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HomeMy WebLinkAboutRES 279 Draft 01 1992-1994COUNTY OF HAWAit STATE OF HAWAII RESOLUTION N0. 2'~' 94 WHEREAS, the Planning Department has received complaints and conducted subsequent investigations to determine that an illegal land use is being conducted on the following properties commonly referred to as: (1) TMK: 4-7-OOl:parcel 10 (2) TMK: 1-6-009:parcel 46 (3) TMK: 7-3-008:parcel 02 (4) TMK: 7-6-024:parcel 34 (5) TMK: 7-8-007:parcel 63 A. Okazaki, Towing and Repairing, Junk Automobile Storage. Herman Klein, Klein Automotive and Junk Automobile Storage. Sidney Mizukami; Russell L.K. Kalalua, Telecable, Inc., Illegal Storage, base yard. Charles Harlan; Chris Harlan, Kona Cinder&Soil Inc., Illegal storage, base yard. H.C. Bennett; Auto Repair & Junk Automobile Storage. (6) TMK: 4-7-OOl:parcel 32 William Foli WHEREAS, Upon receipt of a complaint the Planning Department conducted a field inspection of the subject properties. During the field inspection, the Planning Department staff viewed the subject property and took photographs of the unauthorized use. A SET OF MOUNTED PHOTOGRAPHS TAKEN IS ATTACHED AS EXHIBIT B for each parcel. WHEREAS, The Planning Department notified the Landowners of the above referenced properties and the Owner(s) of the above referenced non-permitted use by certified letter that said owners are in violation of Hawaii County Zoning Code and the State of Hawaii Land Use Commission Rules and Regulations. A COPY OF THE PLANNING DEPARTMENT CERTIFIED LETTERS IS ATTACHED AND IDENTIFIED AS EXHIBIT A for each parcel. RESOLUTION NO: 279-94 Page 2 WHEREAS, Hawaii County Code, Chapter 25 (Zoning Code), Article 1 (General Provisions), Division 2, (Administration and Enforcement), Section 25-15 (a) (b) (Acts prohibited; civil action) states "The corporation counsel shall, upon order of the council, immediately commence action or proceedings for the abatement, removal and enjoinment of the unlawful building, structure, improvement, development, or use and shall take such other steps and apply to such courts as may have jurisdiction to building, structure, improvement, development or use, and restrain and enjoin any person from setting up, erecting, building, maintaining, or using the unlawful building, structure, improvement or development, or using any property contrary to the provisions of this chapter". WHEREAS, Chapter 25 (Zoning Code), Article 8 (Agricultural District), Section 25-152 (a)(1 to 21) (Permitted uses) does not permit the use. WHEREAS, Chapter 205, Section 205-2 & Section 205-4.5, Title 15, Chapter 15, Subchapter 3 (Permissible Land Use), Section 15-15-25 also does not permit the subject use. WHEREAS, the violations of County Zoning Code and State of Hawaii Land Use Commission Rules and Regulations by the landowner and the business owner is occurring without County and State approval; and NOW THEREFORE BE IT RESOLVED that it is the order of the County of Hawaii, County Council under Hawaii County Code, Chapter 25 (Zoning Code), Article 1 (General Provisions), Division 2, (Administration and Enforcement), Section 25-15 (a)(b)(Acts prohibited; civil action) Section 25-15, that the Corporation Counsel immediately commence action or proceedings for the abatement, removal, and enjoinment of the unlawful structures, development, or use and shall take such other steps and apply to such courts of proper jurisdiction to grant such relief as will abate and remove the unlawful improvement, development or use, and restrain and enjoin any person from setting up, building, maintaining, or using the unlawful building, structure, improvement or development, or using any property contrary to the provisions of the Hawaii County Code and/or the State of Hawaii Land Use Commission Rules and Regulations pursuant to Hawaii Revised Statutes Chapter 205. RESOLUTION NO: 279-94 Page 3 DATED: Hilo, Hawaii, this 5th day of October ,1994. INTRODUCED BY: COUNCIL MEMB R, COUN OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS Hilo, Hawaii ~ ~ ~ ~ I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on October 5, 1994 EX Reference C-129£/PC-1.36 ;ER RESOLUTION NO. ~.ryg 94 October 26, 1993 CERTIFIED MAIL Ms. Ayame Okazaki P. O. Box 241 Honokaa, HI 96727 Dear Ms. Okazaki: Automobile Towing & Repair Business in an Agriculture Zone District Tax MaP Kev• 9-7-01. 