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HomeMy WebLinkAbout2026-09-14 PL-BOA-2026-000139 Erika Empey Ack LetterCounty of Hawaii BOARD OF APPEALS Aupuni Center - 101 Pauahi Street, Suite 3 - Hilo, Hawai'i 96720 (808) 961-8288 - Fax (808) 961-8742 September 14, 2026 Erika Empey P.O. Box 1172 Captain Cook, HI 96704 Dear Erika Empey: Request: Appeal of Decision by the Director of Public Works — August 13, 2026 Notice of Violation Regarding Drainage Reference: PL-BOA-2026-000139 Appellant: Erika Empey Landowner: Erika Empey Location: 79-7421 Hawaii TMK: (3) 7-9-009:040 Belt Road, Kealakekua, HI 96750 This is to acknowledge receipt of the above -referenced petition received on September 9, 2026. According to the Board of Appeals Rules of Practice and Procedure Rule 8-11(a), the Board shall conduct a hearing on the petition within one hundred twenty (120) days from the date the petition is properly filed. The Board shall then act on the petition within a period of ninety (90) days after the close of the hearing. Your petition will be scheduled for the Board's hearing on Friday, December 11, 2026, at 9:30 a.m. Please note that the parties may seek a settlement prior to the scheduled hearing. In such case, the parties may submit a request to continue the hearing to the Board of Appeals staff. Board of Appeals Rules of Practice and Procedure section 8-11(d) requires notification of your petition to all property owners within 500 feet of the affected property. You must notify the surrounding properties not less than twenty (20) days prior to the hearing date, and proof of your notification shall be filed with the Board prior to the date of the hearing. Please review the Board's Rule 3-13(g) regarding submission of exhibits to the Board. As an Appellant, additional exhibits shall be submitted no later than thirty (30) days Hawaii County is an Equal Opportunity Provider and Employer Erika Empey Page 2 of 2 September 14, 2026 following the filing of a complete appeal. Your petition to appeal was filed on September 9, 2026. Further, responding parties have ten (10) days after filings to provide exhibits in response. Please note that all correspondence sent to the Board of Appeals should also be sent to all parties, which include the landowners, appellant, and the Director (appellee). Rules 2-6 and 8-8 direct you to the requirements regarding service of documents to all required parties. We recommend that you review these rules to confirm that you have fulfilled their requirements. The Board of Appeal's Rules of Practice and Procedure are available to view online at: https://records.hawaiicounty.gov/weblink/1 /doc/34351 /Pagel .aspx. Should you have any questions, please feel free to contact the staff to the Board at boardofappeals(a)hawaiicounty.gov. Sincerely, ae��711&IA4d'_&,ZI Cathy Lewis, Chair Board of Appeals Enclosure cc: Board of Appeals Director of Department of Public Works BOA Corporation Counsel — Sylvia Wan, Esq. Department Corporation Counsel — Sinclair Salas Ferguson, Esq. BJM:sm V:\PL\PL\planning\public\BOA\Applications Letters\2026\2026-09-14 PL-BOA-2026-000139 Ericka Empey Ack Ltr.docx