HomeMy WebLinkAboutCOM 0978.001 2012-2014 J Yoshimoto Ntv.4F!! Telephone: (808)961-8272
Chair&Presiding Officer ' .�;• ���� Lr ' Facsimile: (808)961-8912
Council District 2 .� �;t Email:jyoshimoto @co.hawaii.hi.us
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HAWAI'I COUNTY COUNCIL
Office of the County Clerk
County of Hawai
25 Aupuni Street
Hilo, Hawaii 96720
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DATE: September 3, 2014 = C7
TO: Stewart Maeda, Clerk
FROM: J Yoshimoto, Chair
Hawai`i County Council
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RE: Bill 278 '
Attached please find a copy of a Notice of Violation and Order from Duane Kanuha, Director of
the Planning Department, regarding a matter associated with the above-referenced bill.
Please have this properly referred and placed on the agenda for the September 5, 2014 Council
meeting.
Thank you for your attention in this matter.
JY:awm
hc: D. Goodenow
J. Aiello
L. Murashige
Comm, No
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Ref. Date . 1 �y
Hawaii County Is An Equal Opportunity Provider And Employer
William P. Kenoi tvos;,
Mayor �: •'� Duane Kanuha
Director•
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Bobby Command
�' ,..f��.`"- Deputy Director
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West Hawaii Office East Hawaii Office
74-5044 Me Keohokalole Hwy • • 101 Pauahi Street,Suite 3
Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720
Phone(808)323-4770 Phone(808)961-8288
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
CERTIFIED MAIL
7011 1570 0001 5772 8549
August 22, 2014
LK &RR Enterprises LLC
282 Edita Street ;o
Hilo, HI 96720
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Dear Sirs: .77
SUBJECT: Notice of Violation and Order N.)
Complaint: Non-permitted Use in Residential or Neighborhood °o
Commercial Districts
File No.: ZCV 2014-071E
TMK: 2-2-034:072,Waiakea House Lots, Hilo, HI
We have received a complaint alleging that you are improperly using the subject property by
having double-axle trucks actively entering and exiting the property and being warehoused
on the subject property which is not a permitted use.
FINDINGS
Our initial investigation based on a complaint has revealed the following:
1. The property is currently located within the State Land Use Urban district and the
County's Residential (RS-1.0)zoning district.
2. The property is located at 547 Hinano Street in Hilo and is 22,500 square feet in size.
3. Building Permit No. B2012-0867H was issued for a 180' x 40' single family dwelling by
the Building Division of the County of Hawaii Public Works Department. Noted on the
building plans under "General Notes", No. 5 "The design assumes a premanufactured
steel building. Contractor shall coordinate with building manufacturer based on the plans.
www.cohplanningdept.com liana'',County is an Equal Opportunity Provider and Employer planning(aco.hawaii.hi.us
LK &RR Enterprises LLC
Page 2
August 22, 2014
4. A check of the Building Division's building permit records indicate a foundation
inspection was conducted on April 25, 2013, but to date, no final inspection has been
requested.
5. A search of the State of Hawaii Department of Commerce and Consumer Affairs
(DCCA) finds Kamaaina Pumping Inc., a domestic profit corporation, whose purpose is
listed as a pumping company — drywells and culverts. Officers listed for Kamaaina
Pumping Inc. are Lee T. Kunimitsu and Randell A. Riley. A search for LK & RR
Enterprises, LLC, a domestic limited liability company, lists Randell A. Riley and Lee T.
Kunimitsu as officers.
6. A public hearing held by the Windward Planning Commission on July 3, 2014,
recommended approval to the Hawaii County Council for a Change of Zone from a
Single-Family Residential (RS-10) to Neighborhood Commercial (CN-10) zoned district.
The intentions specified were to convert an existing steel-framed single family dwelling
into an office and retail complex for the purpose of renting commercial retail/office
space.
