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Moving to Puna?? Hawaiian beaches??
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03-01-2007, 12:47 PM
Hey Aimee,
Yeah that was fun, glad I stuck around so's somebody could talk me into getting in the water too, Ha.. Mayumi says Hi, and says too, that tequila Bob had was somthin.
07-07-2007, 08:47 AM
The saga continues,,,
From cutting down the tree, as mentioned in another post receiving threats, cursing and houl`e calls from the etree cuttersf on our north side, to perpetrating harassing complaints... I can not tell you how much anxiety we have received from our wonderful neighbors.. Those who caught the interception i made in another post understand what happened when we engaged with the north neighbors about cutting down our avocado tree, plus encountering this lady in her workplace, Wal-mart and her aggressive position/stance. . But, the source of our troubles, continues to unravel it's self.. Last month we continued grading extending our lot to it's boundaries near the street.. In all ignorance I committed a foul. There were several inconsistencies about our lot which i had not realized would be of importance.. First was it's shape and that the 'right-of-way',, about 10' area next to the road/asphalt, on our lot had not been properly graded nor maintained by the county.. Here's a area which we've learned should be considered by all who buy property. Not just considered but I am finding, we overlooked this and perhaps the counties information site, might, ought to make a addition of it, in the least listing the requirement for regarding the driveway, and of itfs requirement of a licensed contractor with 1,000,000 bond, and pull the permit gworking in the right of wayh to install your drive way skirt.. It is not identified properly, and would have caused us to move in a better direction with itfs information.. In retrospect we've realized that, we should have called the county and made them fix the 'right-of-way' first thing, which would establish a proper boundary between our land and the counties roads.. In our case the right-of-way had over growth, large rocks and boulders, natural or previously graded cliffs, rock edges, junk, bottles, rubbish, you name it.. It's is a county requirement for the owner of the adjoining property to maintain the 'right-of-way'. However, in all cases where the property/lot is undeveloped, this requirement is, either over-looked or not mandated. In our case the driveway had been graded over, and it was elevated into the right-of- way. Not knowing it must be lower than the street and skirt installed, could have tipped us off, or caused us to head in a better direction.. rather though, ill informed and not up to date with the counties requirements as we should have been, (covered a few paragraphs down at meeting with county supervisor, ) Last December our dozer operator increased this height while smoothing out the driveway.. (Actually a continued infraction into the counties eright-of-wayf). If we knew, what we know now the world would be perfect, eh? Ha.. It is clearly easy for an owner to presume that, due to this, making 'improvements' over the boundaries of the property is nothing to be overly concerned with. In our case due to the height of our lot, it seemed reasonable to clean out the right-of-way, and over-grade into it, to balance out the natural cliff along the perimeter of our lot lines/borders.. At this point i can clearly say, this would not be a problem unless you are being harassed by your neighbors. On the evening just after having a dozer push rocks and dirt into the 'right-of-way' my neighbor to the south, originator of harassing telephone calls, causally informed me that 'if he could not improve the area by the street, neither could I..' I told him that I knew I'd gone a little past my intent and I'd be cleaning up this in short time.. The very next day, there's a red tag on the dozer, "stop all work order" violations of code 10 and 22.. 10, working in the roadway without a permit, and 22 grading without a permit.. In my case the lot is to small to need permit in code 22 unless, as i learned, you "MOVE or import over 100 cubic yards.. I called and met with the inspector ASAP.. However, and I've met with inspectors several time in the past, never had problems before.. This inspector was literally irate, demanding, yelling and refused to listen to any sense of reasoning. plus made accusations which were beyond his jurisdiction, telling us that we graded into our neighbors property, ,which we did not, not even close.. That on the other side of our lot our dozer pushed large rocks over the 3' ledge too. That our property lines, metal monuments were wrong, and we will need to pay for professional licensed surveyors, and place them around ten feet from the street. and other miscellaneous accusations as if we were criminals.. He even pulled a tape measure at one corner of our lot across the street , which illustrated the street was around 3' feet off