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Home My WebLink About2026.07.17.Dec of Counsel, Exhibits 1-4, COS_v1.pdfOf Counsel: PORTER KIAKONA KOPPER, A Limited Liability Law Company, LLC H. MAXWELL KOPPER 9601-0 SARA M. NAKAYAMA 12064-0 841 Bishop Street, Suite 1500 Honolulu, HI 96813 E-Mail: mkopperkhawaiile ag l.com snakayamakhawaiile ag l.com Attorneys for Appellant O`OMA PLANTATION COMMUNITY ASSOCIATION IN THE BOARD OF APPEALS COUNTY OF HAWAI`I STATE OF HAWAI`I O`OMA PLANTATION COMMUNITY CASE NO.: PL-BOA-2026-000134 ASSOCIATION, DECLARATION OF COUNSEL; Appellant, EXHIBITS 461" - 6(49); CERTIFICATE OF SERVICE VS. JEFFREY DARROW, PLANNING Hearing: DIRECTOR, COUNTY OF HAWAI`I, Date: August 14, 2026 Time: 9:30 a.m. Appellee. DECLARATION OF COUNSEL I, SARA M. NAKAYAMA, hereby declare as follows: 1. I am an attorney licensed to practice law in the State of Hawaii. I am one of the attorneys for Appellant O`OMA PLANTATION COMMUNITY ASSOCIATION ("Appellant" and/or "Association") in this action, and as such, I have personal knowledge of the facts stated herein and make this declaration on personal knowledge of the facts stated herein. 2. Attached hereto as Exhibit "I" is a true and correct copy of the May 13, 2026, Closure Letter addressed to Fortunato Bolo Kainoa Pabre and Kimberly Alicia Pabre sent by Jeffrey W. Darrow, a Planning Director from the County of Hawaii Planning Department. 3. Attached hereto as Exhibit "2" is a true and correct copy of an email thread with its attachments dated April 23, 2026, from members of the Association between Elizabeth Gillis, a Planning Inspector I1 from the County of Hawaii Planning Department. 4. Attached hereto as Exhibit "Y' and Exhibit "4" are true and correct copies of photos taken of the subject property, 73-1415 Kukuna Street, Kailua-Kona, Hawaii 96740, from a neighboring lot on July 16, 2026. I declare under penalty of law that the foregoing is true and correct to the best of my knowledge. DATED: Honolulu, Hawaii, July 17, 2026. ls/ Sara M. Nakayama SARA M. NAKAYAMA 2 Of Counsel: PORTER KIAKONA KOPPER, A Limited Liability Law Company, LLC H. MAXWELL KOPPER 9601-0 SARA M. NAKAYAMA 12064-0 841 Bishop Street, Suite 1500 Honolulu, HI 96813 E-Mail: mkopperkhawaiile ag l.com snakUama ckhawaiile al�com Attorneys for Appellant O`OMA PLANTATION COMMUNITY ASSOCIATION IN THE BOARD OF APPEALS COUNTY OF HAWAI`I STATE OF HAWAI`I O`OMA PLANTATION COMMUNITY CASE NO.: PL-BOA-2026-000134 ASSOCIATION, Appellant, Vs. JEFFREY DARROW, PLANNING DIRECTOR, COUNTY OF HAWAI`I, Appellee. EXHIBIT "I" EXHIBIT "1" C. Kimo Alameda, Ph.D. Mayor William V. Brilhante, Jr. Managing Director West Hawai'i Office 74-5044 Ane Keohokalole Hwy Kailua-Kona, Hawai'i 96740 Phone (808) 323-4770 Fax (808) 327-3563 May 13, 2026 Fortunato Bolo Kainoa Pabre Kimberly Alicia Pabre 73-1415 Kukuna Street Kailua Kona, HI 96740 Email: kpabre(a)gmail.com Subject: Closure Letter County of Hawaii PLANNING DEPARTMENT Jeffrey W. Darrow Director Michelle S. Ahn Deputy Director East Hawai'i Office 101 Pauahi Street, Suite 3 Hilo, Hawai'i 96720 Phone (808) 961-8288 Fax (808) 961-8742 Reference: Notice of Violation and Order dated April 1, 2026 Case #: PL-PCV-2025-01100 TMK: 7-3-007:067, O'oma — 1st Kohanaiki, N. Kona, Hawai'i Dear Mr. & Mrs. Pabre, This letter formally informs you that Case #PL-PCV-2025-01100 is resolved and officially closed. On May 11, 2026, Planning Inspectors conducted a compliance inspection at your property. The inspection verified that the animal housing and chicken cages have been relocated toward the center of the property. Measurements show the structures are approximately 52 feet from the property boundary lines, which exceeds the required setback distance. After reviewing the results of the inspection, the Planning Director has determined that the appropriate setback in the FA Zoning District should be 30 feet. The current placement of the structures exceeds that requirement, so the violation has been considered corrected and the case is closed. For your