Posted on Tue Jul 17 2007

Three enforcement actions in Kihei were previously reported in the MVRA Update dated June 6.  Since then there has been an incident involving an Agricultural property with an owner living on parcel.  A zoning inspector left voicemail on the owner's telephone, stating that he must stop hosting guests and producing weddings, or become subject to fines.  The voicemail allegedly stated that twenty-six properties have been identified for enforcement, and the owner's property was first on the list.  The criteria for selecting properties for enforcement were not specified.    The owner's planning consultant has spoken with Jeff Hunt.  In addition, John Rapacz has spoken with Mr. Hunt on behalf of clients who were wondering whether to submit permit applications.  I understand that Jeff said he was unable to discuss enforcement policy at this time, but would make a public statement (and notify MVRA) within four to six weeks. 

 

   Mr. Hunt did acknowledge that the moratorium is over, and that new permit applicants will not be allowed to remain operative during the review process.  He also stated that the County is "struggling" with the question of how to "soften the blow" of enforcement for operators who apply for permits.  In speaking with the owner's consultant, the Planning Director indicated that he was under pressure to enforce, from the Council and from Planning Department staff.

 

    It is easy to believe that Mr. Hunt is under pressure from the Council and from some Planning Department staff members.  However, neither the Council nor staff should be dictating policy to the Director, who is supposed to develop and implement policy with the mayor's approval.

 

    Without a better understanding of the Administrations' thinking, it is difficult to understand why the County would act immediately to force people out of business and cost employees their jobs, while they are still in the process of developing new permit regulations.  I have asked Stan Zitnik (Mayor's executive assistant) to set up a meeting between Charmaine and myself to discuss enforcement policy, and am awaiting a response.  Charmaine had previously declined to meet with me in February, but I believe that was due to the necessity of focusing her attention on the budget and other urgent priorities.