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Technically you are correct on the no occupancy until final, on new construction.
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I had forgot about this. When added to the nasty way in we she told the inspectors to leave, it makes more sense now.
There is a house on Seaview in Nanawale that has never been finaled and the owner/builders have lived in a shed next to it for many years. I don't think that living in the shed is technically correct either, but they did have a porta-potty on site.
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mimosa - no my dogs do not bark all day! no nobody has ever called the humane society, and if they did it would simply be another case of harassment by the same person, as my dogs are disgustingly healthy, happy and well looked after! and furthermore i get on just fine with all my neighbours BECAUSE I AM A NICE PERSON!! my neighbors all look out for each other.
punatic - i have no idea what an 'open permit means' in terms of occupancy, i am completely unsure of my rights. i was caught off guard, and in the middle of getting ready to go out. and why not just make an appointment? do you allow police to search your property without a warrant? maybe, but not if you don't even understand why they are there. and i DID allow them in. (eventually) just to make them go away and stop my dogs barking. the plumber started LOOKING for things to complain about! it wasn't enough to check that i didn't have running sewerage.
so update - Warren Lee did in fact call me back, but dildnt really give me any information other than to say that sometimes, when they can, they pair up. he kept avoiding direct questions about them showing up in triplicate. i asked for a copy of the complaint, and a copy of their standard operational procedures. he said he would 'gather' that, and leave it in the office. i said i would also drop off a copy of this complaint in writing. the papers were not ready when i went, but in fairness neither was my 'official' letter of complaint (but will do over the weekend). they then insisted that i put my requests in writing. so i scribbled a request for a copy of the complaint against me, a copy of their standard operational procedures, and a copy of any complaint made against any member of the current Board. i need to re-write that request with tmk #s. i repeatedly tried to find someone who would actually talk to me and eventually ended up with david yamamoto who is the division chief. he was super cautious and pretty much refused to answer anything that was not in writing. when i asked directly what he thought of a situation where three men can turn up and intimidate a woman on her own into allowing entry, he said that this was not the version he had heard. i am not saying the three men behaved in such a way that it was intimidating, it was the situation that was intimidating x three. if their 'story' dramatically differs from mine, and i don't see how it can, what then? i did call danny palaka and he has made a phone appointment with me on monday. i don't know if or how he can help. i have yet to hear from the attorney. the issue here is not the permits laws, but the ones covering harassment.
#10048;
#10048;
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I've dealt with these issues in the past as a developer/builder and was informed by our legal staff something along the lines of the following.
Entering a house for inspection without consent or a warrant is a violation of the 4th amendment, period. If the permits had expired, so to had any former inferred consents to inspect the premises (typically such inspections are allowed only by request and not surprise arrival (surprise non agreed to forced inspections are more typical of fire departments acting outside the boundaries of the law in new construction projects (being bored and becoming lookie Lous for self gratification))). After ordering them to leave the first time, they should have left.
Any law that is expressed to grant private property inspection powers by reason of suspicion and or without warrant or consent are in violation of the 4th amendment short of "blood trail" emergency circumstances (for police only). Also, any laws written that require a citizen to relinquish these rights in order to gain permits are also in violation of the 4th amendment.
Can an inspector inspect your house because a neighbor called to inform them you were in violation? Not without your consent or a court ordered warrant. Any law that undermines these prerequisites is invalid. If the building inspector threatens to return with the police to gain entry, they are violating your 4th amendment rights. A court issued warrant must be established and should the inspector return with the police and no warrant, you should inform the police that the inspector needs a court issued inspection warrant and that your 4th amendment right cannot be terminated legislatively. If they insist on violating that right, then your rights have been violated and you've the right to file suit against the offending individuals personally, the agencies involved and responsible municipality that legislated the particular rights violation.
ETA... The above being said, pick your battles wisely.