center, and upon doing so, literally 'pretended' he didn't notice, claiming the street was perfectly placed and our lot lines were wrong. Our lot is very unusual because being the it is a corner lot the county has improved it at the corner, so much so, the asphalt is less than 18" away from our property line.. At first glance it's understandable to presume our lot line is inaccurate.. However, after the inspector insisted our monument markers were wrong, he actually, I caused him to, pull his tape up the road at the end of our lot.. When he did he found himself about three feet off center, and refused to recheck the off-center distance where the corner intersection lays, rather just continued in a rude manor with further accusations.. I take it back, I have had a inspector act in this manor back in 1997, that inspector does not work for the county/city anymore, Go figure? Ha.. However, I do not intend to 'make waves' here, aint worth the head-ache, nor do I like to 'rock-the-boat.. I will stand up for my rights though.. I'd attempted to inform this inspector that he was most likely becoming involved in a case of personal harassment but it seems he had a agenda and couldn't care less.. Then near the end of this meeting with him he began insisting that the neighbor to the north of us, that our dozer had pushed large rocks into their yard. However, fact is, this neighbor has taken apart the natural 3' cliff and undermined our property.. When I tried to explain this to him he said: gThat is not how he judges it" and that we are responsible for having pushed these large rocks, boulders in this neighbors yard.. He would not listen nor hear my explain that there has not been ANY dozer work in this area and it's clear by the brush, small hedges, weeds, chopped off guava trees, and the like, this area has not been disturbed.. After our leaving he went to this north neighbor to hear her side of the story. A few days later I called him to verify that, she should have confirmed what I told him. However, rather, he said that she confirmed his suspicions and that we graded into her property.. GEEESSSS!!! These people have not only undermined our property they have taken rocks and boulders from our side of the string line (which they installed) and on both sides which were foundating this cliff.. Since then they used these to create a wall, no where near our boundary but on their border from the street.. Anyways, if you can imagine and have had the patience to read all this blabber.. These things have caused us much anxiety.. MUCH.. It took me a few weeks to fully comprehend what we needed to do, and gather up photos, Before and after, plus the courage to meet with this inspectors supervisor. This was enlightening, bare with me cause I'm getting to the good part.. which was Last evening.. but give me a few paragraphs first, So anyways his boss, after I'd informed his of the harassment issue, told me that they don't have time to deal with neighbor complaints, that this came directly from the maintenance department.. That it was impossible for our neighbor to have caused this action, they simply donft have to time to act on those things.. (Stick around for the ending of this current addition to the story, , to become enlightened on how to go around this) Also told me that this inspector, (e lets call him, eJohnf for privacy reasons) was a very nice guy, he couldnft have behaved so aggressively towards us.. So I just said, "well obviously not when you are the perpetrator whether ignorantly or not" Around this time a total stranger appeared from around the corner.. John , (the inspector).. A stranger because here was this nice friendly guy.. A nice attitude and seemingly complacent.. "who the hell was this Ifd thought" And when I told them of the neighbors statements and that within 18 hours there was a red tag, he and his assistant were confused , looked at john who just ignored their odd looks and shrugged it off with a slight but an act of finding humor of it, looking grin.. It turns out too that last December when I had already over graded into the eright-of-wayf Plus placed large boulders intended to help build up the eventual continued "improvement" Our neighbor had made the call and John visited, took pictures, however, never informed us of the discrepancy.. When asked during our first meeting he replied: "I didn't know who you were." Just between us, "That's B.S.!!" I told his boss that had he informed us back then we wouldn't be in this predicament.. When the boss asked john, John blew it off.. Funny though because in our first meeting john was making a big deal about his photos and "evidence" The gevidenceh as I view it, is evidence the neighbor is harassing us, and the inspector could have prevented this current position 6 months ago. . Anyways, his boss said something to the effect "just get a shovel and clean it up" Whereas, john previously insisted we hire a licensed contractor with 1,000,000 bond.. I called, and because of the type of treatment john gave us, they