Thursday, February 7, 2013

Musings: Ominous Omissions

A search of Kauai County documents finds no record of any permits authorizing extensive improvements to a Wainiha vacation rental, including the riverside deck/dock where a Canadian visitor drowned on Tuesday.

According to a county press release, Mark McLean “was found face down and unresponsive after jumping from a platform into the shallow water below.”
An online advertisement for the Kauai Paradise House transient vacation rental (TVR) suggests:

Rent a kayak (a local vendor offers 7 days for the price of 5!) and paddle right from the private dock to the private and peaceful white sandy beach, or paddle up the quiet Wainiha River to explore the lush green island.
Of course, we all know there are no private beaches in Hawaii, and that Wainiha River is far from quiet. In fact, the name means “raging waters.”
But that's not the only eyebrow-raising claim. The ad also states, emphasis added:
This entirely renovated private oceanfront retreat on the North Shore of Kauai in Wainiha on the edge of Hanalei is perfect for short- or long-term getaways for family or friends seeking luxurious accommodations with breathtaking views.
The Vacation Home: Newly renovated on the stunning blue Pacific Ocean, Kauai Paradise House is a truly unique oceanfront and riverfront property featuring its own private beach, oceanfront views, 3 king-bed suites (the third of which can be converted to 2 twin beds if desired), gourmet kitchen, travertine tile floors, 3 marble bathrooms, great room with entertainment center, covered lanai, lush backyard, and private deck and dock.
This sophisticated home with a resort feel boasts thoughtful touches throughout, including Tommy Bahama furniture, luxury linens, dual master suites with king-size beds and walk-in showers, new gourmet kitchen with top-of-the-line stainless-steel appliances
 (including toaster oven, blender and coffee maker), marble guest bathroom with large walk-in shower, spacious family room with TV and DVD/CD player, high-speed Internet, telephone, TVs and DVDs in every bedroom, gas BBQ on the covered lanai overlooking the deep blue sea, and private oceanfront deck with steps down to your own boat dock.
Sounds pretty flash. Realtor Jane Abramo's current sales listing for the house reiterates the “all new” verbiage:
Recent upgrades include a new 200 square foot front lanai, expanded 600 square foot covered back lanai with travertine tile, 150 square foot deck above the river, a brand new roof, fresh paint inside and outside, new fencing and tropical landscaping. This meticulously renovated private oceanfront retreat on the North Shore of Kauai in Wainiha is perfect for short or long-term getaways for family or friends seeking luxurious accommodations with majestic views. Lovingly refurbished on a private, fenced lot nestled at the edge of the breath-taking Pacific, Kauai Paradise House boasts its own exclusive beach. [WTF? Exclusive beach?]
Yet a review of real property tax records shows the property as having four bedrooms and two baths, not three suites. And an online search of county building permits shows that aside from the original 1972 construction permit, and some post-Iniki 1993 permits for a fence and minor electrical and plumbing work, there is no record of any permits for these recent upgrades and additions.
So when was this property transformed from a modest hale into a lavish “entirely renovated” vacation rental with a “resort feel” that is now on the market for $2.579 million, after having sold for $1.475 million in 2005? How much of that increased value is due to the TVR permit? And why are the property taxes just $ 2,133.80 per year?
More importantly, why did the county issue a vacation rental permit for this property when its building permits apparently aren't in order? Especially when these substantial improvements were made without complying with federal flood requirements, as is the case with a number of North Shore TVRs.
This is the kind of stuff that slips by when you don't conduct actual site inspections before issuing TVR permits. Yes, that inspection requirement was stricken from the most recent TVR bill, which was introduced by Councilman Tim Bynum and adopted by the Council after the infamous “beer gate.”
Of course, the owner is required to sign a notarized affidavit stating “Building permit number(s) were approved on ____ for all structures on the property and there were no expansions, alterations, improvements, or uses contrary to State and County land use and planning laws.” But how meaningful is that if the county doesn't check? Apparently about as meaningful as the farm dwelling affidavit. 
Sadly, it's the visitors who end up suffering from the lack of oversight and full disclosure. In the comments left on the Kauai Paradise House ad, one visitor noted:
Last, a suggestion; the step from the deck to the river was long, and slippery, especially at low tide. I would suggest one last step or a platform closer to the water.
Another visitor wrote:
We would definitely stay here again, especially when our infant daughter is old enough to go into the river on a floatie too. We put our toddler into her floaties and took her across [the river] to the beach and she loved it!
Meanwhile, the Jan. 12, 2013 Surfrider Kauai Blue Water Task Force report on enterococcus bacterial concentration per 100 ml showed Wainiha River at 173 for single day results and 369.9 for the winter geomean. The geomean should be less than 35, which means this is hardly the place where you'd want your young children to frolic.

