I've just posted part two of "Pile of Pohaku," which outlines how a vacation rental that had zoning violations and was never approved by the Planning Commission is nevertheless being actively rented.
The post shows how Planning Commissioners did recognize that some of the TVR-related transgressions were, to use the words of Commissioner Hartwell Blake, "just blatant, in your face, poke you in the eye."
Yet they failed to follow up or dig deeper. Instead, they blindly trusted former Planning Director Ian Costa and Deputy Director Imai Aiu, both of whom were subsequently removed from their posts without public explanation, and the advice of inexperienced Deputy County Attorney Ian Jung.
It also shows how the Council simply compounded the problem with its recent passage of the amended vacation rental bill, which allows non-compliant properties to slide on through since no inspections are required. You can thank Councilman Tim Bynum for that little gift to the speculators.
It's ugly, and it's sad, because this particular case illustrates so vividly how some developers have totally scammed the system as the county either looked the other way or abetted the deception.
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28 comments:
This TVR situation is simply outrageous! Fraud on multiple levels and other crimes are being committed & nothing is being done! TVR's take away from jobs being provided at hotels. Taxes are not being collected from the TVR's and tax exemptions are being taken by owners who are claiming it as their primary residence. Furthermore, council members, Planning Staff, and county attorneys who should be working for us are accessories to these crimes! We need enforcement! We need justice! We need this cleaned up with NO grandfathering.
"Planning" on Kauai ?
Kaua`i Planning Department = oxymoron!
Amazing that I. Aiu got the DHHL position, just incredible. What is their hiring criteria?
Is there some rule that primary residences cannot be rented out when the owners aren't there? If not, then there's nothing inherently contradictory about claiming a homeowner exemption and tax rate classification on a property that is the owner's primary residence and is rented out as a TVR part time when the owner is absent.
Corruption rampant obviously
Change the law, if you don't like it. Those a-holes followed the dumb law - as much as you dislike it.
remove the language - make it better - improve your world instead of complaining about it.
Why did you delete #7....wasn't mine...however it seemed like a valid question ? TIA
Thanks for undeleting....Enforcement is the problem. Without enforcing the law....the law is just words on a piece of paper. The dog nedds teeth until then ...its just barking.
I didn't delete the comment. It got sent to spam and I released it.
One way to help change and improve one's world is to educate others about what's really happening in it.
How do you improve enforcement if there are only X number of building inspectors? The laws including civil fine must be changed and increased, so that it does not become just a small fraction of the cost to do it legally.
It's a victimless crime, like smoking pakalolo. Boo hoo, somebody got unpermitted improvements and gets to keep tvring their house. Big whoop.
victimless crime until the next tsunami, like Phleugers Ponds
victimless crime until the next tsunami, like Phleugers Ponds
April 30, 2011 4:03 PM
Caren diamond, Barbara Robeson, and Joan don't care about no stinking tourists. They're just galled at other peoples wealth.
"Caren diamond, Barbara Robeson, and Joan don't care about no stinking tourists. They're just galled at other peoples wealth."
Duh?! From what planet did you arrive?
If you would take time to know these women, really know them and what motivates them...you would not make such foolish comments.
Dr Shibai
Drive down Laukona St and you will see zoning violations,health violations and an ice problem thrown in.
Out on the north shore how do these upgrades really "hurt" the general public?
The county is all too happy to collect the taxes on the sq footage, in fact these ocean front high end properties are a cash cow that the county depends on.
Vacation rentals may disappear but only to be replaced by wealthier owners who don't need to rent. They can pay 2 million for a house to keep their yoga teacher / vegan chef in, rent free.
Sorry, thats that capitalist system and its not going to change any time soon. At least not to the benefit of the poor.
Maybe its time to rezone some of the "precious" ag land into higher density uses and allow modular homes with long term leases to help with low cost housing. That would be a positive step to actually make neighborhoods possible to those living in cars and garages, or twelve to a house.
But that wouldn't Keep Kauai Kountry would it?
