it may result in the dismissal of the appeal. Contact the Planning Department for a Board of Appeals General Petition Foirn. Address the Appeal to: Board of Appeals 101 Pauahi Street, Suite 3 Hilo, Hi 96720 Pursuant to Section 25-2-35(i) of Chapter 25 of the Hawaii County Code, 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. Please be advised that in the future, if you violate Chapter 25 in the same manner as stated above, the violation will be considered as recumng and will be subject to an immediate fine, up to a maximum of $500 per violation. In addition, a daily fine may be imposed. Should you have any questions on this matter, please feel free to contact Zoning Inspector Jay McLathron of this office at 327-3557. Sincerely, CHRISTOPHER J. YUEN Planning Director LJM: i(;\$InR~lay\anfprcc 2003\$HIRAKAWA 7-CV OS-001 W Mc cc: Planning Department-Kona Mr, Jay McEathron, Zoning inspector