Reader’s query could result in fines for property owner

QUESTION: A friend who lives in Palolo Valley has noticed huge amounts of dirt being thrown over a ledge on Maunalani Heights beginning last month. This seems to be in the area between a private home and Maunalani Nursing Center. He tried to call the Department of Land and Natural Resources, but they were more interested in getting his information instead of addressing the issue. Can you please find out what is going on? This seems illegal and dangerous, considering there have been rockslides before.

ANSWER: Your query via Kokua Line in early March prompted both the city Department of Planning and Permitting and the state Department of Land and Natural Resources to investigate the hillside work.

The investigations resulted in each agency issuing a notice of violation to the property owner, Frank Z. Fistes.

DPP issued its notice March 30 to Fistes for violating terms of a grading permit, said DPP Deputy Director Art Challacombe.

The permit, issued Jan. 17, allowed an estimated 473 cubic yards of earth to be excavated. However, an investigation determined that nearly 70 more cubic yards — 542 — was excavated, Challacombe said

The Notice of Violation ordered the owner "to stop the illegal work and to stabilize the site and protect abutting properties," he said. Fistes was given 30 days from the issuance of the notice to correct the violation.

If it is not corrected within the 30 days, Challacombe said, a Notice of Order would be issued and an initial $150 fine assessed.

After that, if corrective action isn’t taken by a specified date, a daily fine of $150 will be assessed, he said.

After being contacted by Kokua Line, DLNR’s Office of Conservation and Coastal Lands also did a site inspection and found that work on private property had encroached into the state conservation district, said spokeswoman Deborah Ward.

The office instructed the contractor to stop work, "and work stopped," she said.

The office then sent a Notice of Alleged Violation and Order to Fistes, but the notice was returned unopened, she said.

(In both violation notices, Fistes’ address is given as a P.O. box in Kailua-Kona.)

At that point, "We communicated with the landowner by phone to notify him of the violation, and we will be following up on enforcement action," Ward said.

The violation notice said a site inspection on March 12 "revealed disturbed vegetation, exposed soil and no best management practices in place on the hillside of your property."

DLNR recommended "that you retain a geotechnical expert to assess if the situation you have created has resulted in any slope destabilization or rock fall hazard, and what if any measures need to be taken immediately to reduce such hazards that could have resulted from the unauthorized work."

Potential fines of $15,000 could be assessed per violation. If any violation persists, additional daily fines of up to $15,000 per violation could accrue.

"The OCCL will continue its enforcement action on this matter, and we will continue to monitor the hillside, which is private property, for any further problems," Ward said.

MAHALO

To two young women. Last month I tripped in front of the Goodwill Store in Kaimuki and fell on my hands and knees. I was unable to get up right away. The two young women came to my rescue, helping me up by holding on to my elbows. I suffered a cut on my palm and bruised knees, but thankfully I could still walk. I didn’t get their names since I was in a hurry to catch the bus. Thank you both, again. — Grateful 80-year-old

Write to “Kokua Line” at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.