don't want to get involved, plus even if they did, want some SERIOUS cash to get involved and undo my error and or bother with a one day affair.. Anyways, when telling of john's instance of a licensed contractor, they said, you don't need a licensed contractor. I said: " that's what john saidh. Shortly after, john said the same thing except this time his superior questioned his reasoning and he did a change up, then said: "they should" "I said they should" easidef Cute... very cute, and eFriendly toof Also when questioning his evaluating our corner borders, he chose this time, to tell his boss and us: ghey, I am not a surveyorh Strange too was, when his boss his assistant, john and us were looking at the tax map for the property, unknowingly we were looking at the wrong lot. Therefs an exact lot north of our street which is where the country was addressing the complaints.. turned out that; on the red tag we received, the tax map key was correctc However, on Johnfs copy, Ourfs being the original with original ink, that the copy had been changed.. The tax map key numbers were scribbled over and this other lot was identified.. Was there fowl play? Had this inspector attempted to cover up his actions?? Curious, for sure, all the little things regarding our adventure continues to discover discrepancies.. It could have played in our favor too, had we been gcriminalsh as this inspector treated us, had we just ignored the red tag, and did what we liked.. The county had a completely wrong identification and record of the event.. Go Figure?? Conspiracy? Naw could not be, seriously, but odd just the same.. john also explained, or his supervisor did, that, IF anything was graded into the neighbors lot, or improvements which effected any neighbors were performed, thatfs a civil issue.. Not the counties business. Strange, before we met this new john, he didnft take the time to inform us of his gcivil adviseh I properly bowed out of the whole deal with them attempting to lesson any burden we may have accused John of, by saying that; due to all the harassment from the neighbors, perhaps we viewed johns actions a bit harshly as we were filled with so much anxiety.. However, truthfully, I was just attempting to be nice, and defuse any troubles between us and him in the presence of his superiors.. On to the good part.. We cleaned up the error, 'we hope' and last night, evening, our buddy to the south made an appearance while I was washing off the street.. By this time, if you can imagine, the concept of becoming "friends- good neighbors" ain't gonna happen no more.. All the chats i'd had with him, casual stories, threats, once telling us he'd though about getting his gun when were had been working all day and into the night, saying that he thought there were peeping-toms and was preparing to shoot... And the rest of his "heart-felt", B.S. are all clear to us.. They have an agenda and it's to control ANYbody who owns this lot.. Attempting to prevent anybody from blocking their freedom of enjoying their patio, built on the side of their house overlooking our lot.. Game playing IS OVER... It's clear now, His wife, who works with the lady to the north, in a higher position, is setting them up.. Using them for their agenda.. Two months ago, this fellow informed me in a casual conversation, that he does not know this lady nor her husband... When asked about them working together he told me his wife works in one area and she who he has no idea what her name is, works on the floor.. Insinuating She's a lesser individual and ehisf wife has a higher position at their work place.. I was wondering why he was volunteering this, and figuring it was attempting to cover their harassing actions.. So, last night he began telling me how the road way looked so nice now, and what a good job we'd done.. I was like; yeah bro.. then asking; what the sticks and flags (which have been placed a month ago) were? I informed him it was my boundary markers, and I'd had considerable troubles making the county understand they were true.. he replied, with some knowledge that: 'Oh so the county made the street to close?' I was like "yeah bro" Then i told him how coincidental it was that the very next day after he told me about the grading near the street, I received a red tag from the county.. He'd commented to the effect' yeah what a co-in-ci-dence.' I was like; yeah incredible co-inc-idence aint it bro'' And: 'what's even stranger is that the country says they don't have time to bother with neighbor complaints" aint that strange Bro' He was attempting to play coy now, so i decided to inform him of my rights. And that his previous calls to the mainland upset us, the continued complications were and are classified as harassment civil and criminally.. Now we get a total attitude change.. he got right up in my face and began cursing at me, threaten me.. 