10 Upon receipt of a complaint that, your son Lester, had established an automobile towing and repair business on your property, my staff conducted an on-site inspection on October 12, 1993. This inspection and further investigation has revealed the following: 1. The property, containing 12.50 acres, is zoned agriculture by the State Land Use Commission and Agriculture (A-40a) by the County. 2. A Single Family Dwelling Unit is located on the property and was constructed in 1962. 3. A sign advertising your son's business dba Kamuela Towing & Service is posted at the roadway easement to your property. 4. Twenty-seven (27) wrecked vehicles were parked on this roadway easement and your property. 5. An automobile towing and repair business is not a permitted use in the State Use Agriculture Zone District or the County Agriculture (A-40a) Zone District. Based on the above, this is to inform you that you and your son are in violation of Chapter 205-4.5(b) of the Hawaii Revised Statutes and Section 25-95, of Division 7, of Article 1, of Chapter 25 of the Hawaii County Code. ,~\ 1.05~~' J ~~EXHIBIT A" ~~T ~ i ~yYJ Ms. Ayame Okazaki Page 2 October 26, 1993 You are hereby notified that you and your son must immediately cease use of the property for the automobile towing and repair business and remove all of the wrecked vehicles from the premises within sixty (60) calendar days upon receipt of this letter. Failure to comply with this would leave us no alternative but to refer this matter to the Corporation Counsel's office. Should you desire to establish this business at this site, a Special Permit must first be obtained from the Planning Commission. A Special Permit Application is enclosed for your use. Should you have any questions on this matter, please feel free to contact Masa Onuma or Francis Saiki at 961-8288. Sinoerely, ~}~~n ~~~ i VIRGIN GOLDSTEIH Planning Director FS:mjh 1357D ac: Mayor's Office (Rudy Legaspi) Corporation Counsel Police Department Stephen K. Yamashiro Mayor (~trutt#g IIf ftr~'ti PLANNING DEPARTMENT 25 Aupuni Stttst, Rtam 109 • Hib, liarxii %720.4252 (808) %1-8288 • Fxx (808) %1•%15 CERTIFIED MAIL July 11, 1994 Ms. Ayame Okazaki P. O. Boa 241 Honokaa, HI 96727 Dear Ms. Okazaki: Virginia Goldstein Director Norman Olesen Deputy Director ~ ,~ r Automobile Towing & Repair Business In An Agriculture Zone District Taa Mao Kev: 4-7-01: 10 You were notified on October 26, 1993, of the Violations of Chapter 205-4.5(b) of the Hawaii Revised Statutes and Section 25-45, of Division 7, of Article 1, of Chapter 25 of the Hawaii County Code. This is a further notification to remove the wrecked vehicles observed on our inspection of June 3, 1994, and cease and desist your Towing and Repair Business; within 30 days of this notification Failure to comply will result in a resolution being filed with the County Council asking the Corporation Counsel for the abatement, removal and enjoinment of the illegal business use and building and shall take such other steps and apply to such courts as may have jurisdiction to grant such relief, as will abate and remove the unlawful building, structure, improvement, development or use, and restrain and enjoin any person from setting. up, erecting, building maintaining or using the unlawful building, structure, improvement or development, 'or using any property contrary to the provision of this chapter. Coma. 150.