7. A site visit conducted on August 19, 2014, at approximately 10:00 a.m. by Planning
Inspectors Joanne McComber and Mark Iwamoto, confirmed the existence of two
Kamaaina Pumping vacuum excavators commonly used to pump septic tanks. Property
owner, Lee Kunimitsu was on site and was verbally advised that contractor's equipment,
material and vehicle storage is not allowed in either Residential or Neighborhood
Commercial districts. With Mr. Kunimitsu's permission, photos were taken and are
attachments to this letter.
8. Contractor's yards for equipment, material and vehicle storage, repair or maintenance is
an allowable and permitted use in the General Industrial (MG) and Limited Industrial
(ML)zoned districts.
VIOLATION
You are in violation of the Hawai`i County Code, Chapter 25 (Zoning) by using your
property as a contractor's yard for equipment and vehicle storage, which is not a permitted
use on this property.
Prohibited Uses: According to Hawai'i County Code, Chapter 25 (Zoning) Section 25-
4-4 (Uses Prohibited), 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.
LK&RR Enterprises LLC
Page 3
August 22, 2014
Permitted Uses: According to Hawai'i County Code, Chapter 25 (Zoning) Section 25-5-
3 (Permitted uses in the Residential District), contractor's yards for equipment, material
and vehicle storage, repair or maintenance is not listed as a permitted use.
ORDER
You are hereby ordered to take the following corrective action(s) at your own expense
by the"Deadline Date" of September 5,2014:
1. Immediately relocate all commercial and industrial equipment, material and vehicles
from the subject property to a property located in either a General Industrial (MG) or
Limited Industrial (ML) zoned district.
2. Provide a letter to our office by the "Deadline Date" (Attention to: Joanne McComber,
Planning Inspector)with the following:
a) A statement that you have stopped operating a contractor's yard by relocating all
commercial and industrial equipment, material and vehicles to a properly zoned
industrial district.
b) Provide physical location (street address or TMK) of where all the commercial/
industrial equipment,materials and vehicles have relocated to.
c) Include any supporting information such as pictures of your property showing
before and after pictures.
3. You are being assessed an Administrative fine of $500.00 for operating a
contractor's yard in a Residential zoned district.
Administrative Fine: According to County of Hawai'i Planning Department Rules of
Practice and Procedures 9-5(a) Administrative Fines:
a) Resolution of a violation includes correction of the violation and payment of
administrative fines not to exceed $500. In specifying the amount of the fine, the
director shall consider the following:
(1) The nature and degree of the violation.
(2) Whether the violation involves a threat to public health and safety
(3) Whether there are multiple violations.
LK&RR Enterprises LLC
Page 4
August 22, 2014
(4) Whether it is a repeated violation.
Note: Item highlighted is the reason for the civil fine.
4. Pay all fines due to this office. Payment may be made only by cash, cashier's check, or
money order. Personal checks are not accepted. Make cashier's check or money order
payable to County Director of Finance. If you do not know the amount you owe, please
contact this office for the amount due.
5. Contact our zoning inspector listed at the end of this letter to arrange a date and time to
have the property inspected to verify compliance.
Upon receipt of your letter and after our satisfactory review, we may close the complaint
process with no further action depending on the evidence that you provide to this office.
GENERAL INFORMATION
What happens if you do not correct the violation?
A violation that is not corrected by the "Deadline Date" will be assessed daily fines starting
at $100 per day beginning the day after the "Deadline Date" unless it is a recurring
violation. (See table below.) After 3 months the fine increases to $200 per day, after 6
months to $300 per day, after 9 months to $500 per day until the case is resolved. It is in
your best interest to correct this problem before or on the "Deadline Date" as indicated
above. This violation is your first violation.
Daily Fines: According to County of Hawai'i Planning Department Rules of Practice
and Procedure Rule 9-5(d): When a violation is not corrected by the deadline set by the
order, the Director may assess additional fines to a maximum of$500 for each day that
the violation remains uncorrected in accordance with the following schedule:
DAILY FINES FIRST AFTER AFTER AFTER
FOR VIOLATION 3 MOS. 3RD MO. 6TH MO. 9TH MO.
Initial violation $100 $200 $300 $500
First Recurrence $200 $300 $400 $500
Second Recurrence $300 $400 $500
Third Recurrence $400 $500
Fourth and subsequent recurrences will be assessed $500 per day of additional daily fines
from the date that the violation was to cease as set forth in the order.
