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Home My WebLink AboutCOH Dept of Public Works Record on Appeal.pdfRENEE N.C. SCHOEN 5936 Corporation Counsel JEAN K. CAMPBELL 7424 SINCLAIR SALAS-FERGUSON 9398 Deputies Corporation Counsel Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 Telephone: (808) 961-8251 Facsimile: (808) 961-8622 E-mail: jeank.campbellkhawaiicounty.gov Attorneys for Appellee, DEPARTMENT OF PUBLIC WORKS, COUNTY OF HAWAI`I ERIKA EMPEY, BEFORE THE BOARD OF APPEALS COUNTY OF HAWAPI STATE OF HAWAI`I Appellant, CASE NO.: PL-BOA-2026-0000139 vs. RECORD ON APPEAL; DEPARTMENT OF PUBLIC WORKS, CERTIFICATE OF SERVICE COUNTY OF HAWAI`I, Appellee. RECORD ON APPEAL Appellee DEPARTMENT OF PUBLIC WORKS, COUNTY OF HAWAI'I ("Public Works"), by and through its attorneys, Jean K. Campbell and Sinclair Salas-Ferguson, each Deputy Corporation Counsel, hereby submits Public Works' record on appeal for the above - captioned matter. A. RECORD ON APPEAL Pursuant to Board of Appeals Rules 3-13(h) and 1-3(21), the following documents are directly related to the decision that is being appealed: 1. Processed Complaint (COMPLAINT DPW26-156) 2. Investigation and Report Form (COMPLETED INVESTIGATION REPORT FORM) 3. Notice of Violation Letter Dated May 19, 2026 (NOV LETTER 1) 4. Notice of Violation Letter Dated August 13, 2026 (NOV LETTER 2) Dated: Hilo, Hawai'i, October 7, 2026. WESLEY R. SEGAWA, Director, Department of Public Works, County of Hawaii, Appellee By: /s/Jean K Campbell JEAN K. CAMPBELL SINCLAIR SALAS-FERGUSON Deputies Corporation Counsel Attorneys for Public Work 2 BEFORE THE BOARD OF APPEALS COUNTY OF HAWAI`I STATE OF HAWAI`I ERIKA EMPEY, CASE NO.: PL-BOA-2026-0000139 Appellant, vs. CERTIFICATE OF SERVICE DEPARTMENT OF PUBLIC WORKS, COUNTY OF HAWAI`I, Appellee. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served upon the parties below by electronic mail service on October 7, 2026: 1. ERIKA EMPEY, Appellant Erikacempey@yahoo.com P.O. Box 1172 Captain Cook, HI 96704 2. Sylvia Wan, Deputy Corporation Counsel SylviaA.Wan@hawaiicounty.gov Attorney for the Board of Appeals Dated: Hilo, Hawaii, October 7, 2026. WESLEY R. SEGAWA, Director, Department of Public Works, County of Hawaii, Appellee By: /s/Jean K Campbell JEAN K. CAMPBELL SINCLAIR SALAS-FERGUSON Deputies Corporation Counsel Attorneys for Public Works DEPARTMENT OF PUBLIC WORKS INFORMATION AND COMPLAINT REQUEST FOR INVESTIGATION AND SERVICE REPORT Name: Stan Kaneo Date: 4/13/26 Phone: 808-938-3178 Email:a.11�hotmaiillecom Bus: 79-7417 Hawaii Belt Road. Kealakekua, HI Address: 96750 Cell: TMK of Complaint: District: KONA Location of Complaint: 79-7421 Hawaii Belt Road. Received by: Ashlee Mendonca — via Website 9:57 pm. 4/8/26 Name Time (am/pm) Date I am the downstream neighbor of this property owner. In the recent March Kona low storm due to the lack of her ditch maintenance flood waters eroded an African tulip tree near the boundary rock wall and diverted water into the adjacent neighbor's property about 10 yards above my boundary which in turn caused my orchard to flood. She has only lived on the property for about 2 years and claims that is the natural water flow. We have no ditch on my side of the property and when I attempted to rebuild a temporary rock wall to redirect the water back into her ditch because of the imminent flooding danger of the next Kona low storm she breached the wall to allow water to flow away from her property and into our property again potentially causing another flooding issue. Referred to: ENG - Kona Referred by FOLLOW-UP: RESULTS: Ashlee Mendonca Date: 4/13/26 Date: Website Link:.it4x.s;_//.,v.,v.,y.,_ .ow.hawaiicounty gov/divisions/adr�inistr anon/information-complaint.