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HomeMy WebLinkAboutRES 297 Draft 01 1992-1994..~._.. COUNTY OF HAWA~1 ~~~~~ STATE OF HAWAII RESOLUTION N0. 29'? 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: 9-2-87: parcel 19 J. Hodkinson, B.J. Hodkinson, Automobile Junk Yard. (2) TMK: 9-2-73: parcel 20 W. Watson, J. Watson, Automobile Junk Yard. (3) TMK: 9-2-162: parcels 42-46 E. J. Luchenbill, Automobile Junk Yard. (4) TMK: 9-2-35: parcel 4 S. A. Littell, Automobile Junk Yard. 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 ' lation of Hawaii County Zoning Code and the State of are in vio 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: 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: Page 3 DATED: Hilo, Hawaii, this 16th day of Novenber ,1994. INTRODUCED BY• COUNCIL MEMBER, COUNTY HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopte by t 16C0 91 94 L of the County of Hawaii on ATTEST: ROLL CALL VOTE ~ ~ AYES ~ NOES I ABS I EX I Reference C-1345/PC - 138 CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. Z9 a7 94 ~ K. Yamuiwo u.n. (~mrnf~r u#' ~tt£utm PLANNING DEPARTMENT u e.wm sd... am. Gov • xoa w..r %na+:sz ceaq ss~~ea . ~ ceoe~ se~.sb~s CERTIFIED MAIL September 28, 1994 Mr. & Mrs. Jonathan Hodkinson P. O. Hoa X Kailua-Rona, HZ 96745 Dear Mr. & Mrs. Hodkinson: v~ caa~ Dinaw Nam.n Ok~m ~/Wf' Du"mw Automobile Junk Yard in an Agriculture Zone District Taa Man Rev: 9-2-87: 19 A follow-up inspection was conducted by Mr. Bob Makuakane. This inspection revealed that there are twenty to thirty wrecked vehicles on the property. We would like to apologize for letter. This letter requested allow to be kept on the subject non-commercial hobby. this belated response to your the number of vehicles that we would property by Mr. Phillips, as a Chapter 25 (Zoning Code) defines 'junk yard" as "the use of more than two hundred square feet of land for storage or keeping of junk, scrap, or waste materials, or the use of any area for the dismantling or wrecking of vehicles or machinery or for storage of parts resulting therefrom." This definition does not require the commercialization of the use for it to become a junk yard. You were notified of the violations in our letter of January 25, 1994, and requested to remove the wrecked vehicles within sixty calendar days. Hased on all of the above, this is to notify you that we are issuing you a citation foz 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. "EXHIBIT A" Mr. & Mrs. Jonathan Hodkinson Page 2 September 28, 1999 Your failure to comply with our request to remove the wrecked vehicles has resulted in a resolution being filed with the County Council asking the Corporation Counsel for the abatement, removal and enjoinment of the illegal use. You are further advised that in accordance with the Hawaii County Code, Chapter 25, Section 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, VIRGINIA GOLDSTEIN Planning Director FS:mjh 5172D zc: Mayor's Office Corporation Counsel Council Chairman Spencer K. Schutte Soepl~m K Y,muirim 2Aq.. ft~lrnf~r ~ ~Sfu~ii PLANNIIVG DEPARTMENT is aw. so.e. ate. ia9 • em, w..+ 9sna{:n ceoq sb~~atea • ~.. caoai ~~•vs~s CERTIFIED MAIL September 28, 1994 Mr. Scott A. Littell P. 0. Boz 237 Naalehu, HI 96772 Dear Mr. Littell: v,~: caa.~ DB.sw Nmm~n OLym Automobile Junk Yard in an Agriculture Zone District Taz Mau Rev• 9-Z-35. 4 A follow-up inspection was conducted by Mr. Hob Makuakane. This inspection revealed that there are thirty to forty wrecked vehicles on the property. You were notified of the violations and requested to remove these vehicles from the property within sizty calendar days. Based on the above, this is to notify you that we are issuing you a citation for 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. Your failure to comply with our request to remove the wrecked vehicles has resulted in a resolution being filed with the County Council asking the Corporation Counsel for the abatement, removal and enjoinment of the illegal use. Mr. Scott A. Littell Page 2 September 28, 1994 You are further advised that in accordance with Section 25-16 of the Chapter 25 of the Hawaii County Code, 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, FIRGINIA GOLDSTEIN ~ Planning Director FS:mjh 5172D ac: Mayor's Office Corporation Counsel Council Chairman Spencer K. Schutte vim„. cota.~ n+,:d.. semen x. xm..~ ~~ ~ ~~~ PLANNING DEPARTMENT zs ~.vd sue. a~ Gov • tue. w..s gsno-as: ceae~ sxi.azee • w: caos> 9si•gs~s September 28, 1994 Mr. & Mrs. Walter Watson P. O. Boz 273 Honaunau, HI 96726 Dear Mr. & Mrs. Watson N«~ ot~ of Wf DG.eew Automobile Junk Yard in an Agriculture Zone District -- °-o Rev• 9 2 7~• 20 - A follow-up inspection was conducted by Mr. Hob Makuakane. This inspection revealed that there are thirty wrecked vehicles on the property. You were notified of the violations and requested to remove these vehicles from the property within sixty calendar days. Based on the above, this is to notify you that we are issuing you a citation for 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. Your failure to comply with our request to remove the wrecked vehicles has resulted in a resolution being filed with the County Council asking the Corporation Counsel for the abatement, removal and enjoinment of the illegal use. Mr. & Mrs. Walter Watson Page 2 September 28, 1994 You are further advised that in accordance with Section 25-16 of the Chapter 25 of the Hawaii County Code, 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, VIRGINIA GOLDSTEIN ,j' Planning Director FS:mjh 5172D zc: Mayor's Office Corporation Counsel Council Chairman Spencer K. Schutte Soephm K Yamu~ito Nei.. (~~unf~r u#' ~t£urni PLANNING DEPARTMENT is e.o.. sa.., aoo. X09 . xm, x..+: %tw.asz coon sb~.a~as . F.. ceae- 9s~as~s September 28, 1994 Mr. Eric J. Luchenbill P. O. Hoz 610 Honaunau, HI 96726 Dear Mr. Luchenbill: . w~. cbtav~ nr.d. Narm~n Olnm Dy.y Db.ew Automobile Junk Yard in an Agriculture Zone District Taz Man Kev: 9-2-162. 42-46 A follow-up inspection was conducted by Mr. Hob Makuakane. This inspection revealed that there are twenty wrecked vehicles on the property. You were notified of the violations and requested to remove these vehicles from the property within sizty calendar days. Hased on the above, this is to notify you that we are issuing you a citation for 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. Your failure to comply with our request to remove the wrecked vehicles has resulted in a resolution being filed with the County Council asking the Corporation Counsel for the abatement, removal +ind enjoinment of the illegal use. Mr. Eric J. Luchenbill Page Z September 28, 1994 You are further advised that in accordance with Section 25-16 of the Chapter 25 of the Hawaii County Code, 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, /~, -' .'try i't7ZRGINZA GOLDSTEIN :~ Planning Director FS:mjh 5172D ac: Mayor's Office Corporation Counsel Council Chairman Spencer R. Schutte . NOTE On Resolution No. 297-94 , reference is made to photos attached hereto, marked Exhibit "H". 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 needed, call 961-8255.