~~, O,~ File loo. Z/1/Ir~NN~ Ref.lbt "- Aa~. r~ AU6 5 1994 Ms. Ayame Okazaki Page 2 July 11, 1994 You are further advised that in accordance with the Hawaii County Code, Chapter 25-16, the County may also initiate commencement of criminal proceedings for a misdemeanor. Should you have any questions on this matter please feel free to contact Norman Olesen at 961-8288. ~S~'`n~cerely, V 1 V Q ~D~~ VIRG NIA GO D TEIN Plan ing Di ctor NO:kn 4375D Enclosure zc:~Honorable Takashi Domingo Mr. Rudy Legaspi, Mayor's Office Corporation Counsel Police Department Mr. Richard P. Schutz Stephen IG Yamuhiro Mayor CERTIFIED MAIL .r July 19, 1999 Mr. William Foli P. 0. Boz 308 Honokaa, HI 96727 Dear Mr. Foli: rr w ~,.:... .:: li~auufg rrf' ~ttfutlii PLANNING DEPARTMENT 25 Aopuni Sneer, flme I09 • Hilo. Hew+O %720-4252 (808) %L8288 • Cv (SOB) %L%IS Virginia Coldtteii Director Norman Olean DeOery Di.ecm. REC~IV'cDC~~~ ~.... Time_~t~{•-------. Sv. .off Dote....----`°S4'-- -- ---------_.~ County Cocncil Automobile Junk Yard Storage In An Agriculture Zoned District Taz Mao Rev: 4-7-00~• 32 On an inspection by this department on June 3, 1994, it was observed that ten automobiles in various states of disrepair were stored on the road easement which our records show is a part of TMK:4-7-001:32. This is in violation of Chapter 205-4.5(b) of the Hawaii Revised Statutes and Section 25-45, of Division 7, of Article 1, of Chapter 25 of the Hawaii County Code. The Department recognizes the fact that you may not be the violating party regarding this illegal activity, however, you bear the responsibility, as the property owner, for correction of the violation. For the County of Hawaii to successfully prosecute the Automobile Towing & Repair Business on the adjacent property we cannot selectively enforce code violations. This is your notification to remove the wrecked vehicle observed on the inspection of June 3, 1994, within 30 days of this notification. Failure to comply will result in a resolution being filed with the County Council aaking the Corporation Counsel for the abatement, removal and enjoinment of the illegal business use and building and shall take such other stepa and apply to such courts as may have jurisdiction to grant such relief, as will abate and remove the unlawful building, structure, improvement, development or use, and restrain and enjoin any person from setting up, erecting, building maintaining or using the unlawful building, structure, improvement or development, or using any property contrary to the provision of this chapter. Comte. Ko. File lfo. Z ~ ~' 1~IK Bel.lbt -~ Hd. D~ AUG 5 1994 _ Mr. William Foli Page 2 July 19, 1994 You are further advised that in accordance with the Hawaii County Code, Chapter 25-16, the County may also initiate commencement of criminal proceedings for a misdemeanor. -..--, Should you have any questions on this matter, please feel free to contact Norman Olesen at 961-8288. Sincerely, R IN A LDSTEIN Pla ninq rector NO:mjh 4511D Enclosure zc/enclosure: Honorable Takashi Dominqo Mr. Rudy Legaspi, Mayor's Office Corporation Counsel Police Department Mr. Richard P. Schutz COUNTY OF HAWAII - STATE OF HAWAII RESOLUTION NO. Under Hawaii County Code, Section 25-15, directing the County of Hawaii, Corporation Counsel to take enforcement action against the unlawful and public nuisance violations of the County Zoning Code as well as violations of Hawaii Revised Statutes Chapter 205 on the restrictions of use in the State Land Use "Agricultural" district at: TMK: 4-7-001: 32 - Mr. William Foli Automobile Junk Yard Storage In An Agricultural Zoned District WHEREAS, the violations of the State Land Use "Agricultural" district rules and the County Zoning Code by the above-named individuals/violators were made without first applying for and obtaining the proper County land use permits and approvals; and WHEREAS, notice of County zoning violations and/or land use violations of the State "Agricultural" district have been made in writing and received by the above named individuals or violators; and WHEREAS, as stipulated by Hawaii Revised Statutes Section 205-13, the above-named individuals/violators have received the required initial sixty day period for time to cure the State Land Use "Agricultural" and County zoning violations; and WHEREAS, the above-named individuals/violators have continued the violations on the above-identified