-fora. E-mail: pu he_works{u hawaiicounty'.::ggv DPW ROA: DOC 1- PAGE 1 OF 1 Department of Public Works ENGINEERING DIVISION INVESTIGATION AND REPORT FORM IRF NO: 26-011 TMK: 7-9-009:040 ❑ Grubbing ❑ Grading ❑ Stockpiling 0 Drainage ❑ Road/ROW ❑ Trees Other Location Kona Complainant: Stan Kaneo By: Website Date: 4/13/2026 Address: konanalu(a�hotmail.com Bus: Complaint/Problem: Refer to DPW No. 26-156 Res: 808-938-3178 Investigation/Remarks (attach additional sheets, sketches, photos, etc. as necessary): NO VIOLATION VIOLATION Over 1 acre grubbed Over 100 CY cut/fill ' Over 5ft cut/fill Altering a drainage Over 500 CY stockpiled Grading in A, AE, AH, V, & VE Encroaching/obstructing ROW Signs in ROW Commerical use of ROVF_ Intersection sight distance Unpermitted driveway Treestall enough to reach house/watertank OTHER VIOLATION/ADDL INFO: Upon initial investigation, it appeared that the "Property of Concern" had an African Tulip Tree that was eroded due to the "Kona Low" storm which caused significant erosion causing flood waters from the existing drainage ditch to be diverted to Mr.Kaneo's property. The Owner for TMK: 79-009-040 refuses to take responsibility to maintain the natural water flow. Since nothing will be done on their side, flooding will become inevitable at some point. This would be considered a Violation of Hawaii County Code Chapter 10 Section 10-25 Recommendation: property Owner should take responsibility to remove fill material deposited from Storm Event(s) in order to restore the natural drainage pattern. Action(s) taken (indicate date and what was done; attach copies of supporting documentation): 4/10/26 Initial Investigation Photos 4/10/26 Response to Complainant 4/14/26 Investigation Completed Investigation/Engineer: Brenton Calderon Date: 4/14/26 County of Hawaii is an Equal Opportunity Provider and Employer DPW ROA: DOC 2 - PAGE 1 OF 6 y.0 y � 1 Tom`_. P• a� �.A\ . '4 1 �9r Q I( r f i , A l �1 ,p . / �+,� . ,• sal 1 \' �l ! � l • i ��.. .. ' �a....� .r. OPW ROA: DOG 2 - PAGE 2 Q 0j, "Poll mle-"�, lll� lie LIPW ROA: DOG 2 - PAGE C Photo #3: South-West portion of Complainant's Property with Drainage Path in view (flooding neighbor below) County of Hawaii is an Equal Opportunity Provider and Employer DPW ROA: DOC 2 - PAGE 4 OF 6 Photo #4: South-West portion of Complainant's Property facing drainage path with view of erosion debris County of Hawaii is an Equal Opportunity Provider and Employer DPW ROA: DOC 2 - PAGE 5 OF 6 C. Kimo Alameda, Ph.D. Varor• William V. Brilhante, Jr. Managing Direefor May 19, 2026 County of Hawaii DEPARTMENT OF PUBLIC WORKS Anpuni Center 101 11auahi Street, Suite 7 • I lilo, llawai'i 96720.4224 (808) 961-8321 • Fax (908) 961-8630 public Nwrksahawakounty.gov CERTIFIED MAIL W/ RESTRICTED DELIVERY Erika Empey P.O. BOX 1172 Captain Cook, HI 96704-1172 SUBJECT: STOCKPILING/DRAINAGE Tax Map Key: (3) 7-9-009:040 Wesley R. Segawa, P.E. Director Neil A. Azevedo Depetr Arector Our attention has been called to an obstruction of a natural drainage pattern on your property that was caused by a recent storm. The obstructed drainage way on the subject property is in violation of the Hawaii County Code. Specifically, but not limited to, Section 10-3(b)(7) which states that fill should not alter the general and localized drainage pattern with respect to abutting properties. A copy of those sections is provided, and a complete copy of the code can be found at http://www.hawaiicounty.gov/lb-countycode/. As the property owner, you are required to remove the obstruction and all the debris from the drainage way. The obstruction is causing the natural flow to redirect to a neighboring property and may cause further damage in future events. Pursuant to Hawaii County Code Section 5-11-3, you may appeal this denial to the County of Hawaii Board of Appeals. The appeal must be received by the Board of Appeals within thirty (30) days of the Director's decision. If you have any questions, please contact Brad Uemoto of the Engineering Division at (808) 323-4859 or at brad. uemoto(@hawaiicounty.aov. 46: 01 0 � ALAN K. THOMPSON, P.E. Division Chief Engineering Division BU Enclosures Page l of 1 C'uunn of I laNcai't is an F(Val Opportunity Provider and Employer DPW ROA: DOC 3 - PAGE 1 OF 3 °' ��. (sy"t>..