HomeMy WebLinkAbout2026-10-07 Appellant's Objections to the Record on Appeal (PL-BOA-2026-000139 EMPEY)From:
Erika Empev
To:
Lactaoen. Kawehilani S
Cc:
Plannina Board of Appeals; Seaawa. Wesley; Holzman-Escareno. Juliana; Wan, Sylvia A; Agustin, Noah;
Campbell, Jean K
Subject:
Re: Record on Appeals PL-BOA-2026-000139 I ERIKA EMPEY
Date:
Wednesday, October 7, 2026 4:23:18 PM
Aloha Chair Lewis and Members of the Board of Appeals,
I am writing regarding the Record on Appeal (ROA) submitted by the
Department of Public Works on October 7, 2026, in Case No. PL-BOA-
2026-000139.
After reviewing the 14-page submission, I respectfully request clarification
regarding the completeness of the administrative record and, where
appropriate, supplementation with documents directly related to the
Department's decision.
The ROA identifies four categories of documents: the original complaint,
an investigation report with photographs, the May 19, 2026 Notice of
Violation, and the August 13, 2026 Notice of Violation.
However, several documents and determinations referenced in the County's
own correspondence and enforcement history do not appear in the
submitted record.
1. Rescission of the Original Notice of Violation
The August 13 NOV expressly acknowledges that the original May 19
NOV was rescinded.
On June 3, 2026, Brad Uemoto informed me in writing that, following
further inspection by himself and Inspector Brenton Calderon, Public
Works would rescind the original violation.
I respectfully request clarification as to why this correspondence, the
findings of the additional inspection, and any records documenting the
basis for rescission were not included in the ROA.
2. Floodplain Engineer Consultation
The August 13 NOV states that Public Works consulted with its floodplain
engineer before reissuing the violation.
However, the ROA does not contain a separate engineering report,
memorandum, calculation, or other documentation identifying the findings
of that consultation.
I respectfully request identification of the engineer consulted, the date and
nature of the consultation, and any associated reports, notes,
correspondence, calculations, or other records considered in reaching the
decision.
If the consultation was entirely verbal and no contemporaneous
documentation exists, I request that the Department clarify that fact.
3. Evidence Establishing the Original Embankment Configuration
The August 13 NOV requires reconstruction of an embankment to its
original form.
The submitted record does not appear to contain surveys, historical
photographs, engineering drawings, elevation measurements, or other
documentation establishing the original dimensions or configuration of that
embankment.
I respectfully request identification of the evidence relied upon to
determine the original embankment's location, height, dimensions, and
configuration.
4. Basis for the Alleged Code Violation
The investigation report identifies HCC § 10-25(c), the May 19 NOV cites
§10-3(b)(7), and the August 13 NOV cites §10-3(b)(6).
These provisions address different matters, and §10-3(b) is located within
the exclusions section of Chapter 10.
I respectfully request clarification regarding the specific operative
provision allegedly violated, the conduct attributed to me, and the factual
evidence establishing that conduct.
In particular, the investigation report attributes the erosion and altered
drainage conditions to the Kona Low storm. The submitted record does not
appear to establish that I performed excavation, grading, or filling that
caused the drainage alteration.
5. Inspection Records and Supporting Evidence
I request clarification regarding whether additional inspection reports,
photographs, videos, field notes, internal correspondence, or engineering
assessments were created or considered in connection with the original
NOV, its rescission, or the subsequent NOV.
If such materials were part of the Director's decision -making record, I
respectfully request that they be included in a supplemental ROA.
6. Completeness of the Administrative Record
Board of Appeals Rule 3-13(h) addresses submission of the Director's
record or file in appeals of Director decisions.
Accordingly, I respectfully request that Public Works clarify whether the
October 7 submission represents the complete departmental record directly
related to the decision under appeal, including the additional investigation,
rescission, and engineering consultation expressly referenced in the
enforcement history.
If relevant records exist but were not included, I request that the Board
direct appropriate supplementation.
If the Department maintains that no additional responsive records exist or
were considered, I request that this position be clarified in writing.
My purpose in making this request is to ensure that the Board has a
complete and accurate record of the factual and legal basis for the decision
under appeal and that I have a fair opportunity to review and respond to the
evidence relied upon.
I respectfully request that any supplemental materials be provided to me
with sufficient time for review before the Board considers the merits of the
appeal.
Thank you for your consideration.
Aloha,
Erika Empey
Appellant
Case No. PL-BOA-2026-000139
TMK (3) 7-9-009:040
Sent from my iPhone
On Oct 7, 2026, at 4:07 PM, Lactaoen, Kawehilani S
<KawehiIaniS.Lactaoen@hawaiicounty. gov> wrote:
Aloha,
Please find attached for further processing, County of Hawai' i, Department of
Public Works Record on Appeal. Should you have any question or concerns
please contact our office at 808-961-8251.
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<COH Dept of Public Works Record on Appeal.pdf>