TMK parcels despite having received written novice and the required time to cure the State "Agricultural" district land use and County zoning violations; and WHEREAS, the failure to cure the State "Agricultural" district land use violations subjects each of the above-named individuals/ violators to respective citations for a violation and fines, pursuant to Hawaii Revised Statutes Section 205-13; and WHEREAS, attached as Exhibits are the notice of violation letters and photographic evidence for each violation. NOW THEREFORE BE IT RESOLVED that it is the order of the County of Hawaii, County Council under Hawaii County Code, Section 25-15, that the Corporation Counsel commence action or proceedings for the abatement, removal, and enjoinment of the unlawful structures, development, or use and shall take such other steps and apply to such courts of proper jurisdiction to grant such relief as will abate and remove the unlawful improvement, development or use, and restrain and enjoin any person from setting up, building, maintaining, or using the unlawful building, structure, improvement or development, or using any property contrary to the provisions of the Hawaii County Code and/or the State "Agricultural" district rules of Hawaii Revised Statutes Chapter 205. DATED: Hilo, Hawaii, this day of 1994. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII DOC. 4511D Stephen K. Yamashiro Mayor Virginia Goldstein Director Norman Olesen Dep"ty Director U.II1IIIf~1 II~ ~tt~ll~Iit - PLANNING DEPARTMENT l'-`~ ~"¢' 25 Aupuni Street, Rmm 109 Hib, Hawaii 96720-4252 _.:.:.,-_- 7~J.'. -----------------•----` (808) 961-8288 Fa: (808) 961.9615 ~~ -~~- •--.- -- .i CERTIFIED MAIL July 25, 1994 Mr. Sydney T. Mizukami 73-1388 Hikimoe Street Kailua-Kona, HI 96740 Dear Mr. Mizukami: Notice of Violation: Unauthorized Commercial Baseyard Lot Area: 3.202 acs. County Zoning: A-3a State Land Use: "Agriculture" Tax Man Kev: 7-3-08: 02 You were notified on December 14, 1993, of the Violations of Chapter 205-4.5(b) of the Hawaii Revised Statutes and Section 25-45, of Division 7, of Article 1, of Chapter 25 of the Hawaii County Code. This is a further notification to remove the heavy equipment and vehicles of electrical contractor, Tele Cable Systems, Inc. observed -on our inspection of June 9, 1994, and cease and desist further use of this baseyard for non-agricultural equipment storage within 30 days of this notification. Failure to comply will result in a resolution being filed with the County Council asking the Corporation Counsel for the abatement, removal and enjoinment of the illegal business use and building and shall take such ether steps and apply to such courts as may have jurisdiction to grant such relief, as will abate and remove the unlawful building, structure, improvement, development or use, and restrain and enjoin any person from setting up, erecting, building maintaining or using the unlawful building, structure, improvement or development, or using any property contrary to the provision of this chapter. laa~ Comm. Nc.-~ ~~~ ~ (~~ File ?b;, i "" t-3L``- ~~r, t.ai. T_o: 1 1994 AUG __ lief. Da* ,I , ~ l a, I Mr. Sydney T. Mizukami Page 2 July 25, 1994 You are further advised that in accordance with the Hawaii County Code, Chapter 25-16, the County may also initiate commencement of criminal proceedings for a misdemeanor. Should you have any questions on this matter please feel free to conbact~NOrman Olesen at 961-8288. Sincerely, V lY SY~11 VIR INIA DSTEIN Pla ing Director NO:kn:lcm 4375D Enclosure xc: Honorable Kalani Schutte Mr. Rudy Legaspi, Mayor's Office Corporation Counsel Police Department West Hawaii COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. Under Hawaii County Code, Section 25-15, directing the County of Hawaii, corporation Counsel to take enforcement action against the unla~ful and public nuisance violations of the county Zoning Code as well as violations of Hawaii Revised Statutes Chapter 205 on the restrictions of use in the state land use "Agricultural" district at: TMK: 4-7-01: parcel 10, Ms. Ayame Okazaki AUTOMOBILE TOWING AND REPAIR BUSINESS 2. TMK: 1-6-9: parcel 46, Mr. Herman Klein AUTOMOBILE TOWING AND REPAIR BUSINESS TMK: 7-3-08: parcel 02, Sydney Mizukami; Russell L.K. Kalalau, Telecable Systems, Inc. BASEYARD USE TMK: 7-6-24: parcel 34, Charles Harlan; Chris Harlan, Kona Cinder & Soil, Inc.; STOCKPILING AND BASEYARD USE TMK: 7-8-07: parcel 63, H.C. Bennett; Casey Santana AUTO REPAIR AND JUNKYARD USE WHEREAS, the violations of the state land use "Agricultural" district rules and the county Zoning Code by the above-named individuals/violators were made without first applying for and obtaining the proper county land use permits and approvals; and WHEREAS, notice of county zoning violations and/or land use violations of the state "Agricultural" district have been made in writing and received by the above named individuals or violators; and WHEREAS, as stipulated by Hawaii Revised Statutes Section 205-13, the above-named individuals/violators have received the required initial sixty day period for time to cure the state land use "Agricultural" and county zoning violations; and WHEREAS, the above-named individuals/violators have continued the violations on the above-identified TMK parcels despite having received written notice and the required time to cure the state "Agricultural" district land use and county zoning violations; and WHEREAS, the failure to cure the state "Agricultural" district land use violations subjects each of the above-named individuals/violators to respective citations for a violation and fines, pursuant to Hawaii Revised Statutes section 205-13; and WHEREAS, the failure to cure the state "Agricultural" district land use violations on the adove-identified TMK parcels subjects the above-named individuals/violators to the procedures, requirements, and penalties of Hawaii Revised Statutes section 205-13 and the Hawaii County Zoning Code. WHEREAS, attached as Exhibits are the notice of violation letters and photographic evidence for each violation. NOW THEREFORE BE IT RESOLVED that it is the order of the County of Hawaii, County Council under FIawaii County Code, Section 25-15, that the Corporation Counsel commence action or proceedings for the abatement, removal, and enjoinment of the unlawful structures, development, or use and shall take such other steps and apply to such courts of proper jurisdiction to grant such relief as will abate and remove the unlawful improvement, development or use, and restrain and enjoin any person from setting up, building, maintaining, or using the unlawful building, structure, improvement or development, or using any property contrary to the provisions of the Hawaii County Code and/or the state "Agricultural" district rules of Hawaii Revised Statutes Chapter 205. DATED: Hilo, Hawaii, .this day of 1994. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII DOC.0444D Stephen K. Yamashiro Mayor ~IIllxi~u II~ ~ti~1 PLANNING DEPARTM 25 Aupuni Street, Rmm 109 Hilo, Haws (808) 961-8288 • Fe: (808) 961- CERTIFIED MAIL July 27, 1994 Mr. Herman Klein HCR 5959-9404 Keaau, HI 96749 Dear Mr. Klein: H (n Im -~ 7 ~' P 008 11d 961 Receipt for Certified Mail - No Insurance Coverage Provided ~o ~s Do not use for International Mail r (See Reversal n to ~I~G (~ 0 ; rate a ZIP C / _ / ICJ~`-'t-~. ostage ti Z cenlhee Fee .pO Special Delivery Fea fleshicted Delivery Fee Return Receipt Snowing to whom s Dete 99@ve.ea 1 ail flaturn Rec S Wnom, Date, antl Adtlrassee 95 TOTAL Fees S - , ~ Z Postmark o ate ~ ~ ` ~ dstein esen ctor Automobile Towing & Repair Business In An Agriculture Zone District Taa Mau Kev: 1-6-9: 46 You were notified on February 3, 1994, of the Violations of Chapter 205-4.5(b) of the Hawaii Revised Statutes and Section 25-45, of Division 7, of Article 1, of Chapter 25 of the Hawaii County Code. This is a further notification to remove the wrecked vehicles observed on our inspection of July 12, 1994, and cease and desist your Towing and Repair Business; within 30 days of this notification. Failure to comply will result in