�'12'A.,, . r�.ky,>{ t. C;,L�,.,,.r 4,.. d� T � ^i., r�,..,�+ �:7'�" �I �,°{�•"i :I� j ° ,, Lyy 1�� i\1 `�\I l� F''� ' ,•��` .�yµ�?r a,rf ` y.f r„' w1{eeWggy��f :F: y�. 1 � '; � "a •`� �'F 1 �tK� t� i� i4 � �I�,� J cRlr b �i, , Q (��1 a 7 r, a �' i � '� J°� �^t �.�_ �,��1p1 1v r � � �,.� w� • `�,��'•}� �, � p�' r° ..i r � �.. 1k� a F t i , � .Y,. � t � + � t� '�C`✓r �d �j' � � � r! �' n i `"' �"' �� t � � "d4`� ' py ;,i L ei.. .�u.-� drh� ' -� UN_Kr��.Sr. �'Y �d:� +a:� �'�' •_ I(R+`�r ., .�+..��` .,x,n+,- IMP 11 1 kai K i ,, •fig etyr ,!. .'r4¢ het: d T rA SV f R^ .�,I W „�; + � Y r _' • ,,/ �. � '��-, r ti I t U.E �"�Y:rt ri ir' k E _ • t �.� d. i, •I 1� .fir j7W"�"R' . T C" :f itu` t - �.lil�,'�°i FSy lfyk � >l1W�l��r'_`�;1+.N �ji�., t�; (( r�� y. .�: � .,r+j � .•t lot 7. ,+� \ l°J,y� v ri �L�' f F 1 e\. •*, t `-rS.,.y�, C j"` .. �, '' . AL Sd' .n rxl ;�{f 3t i1"f s Photo 4l: North-East portion of Property, Rock Wall (Property Line / Boundary) damaged County of Hawaii is an Equal Opportunity Provider and Employer DPW ROA: DOC 3 - PAGE 2 OF 3 •�g Photo 1 3: South-West portion of Complainant's Property with Drainage Path in view (flooding neighbor below) County of Hawaii is an Equal Opportunity Provider and Employer DPW ROA: DOC3- PAGE 3OF3 C. Kimo Alameda, Ph.D. hfa},or William V. Brilhante,Jr. tlunagi g Director August 13, 2026 County of Hawai `i DEPARTMENT OF PUBLIC WORKS Aupuni Center ]O1 Pauahi Street, Suite 7 Hilo, Hawaii 96720-4224 (808) 961-8321 • Fax (808) 961-8630 public works Whawaiicounty. gov CERTIFIED MAIL W/ RESTRICTED DELIVERY Erika Empey P.O. BOX 1172 Captain Cook, HI 96704-1172 SUBJECT: DRAINAGE Tax Map Key: (3) 7-9-009:040 Wesley R. Segawa, P.E. Director Neil A. Azevedo Deputy Director After rescinding the original Notice of Violation (5119/2026) and consulting with our floodplain engineer, we are re -issuing a NOV. Considering the situation where a tree had fallen over and eroded a ditch embankment, you will be required to rebuild the embankment to its original form. The altered drainage way on the subject property is in violation of the Hawaii County Code. Specifically, but not limited to Section 10-3(b)(6) which states that excavation cannot after the general and localized drainage pattern with respect to abutting properties. A copy of those sections is provided, and a complete copy of the code can be found at http://www.hawaiicounty.gov/lb-countycode/. As the property owner, you are required to remove the obstruction and all the debris from the drainage way. The obstruction is causing the natural flow to redirect to a neighboring property and may cause further damage in future events. Pursuant to Hawaii County Code Section 5-11-3, you may appeal this denial to the County of Hawai'i Board of Appeals. The appeal must be received by the Board of Appeals within thirty (30) days of the Director's decision. If you have any questions, please contact Brad Uemoto of the Engineering Division at (808) 323-4859 or at brad. uemoto@hawaiicountygov. fOV/ALAN K. THOMPSON, P.E. Division Chief Engineering Division BU Enclosures Page 1 of 1 County of Hawaii is an Equal Opportunity Provider and Employer DPW ROA: DOC 4 - PAGE 1 OF 1