LK& RR Enterprises LLC
Page 5
August 22, 2014
Can you appeal this Notice of Violation?
Yes. If you feel that you are not in violation you can appeal. In accordance with Hawai'i
County Code, Chapter 25 (Zoning) Section 25-2-20, you may appeal the director's decision
as follows:
(a) Any person aggrieved by the decision of the director in the administration or
application of this chapter, may, within thirty calendar days from the date of
receipt of the Order appeal the decision to the Board of Appeals.
(b) A person is aggrieved by a decision of the director if:
(1) The person has interest in the subject matter of the decision that is so directly
and immediately affected, that the person's interest is clearly distinguishable
from that of the general public; and
(2) The person is or will be adversely affected by the decision.
(c) An appeal shall be in writing, in the form prescribed by the Board of Appeals and
shall specify the person's interest in the subject matter of the appeal and the
grounds of the
appeal.
(d) A filing fee of $250 shall accompany any such appeal. The person appealing a
decision of the director shall provide a copy of the appeal to the director and to the
owners of the affected property and shall provide the Board of Appeals with the
proof of service.
(e) The appellant and the director shall be parties to an appeal. Other persons may be
admitted as parties to an appeal, as permitted by the Board of Appeals.
According to Hawaii County Code, Chapter 25 (Zoning) Section 25-2-23, the Board of
Appeals may affirm the decision of the director, or it may reverse or modify the decision
or remand the decision with appropriate instructions if based upon the preponderance of
evidence the board finds that:
(1) The director erred in its decision; or
(2) The decision violated this chapter or other applicable law; or
(3) The decision was arbitrary or capricious or characterized by an abuse of
discretion or clearly unwarranted exercise of discretion.
LK&RR Enterprises LLC
Page 6
August 22, 2014
For your convenience, we have enclosed the "County of Hawai'i Board of Appeals
General Petition for Appeal of Decisions by Planning Director" form.
Address the Appeal to: Board of Appeals
101 Pauahi Street, Room 3
Hilo, HI 96720
Due Date for Appeal
The appeal must be received within thirty (30)calendar days from the date of receipt of
this Notice of Violation and Order. An appeal to the Board of Appeals shall not 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.
What happens if I lose my appeal?
The assessment and accumulation of fines do not stop when you file for an appeal. If the
Board of Appeals rejects your appeal then you will be required to pay your fines from the
day the fines began to the date the violation(s) has been corrected which must be verified by
the Planning Department. You can also take corrective action as described in this letter and
stop the daily fines, while appealing. If you do not take corrective action, daily fines will
continue to accrue incrementally as per the table listed above.
Can I get a time extension to have more time to correct the violation?
If you know you cannot complete the corrective action by the "Deadline Date", you may
want to submit a "request for a time extension" before the "Deadline Date". Please include
all of the following information with your request:
1. Describe what you have accomplished prior to requesting this time extension.
2. The amount of additional time necessary to complete the corrective action.
3. The name and telephone number of the person assisting you in this effort.
4. The date in which you expect the violation to be fully corrected.
The submission of a time extension request does not guarantee the approval of the
request nor does it extend your right to appeal. If your time extension is denied, daily
fines will continue until the violation is corrected. If approved, the daily fines will be
delayed until the new deadline date.
LK&RR Enterprises LLC
Page 7
August 22, 2014
Should you have any questions on this matter, please contact Planning Inspector Joanne
McComber at 961-8166.
Sincerely,
DUANE KANUHA
Planning Director
JM:nci
P:\Enforcement\TMK Files\ZONE 2\2-2-034-072\ZCV 2014-071E\NOV.doc
Enclosure: County of Hawai'i Board of Appeals General Petition for Appeal of Decisions
by Planning Director form
cc: Mr. Warren Lee, Director, Department of Public Works
Mr. William Brilhante, Corporation Counsel
,Hawaii County Council
LK&RR Enterprises LLC
Page 8
August 22, 2014
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