Posts: 40
Threads: 14
Joined: Jul 2013
Curious to find out if Hawai'i county requires any form of occupancy permit for a structure being rented. Neighbors are super noisy, screaming fights in middle of night, running generator all night, one time police asked me if they could come on my property to look for a suspect. Gave permission and watched 4 officers tackle someone who was "hiding out" next door.
I did some research on county tax site and found that original permitted home next door burned down 10 years ago and new permits were issued to rebuild, but the home was never rebuilt. However, there was a separate permitted structure that was specified as a barn and not for residential use. The barn is the structure now being rented. I know that owners are supposed to have a GET permit for a rental and I assume you can verify this with the county tax office. However, is there any way to stop the property owner from renting a structure not intended for occupancy?
Mahalo
Robert R
Posts: 966
Threads: 61
Joined: Jan 2006
the right to occupy comes from the health department and has to do with your septic. i am not sure once that letter is issued, if it is ever "retracted" but that is the only occupancy letter i am aware of...
Posts: 1,100
Threads: 6
Joined: Nov 2010
Call the planning department and lodge a complaint that a nonpermitted building is being used as a residence. They act strictly on a complaint-driven basis so don't expect them to act, ever, unless someone complains. And it will probably take several.
Posts: 1,955
Threads: 100
Joined: Aug 2005
What subdivision is this?
Posts: 4,248
Threads: 96
Joined: Mar 2014
Are the property owners actually renting the place or are these just squatters?
Posts: 6,214
Threads: 354
Joined: Feb 2006
Definitely contact the landowner... It worked for us with a problem next door renter.... Landlord was oblivious to the conditions!
You may need to contact more than once... & doesn`t hurt to spread the contact info to your other neighbors... the squeaky wheel theory!
You can get that info from the HI Cty Tax Office website:
http://www.hawaiipropertytax.com/search.html
If the occupancy is not to code.... & the landowner does nothing.... definitely contact the planning dept... & spread THAT info to your neighbors...
ETA: Most likely, if there is elec. to the property... the HELCO may not be aware of the "not to building code" living structure as well.... Power can become much more pricey! this may not be the case here, as there is a generator... but for anyone else...
ALSO: If the landowner is not on island, state law REQUIRES an on-island property manager to rent property... so there may also be that to squeak about!
Posts: 14,115
Threads: 424
Joined: Aug 2012
definitely contact the planning dept
Legitimate "occupancy" requires a "permitted wastewater disposal", at which point the Department of Health can get involved.
Posts: 6,214
Threads: 354
Joined: Feb 2006
Permitted wastewater treatment is also required for any wastewater disposal (a permitted ag structure with a restroom or grey water drain would also need a permitted wastewater disposal system... which was most likely in place for the original living structure that burned to be permitted...)
Posts: 14,115
Threads: 424
Joined: Aug 2012
Permitted wastewater treatment is also required for any wastewater disposal
Wastewater permits are issued to to match the size of the habitable structure, which must be contiguous. New structure, or new square footage, may void the original permit.
Posts: 6,214
Threads: 354
Joined: Feb 2006
the OP had stated that a new permit was issued, but the replacement home was never built....
Not sure if the AG building had been permitted & built with any need for wastewater disposal permits, as the OP did not cover that...
So if no NEW structures were built...& IF the AG structures is permitted for wastewater, or is not using a wastewater disposal system,... then the DOH would not get involved...