information, in accordance with Hawai'i County Code, Chapter 25 (Zoning) Section 25-2-20, the director's decision may be appealed as follows: (a) Any person aggrieved by the decision of the director in the administration or application of this chapter may, within thirty (30) days from the date of the receipt of the Order appeal the decision to the Board of Appeals. www.planning.hawaiicounty.gov Hawai'i County is an Equal Opportunity Provider and Employer planningCa hawaiicountyyov EXHIBIT 111" PAGE: 1 Fortunato Bolo Kainoa Pabre Kimberly Alicia Pabre Closure Letter PL-PCV-2025-01100 May 13, 2026 Page 2 If you have questions about this matter, please contact Tiffany Clark at plan ninq(a�hawaiicounty.gov. Sincerely, �� W.Darrow Darro (May 13, 2026 13:55:06 HST) JEFFREY W. DARROW Planning Director THC:thc \\coh141v\Planning\Staff\Tiffany\Enforcement\Livestock\7-3-007-067 PL-PCV-2025- 01100 Pabre\PL-PCV-2025-01100 Pabre Closure Letter 2.docx Enclosure: GENERAL PETITION FOR APPEAL OF DECISIONS BY PLANNING DIRECTOR OR PUBLIC WORKS DIRECTOR The following have been electronically copied. No hard copy to follow. EXHIBIT "I" PAGE: 2 Of Counsel: PORTER KIAKONA KOPPER, A Limited Liability Law Company, LLC H. MAXWELL KOPPER 9601-0 SARA M. NAKAYAMA 12064-0 841 Bishop Street, Suite 1500 Honolulu, HI 96813 E-Mail: mkopperkhawaiile ag l.com snakUama ckhawaiile al�com Attorneys for Appellant O`OMA PLANTATION COMMUNITY ASSOCIATION IN THE BOARD OF APPEALS COUNTY OF HAWAI`I STATE OF HAWAI`I O`OMA PLANTATION COMMUNITY CASE NO.: PL-BOA-2026-000134 ASSOCIATION, Appellant, Vs. JEFFREY DARROW, PLANNING DIRECTOR, COUNTY OF HAWAI`I, Appellee. EXHIBIT "2" EXHIBIT "2" aOutlook Re: Response to Email Regarding FA zoning district - PL-2026-012855 From > Date Thu 4/23/2026 11:01 AM To Cc 0 2 attachments (535 KB) Email from Planning Inspector regarding Agricultural zoning regulations.pdf; 2026-04-01 PL-PCV-2025-01100 NOVO LTR (F. PABRE).pdf; ■ On Apr 23, 2026, at 10:02AM,_ > wrote: From: Gillis, Elizabeth > Sent: Thursday, April 23, 2026 8:41 AM Cc: Rathje, Joel T. < >; Clark, Tiffany H Subject: Response to Email Regarding FA zoning district - PL-2026-012855 Aloha, The Department of Planning received your inquiry regarding zoning regulations applicable to properties within the Family Agricultural (FA-2a) zoning district. Please see our response below: 1. Setback Requirements — 75 feet vs. 30/20 feet Section 25-5-56 of the Hawaii County Code establishes minimum yard requirements within the FA district, generally requiring setbacks of thirty (30) feet for front and rear yards and twenty (20) feet for side yards. However, Section 25-5-62(15) provides that any barn, shed, stable, hutch, corral, run, or other enclosure for the keeping of livestock or permitted animals shall be located at least seventy-five (75) feet from any lot line. Accordingly, where a structure or area is used for the keeping or confinement of livestock, the seventy-five (75) foot separation requirement applies and controls over the standard yard setbacks. 2. Density (Number) of Birds Chapter 25 does not establish a specific numerical limit on the number of chickens (roosters) permitted within the FA zoning district. Agricultural uses, including the raising of poultry, are permitted; however, such use must remain consistent with agricultural purposes and comply with applicable standards of the Code. EXHIBIT 11211 3. Fenced Areas Under Eight (8) Feet in Height PAGE: 1 Fences under eight (8) feet in height are generally exempt from standard yard setback requirements. However, this exemption does not apply where the fenced area is used for the sheltering or confinement of livestock. If a fenced area functions as an enclosure for livestock, the seventy-five (75) foot separation requirement from property lines, as set forth in Section 25-5-62(15), still applies regardless of fence height. 