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Home My WebLink AboutRES 281 Draft 01 1992-1994RESOLUTION N0. 281 94 WHEREAS, the Planning Department has received a complaint and conducted an investigation of an unauthorized business use being conducted and business baseyard use of the property by and for HAWAII PUMP ALL AND/OR HAWAII LUA INC. on the following property commonly referred to as: a TAX MAP KEY: (TMK): 6-4-13: 75 LANDOWNER: GEORGE GRACE P.O. Boa 299 Waianae, Hawaii 96792 b c BUSINESS OWNER/ BUSINESS NAME/ BUSINESS OWNER/ Paul Grace HAWAII PUMP All P.O. Boa 2278 Kamuela, Hawaii 96743 HAWAII LUA INC. P.O. Box 6362 Kamuela, Hawaii, 96743 WHEREAS, Upon receipt of a complaint and receipt of pictures, the Planning Department conducted a field inspection of the subject property on February 29, 1994. During the field inspection, the Planning Department staff viewed the subject property and took photographs on February 24, 1994 of the unauthorized business use and baseyard use. A SET OF MOUNTED PHOTOGRAPHS TAKEN ON AND DATED FEBRUARY 29, 1994 AND JUNE 3, 1994 ARE ATTACHED AS EXHIBIT B. WHEREAS, The Planning Department notified the Landowner of the above referenced property-TMK: 6-4-13: 75 and the Business Owner(s) of the above referenced business use and baseyard 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 DATED APRIL 8, 1994 IS ATTACHED AND IDENTIFIED AS EXHIBIT A. 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 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 provisions of this chapter." -2- WHEREAS, Chapter 25 (Zoning Code), Article 8 (Agricultural District), Section 25-152 (a)(1 to 21)(Permitted uses) does not permit the subject business and baseyard 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 business and baseyard 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 -3- 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. DATED: Hilo, Hawaii, this 16th day of Nw~ber 1994. INTRODUCED HY: COUNTY COUNCIL County of Hawaii Hilo, Hawaii COUNCIL MEMBER, COUNTY ~ HAWAII ROLL CALL VOTE AYES NOES ABS EX X I hereby certify that the Poregoing RESOLUTION wes by the vote indicated to the right hereof a_ dopted by~the1994 CIL of the County oP Hawaii on Noyenber 1 . ATTEST: ~ ~~_..-i ~~ COUNTY CL IRK CHAIRMAN & PRESIDING OFFICER Reference C-1305/PC -137 RESOLUTION NO. 'Z~ 9~ Stephen K. Yamashiro Mayor ~UlYn~y III ~M~uMtt PLANNING DEPARTMENT 25 Aupuni Street, Raom 109 • Hilo, Hawaii 96720-252 (808) 961.8288 Faz (808) 961-9615 CERTIFIED MAIL July 7, 1994 Mr. Paul Grace, Hawaii Pump All Owner P. O. Box 2278 Kamuela, HI 96743 Dear Mr. Grace: Notice of Violation: ILLEGAL BASEYARD Lot Area: 1.1835 acres County Zoning: Agriculture 1-acre (A-la) State Land Use District Designation: "Agriculture" ~~~ ~ • Virginia Goldstein Dittctor Norman Olesen Deputy Dittctor A complaint was received by the Planning Department that the Hawaii Pump All and/or Hawaii Lua Inc. business use and baseyard use is occurring and has been established on the subject property. A recent field inspection to verify the complaint and existence of a business use and baseyard use was conducted by this office and we note the following: 1. On February 24, 1994, a field inspection by the Planning Department of the area surrounding the subject property and of the subject property to verify business use and baseyard use situated on the subject property. Photographs taken of the business use and baseyard use on and dated February 24, 1994, show the following: a. One 1981 WSTR truck-tractor/tanker "honeywagon" type heavy vehicle - pump truck), license plate identification number 866 HCA, GVW 50,000 registered to Hawaii Lua Inc., Box 6362, Kamuela; the vehicle has a sign on the door advertising: Hawaii Pump All 885- 5646. Vehicle and identification information was obtained from the County Department of Finance, Motor Vehicle Registration Division, Kona Office; EXHIBIT A Mr. Paul Grace, Owner Page 2 July 7, 1994 b. One mobile holding tank which may be used to transport sewage was parked next to a heavy pump truck with a Painted Sign with the identifying number PUC-26-C-380, GVW 31,100. The vehicle identification number(s) were verified with the Public Utilities Commission (PUC); c. One flatbed type trailer (orange and/or red rust color); d. One large, double-tire forklift (construction yellow color); e. One fuel/water cylinder type storage tank (orange and/or red rust color); f. One Matson type metal storage container (grey metal color); g. One semi-truck cab/rig (possibly for an 18 wheeler)(yellow color); h. One type flatbed trailer; i. Wooden pallets or skiffs; and, j. Stockpile of steel/metal posts and guardrails; and There is no County record of any land use permits being issued to the landowner and business owner of Hawaii Pump All and/or Hawaii Lua Inc to establish a business use and baseyard use on the subject property; 2. The subject 1.1835 acre parcel is zoned Agricultural (A-la) by the County and designated Agriculture by the State Land Use Commission. Chapter 25 (Zoning Code), Article 8 (Agricultural District), Section 25-152(a)(1 to 21)(Permitted uses) does not permit the above business use and baseyard use on the subject property; and Chapter 205, Section 205-2 & Section 205-4.5, Title 15, Chapter 15, Subchapter 3 (Permissible Land Use); Section 15-15-25 does not permit the above business use and baseyard use on the subject property; Based on the February 24, 1994, Planning Department field inspection and observations of the subject property by Planning Department staff, the Planning Department has determined a Mr. Paul Grace, Owner Page 3 July 7, 1994 business use is occurring and a baseyard use has been established on the subject property. From the photographs and information obtained by the Planning Department, the Hawaii Pump All and/or Hawaii Lua Inc. business use and baseyard use is occurring and has been established on the subject property in violation of the County Zoninq Code and the State of Hawaii Land Use Commission Rules and Regulations. Therefore, pursuant to the procedure and requirements of Section 25-15 of the Zoning Code, this violation is being forwarded to the County of Hawaii County Council, 30 days from the date of this memo. Upon order of the Council, they may immediately request the Corporation Counsel to 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 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 provisions of this chapter. Should you have any questions, please feel welcome to contact Earl Lucero or Royden Yamasato of my staff at 329-4878. Sincerely, ~Y ~ VIR LNI G LDSTEIN Planning irector RHY:rld:mjh LGrace02.RHY Enclosures: Resolution to the County Council xc: West Hawaii Office State of Hawaii-Dept. of Health (Wastewater Board) NOTE On Resolution No. 281-94 , reference is made to photos attached hereto, marked Exhibit "B" Said Exhibit is not part of the duplicate copies of this resolution, but is available for viewing in the Office of the County Clerk. If further informationis call 961-8255. in ~7. Y~hi1 gun y Clerk