So who does bear responsibility for ensuring our visitors are fully informed of the risks they face, and that the houses they rent for their vacations are safe and in full compliance with county laws?

44 comments:

Anonymous said...

County liability for the unfortunate tourist?

Anonymous said...

Wonder how many TVRs are like this one?

Anonymous said...

Excellent commentary and research Joan. We can thank our Council members (Tim Bynum) and the Administration for allowing this rampant abuse on the north shore. And the realtors care only about the money in their pockets, not the clueless tourist or impacts to what was once a pristine area nor long time residents. Between this and the stupid bike path, I'm totally disgusted with all of them.

Anonymous said...

They getaway with gas theft and other crimes so what makes any of you believe that there's somebody or something that can stop any or all of the POWERS criminal enterprises?

Anonymous said...

The TVR's were all inspected before permits went out. At least that is what we were told. If that is true, then some planning inspector must have signed off on this property as being all permitted and legal.

Do you know who was the planning inspector that signed off on the TVR permit?

Anonymous said...

is that the inspector who ask for a surf board or the one who needs to be provided with bottles of alcohol?

Anonymous said...

This is another case of a grandfathered (non conforming structure on the ground) being expanded with no scrutiny. Now that the unfortunate tourist is dead, i believe the county has a huge problem in having approved tvr permits in a structure that is not correctly permitted or safe. The decks and dock on the river never would have received approval. Sending people paddling up Wainiha river is downright irresponsible and dangerous,jumping off a house deck/dock into the river, obviously dangerous, the guy is dead. False advertising it as private beach has become very problematic with so many resort tvr's advertising their's has a private beach. Just the tip of the iceberg in the county liability for approval without due diligence. Seems the county should take immediate steps to review the approval and file charges against the landowner and architect who signed off on the as built certification that was required. If the permit was fraudulently obtained, maybe more of the liability would fall to the owner who rented the house, but as an approved TVR, the county should now rethink its stupidity on allowing tvr's to be approved with building violations that ultimately make the structure s and people who rent them unsafe.

It's available, it's booked, will there be any warnings? It's a huge mess , and a tragedy for the family that would not have happened if the family had stayed at a resort hotel.

This is a game changer and the law needs to be rewritten

Anonymous said...

paid off inspector and planners=dead tourist,

Andy Parx said...

I believe that, since this "house" obviously abuts the beach it is in the Shorline Management Area (SMA) and thus would have also needed an SMA pernit for the renovation- which requires public hearings and a planning commission decision, assuming the amount spent was more than $120,000 and needs a "major" (regular-not minor, over the counter) SMA permit

Anonymous said...

I wonder if the owners reach out to the victims family?Or if the vacation rental co that rented it to the them does?

Anonymous said...

Or if they keep renting it... anyone look online to see if it is currently rented to yet aother uninformed visitor?

Anonymous said...

Will Mike levy a $1000/day fine on this place or do they get off too?

Anonymous said...

sorry Andy HRS 205 A changed last year and a major permit would only be required if over $500,000

NO HEARING - in fact hard to even know when a minor SMA permit is issued since OEQC publishes what ever two weeks but the permit must be issued within 30 days....which is impossible to get all departments to submit a review (especially those SHPD folks.

ya'll are getting screwed - if you think there is Any possible way that public input goes into a minor permit.

Anonymous said...

County, "HO HUM"
Neighbors, "A Tragedy, a shame"
Owners, "Huh?"

Result, 0000000

Anonymous said...

How tragic. What a sad ending for the Canadians on vacation. In this case, it would be worth an attorney taking a case and sueing. This type of case has merit.

Gosh, nice work on this story, Joan.

These county guys, most of them are whores.

Anonymous said...

"So who does bear responsibility for ensuring our visitors are fully informed of the risks they face, and that the houses they rent for their vacations are safe and in full compliance with county laws?"

The county is liable, the building department and the planning department.

Anonymous said...