4. "Rooster Teepees" as Enclosures Chapter 25 regulates structures based on their function. Any structure used for the sheltering, housing, or confinement of animals — regardless of its form or permanence —may be considered an enclosure under the Code. Accordingly, structures such as "rooster teepees," if used to house or confine animals, would be subject to applicable enclosure requirements, including the seventy-five (75) foot setback. 5. Applicability of HOA CC&Rs County zoning regulations and private Homeowners Association (HOA) Covenants, Conditions, and Restrictions (CC&Rs) operate independently. The Department of Planning enforces Chapter 25 of the Hawaii County Code but does not enforce private CC&Rs. Property owners remain responsible for compliance with both. Where private CC&Rs impose more restrictive limitations, those restrictions may be enforceable through civil means. 6. Rock Walls and HOA Regulations While certain walls or fences may be permitted under the Hawaii County Code and may not require permits depending on height and construction, such allowances do not exempt a property owner from compliance with applicable HOA CC&Rs. I hope provides some clarity and answers your questions. Elizabeth Gillis Planning Inspector II County of Hawaii Planning Department 74-5044 Ane Keohokalole Hwy, Bldg. E Kailua Kona, HI 96740 80� EXHIBIT 112" PAGE: 2 Aloha, The Department of Planning received your inquiry regarding zoning regulations applicable to properties within the Family Agricultural (FA-2a) zoning district. Please see our response below: 1. Setback Requirements — 75 feet vs. 30/20 feet Section 25-5-56 of the Hawaii County Code establishes minimum yard requirements within the FA district, generally requiring setbacks of thirty (30) feet for front and rear yards and twenty (20) feet for side yards. However, Section 25-5-62(15) provides that any barn, shed, stable, hutch, corral, run, or other enclosure for the keeping of livestock or permitted animals shall be located at least seventy-five (75) feet from any lot line. Accordingly, where a structure or area is used for the keeping or confinement of livestock, the seventy-five (75) foot separation requirement applies and controls over the standard yard setbacks. 2. Density (Number) of Birds Chapter 25 does not establish a specific numerical limit on the number of chickens (roosters) permitted within the FA zoning district. Agricultural uses, including the raising of poultry, are permitted; however, such use must remain consistent with agricultural purposes and comply with applicable standards of the Code. 3. Fenced Areas Under Eight (8) Feet in Height Fences under eight (8) feet in height are generally exempt from standard yard setback requirements. However, this exemption does not apply where the fenced area is used for the sheltering or confinement of livestock. If a fenced area functions as an enclosure for livestock, the seventy-five (75) foot separation requirement from property lines, as set forth in Section 25-5-62(15), still applies regardless of fence height. 4. "Rooster Teepees" as Enclosures Chapter 25 regulates structures based on their function. Any structure used for the sheltering, housing, or confinement of animals —regardless of its form or permanence — may be considered an enclosure under the Code. Accordingly, structures such as "rooster teepees," if used to house or confine animals, would be subject to applicable enclosure requirements, including the seventy-five (75) foot setback. 5. Applicability of HOA CC&Rs County zoning regulations and private Homeowners Association (HOA) Covenants, Conditions, and Restrictions (CC&Rs) operate independently. The Department of Planning enforces Chapter 25 of the Hawaii County Code but does not enforce private CC&Rs. Property owners remain responsible for compliance with both. EXHIBIT 112" PAGE: 3 Where private CC&Rs impose more restrictive limitations, those restrictions may be enforceable through civil means. 