Moving to Puna?? Hawaiian beaches??

[Carolann R]

Hey Jeff...hoping it all is working much better than earlier.

Carrie

http://www.carrierojo.etsy.com

“Some people bring happiness ‘wherever’ they go, others - ‘whenever’ they go.” - Oscar Wilde

[Jeffhale]

o.K. I have been trying to figure out how to make it a decent story, short maybe but heck there's no way out..

It's a crummy story yet enlightening at the same time..
Yaw would have to read our previous Puna adventures in this topic to fully understand so i'll try a little refreshing..

So, like, we were there for four months and our lovely neighbors: We tried everything to "just get along'' But no, they have an agenda and there's just no way around their having said "YOU WILL NOT LIVE HERE!"

Filing harassment reports had little to no effect, trying to be friendly, zip. Ignoring em, zero.. each time it ends up, they were just fishing us for more reasons to make trouble.. erugh...

So, there we were. one week left. Of the four months they managed to either intimidate, harass, threaten, use the county, no take that back, one county inspector to give us a hard time... our last visit was just a nightmare.. unable to accomplish much at all in four months for all the trouble we got. But we persisted and tried to do what we could... one week left now, and we had 60-70 plants to install, in spite of them saying they would poison and having previously poisoned others. But there was another problem, the bank on the corner of the property..

The county had improved the asphalt corner to the extent; it is a mere 4 inches from our property line. And we had a bank virtually hovering over it.. on the other two sides of the street, (corner lot) the bank, (fresh, rough rocks and dirt, fill) were far enough from the street to not worry about rocks going into it and becoming a problem.. But this corner, banking with the bottom just four inches from the payment was defiantly a threat.. If kids play on it, surely there'd be rocks and debris in the road, and with that inspector, trouble is sure to come. So, I decided to build a small rock wall to bound it...

But,, Can I build this close to the street?? It was pointless to call that inspector rather, go over his head as we needed to do to solve what appeared to be harassment from that inspector.. Was he actually harassing us or was it simple coincidence? You never know for sure, and must use reason that an inspector who's been there for 30 years, just couldn't be personally involved, besides yaw need evidence eh?

So I called his superior and informed them of the problem, the closeness of the street and impending rock trouble.. She'd been to the site a few times and knew exactly what's going on here.. I could go on but in summery she told me, as long as I built on my line,, there was no problem.. However, i insisted she reconsider and advise me of any potential troubles, with a 3 foot rock wall, just 4 inches from the asphalt.., bottom line was, if it's on my property, build it.. So i did..

It took me days to dig the hole out for a foundation, then more days struggling, getting huge rocks into position.. In the mean time, my wife kept herself busy, digging and planting border trees and shrubs.. We figured the quicker we could get a border established, tall enough to create some privacy, the sooner these lovely neighbors would get the picture.. and we were running out of time fast.. not to leave out, that hurricane was expected the same day we were to leave.. tuesday

I am crippled so it takes me twice as much time and or more than the average to build a small wall.. but we poured our hearts out day after day.. Once my wall began to take form, Friday evening, my old pal on the south side came strolling down the street and checked out my progress.. Whipped a turn right back and then was gone.. , Saturday we worked, Sunday, and on Sunday evening we decided to get 'the hurry up going' and leave the big island a day early, just incase that hurricane shut the airports down..


Monday, last day, and a lot to do, 15-20 plants to go, some big ones too, and another foot to add to the wall.. All the while we've got to catch a 4:00pm flight.. We had a house to finish cleaning, showers to take, clean up truck and tools, store em, last minute agenda, etc..

rush was not the word for our efforts and we needed to finish on our lot by 12:30-1:00Pm.. Things were going fairly well, but there's never enough time when you are building..

Anyways, 12:00 rolls around I am wheel barrowing cement, freshly mixed and guess who drives up?? “No, it couldn't be my other buddy that inspector.” but sure enough... "Now what?" Knowing my south pal had taken that stroll Friday, I found my self 'not to surprised'.. If you've read the whole story,, then you know, "Gee, the maintenance department must have came by and told the engineering department there was a problem on my lot again?" eh?" "Because the engineering department all the way to the top says, ‘they do not have the time nor bother with neighbors complaints’ "Gosh darn that maintenance department must just sneak around in the middle of the night eh?" ha..

