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,
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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.
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