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Thank you for taking the time to answer these questions.
1. In your experience, how prevalent is the issue of squatting and adverse possession?
we are newer to puna (2 years) so our experience is limited. however we understand this
is an unaddressed situation reported to us by neighbors.
2. In what communities and districts do squatting and adverse possession appear most
prominent?
too new to comment
3. When you receive notice or a complaint about these situations, what is your normal
course of action?
n/a
4. What kinds of complications have arisen in the past that have prevented a successful
resolution of the situation?
when we lived in eureka CA for 22 years, there was a "Nuisance Abatement Ordinance"
developed that help make property owners responsible for knowing and caring for their
property.
this means that absentee owners are required to take more of an interest in their property.
this also relates to not only squatters, but people who are abusing their neighborhood with
drugs, theft, repeated offenders not getting jail time, etc.
5. For those situations that have been successfully resolved, please describe what happened.
in eureka, the "Nuisance Abatement Ordinance" (which you can probably get from the
City offices) was established to put TEETH into violations -- those made by tenants, and
forced absentee landlords to do a better job selecting their tenants. the city, after
documenting violations such as drug use, squatting, nuisance from dogs, etc., would
contact the owners. if the owner did not act responsibly to correct the matter by
terminating the rental agreement for violations, the city had the power (legally under the
terms of the ordinance, to make the landlord leave the property vacant for a year --
thereby they would lose rent money.
6. What happens when you contact or try to contact the owner of record?
the owner rarely believes the neighbors -- but we did good documentation of the
nuisances including drug dealing, keeping track of cars coming and going with license
plates, etc. it took time, and the cooperation of the drug task force within the PD, and
neighborhood watch group, but the PD dud a raid on the house, arrested the offenders,
and the property had to sit vacant for a year.
7. What solutions would you recommend?
we follow the criminals in this county, and have repeated heard that even severe criminals
are repeatedly turned loose on the streets again and again. we know of several in our
community, and people who have lived her longer than us report that the PD is really soft
on anyone who is "related" to officers...even if there is very good documentation for theft,
drugs, etc. if there is no PRICE to pay for criminal activity, behaviors will not change, in
fact it encourages more criminal behavior.
8. Are there any other comments you would like to make?
Example: the person who broke into Ali'i Ice and did so much damage not only to
that company, but to many residents who were unable to get ice during Iselle. their
was SUPPOSED to be "heightened" punishment for those criminals during the
"State of Emergency", but as we understand this guy got off really easy. WHY?
again, if there is no accountability, criminal behavior will continue and escalate.
No, these comments don't exclusively address "squatters", but do show a systemic
lack of accountability by law enforcement and the courts to hold criminals feet to
the fire -- with adequate punishment for crimes.