What a depressing report. Reality but still sad.
Too bad that Joan sells all credibility by endorsing idiots like that japan water guy. That diminishes her valid message about island issues.
"Is there some rule that primary residences cannot be rented out when the owners aren't there? If not, then there's nothing inherently contradictory about claiming a homeowner exemption and tax rate classification on a property that is the owner's primary residence and is rented out as a TVR part time when the owner is absent.
April 29, 2011 12:40 PM"
But doesn't that mean that legitimate residents are financial loosers because they subsidize those "part time TVRs"? And the winners are those people who rent/TVR their property and (1) claim a homeowners exemption, (2)pay residential property tax rates,and (3)they don't have to pay commercial property tax rates?
"Caren diamond, Barbara Robeson, and Joan don't care about no stinking tourists. They're just galled at other peoples wealth."
Can't you care about tourists AND be galled at the wealth that some accumulate by ripping off the island?
The landowners paying 20,000 a year in county taxes for services they don't receive or use may think they are the ones being "ripped off".
You're surfing on their dime while chipping in a penny.
What does "ripping off the island mean" if you have a 100,000 service budget plus 20,000 in taxes and live in a house at the end of the road only 6 months a year?
The voice of the commissar ," they should be made to live under a tarp and grow organic greens while the little people live in their mansions and make REALl neighborhoods"
Socialism is great until you run out of other peoples money.....
"What does "ripping off the island mean" if you have a 100,000 service budget plus 20,000 in taxes"
That you deducting from your federal taxes. aka rich people's welfare.
Capitalism is great as long as you pretend ecosystems, communities, culture, iwi, etc have no value and all that matters is YOU
"Capitalism is great as long as you pretend ecosystems, communities, culture, iwi, etc have no value and all that matters is YOU"
Does this mean all you think all rich people/ capitalists are evil and don't care about the items you mentioned?
Where is the dividing line? 100,000/year?
What about Al Gore and Robt. Kennedy Jr.?
Tax deductions are legal and can be changed legally.
They do serve a purpose, although you may not agree with it
Statistics show that even with deductions they pay the most taxes.
But you seem to think the rich have "your" money.
County should charge commercial rates for commercial businesses such as TVR's.
But will this money go to help provide low cost housing?..... or get swallowed up by the general fund to pay for the swollen debt of the county and state.
As said before the rentals may get put out of business but the lands will pass to wealthier hands without the need for commerce. Reduced commerce that will have a negative impact on working /service class people associated with the industry.
<< But you seem to think the rich have "your" money. >>
Why is it that wealthy people think others (poor and wealthy alike) envy their money? Get over that already.
What this is really about is land. The rich don't have "your" money, they have "our" land.
watchdog said...
The rich don't have "your" money, they have "our" land.
What is your claim to the land, exactly, watchdog?
One reason I'm doing this series is that many of these properties are also associated with the intentional planting of the public beach, which is indeed "our" land.
"One reason I'm doing this series is that many of these properties are also associated with the intentional planting of the public beach, which is indeed "our" land."
I think most casual observers walking the shoreline would not realize that this "outrage" is taking place, which would lead one to ask how great an outrage it really is ? Especially given the remote location.
Most of us only get to Haena once or twice a year and there is ample space to enjoy the area in spite of these privacy/beach stabilization plantings, right or wrong.
However take a car count from the pier boat ramp to the river mouth at Blackpot any given weekend or high surf day and ask how much toxic carbon based fluid is dripping into the sand from the line up of vehicles blocking "our" beach. I'd submit this is a greater threat than naupaka.
Two wrongs don't make a right but of the two situations which do think has the greatest negative effect to the environment?
I'll tell you what. You work on the car drippings at Black Pot and I'll work on the naupaka being planted on the public beach and then two problems can be addressed!
Oh great, so now if you can hide something from the "casual observers," then it is OK, legal, and morally the right thing to do.
Plus, if it's a remote location, it's OK to break laws and break down any community that may also exist there.
This kind of "thinking" is part of the problem.
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