a resolution being filed with the County Council asking the Corporation Counsel for the abatement, removal and enjoinment of the illegal business use and building and shall take such other steps and apply to such courts as may have jurisdiction to grant such relief, as will abate and remove the unlawful building, structure, improvement, development or use, and restrain and enjoin any Berson from setting up, erecting, building maintaining or using the unlawful building, structure, improvement or development, or using any property contrary to the provision of this chapter. al»,. xa to File Iio. ZNl.' KN Sef. To: IieL Ds1a. AUG 5 1994 Mr. Herman Klein Page 2 July 27, 1999 You are further advised that in accordance with the Hawaii County Code, Chapter 25-16, the County may also initiate commencement of criminal proceedings for a misdemeanor. Should you have any questions on this matter please feel free to contact Norman Olesen at 961-8288. Sincerely, `v~l - ~~~ VIR NIA G DSTEIN Plan ing Di ector NO:kn 9603D Enclosure xc: Honorable Kalani BChutte s Mr. Rudy Legaspi, Mayor's Office Corporation Counsel Police Department Council Chairman Spencer Kalani Schutte Stephen K. Yamashiro Mayor CERTIFIED MAIL July 27, 1993 Charles Harlan Chris Harlan Kona Cinder & Soil, 74-5518 Kaiwi Stzeet Kailua-Kona, Hawaii Dear Mssrs. Harlan: (~a~zn#g ~~ ~ttfuttit PLANNING DEPARTMENT 25 Aupuni Street, Room 109 Hilo, Hawaii 96720.4252 (BOB) 961.8288 Fax (808) 961-9615 Inc. 96740 Virginia Goldstein Director Norman Olesen Deputy Director Notice of Violation: Unauthorized Baseyard & Stockpiling Lot Area: 3.83 acs. County Zoning: Unplanned State Land Use: "Agriculture" mnrtu• 7_~_9d• '2d The department has received complaints that you are operating an unauthorized baseyard and stockpiling operation from parcel 34. A 6/15/93 site inspection was made of the lot and it confirmed the allegations raised by the complaints. ORDER TO CEASE & DESIST. A Special Permit is required to use Agricultural zoned land for a baseyard and stockpiling operation. A Special Permit is required before the industrial/commercial use is established. You are ordered to CEASE ALL BASEYARD and STOCKPILING OPERATIONS from par. 34. A baseyard and stockpiling operation CAN NOT RESUME until a Special Permit has been granted by the County Planning Commission. Please see below, time to cure violation. If compliance can be met, or, if it does not allow you sufficient time to correct the problem, please discuss this matter with Earl Lucero of my West Hawaii office at 329-4878. Charles Harlan Chris Harlan Paye 2 July 27, 1993 INVESTIGATION FINDINGS 1. The 6/15/93 site inspection found the following vehicles or equipment on the lot. (1) One dump truck with trailer, lic. plate 807 HCJ, with logo and advertising sign information stating: Kona Cinder & Soil, 329-5284, P.U.C.5107-C, GVW 50000; (2) one dump bed for trailer with identification stating P.U.C.5107-C, V 50,000; (3) one heavy equipment trailer; (4) one Caterpillar 950 LS Loader (Goodfellow Bros., Inc. Contractor); (5) one fuel trailer with sign stating Property of Big Island Petroleum; (6) one Matson type storage container containing shelves, various tools, equipment, product containers; (7) one blue dumpster; (8) one asphalt/concrete paving machine with sign identification stating: 328-2198, Jim Simmons Const., Mobil 284, Kona, HI, LIC. #12024; (9) five gallon plastic containers and 55 gallon drums containing what appeared to be motor vehicle oil or transmission fluids; (10) miscellaneous tires, rope, lumber, dump truck fuel tank, front or rear end axles, ladders, PVC pipes, water hoses, plywood, heavy equipment parts, etc. 2. Stockpiling of soil and other fill material was also found on the site. 3. N Re rd of a S e ial Permit. Research of department records show that a Special Permit is not issued for a dumptruck and stockpiling baseyard on par. 34. REQUIRED CORRECTIVE ACTION Source of Law. The following discussion are legal- provisions pursuant to H.R.S. sec.205-12 and 205-13; Zoning Code secs. 25-15 and 25-16; see also, Att. Gen. Op. 70-22 and Corporation Counsel Memorandum, June 27, 1988. 