'Yeah, well don't F#%%##@@!!! with me!! You want to Fu#%$@!!! with me and you'll be sorry!!! Something like too, If you want to be a good neighbor than that's all right, but if you Fu#$##@!!! with me, Don't FU$#$#@!!! around.. I have been in situations like this several times as a landlord, and know 1. MY rights and two, don't play their game.. I remained calm, as he was in my face cursing and threatening and continued with my agenda which was basically, his last warning... Explaining, or trying to in-between his threats, that those calls were harassment, that I called the health department and they said to tell my neighbors; if get rats, they need to buy rat poison.. In fact the health department told me that the fallen fruit does not just feed or draw rats it provided food for other animals and birds, itfs part of the cycle.. He continued with his agenda, trying to intimate me cursing, threatening back and forth in and out of my face.. But i persisted to inform him of his rights or responsibilities, calmly, not letting his attempt to irritate me, win over the situation.. Each time hefd threaten me, and when he paused, I'd go on with my interrupted statement, informing him that I'd also called the police about the calls.. then interrupted again with threats, and telling me "call the police",, As i continued to try and tell him, I did not file charges in an attempt to get along... In short time his wife waltzed down.. After he said he'd Fu###!!!! me I'd informed him, I was not his type, and preferred my wife.. Then his wife jumped in.. "what you trying to call my husband gay?' I replied,; no, just trying to find some humor of this situation" .. At that time this guy, made a positive comment like, that's better than arguing.. as he continued his agenda trying to coheres my wife, telling her to the effect, "Do you know what your husband is saying? He doesnft know what he's talking about...h and other stuff I couldnft hear for his wifefs actions, his wife trying to bully me into a predicament between her and I.. So, anyways, i just continued with my agenda now to the both of them... Yes, if you want to be good neighbors, you began with a bad start.. that you have both caused us a great deal of anxiety beginning with the telephone calls.. His wife said, "Oh you acting like a girl, get over it" I informed her that; their calls upset my wife and I, causing undue anxiety, which and, after that, the police here and in Joplin advised me, back then; to file harassment charges, and that if they were to call us, they should check with the county health department, and police before assuming these discrepancies.. Need i say he continued to get back in my face and threaten me, "Don't Fu###&^%!!! with me!! Etc.." All the while I try and let him know I did not file charges, to try and keep peace. Anyways now his wife gets in my face cursing at me and then pushing my chest.. I aint no dummy.. easide: Duhh. obviously she's trying to piss me off to the extent her husband starts punching my lights out> Ha, aint gonna happen..f So, I continued informing them of my rights... In the mean time by the third push, her husband had the good sense to grab her and push her away from me, before, as she elevated her aggression, pushing me harder and harder each time, before, she turned this harassment into a assault.. The pushing me thing is not viewed as assault.. I know this already.. However, I know, if she'd kept it up, eventually, my wife would have jumped in, and I can't say that she'd be as calm as I am when in a predicament like this.. Or, she would have elevated her attack herself to the point of actually hitting me.. Would have been a huge mistake on her part.. because, Ifd had them both jailed for that.. Amongst their cursing and threats, I informed her; I was aware of how she used the other lady.. (meaning the one to the north) Once i began that platform they begin backing off, heading for their house, telling me it's over or something like that, regarding being good neighbors.. ha, i am thinking.. Can't loose what you never had... So anyways, then she spurts it out as they head towards they house. "you are just mad because you had to do all that work cleaning up the road way.. To Fu$#$!!!! bad, get over it.h I continued: gI know what you did to that lady next-doorh, (insinuating she set them up) to which she politely replied, (depending on your point of view, epolitelyf, ha) Replied: yeah, my husband called the (sounded something like) gH.R.M.Fh. (Hawaii Road maintenance facility) on you and he'll do it again and again every time!!! aside: Thank you for confirming my suspicions good neighbor... And yes, to those who recommended i deal with this legally, yes, harassment charges are now filed, and criminal action begins... According to the police, it's likely the sage of "Aloha neighbors" will continue. I'll try, to make MUCH shorter up dates if possible.. ha.. In the mean time, i need to figure out a way to communicate to my north neighbor,, somehow,, as I am convinced, she's been being used by these folks to fulfill their agenda...
07-07-2007, 03:05 PM
I applaud you for the patience and couth that you have shown throughout your saga.
