Punatalk
Punatalk
Home | Profile | Register | Active Topics | Members | Search | FAQ | Donate
Username:
Password:
Save Password
Forgot your Password?

 All Forums
 Punaweb Forums
 Punatalk
 heavy machinery in ag zone
 New Topic  Reply to Topic
 Printer Friendly

Please note: All postings, business listings and advertisements are made available here, without charge, as a public service by Punaweb. No recommendations or endorsements of any specific posting, business listing or advertisement are made or implied by Punaweb.

Author Topic  

kalianna
Da Kine

374 Posts

Posted - 08/10/2019 :  13:06:14  Show Profile  Reply with Quote
The neighbor behind us in HPP has a trucking and heavy machinery business as well as a rock farm where he digs up truckloads of rocks, dumps them into his trucks and sells them. There is no farming on the property. I know he needs a special use permit for the rock mining but despite having read the zoning statutes I'm still unclear as to the legality of the business. He has a 3 acre property but parks, revs and idles his trucks right at our fence line. He just erected a new open-sided workshop right at the setback line by our fence. Today we had metal grinding. Yesterday it was electric saws. Etc.

We have talked to him, written him respectful letters to do some kind of noise abatement and tried to engage him in mediation all to no avail. I have complaints registered with the planning department and the dept. of healthbut of course nothing has happened with that. The situation has become intolerable.

So three questions:

1) Is what he is doing legal in an ag zone?
2) Does anyone have any experience with filing a private nuisance lawsuit on this island?
3) Can anyone recommend a real estate/civil lawsuit lawyer who might be able to advise us?

HereOnThePrimalEdge
Punatic

South Sandwich Islands
8315 Posts

Posted - 08/10/2019 :  13:25:12  Show Profile  Reply with Quote
1) Is what he is doing legal in an ag zone?

Iím no expert in real estate zoning, but from your description your neighbor seems to be operating an industrial / commercial business, not ag. Thatís allowed (Curleyís Auto Repair, Wallyís, etc) but only with a Special Use Permit. When did he start his business? It may also be grandfathered in if itís before the Special Use Permits were required.

In addition to the real estate office, you might ask a realtor about zoning and restrictions in HPP. You can look up whether he already has any permits on the Hawaii County Real Estate Tax page:
http://www.hawaiipropertytax.com/search.html

If you havenít used the website before let me know and I can walk you through it so you can find his property.
Go to Top of Page

leilanidude
Punatic

USA
3645 Posts

Posted - 08/10/2019 :  13:58:20  Show Profile  Reply with Quote
as well as a rock farm where he digs up truckloads of rocks, dumps them into his trucks and sells them.
--------------
That sounds like a quarry - and does not fit into ag land use.
Furthermore, since the state owns all mineral rights - has he been paying the tax on the mined rocks? That may be the "gotcha".

Edited by - leilanidude on 08/10/2019 14:03:20
Go to Top of Page

terracore
Punatic

5854 Posts

Posted - 08/10/2019 :  14:18:38  Show Profile  Reply with Quote
There is an illegal "chop shop" on Auli'i with hundreds of cars leaking various fluids into the ground (has all the markings of a future EPA Superfund cleanup site) and the neighbors have called and complained to every local, state, and federal agency known to mankind. Not just for the environmental disaster but all the noise/nuisance, and illegal activity. Apparently it is a bank-owned property and the operation is run by squatters. People have complained to the bank as well. This is obviously not a legal, nor AG operation, but no agency will act on it.
Go to Top of Page

BillyB
Da Kine

242 Posts

Posted - 08/10/2019 :  14:24:09  Show Profile  Reply with Quote
If it's a quarry then:
The Mine Safety and Health Administration is an agency of the United States Department of Labor which administers the provisions of the Federal Mine Safety and Health Act of 1977 to enforce compliance.

