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<br />PLANNING COMMISSION <br />COUNTY OF HAWAII <br />HEARING TRANSCRIPT <br />FEBRUARY 22, 2008 <br />A regularly advertised hearing on the PLANNING DIRECTOR’S AMENDMENT TO <br />CHAPTER 25 (ZONING), ARTICLE 2, HAWAII COUNTY CODE 1983 (2005 EDITION, AS <br />AMENDED) REGARDING BOARD OF APPEALS was called to order at 10:40 a.m. at the <br />- <br />Waikoloa Beach Marriott Hotel, Alii I, 69275 Waikoloa Beach Drive, Waikoloa, Hawaii, with <br />Chairman Rodney Watanabe presiding. <br />PRESENT: C. Kimo Alameda ABSENT & EXCUSED: Andrew Iwashita <br /> Lani Bowman <br /> Takashi Domingo <br /> Shelly Ogata <br /> Alvin Rho <br /> Rene’ Siracusa <br /> Rodney Watanabe <br /> Rell Woodward <br />Ivan Torigoe, Deputy Corporation Counsel <br />Norman Hayashi, Planning Program Manager <br />Phyllis Fujimoto, Staff Planner <br />Jeff Darrow, Staff Planner <br />Christopher Yuen, Planning Director <br />And no one from the public in attendance. <br />INITIATOR: PLANNING DIRECTOR <br />Amendment to Chapter 25 (Zoning), Article 2, Division 3, Section 25-2-35, Hawaii County <br />Code 1983 (2005 Edition, as amended) relating to administrative enforcement. The proposed <br />amendment states that “an appeal to the board of appeals shall not stay the provisions of the <br />(planning) director’s order pending the final decision of the board of appeals.” <br />WATANABE: We are now on Agenda Item No. 3; this would be Planning Director <br />initiated amendment to Chapter 25 (Zoning), Article 2, Division 3. And with that, I’ll turn it <br />over to Mr. Yuen. <br />YUEN: Yes, good morning. Again, this is a matter that we did talk about a little <br />bit at our last meeting. This relates to enforcement. And what happens when there is a Zoning <br />Code violation, the Planning Department will issue a letter typically saying – and in a typical <br />scenario somebody has an unpermitted use going on that, something that’s not permitted in the <br />zoning district – so the Planning Department letter will say, stop doing what you are doing, or if <br />you don’t stop by a certain – and it’ll give a fairly short timeframe, if it’s a stop-doing thing <br />especially, it’ll have a fairly short timeframe to stop – and it’ll say if you don’t stop by such and <br />such a date, then daily fines will commence. It will also say that the person has the opportunity <br />EXHIBIT C <br />1 <br /> <br />