2026-02-11 PL-BOA-2026-000130 Petition

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12-7789 KALAPANA KAPOHO BEACH RD, HI (PL-PCV-2022-00015) on TMK: 1-2-018:001 Representative of Kaimu Cove the Land owner Appealing $206,000 back fees and the recent $10,000 fee originally appealed the $206 late fees in this back in 11/17/2022 For Plan Number: PL-BOA-2022-00005. After talking with Iwamoto, Mark of the Planning Dept as directed on the violation notices. I withdrew that appeal. He explained to me then that the Planning Department is not out to collect fines but to bring owners into compliance and that once under compliance and when an SMA is issued the fines are withdrawn. In the past 4 year of this permitting process that same message has been repeated by Alex Roy of planning, and relayed from county to me via Daryn Ari our consultant, who was familiar with this practice. On the last violation I came in and talked with Mark Iwamoto which only stated $10,000 for 1 NOVO and $10,000 for the 2nd NOVA. No mention of back fines. He stated that the permit would not be issued unless this was settled. I told him I was going to be appealing this. He stated just pay the fine and move forward with getting the SMA permit. That if I appealed the $20K all the old back fines would be brought back onto the table during the appeal process. He said the normal procedure is when owner is compliant to remove delayed fines upon the SMA permit was approved. I paid the $20,000 2nd NOVO fine that day. I was then told a letter would be sent to me of payment and adjustment of fines. I spoke with Mark Iwamoto on Friday February 2, 2026 after receiving the 3rd NOVO and he said he drafted the letter waiting the director's signature but that the director Jeff Darrow decided and took this other path instead. When inquiring about past fines accrued being paid, Alex Roy answered an email from Leslie Enriqes and others, on September 24, his response was "No fines have been paid to date. Resolutions of enforcement cases usually comes via the approval of permit. I cannot comment on current enforcement procedures as I am not privy to that information."