HomeMy WebLinkAboutCOM 0122.005 1998-2000
02/15/99 14:00 PAR BOB 9815522 SIOT-CANON HILO ~ 002
T0: James Arakaki, chairman, Hawaii County Council
FROM: Gary Hiyoto -
President of Sunrise Ridge TI Homeowilezs Association
DATE: January 15, 1999
RE: Sunrise Ridge II - Dedication of Improvements to County
The sunrise Ridge II Homeowners Association (the
"Association) and the individual owners currently face a problem
regarding the subdivision improvements and are requesting your
assistance in resolving this problem. It was discovered in
December 1997 that the developers never dedicated the Subdivision
improvements (i.e. roads, sewer system, street signs, and street
lights to the County). In essence, this means that the
Association, which consists of the home owners and lot owners,
are currently responsible to maintain the subdivision
improvements and may be held liable for injuries or accidents
that occur on or are caused by those improvements.
Upon discovering the subdivision improvements were not
dedicated, Day-Lum Rental & management, Inc. ("Day-Lum"), the
Associations property manager, began working with the County to
complete the dedication. By letter dated August 28, 1998, the
Engineering Division of the County of Hawaii recortmended deferral
of the acceptance of dedication until 19 items were fixed. Among
these items is the fixing of 21 substantial cracks in the sewer
system. Obviously, to f1x the sewer and other items would
subject each lot owner to an enormous financial burden.
As the sewer system is only four (41 years old, it is
surprising that there are so many cracks. the wastewater
management Division suspects that the problem may be due to poor
cushioning.
After review o£ the County records, it appears that the
developers applied to the County to accept dedication of the
subdivision improvements and submitted all the necessary
documentation. Despite this fact, the County records indicate
that the county did nothing between August 22, 1995 and June 25,
1997. Attached is a chronology of events and so copies of the
pertinent memos pertaining to this issue.
It also appears that the County acted as if it accepted
dedication of the improvements. The County has been allowing
water, sewer to be connected and collecting water and sewer fees,
has on at least one occasion cleaned the sewer system, and has
re-paintefl the stripes on the roadway.
Comm. No. '2 2 • ~ s
~ xa Doc SuB
Ref. ToYressntod PWPG
Ref. Da 16 1999
02/15/99 14:01 FAX 808 8815522 SIOT-CANON HILO fm 00J
I strongly urge you as Chairman of the Hawaii County Council
and members of the council to support acceptance of dedication of
the improvements for Sunrise Ridge iI to the County of Hawaii.
The rational iS that if the County had acted in a timely fashion,
the subdivision improvements would have been dedicated and owned
by the county and not by the lot owners. when the lot owners
bought their pzoperties, they assumed that the improvements were
owned by the County. The County acted as if it owned the
improvements by allowing sale of lots, allowing hookups,
approving construction plans and billing for sezvices.
If you were allowed to build your home and was billed for
services, wouldn't you assume that the County owned the
impzovements? Then wouldn't you expect the county to accept
dedication at this time due to its responsibility to the
homeowners?
We, the homeowners and lot owners appreciate your
consideration of this matter.
Sincerely,
Gary Hiyoto
President of Sunrise Ridge II
Homeowners Association