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HomeMy WebLinkAbout2026-01-15 Reissue Notice of Violation and Order Dated 12-04-2025 41 C.Kimo Alameda Ph.D. y'vtY aF .� .. JeffreyW.Darrow Mayor , 0• •�� • - -r^ �i�r•• Director r • +Tlw • William V.Brilhante Jr. .-- = Michelle S.Ahn Managing Directory = Deputy Director of Y1 � West Hawai`i Office East Hawai`i Office 74-5044 Ane Keohokalole Hwy 101 Pauahi Street,Suite 3 Kailua-Kona,Hawai`i 96740 County of Hawai 1 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 7910 December 4, 2025 Trade Winds Productions, Inc 1015 Grandview Avenue Glendale, CA 91201 Dear Sirs: SUBJECT: Reissue Notice of Violation and Order Complaint: Violation of Conditions of Special Management Area Assessment—PL-SAA-2025-00300 Case No.: PL- PCV-2025-00112 TMK: 7-8-012:002, Keauhou 1st and 2nd Beach Section, North Kona, Hawaii RESCISSION AND REISSUANCE The Hawai`i County Planning Department previously issued a Notice of Violation and Order (NOVO) dated September 19, 2025, which was mailed by certified mail to the above address. That certified mailing was returned to our office marked"Unclaimed/Unable to Forward." In addition, the individuals copied on that correspondence did not receive the General Information enclosure explaining fines, corrective actions, and appeal procedures, including the appropriate Board of Appeals application form. For these reasons, the Notice of Violation and Order dated September 19, 2025, is hereby rescinded and replaced in its entirety by this Reissued Notice of Violation and Order, which restates the same findings, violations, and civil penalties. This reissued NOVO is intended to ensure that you and the copied recipients receive full notice of the violations and a complete opportunity to appeal using the correct application. 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, Hawai`i 96740.Planning Department records indicate that the property is situated within the State Land Use Urban (U) District and is www.planning.hawaiicounty.gov Hawai`i County is an Equal Opportunity Provider and Employer planning(a�hawaiicount,� ov Trade Winds Productions, Inc. December 4, 2025 Page 2 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). 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 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. Trade Winds Productions, Inc. December 4, 2025 Page 3 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. 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. 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, jeffi-ei I4) vow Jeffrey W.Darrow(Dec 4,2025 09:58:08 HST) JEFFREY W. DARROW Planning Director Trade Winds Productions, Inc. December 4, 2025 Page 4 EGG: \\coh 141 v\Planning\StafflLibby\Enforcement\Trade Wind Productions NOVO 12032025 Ltr Enclosure: • General Information 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 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. 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. 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 electronically submitted, in the format 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. Unless otherwise specifically provided by the Board of Appeals rules, an electronic copy of each document shall be filed. A filing fee of$250 shall accompany any such appeal. The person appealing a decision of the director shall provide an electonic 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. (Application Link Enclosed, submit electronically) (d) 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 Hawai`i 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. For your convenience, we have provided the website address for Hawai`i County's new EPIC System(Electronic Processing and Information Center) for applications. WEBSITE: https://hawaiicountyhi-energovpub.tylerhost.net/Apps/SelfService#/home 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,"including 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.