How stressful it must be on a daily basis to live around these individuals. Good luck with your long overdue  harassment suit. Greg Henderson
07-08-2007, 04:35 AM
Yes thanks Greg. I am convinced that everybody has aloha somewhere, unfortunately at times you have got to refer to more serious techniques to make some respect that they are not the only person in 'their' universe.
And suite, does not seem to be an option. We did talk to a attorney last month, recommended by a judge who sits on the bench in these types of cases, who stated he would require $20k as a retainer. Apparently civil Justice on the big island is exclusively for the rich. Current direction is criminal Justice, where the police have shown little doubt this scenario is harassment. This process providing the prosecuting attorney accepts the case, will not be heard for 10-12 months. However. if anybody knows of an attorney who can sympathize with our situation, we'd be more than glad to go in this direction too. We are stuck with this lot, not to leave out, we really like it, where it's at, location, size, fresh ocean breeze, little ocean view, etc. It would not bother us though if these people were compelled to find us another lot with the same characteristics, and they can have ours! Edited by - Jeffhale on 07/08/2007 08:46:24
07-08-2007, 03:35 PM
There is a site with Hawaii state court forms here:
http://www.courts.state.hi.us/page_serve...0DC9F.html I found a form there for a temporary restraining order aka a TRO: http://www.state.hi.us/jud/Hawaii/District/3tro.pdf Now I don't have any idea about the legal system of Hawaii. Is this appropriate in your circumstances? Is it a DIY form? Not a clue. But it might be a starting point to think about or at least ask a lawyer licensed here their opinion. They also have a page that explains a bit about the TRO: http://www.courts.state.hi.us/page_serve...AB1B5.html Protective Orders You have a right to live in a safe environment, free from the threat of harm from a family member or acquaintance. If someone you know is engaging in a pattern of harassment (including physical or sexual violence, verbal threats, property damage or stalking), you can seek protection by obtaining a temporary restraining order (TRO) against the perpetrator. If you need to extend your protection for up to three years, you can obtain an injunction. If granted, the order sets guidelines aimed at protecting you. This can include prohibiting the defendant from calling or visiting you. How to Obtain a TRO * If the defendant is not related to you and you have never lived together, please file through District Court. * If the defendant is a family member, please file through Family Court. Edited by - toucano on 07/08/2007 20:21:10
07-08-2007, 10:37 PM
Since 9/11, terroristic threats are almost always taken seriously and prosecuted. I'd suggest getting the state involved -- too many "cousins" in the county government. If terroristic threats were phoned, especially across state lines, the Feds would prosecute. Welcome to the Big Island of Aloha.
07-09-2007, 03:10 AM
quote: I can't remember any little sandwhich shop near the grocery store unless you meant McDonalds!? You're talking about the Foodland,right or are you talking about Nagasaki's Market?
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Support the 'Jack Herer Initiative'NOW!!
07-09-2007, 03:29 AM
Jeff, if your neighbors are still bothering you let me know. I know a couple of unemployed "Samoan Midget Wrestlers",who'd love to break so knee caps!!!
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Support the 'Jack Herer Initiative'NOW!!
07-09-2007, 03:44 AM
toucano, Yes, thank you, that is precisely what the agenda is today. Those links are just what we needed, thanks.
HiloHaole, I can assure you this guy is not related, or would he have any cousins in the county building division or any other sections. I doubt too, threatening to sue us on the phone last November, is likely not a terroristic threat, I might check wit the feds though, he, he. No seriously, I figure they've done enough where the local government ought to give us some type of assistance, understanding. Beachboy, LOL..
07-09-2007, 05:09 AM
Based on what you have said, just ignoring them might or might not work. I'm guessing not. They don't seem interested in letting you be. Unfortunately some people don't 'get it' when they find that there is a TRO against them. They think it infringes on their God given right to do as they wish regardless. A TRO isn't a panacea. But if you got one and they violated the terms set out in the TRO, at least you have something to show the police when they show up. It makes it a bit more problematic for them to blow it off as just another neighborhood dispute.
Edited by - toucano on 07/09/2007 09:20:28 |
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