First, he starts telling me I am working in the right of way with out a permit.. That to build a wall on my property line I have to have a permit, license, 1 million dollar bond, and the whole deal.. I was 'like' O.K. you are just playing with me right? "NO" hes says.. I went on to say, look around, all the walls built on property lines throughout the neighborhood ,, "Are you going to tell me all these people had a permit to build them?"" "YES' he says.. I said, "awe come on here, these people did not do this,, this is getting ridicules, you must be kidding me right?"' "NOPE!" Then he begins a platform telling me, I can not build my wall there.. I was like "what?" "You mean all the people around here can build on their property line but i can not?" I tried to tell him, as nicely as possible that; if he came here because of that south neighbor, it was not right.. But he responded with;, ‘the people living there have the right to call me any time they want.. Any time they feel there’s a problem.’ Then he starts trying to convince me to take it down and move it back 6 feet.. I informed him about his superiors words, but he can care less.. He insists i move it back 6 feet. I tried to reason with him, and began telling about our leaveing this day, in a few hours, but this guy really could care less.. At least I knew,, it really did not matter what he insisted this day because, whatever happens it would be a bit of time before this would be ,lets say; ‘official’ so I knew it was pointless to try and argue with him..

PLUSS.. PLUS and here's where it gets really good.. Because I was walking in the "right of way" while he drove up, he's issuing me a citation for "working in the right of way without a permit"'...
yaw know,,, I tried to reason with this guy.. I tried to be friendly,, even tried tossing in a joke or two,, but this fellow is callous about this whole thing... Give's me a citation 'working in the right of way and grading without permit.'.

i didn't have time to play with him but gave the curtsey and respect I would any other.. Then as i began to close down, obviously my day was finished,, he gets out his camera and takes a photograph of me crossing with my wheel barrow.. 'Evidence' man I’m glad he did that! whew! i almost got away with something! ..


O.K. let me simplify this for those who might be confused.. If you live in the city, where there’s a side walk.. and say,, you have a white picket fence there.. If you paint your fence while standing on the sidewalk, you are 'working in the right of way' without a permit.. or if you build a fence while standing on the side walk? same thing... the sidewalk area is the city or counties right of way...

Now, anybody, and i mean, has anybody EVER heard of getting a citation for this??

if you are thinking "maybe?" 'could be",, forget about it... I checked.. Hawaii county does not know of any time a citation has been issued for this, "criminal offence" I mean I must be a darned criminal if I am the first!..


The county also seems to be having problems sending me a letter explaining the citation, as the ticket i have just says code this and code that.. It's been four months, and no letter as promised.. I am like Duhh?? If i was them i would not justify this by issuing a formal notice either.. Moreover, if i was them I'd toss that in the trash...

Why?? One thing you can always count on a cheat.. yaw give them enough rope and they'll hang them selves..

What that inspector did was; prove my allegations that he was participating with this neighbor harassment. PLUS gave me a copy of the citation as "evidence"

Now would somebody help me get an attorney?? Please?

When am I coming back, Noel,, man,,, that’’s a tough one…

But if anybody has been by my lot? Can yaw let me know if me good ol’pals north and south have poisoned our plants?? 40 areca’s on the north and 40 porticarpus on the south.. And a couple o taller palms ocean side near the bank..

I am hoping they leave us alone, leave our plants be, but as I write this I can imagine they figured out some ‘excuse’ to do something to em.. chop em, kill em,, ergh..

Oh I almost forgot,, the north lady made contact with my wife that week.. I thought YES! The ice broke,, yeah!!,, I went near to rest and hope to hear.. My wife was asking her 'not to spray poison on our areca’s'. And it sounded like they were just ‘talking’ I was hoping I could get a chance to tell her that I placed a large pile of rocks near their side, ‘just for them’ to help them build the wall they intended… FREE… yaw know nice guy stuff?? Anyways, she began telling my wife, “You think I put poison on your plants, but all I did was spray poison on the rubbish.” In case anybody forgot or did not read?? About three weeks before this, She had sprayed poison from one end of our lot, (not on her side, not one single dead blade of grass) to the other on our lot, in a five-six foot wide spread, killing everything we’d planted.

