Kahala community leaders are rejoicing after the City Council’s approval of a bill allowing the city to impose stiffer fines on property owners who blight their neighborhoods by leaving overgrown foliage and trash in their yards.
Bill 3 (2013), which passed unanimously Wednesday, has been dubbed the Genshiro Kawamoto bill because of the hefty fines the Japanese billionaire has accumulated as a result of the trash, debris and overgrown weeds he has left on 21 Kahala properties.
The bill raises the maximum fine the Department of Planning and Permitting Department could issue for an overgrown or trashy yard to $5,000 a day, up from the current $1,000 a day. The measure also allows the department to notify owners of violations via the local newspaper or by certified or registered mail.
East Honolulu Councilman Stanley Chang, who introduced the bill, said it was designed not just to address the concerns about Kawamoto’s properties, but complaints that have come from throughout Oahu.
"This is an islandwide problem and many homeowners are concerned about these properties affecting their property values," he said in a statement.
Mayor Kirk Caldwell, in a statement, said he intends to sign the bill, which is not surprising because Chang said he worked with planning department officials to come up with the bill.
"Bill 3 gives the city another enforcement tool against Oahu property owners who have yards which are overgrown with weeds and full of debris," Caldwell said.
Longtime Waialae-Kahala Neighborhood Board member Richard Turbin said he’s pleased with the bill’s passage.
"Now there’s a vehicle to really ding someone who is intentionally, or at least appears to be intentionally, wrecking a neighborhood," he said.
Turbin said Caldwell told him he intends to use the new fines against Kawamoto and those like him.
He described Kawamoto as a "repeat offender" and "a case to himself," adding, "His actions are a thousand times worse than anybody else I can think of."
He noted that the law allows the city to cut and remove weeds and trash from offending properties at the owners’ expense if there is no compliance after a lengthy period of time. If Kawamoto does not pay his fines, "it’s worthwhile for the city to file a lien against the property, and if he still doesn’t pay the fines, then they can force a sale of the property to pay off the amounts owed to the city."
Chang has stated repeatedly that the bill is not intended to have the city slap the maximum fine on just anyone.
"This new law is not meant to go after the average homeowner, but intended to provide (the city) with greater resources to penalize homeowners who are uncooperative or unwilling to work with the department," he said in a statement.
Planning department officials, during committee meetings, also assured Council members the stiffer fines would be used only in extreme cases.
City officials said Kawamoto has been fined $42,000 for various violations on 21 Kahala properties, including failure to clear overgrown weeds, garbage or other waste. He had paid all but $3,000 of it as of mid-February, the city said.
A city official said Thursday that as of the beginning of April, Kawamoto has had 67 notices of violations issued against him and his properties, 66 of which have been corrected. Most have had to do with overgrowth or debris. Kawamoto has one $50 fine outstanding, the planning department said.
Turbin said recent checks of Kawamoto’s properties show many are again becoming overrun with weeds and debris.
Jesse Broder Van Dyke, spokesman for Caldwell, said, "We are awaiting further information from the complainant about the Kawamoto properties before taking further action. The city will review all complaints from across Oahu."