6. Rock Walls and HOA Regulations While certain walls or fences may be permitted under the Hawaii County Code and may not require permits depending on height and construction, such allowances do not exempt a property owner from compliance with applicable HOA CC&Rs. I hope provides some clarity and answers your questions. Elizabeth Gillis Planning Inspector II County of Hawaii Planning Department 74-5044 Ane Keohokalole Hwy, Bldg. E Kailua Kona, HI 96740 0808- 0r�� EXHIBIT 112" PAGE: 4 C. Kimo Alameda, Ph.D, Mayor William V. Brilhante, Jr. Managing Director West Hawaii Office 74-5044 Ane Keohokalole Hwy Kailua-Kona, Hawai'i 96740 Phone (808) 323-4770 Fax (808) 327-3563 CERTIFIED MAIL 7024 0950 0000 1576 4 772 April 1, 2026 Fortunato Bolo Kainoa Pabre Kimberly Alicia Pabre 73-1415 Kukuna Street Kailua Kona, HI 96740 Email: kpabrekgmail.com Dear Mr. & Mrs. Pabre: County of Hawaii PLANNING DEPARTMENT Subject: Notice of Violation and Order Complaint: Raising Chickens Reference: Continuous Community Complaints Case #: PL-PCV-2025-01100 TMK: 7-3-007:067, O'oma — 1' Kohanaiki, N. Kona, Hawai'i Jeffrey W. Darrow Director Michelle S. Ahn Deputy Director East Hawaii Office 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Phone (808) 961-8288 Fax (808) 961-8742 This letter serves as formal notice that a violation of the Hawaii County Zoning Code has been identified on your property. A Courtesy Letter dated January 14, 2026, previously informed you of a complaint regarding chickens being kept near the property boundary. Planning Department (PD) records indicate that the property is situated within the State Land Use Agricultural District and the County of Hawai'i Family Agricultural FA-2a zoning district. SITE INSPECTION REPORT A site inspection needs to be conducted to observe any violations on the property: 1. Schedule site inspection PD records revealed additional information: 1. Numerous photographs taken disclosing the violation of the property. www.planning.hawaiicoun ov Hawaii County is an Equal Opportunity Provider and Employer EXHIBIT 11211 PAGE: 5 plannin a4tawaiicounty.gov Fortunato Bolo Kainoa Pabre Kimberly Alicia Pabre Notice of Violation and Order Case #: PL-PCV-2025-01100 April 1, 2026 Page 2 NOTICE OF VIOLATION The Planning Director has determined that you are in violation of the following Statutes, Codes and relevant Sections based on the investigation conducted and site inspection report provided by Planning Inspector Tiffany Clark: HCC 1. Chicken enclosures are located too close to property boundary lines. Section 25-5-66. Minimum yards. (b) In the FA district, accessory buildings and enclosures (other than fences under eight feet high) for the shelter and confinement of any livestock shall be at least thirty feet from the side and rear property lines. You are hereby ORDERED to complete the following corrective action(s) at your own expense within 30 days after USPS Postmaster Date Stamp on Certified Mail Receipt. 1. Relocating all chicken enclosures so they are at least 30 feet from all property boundaries. 2. Contact the Planning Department to schedule a site inspection to verify compliance. HCC PENALTY 1. You are being assessed an initial civil fine of $500.00 each of 2 (two) Hawaii County Zoning Code Violation for a total of $1,000.00. 2. If the above stated Order for the HCC Violations are not resolved by the "Deadline Date", a daily civil fine starting at $100.00 per day shall be imposed beginning the day after the deadline date, unless otherwise noted until all the above corrective actions have been completed. • Daily fines will increase according to the Department's daily fine schedule until the violation is corrected. Resolution of this NOVO requires completion of all Corrective Actions and payment in full of all civil fines. See Fines in General Information. 3. Resolution of the violations includes correction of the violation and payment of all civil fines. This Order shall become final 30 days after USPS Postmaster Date Stamp on Certified Mail Receipt. 