4. Time to Cure Violation. From the date you receive this notice you will have sixty (60) days to cure the violation. Charles Harlan Chris Harlan Paye 3 July 27, 1993 5. Citation for Violation. If the illegal dump truck and stockpiling baseyard continues beyond the sixty (60) day period you will be issued a Citation for a Violation. 6. Penalties - State of Hawaii. If a Citation for a Violation is issued, you shall be fined not more than $5,000. Violating any other provision of H.R.S. Chapter 205, or any regulation relating to it, shall result in a fine of not more than $1,000. 7. Citation• New and Separate Violation• P nalties. To continue and to fail to remove the violation within six (6) months of the citation shall subject you to a Citation for a New and Separate Violation. A fine of not more than $5,000 shall be imposed for any additional violation. 8. Penalties - Countv of Hawaii. Any use of land without the proper permits and approvals is unlawful and a public nuisance. The unlawful activity can be subject to abatement, removal and enjoinment. Upon conviction, a fine not to exceed $500 can be imposed. Follow-up Inspections Required. Two inspections are required of parcel 34. The first inspection is required to be made after the sixty (60) day period runs. A second inspection is required after the six (6) month period runs. The inspections are required to verify that corrective action has been made. You or someone you assign will be required to be present during the inspection. The inspection will need to be mafle during normal business hours (8:00 a.m. - 4:30 p.m.), Monday through Friday. The dates and time of the inspections will be arranged in a subsequent letter. Failure to Correct Violation. Please maintain communication with my staff. If we do not hear from you an inspection will be made as previously explained. If the violation has not been corrected on the date of the first inspection, or if you have not made arrangements for its correction and for an extension, we will initiate the citation and penalty provisions of H.R.S. sec. 205-13. Charles Harlan Chris Harlan Page 4 July 27, 1993 A referral will also be made to the Office of the Corporation Counsel. Sincerely, VIR I A GO TEIN Plan ing Director EML:rld 0056D Enclosures: Permitted Uses State and County xc: West Hawaii Office Corporation Counsel Stephen K. Yamashiro Major i" ~IIIIItf~1 II~ ~2IftT2It1 PLANNING DEPARTMENT Virginia Goldstein Dircctar Norman Olesen Deputy Director r \!IO f ._ ~-_........ t4y _..- - 25 Aupuni Streeq Room I09 Hilo, Hawaii 96720.4252 1 •ZQ~A~ (808) 961.8288 Fax (BOB) 961-9615 -----~~~~~._.~ ~~, - CERTIFIED MAIL July 25, 1994 Mr. H.C. Bennett 78-6697A Mamalahoa Highway Holualoa, HI 96725 Dear Mr. Bennett: Notice of Zoning Violation Notice of Cease Operation of Unauthorized AUTO REPAIR SHOP Business in Unplanned Zone District State Land Use "AGRICULTURAL" district Lot Area: 1.027 . ax_Man Kev: 7-8-07:63 You were notified on July 26, 1993, of the Violations of Chapter 205-4.5(b) of the Hawaii Revised Statutes and Section 25-45, of Division 7, of Article 1, of Chapter 25 of the Hawaii County Code. This is a further notification to remove the wrecked vehicles observed on our inspection of June 9, 1994, and cease and desist your Junk Automobile Storage and Repair Business; within 30 days of this notification. Failure to comply will result in a resolution being filed with the County Council asking the Corporation Counsel for the abatement, removal and enjoinment of the illegal business use and building and shall take such other steps and apply to such courts as may have jurisdiction to grant such relief, as will abate and remove the unlawful building, structure, improvement, development or use, and restrain and enjoin any person from setting up, erecting, building maintaining or using the unlawful building, structure, improvement or development, or using any property contrary to the provision of this chapter. ` Comm. Ha , I r7 f. 1 !