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Home My WebLink About2026-01-15 Notice of Violation and Order Dated 09-19-2025 C. Kimo Alameda,Ph.D. :� `•' OF"•• ' Jeffrey. W. Darrow Mayor �`� `� '��;. Director * +P+ +* William V. Brilhante,Jr. :-� . : = Michelle S. Ahn Managing Director `'� n �.�''��---=-.-=��-.��.• � Deputy Director A-� West Hawai`i Office East Hawai`i Office 74-5044 Ane Keohokalole Hwy 101 Pauahi Street,Suite 3 Kailua-Kona,Hawai`i Y i 96740 Count of Hawai`i Hilo,Hawai`i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 CERTIFIED MAIL 7019 0140 0000 8342 7903 September 19, 2025 Trade Winds Productions, Inc 1015 Grandview Avenue Glendale, CA 91201 Dear Sirs: SUBJECT: Notice of Violation and Order Complaint: Violation of Conditions of Special Management Area Assessment— PL-SAA-2025-00300 Case No.: PL- PVC-2025-00112 TMK: 7-8-012:002, Keauhou 1st and 2nd Beach Section,North Kona, Hawaii The Hawai`i County Planning Department has received numerous complaints from the community regarding filming activities occurring at 78-133 Ehukai Street, Kailua-Kona, Hawai`i. After review and investigation, this letter serves as a Notice of Violation and Order (NOVO), affirming and documenting that a violation of the Hawai`i County Zoning Code has occurred on the subject property. SUMMARY OF FINDINGS Real Property Tax Office records confirm that Nouveaux Kailua Kona, LLC is the owner of the property located at 78-133 Ehukai Street, Kailua-Kona, Hawaii 96740. Planning Department records indicate that the property is situated within the State Land Use Urban (U) District and is zoned Single-Family Residential (RS-10) under the County of Hawai`i Zoning Code (Chapter 25, Hawai`i County Code). The parcel is also located within the State of Hawai`i Special Management Area(SMA). www.planning.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer planning@hawaiicounty.gov Trade Winds Productions, Inc. September 19, 2025 Page 2 INSPECTION REPORT AND CORRESPONDENCE On July 5, 2025,the Planning Department received a Special Management Area (SMA) Use Permit Assessment Application for the proposed filming of Temptation Island, Season 7. The application stated that production activities would occur from August 5, 2025, through September 22, 2025. The applicant further represented that environmental safeguards would be implemented to protect the shoreline and surrounding areas. Specifically, the application noted: "All lighting will be directed to avoid spill into the sky and/or ocean, minimizing potential disruption to native wildlife and preserving the natural character of the coastal environment. " On July 24, 2025, the Planning Department approved the Special Management Area (SMA) Use Permit Assessment Application (PL-SAA-2025-000300). The approval authorized the temporary use of the dwelling and property for filming purposes, provided that the applicant complied with all specified conditions. Condition 6 of the approval dated July 24, 2025, stated: "Artificial light from exterior lighting fixtures, including, but not necessarily limited to floodlights, up-lights or spotlights used for decorative or aesthetic purposes shall be prohibited if the light directly illuminates, or is directed to project across property boundaries toward, the shoreline and ocean waters, except as may otherwise be permitted pursuant to Section 205A- 71 (b), Hawaii Revised Statues." On September 11, 2025, the Planning Department received several complaints, and a photograph taken from across Keauhou Bay on September 3, 2025, showing the property being illuminated and lights shining on the ocean. (Photograph on file.) NOTICE OF VIOLATION The Planning Director, based on findings from Planning Inspector Elizabeth Gillis, has determined that the event violated the following sections of the Hawaii Revised Statues 205A: Section 205A-71 Artificial light on shoreline and ocean waters. (a)Artificial light from floodlights, up lights or spotlights used for decorative or aesthetic purposes is prohibited when the light: (1) Directly illuminates the shoreline and ocean waters; or (2) Is directed to travel across property boundaries toward the shoreline and ocean waters. Trade Winds Productions, Inc. September 19, 2025 Page 3 ORDER You are hereby ORDERED to complete the following corrective action(s) at your own expense by the "Deadline Date" which is 30 days after USPS Postmaster Date Stamp on Certified Mail Receipt. 1. Remove and cease using all lights that project over properties boundaries and shine onto the shoreline and ocean. HCC PENALTY 1. You are assessed a civil fine of$10,000.00 for violation of Hawaii Revised Statues Section 205-A-71. 2. Resolution of the violations includes correction of the violation and payment of all civil fines. 3. Payment Instructions: Pay the fines to this office. Payment may only be made by cash, cashier's check, or money order. Personal checks are not accepted. Make cashier's check and money order payable to the County Director of Finance. Mail your payment to the Planning Department, 74-5044 Ane Keohokalohe Hwy., Building E, Kailua-Kona, HI 96740 This Order shall become final 30 days after USPS Postmaster Date Stamp on Certified Mail Receipt. APPEAL Within thirty days after the service the NOVO, any person adversely affected by the NOVO may appeal the NOVO to the Board of Appeals as provided by Section 6-9.2 of the County Charter and Sections 25-2-20 thru 25, Division 2, Article 2 of Chapter 25, Hawai`i County Code 1983 (2016 Edition, as amended). An appeal to the Board of Appeals shall not stay the provisions of the order pending the final decision of the Board of Appeals. See Appeal in General Information. You are further notified that this Notice of Violation and Order is being forwarded to other Governmental Agencies for their review and actions. This matter may be referred to the Office of Corporation Counsel for civil remedy and/or the Prosecuting Attorney's Office for criminal prosecution. Should you acquire the services of an attorney/counsel representation then you are required to also submit a letter of consent with your response letter authorizing the County to correspond and respond to the attorney/counsel representation. Trade Winds Productions, Inc. September 19, 2025 Page 4 Should you have questions regarding the violation or corrective actions, please contact Planning Inspector, Elizabeth Gillis or Planning Program Manager, Joel Rathje at the West Hawaii Office by email: planning@hawaiicounty.gov or by phone at 808-323-4770. Sincerely, Jeffre kv. Dancow Jeffrey W Darrow(Sep 29,2025 14:12:39 HST) JEFFREY W. DARROW Planning Director EGG: \\coh 141 v\Planning\Staff\Libby\Enforcement\Trade Wind Productions NOV Ltr CC: Merrick Nishimoto—Deputy Managing Director Clifford Victorine—Executive Assistant, Mayors Office Benson Medina—Director Research and Development John Harvey—Hawaii Police Officer III Shawn Pila—Agent for Trade Winds Productions, Inc