HomeMy WebLinkAbout2023-08-04 PL-PCV-2022-00015 DAILY FINES LTR Mitchell D.Roth oJMt ;OF*
,? Zendo Kern
Mayorl "\ Director
•
Lee E. Lord +� - Mi�r/ Jeffrey W. Darrow
Managing Director e -Te.k_===t5 ; Deputy Director
4 Of•N �
West Hawaii Office East Hawai`i Office
74-5044 Ane Keohokalole Hwy 101 Pauahi Street,Suite 3
Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720
Phone(808)323-4770 Phone(808)961-8288
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
CERTIFIED MAIL RESTRICTED DELIVERY SIGNATURE CONFIRMATION
August 4, 2023
7022 3330 0000 1492 9328 7022 3330 0000 1492 9311
Mark Wyatt Lisa Benham
12-55 Likoliko Loop 12-55 Likoliko Loop
Pahoa, HI. 96778 Pahoa, HI. 96778
7022 3330 0000 1492 9304
Edward Utyro
13-6519 Kalapana-Kapoho Road
Pahoa, HI. 96778
Dear Property Owners:
SUBJECT: Daily Fines Letter
Complaint: Unpermitted Development within the Special Management
Area
Reference: Notice of Violation and Order dated October 10, 2022
File No.: PL-PCV-2022-00015
TMK: (3) 1-2-018:001, Kalapana-Kapoho Road, Pahoa, HI.
To date, you have failed to comply with the Notice of Violation (NOV) and Order dated October
10, 2022, which was sent to you by Certified Mail Restricted Delivery. As a result, you are being
imposed daily fines as stated in the NOV and Order, which began on October 11, 2022.
DAILY FINES
As of the date of this letter, your fines have accrued to $206,000.00, fines accrued are based on
the Daily Fines Schedule as shown below.
Daily Fines: According to the County of Hawaii Planning Department Rules of Practice and
Procedure Rule 9-5(d): When a violation is not corrected by the deadline date 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:
www.olanning.hawaiicountv.gov Hawaii County is an Equal Opportunity Provider and Employer planning(a'hawaiicountv.gor
Mark Wyatt
Lisa Benham
Edward Utyro
PL-PCV-2022-00015
Daily Fines Letter
August 4, 2023
Page 2
Daily Fines First Three Months After Third After Sixth After Ninth
for Violations (3d) Month (6`h) month (0) Month
Initial Violation $100 $200 $300 $500
First Repeated $200 $300 $400 $500
Violation
Second Repeated $300 $400 $500
Violation
Third Repeated $400 $500
' Violation
Fourth (4th) and subsequent repeated violations will be assessed $500 per day of
additional daily fines from the date that the violation was to cease or be corrected, as set
forth in the order.
RESOLUTION
To resolve this matter, you must do the following, or daily fines will continue to accrue as
described above and Corporation Counsel may begin legal action against you:
1. Apply for and secure either an after-the-fact Special Management Area (SMA) Use
Permit Assessment or SMA Use Permit application and any other development
permits for the unpermitted development on the subject property. (Application(s)
must be filed electronically)
2. Pay all fines due to this office. Payment may be made only by cash, cashier's check,
or money order. Personal checks are not accepted. Make cashier's check or money
order payable to the "County Director of Finance". If you do not know the amount
you owe on the date you plan to pay, please contact this office for the amount due. As
a reminder, daily fines will continue to accrue.
3. Correct all violations at your own expense on or before the date specified below.
4. Pay all fines due this office and complete corrective actions by the deadline date of
October 4, 2023. Payments may be made by cash, cashier's check, or money order.
Personal checks are not accepted. Make cashier's check or money order payable to
the County of Hawaii Director of Finance.
Mark Wyatt
Lisa Benham
Edward Utyro
PL-PCV-2022-00015
Daily Fines Letter
August 4, 2023
Page 3
What happens if you do not pay the fines?
"Pursuant to Hawaii County Code, Chapter 25 (Zoning) Section 25-2-35(i), fines assessed under
this Section shall constitute a lien upon the subject property upon filing of said lien with the
Bureau of Conveyances. This lien shall be considered for the purpose of authority, to be the
equivalent of liens that arise pursuant to the provisions of Chapter 19 of this Code."
This issue may be referred to the Office of Corporation Counsel for civil remedy and/or the
Prosecuting Attorney's Office for criminal prosecution.
Should you have any questions, please feel free to contact Jeffrey Darrow at (808) 961-8158.
Sincerely,
dor endo Kern
Planning Director
MI:(id
11COHOI\planning\public\Enforcement\TMK Files\ZONE 1 Sec. I-I to 1-41I-2-018-00 I1DailyfineupwyattPCV-22-000I5.doc
cc: (via email) Tracie Camero
cc(via email): Jean Campbell, Corporation Counsel
cc(via email) Daryn Arai, Planning Consultant