Glover, YS rock, Puna rock, Sanfords, all are regulated by this agency. https://www.msha.gov/
Go to Top of Page

kalianna
Da Kine

374 Posts

Posted - 08/10/2019 :  14:46:16  Show Profile  Reply with Quote
HOTPE -- thanks for the permit check info. I've used the site before but didn't know you could look up permits. Unfortunately, the "search records" tab is not working at the moment. I'm shocked. "-) Will try again later.

The discouraging replies are pretty much what I expected. So if anyone knows any way to proceed with legal action and can steer us somewhere for civil lawsuit advice that would be great. There is a HI law (Hawaii Revised Statutes, Chapter 712 Part V Nuisance Abatement) that prohibits people being deprived of "the quiet enjoyment of their home". That's one approach. The other is our inability to sell our house (which we really DON"T want to do) due to having to disclose this neighbor's perpetual noise. But would love to hear from anyone who might be able to recommend a lawyer. If not, yes, I'll contact a real estate agent.

Mahalo to all for your responses.
Go to Top of Page

kalakoa
Motormouth

12431 Posts

Posted - 08/10/2019 :  14:50:20  Show Profile  Reply with Quote
See HCC chapter 10: erosion and sedementation control.

No grading/grubbing work without a permit, there are exceptions but likely none of them apply here. No stockpiling without a stockpiling permit. Grading more than 15000 square feet requires contour map prepared by engineer/surveyor. Cut or fill greater than 15 feet in height requires a soils report. Additional requirements apply when close to a property line. Payment of fees required for permit. Only available where rule of law applies.

a new open-sided workshop

Larger than 600 square feet?

Go to Top of Page

kalianna
Da Kine

374 Posts

Posted - 08/10/2019 :  14:58:03  Show Profile  Reply with Quote
Under 600 sq. ft. I'm aware of size limits. And it's just one of those carport covers (hence the noise) which I know is legal. County has said that the rock farming is also legal if he has a special use permit and doesn't leave holes in the ground.
Go to Top of Page

kalakoa
Motormouth

12431 Posts

Posted - 08/10/2019 :  15:42:49  Show Profile  Reply with Quote
Welcome to Ag zoning. Good luck with the CC&Rs. Too bad about the rule of law...
Go to Top of Page

leilanidude
Punatic

USA
3645 Posts

Posted - 08/10/2019 :  15:52:27  Show Profile  Reply with Quote
County has said that the rock farming is also legal if he has a special use permit and doesn't leave holes in the ground.
---------------
There you go. "Rock farming" ??? Quarry...
Go to Top of Page

kalakoa
Motormouth

12431 Posts

Posted - 08/10/2019 :  15:57:33  Show Profile  Reply with Quote
the rock farming is also legal if he has a special use permit

"If" there's a permit? County should know, it's their job.

SUP is another flaw: one-off "spot zoning" regardless of surrounding uses.

Same old, same old.
Go to Top of Page

knieft
Punatic

1011 Posts

Posted - 08/10/2019 :  16:09:12  Show Profile  Visit knieft's Homepage  Reply with Quote
quote:
Originally posted by kalianna


So three questions:

1) Is what he is doing legal in an ag zone?
2) Does anyone have any experience with filing a private nuisance lawsuit on this island?
3) Can anyone recommend a real estate/civil lawsuit lawyer who might be able to advise us?




Does it really matter! Put up a flag and youíre good to go....

Cheers,
Kirt
Go to Top of Page

kalianna
Da Kine

374 Posts

Posted - 08/10/2019 :  22:49:26  Show Profile  Reply with Quote
leilanidude, I also referred to the process as a quarry and was corrected by the county planning dept. "Quarry" means big hole in the ground. Rock farming was as close to an apt description as I could come up with.

And Kirt, your response was neither helpful nor appropriate here.

Go to Top of Page
  Topic  
 New Topic  Reply to Topic
 Printer Friendly
Jump To:
Punatalk © 2003 to 2014 Punaweb Go To Top Of Page
Powered By: Snitz Forums 2000 Version 3.4.06