^ /V k'!le 1(0. ~' ! Rei. To: ~~, 9 ~. Deg AU G _ _ _ _- t ~-.~ Mr. H.C. Bennett Page 2 July 25, 1994 You are further advised that in accordance with the Hawaii County Code, Chapter 25-16, the County may also initiate commencement of criminal proceedings for a misdemeanor. Should you have any questions on this matter please feel free to contact Norman Olesen at 961-8288. Sincerely, VIR INIA OLDSTEIN Plan ing irector NO:kn:lcm 4375D Enclosure xc: Honorable Keola Childs Mr. Rudy Legaspi, Mayor's Office Corporation Counsel Police Department Honorable Kalani Schutte West Hawaii COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. Under Hawaii County Code, Section 25-15, directing the County of Hawaii, corporation Counsel to take enforcement action against the unlawful and public nuisance violations of the county Zoning Code as well as violations of Hawaii Revised Statutes Chapter 205 on the restrictions of use in the state land use "Agricultural" district at: 1. TMK: 4-7-01: parcel 10, Ms. Ayame Okazaki AUTOMOBILE TOWING AND REPAIR BUSINESS 2. TMK: 1-6-9: parcel 46, Mr. Berman Klein AUTOMOBILE TOWING AND REPAIR BU6I1`]ESS 3. TMK: 7-3-08: parcel 02, Sydney Mizukami.; Russell L.K. Kalalau, Telecable Systems, Inc. BASEYARD UFE 4. TMK: 7-6-24: parcel 34, Charles Harlan; Chris Harlan, Kona Cinder & Soil, Inc.; STOCKPILING AND BASEYARD USE 5. TMK: 7-8-07: parcel 63, H.C. Bennett; Casey Santana AUTO REPAIR AND JUNKYARD USE WHEREAS, the violations of the state land use "Agricultural" district rules and the county Zoning Code by the above-named individuals/violators were made without first applying for and obtaining the proper county land use permits and approvals; and WHEREAS, notice of county zoning violations and/or land use violations ?f the state "Agricultural" district have been made in writing and received by the above named individuals or violators; and WHEREAS, as stipulated by Hawaii Revised Statutes Section 205-13, the above-named individuals/violators have received the required initial sixty day period for time to cure the state land use "Agricultural" and county zoning violations; and WFIEREAS, the above-named individuals/violators have continued the violations on the above-identified TMK parcels despite having received written notice and the required time to cure the state "Agricultural" district land use and county zoning violations; and WHEREAS, the failure to cure the state "Agricultural" district land use violations subjects each of the above-named individuals/violators to respective citations for a violation and fines, pursuant t'o Hawaii Revised Statutes section 205-13; and WHEREAS, the failure to cure the state "Agricultural" district land use violations on the adove-identified TMK parcel:; subjects the above-named individuals/violators to the procedures, reguirernents, and penalties of Hawaii Revised Statutes section 205-13 and the Hawaii County Zoning Code. WHEREAS, attached as Exhibits are the notice of violation letters and photographic evidence for each violation. NOW THEREFORE HE IT RESOLVED that it is the order of the County of Hawaii, County Council under iiawaii County Code, Section 25-15, that the Corporation Counsel commence action or proceedings for the abatement, removal, anti enjoinment of the unlawful structures, developrent, or use and shall take such other steps and apply to such courts of proper jurisdiction to grant such relief as will abate and remove the unlawful improvement, development or use, and restrain and enjoin any person from setting up, building, maintaining, or using the unlawful building, structure, improvement or development, or using any property contrary to the provisions of the Hawaii County Code and/or the state "Agricultural" district rules of Hawaii Revised Statutes Chapter 205. DATED: Hilo, Hawaii, this _day of lggq. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII DOC.0444D The mounted photographs that were attached as Exhibit B are on file in the County Clerk's Office, and are available for inspection upon request. "EXriIBIT B"