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my issue is not with the three inspectors, who were 'polite' and stayed outside the line of my driveway until technically they were granted permission. they simply didn't leave!! or offer me any sort of explanation other than 'a complaint was made'. none of them showed ID's and i was too confused to ask for them - which is why government officials are supposed to show them automatically. the rush of adrenalin when someone is put into a state of confusion and alarm alters the way one thinks and reacts. BTW, when i initially went outside it was because i thought there was a problem and i asked if they were ok or needed help. at no point was i directly rude to them, although i was quite obviously agitated. i do not even really know what my 'battle' is, only that this is ridiculous. that one person can cause untold problems for another out of spite. that in order to be on the board of HACA you now have to be child free, animal free, and fully permitted. i am not sure such a person exists. if my child had been younger this would have been CPS. 'mimosa' made some crack about my doggies, so i will now in fact check with the humane society to see if they have received complaints about me. (or any other member of this board).
#10048;
#10048;
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Chapter 17: Plumbing. (emphasis mine)
Section 17-11.
Right of entry.
Upon presentation of proper credentials, the administrative authority or such person's assistants may enter at reasonable times any building, or premises in the County to perform any duty imposed by this code, provided that such entry shall be made in such a manner as to cause the least possible inconvenience to the persons in possession. An order of a court authorizing such entry shall be obtained in the event such entry is denied or resisted.
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To whom it may concern - Along bayfront are many shops as we know already.During times of high tide several shops from abundant life to the tee shirt printing outlet on that corner,are indeed inundated with up to a foot of water.
Abundant life has now purchased an entire building next to down town foodland,as the current location becomes flooded when the tides are high or with big surf or a combo of both.
To Birchl - While we feel for you and what you are currently dealing with ,we all go trough this on our way to get the final permit.
We do not feel you are being harassed specifically .This happens quite often.The inspectors are just doing their jobs.It may feel as though they have singled you out specifically but in all fairness this is more common than not.I am sure the inpectors did not know you were a student nor had a very important class project with awards at UH Hilo.Maybe next time,you can call them and have them inspect on your way to your final . Always better to err on the side of safety - than to play it by ear.
As for our own final on the permit,we are modifying the plans to open bay's and not with the roll up garage doors.
Once the final is approved we will have a beautiful 3 bay garage and this will be our final building project for the next 20 years.
Since we have nothing to hide,when ever an inspector shows up,be it enforcement officers from police,fire,building or any slew of county or Govt inspectors,we 1st ask for their photo ID and then welcome them in.
Good luck Birchl and may you and yours live peacefully in HA for the remainder of your years.
Mrs.Mimosa
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The inspectors are just doing their jobs
Strict interpretation of the relevant Code suggests that these inspectors were not doing their job in the proscribed manner. I'm sure the County officials have their own interpretation.
Simpler explanation: inspectors don't like to travel alone in the Acres...
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" inspectors don't like to travel alone in the Acres..."
Jeez, after reading the HA threads, I don't like to travel in the Acres; and I'm a WWE wrestler!
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Mimosa: "Along bayfront are many shops as we know already.During times of high tide several shops from abundant life to the tee shirt printing outlet on that corner,are indeed inundated with up to a foot of water."
This is flat out untrue, my business is on that stretch, has been for years, and has never flooded, nor have I ever seen any of the other businesses flooded with an inch of water, much less a foot. When the Bay front Highway is closed due to high surf, even the parking lots along it are not flooded, if there was this kind of flooding happening there whenever there was a high tide combined with high surf, all of us who work along there would be out of business.The owner of Abundant life was interviewed about the upcoming move recently and she said it is all about parking and storage, they've outgrown their current space and want a site where they can expand their deli and food ready to eat offerings, which is impossible at the current location.
I've always enjoyed the posts from both the Mimosa's (Mr. and Mrs. use the same punaweb login) and dismissed those who implied they were less than truthful about conditions in Hawaiian Acres, but when someone insists on posting and then reposting a myth as a fact, I no longer can believe anything they say. I just don't understand why people just make stuff up and then post it as truth, it makes no sense to me.
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quote:
Originally posted by hotinhawaii
The fact that you think the inspectors takes months to come out for aN inspection indicates that you have never called them to come for any inspections as required by your building permits. The inspectors are required to come within 48 hours of a request. My experience is that they come within three days every single time. You have not followed through on what you agreed when you got a building permit. I don't know why you would think they are not entitled to enforce the requirements.
dude ,, I waited three months at least for them to come and final my septic system ,,, what are you high ? I don't know what phone number you have to the inspectors but , it must be straight thru the governors office ,,,,
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