1. On or before the final date, any person(s) subject to this Order may appeal against the Order. EXHIBIT 112" PAGE: 6 Fortunato Bolo Kainoa Pabre Kimberly Alicia Pabre Notice of Violation and Order Case #: PL-PCV-2025-01100 April 1, 2026 Page 3 The provision of the order issued by the Director under this section shall become final thirty days after receipt of the order unless the director's action is appealed to the board of appeals as provided in this section. 1. Contact our Planning Inspector by letter or e-mail to arrange a date and time on or before the deadline date to have the property inspected to verify compliance with HRS and Chapter 25 Zoning Code. 2. Should the site inspection reveal no HCC violation(s) and after our satisfactory review of the evidence provided, the Planning Director shall CLOSE the complaint file with no further action taken. 3. Should you fail to contact our planning inspector by the deadline date listed in the Order, the civil fines that were assessed shall be imposed on the day after the deadline date. APPEAL Within thirty days after the person's receipt of 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, Hawaii 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. TIME EXTENSION A time extension may be granted based on actions taken toward compliance. See General Information. Failure to comply may result in further enforcement action, including referral to other agencies or legal proceedings. Should you have questions regarding this matter please contact Tiffany Clark at our office at planning@hawaii county. gov. Sincerely, (7ef free W Darlow Jeffr�ej VV. Darrow (Apr 2, 2026 04:10:45 HST) JEFFREY W. DARROW Planning Director THC:thc \\coh141vAPlanning\Staff\Tiffany\Enforcement\Livestock\7-3-007-067 PL-PCV-2025-01100 PabreAPL-PCV-2025-01100 Pabre NOVO Lettendocx The following have been electronically copied. No hard copy to follow. EXHIBIT 112" PAGE: 7 Of Counsel: PORTER KIAKONA KOPPER, A Limited Liability Law Company, LLC H. MAXWELL KOPPER 9601-0 SARA M. NAKAYAMA 12064-0 841 Bishop Street, Suite 1500 Honolulu, HI 96813 E-Mail: mkopperkhawaiile ag l.com snakUama ckhawaiile al�com Attorneys for Appellant O`OMA PLANTATION COMMUNITY ASSOCIATION IN THE BOARD OF APPEALS COUNTY OF HAWAI`I STATE OF HAWAI`I O`OMA PLANTATION COMMUNITY CASE NO.: PL-BOA-2026-000134 ASSOCIATION, Appellant, Vs. JEFFREY DARROW, PLANNING DIRECTOR, COUNTY OF HAWAI`I, Appellee. EXHIBIT "Y' EXHIBIT "Y' 'Now ]FAM Of Counsel: PORTER KIAKONA KOPPER, A Limited Liability Law Company, LLC H. MAXWELL KOPPER 9601-0 SARA M. NAKAYAMA 12064-0 841 Bishop Street, Suite 1500 Honolulu, HI 96813 E-Mail: mkopperkhawaiile ag l.com snakUama ckhawaiile al�com Attorneys for Appellant O`OMA PLANTATION COMMUNITY ASSOCIATION IN THE BOARD OF APPEALS COUNTY OF HAWAI`I STATE OF HAWAI`I O`OMA PLANTATION COMMUNITY CASE NO.: PL-BOA-2026-000134 ASSOCIATION, Appellant, Vs. JEFFREY DARROW, PLANNING DIRECTOR, COUNTY OF HAWAI`I, Appellee. EXHIBIT "4" EXHIBIT "4" m .1 "111 1 — mgk IN THE BOARD OF APPEALS COUNTY OF HAWAI`I STATE OF HAWAI`I O`OMA PLANTATION COMMUNITY CASE NO.: PL-BOA-2026-000134 ASSOCIATION, CERTIFICATE OF SERVICE Appellant, vs. JEFFREY DARROW, PLANNING DIRECTOR, COUNTY OF HAWAI`I, Appellee. Hearing: Date: August 14, 2026 Time: 9:30 a.m. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of Appellant's DECLARATION OF COUNSEL; EXHIBITS "I" — "4"; was duly served on 07/17/2026, to the following parties in the manner indicated below: O`OMA PLANTATION COMMUNITY ASSOCIATION 73-1348 Kukuna Street Kailua-Kona, HI 96740 E-mail: Erik@Tremain-Design.com Appellant FORTUNATO & KIMBERLY PABRE 73-1415 Kukuna Street Kailua-Kona, HI 96740 E-mail: kpabre(&.gmail.com Kainoap7kgmail.com Landowner HAND - DELIVERED U.S. MAIL E-MAIL (X) (X) JEAN CAMPBELL, ESQ. O O (X) Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, HI 96720 E-mail: jeank.campbell(c�r�,hawaiicounty_gov Attorney for Appellee SLYVIA WAN, ESQ. O O (X) Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, HI 96720 E-mail: slyvia.wan a,hawaiicounty.gov Attorney for Board of Appeals DATED: Honolulu, Hawaii, July 17, 2026. ls/ Sara M. Nakayama H. MAXWELL KOPPER SARA M. NAKAYAMA Attorneys for Appellant O`OMA PLANTATION COMMUNITY ASSOCIATION 2