Spoiled my nice guy plans.. Anyways, she almost, sort of, kind-a, implied, she knew the areca` were not rubbish..

Fingers crossed.






Edited by - Jeffhale on 11/28/2007 20:27:06

[dmbwest]

Hey Jeff .......... address again please?

I too, some time ago, thought of, the biggest Punaweb party ever, right there .....

I think this should just be all or our, end of week meeting place, just to stir the pot + keep a presence going @ your lot ........ what say Jeff?

[missydog1]

what a jerk that inspector is ...

well, the Hawaii County Zoning code says:

Section 25-4-43. Fences and accessory structures.
(a) A perimeter boundary fence, wall or similar feature, six feet or less in height shall not be considered a
structure and shall be permitted without any front, side or rear yard requirements.

In other words, no setback requirement. And no permit needed for a fence under 6 feet, IIRC.

[DanielP]

Jeff,

Perhaps a letter from your attorney to Hawaii County Council with regard to the inspector's actions would throw some "light of day" on the situation.

Dan

[emorata]

Sorry this hasn't been an easy road for the both of you....i'll visit your property when i go down to visit....where's the address again? Hopefully the areca's are still doing okay.


by the way jeff, in march, i'll be flying to bali to check out our bali builder...will give you an update on the workmanship/quality - i'm a little worried that he bills in Euro's and our dollar is pretty sad as an exchange rate to that.
best,

noel

[Jeffhale]

Left hand corner (west side although there's only one empty lot around)of Opelu and Puni Paka south loop.

Down Kahakai blvd to Opelu (about six blocks from ocean) make Left to first corner, Puni paka, Right there, on left side. Should see the small Rock wall right on the corner with orange plastic fencing placed on it so the neighbors and other traffic can get used to the idea,, The street is badly placed.. High property with deep cut driveway, entering from Puni paka. There's a bamboo sitting, shade shed in rear of lot.. I got a water meter last Aug. Yeha! However, not connected because we aint there, duh..

heck yeah!! party down, however feeding the adjoining neighbors is not allowed. Not unless they bring water for plants. however all other neighbors are happy campers and hopefully they have been watching the south/north neighbors too. Especially the lady in Yellow house directly across the street. She used to own it and the south neighbor from me has tried to steal it from her too.. Little did I know until last visit.


Oh yeah, Noel,, Euros? I don't recall any quotes in Euro.. That changes everthing with the rise in it.. major..





Edited by - Jeffhale on 11/30/2007 05:26:57

[Jeffhale]

Any chance somebodies taken a look at our lot?? E-mail us please.. Unless things change we'll be back to attend the court cases against them.. Harrassement.

[james weatherford]

Whoa! I've scanned through this and there is one stink here.
First, Jeff, get the name of the inspector.
Next, find out, if possible, who the neighbors are and if (perchance) there is a connection with the inspector (although I almost never ever buy into conspiracy/ nepotism theories, this one has that smell to it!).
Then, send a copy of the citation to that superior, and ask for a written explanation.
The Council can't do anything on this; its just not what they do. The Mayor's Office and the Public Works Department would be the places to contact.
Good luck.

James Weatherford, Ph.D.
15-1888 Hialoa
Hawaiian Paradise Park

[Nate SC]

There has to be an ordinace that you violated that he(inspector) has to reference in the citation. You can't just get a ticket for 'grading", it would be quoted as e.g. ("HCMC-123.43".
If the "inspector" is not a sworn peace officer he can't issue "criminal citations". If in fact you did recieve a "citation" it was an administrative one. Complain, Complain, Complain.
The Inspector might have 30 years on the job but they all don't. Someone in that orginazation cares if the job gets done and they need the job for 20 or 25 more years. Call the "supervisor" on the carpet for the "advice" too.
Maybe next time just ask the inspector for 48 hrs and finish the job, basically just "shine him on". "What ?? that wall?? been there since all the other ones were here? really? that one ? wow ? I guess? Can you type up the whole thing your talking about Mr Inspector and mail it to me because I'm not really following what your saying to me ? That would take like 9 months Hawaii time.
All jokes aside-
You should contact Lincoln Ashida in the County corporation counsels office. Lincoln is brilliant, rational, caring, serves the community and he doesn't act "alouf" to citizens needs.