Wonder if they installed a new septic system in Wainiha house after "renovations". If they increased # bedrooms they were required to. Bet they didn't
If they did, where did they find the 50' setback from the stream? I think that is what the rules say.
No matter what, the chemicals and viruses still get in to the stream.
And what about that monster house going up next door. Do they have the setback?

Anonymous said...

If mike is doing such a stand-up job - then why is none of this information - zoning and permits available on line yet?

At least the building department does post their permits...


Anonymous said...

How disgusting. Yes, too many County employees under Carvalho are whores. What do we get? More of the same putting their sites on a pretty paying position and set for life.

Why not invest in an expensive education? The magic carpet ride is in front of this type of person, title, bennies, and all. Just say the word.

Anonymous said...

mikey is the planner who actually writes the application for the tr owners/ he knows what the answers are supposed to be.

Anonymous said...

FROM "ABSENCE OF MALICE" (1981):

James A. Wells, Assistant U.S. Attorney General: Now we'll talk all day if you want to. But, come sundown, there's gonna be two things true that ain't true now. One is that the United States Department of Justice is goin' to know what in the good Christ - e'scuse me, Angie - is goin' on around here. And the other's I'm gonna have somebody's ass in muh briefcase.
-----------
James A. Wells, Assistant U.S. Attorney General: We can't have people go around leaking stuff for their own reasons. It ain't legal. And worse than that, by God it ain't right.
-------------
James A. Wells, Assistant U.S. Attorney General: What'd you figure you'd do after government service, Elliott?

Elliott Rosen: I'm not quitting.

James A. Wells, Assistant U.S. Attorney General: You ain't no Presidential appointee, Elliott. One that hired you is me. You got thirty days.
-----------
James A. Wells, Assistant U.S. Attorney General: You're a smart man, Mr. Gallagher. I'm pretty smart myself. Don't get too smart.

Michael Colin Gallagher: Everybody in this room is smart, and everybody was just doing their job, and Teresa Perrone is dead. Who do I see about that?

James A. Wells, Assistant U.S. Attorney General: Ain't nobody to see. I wish there was. You're excused, sir.

Anonymous said...

really awesome investigating on your part. The county really is letting anything go, aren't they? Wow.

Anonymous said...

One of the housekeepers for several TVR rentals, said the owner of the property where she works paid $5,000 for her permits.

Anonymous said...

There are many abuses on here and also at the Kapaa recycling center. The workers are under paying the customers and putting the difference in their tip jar. This scam has been going on for years at the recycling centers. It seems that this Admin and it's county department not only accept stealing from taxpayers but also reward them with high salaried jobs ( that in itself is grand theft).

Anonymous said...

So now weʻre ʻgetting itʻ about Bynum??????

Whinied about Shaylene and drew serious attention away from what he was doing in plain sight.

Plain sight for those that wereʻt blinded by hatred for the former prosecutor.

By the way, howʻs the current one working out for yʻall?

But very good questions and research, Joan!

Anonymous said...

A vote against Shay doesn't mean being a fan of Bynum, the Mayor or Al Castillo, just because they're her so-called enemies. There are alot of us who don't align with either camp, who are neutral and can see the shit on both sides of the fence. It all stinks! And Joan doesn't hold back on anyone who deserves scrutiny.

Anonymous said...

Did the owner pay a consultant to write the permit (which is legal and not uncommon) or did she pay it directly to the planner who wrote the application for her?

Anonymous said...

Justin is doing a fine job cleaning up Shayme's mess.

Anonymous said...

why are you so much more concerned about some bs bureacratic red tape permit when someone just died? where r ur priorities?

u own something...it's urs, i don't care if u remodel the interior with or without county permission. Just how far up ur ass do u want the county's nose?

someone just died and u are more worried about enforcement of permit ordinance? wtf?

Anonymous said...

Are you really that stupid or just acting dumb? Got a guilty conscience?

Anonymous said...

Time to go after the contractors who do the unpermited work. They probably told the homeowner "no need" in order to get the work.

Anonymous said...

Are there Permits for that deck or dock attached to the river? Thanks Joan for exposing .Seems the owner and/ or the realtor who rented to the family don't want you writing cuz they are quite liable for failing to get permits, maybe that is why they don't want you to focus on that. It's not like they just painted their house, no, they made absolutely dangerous amenities to sell the place as a tourist rental. It is a tragedy, their lack of compliance to the laws caused the tourist to do unsafe things and die/

Joan Conrow said...

Dear 11:22 -- My priorities are with the poor tourist, who might still be alive today if he had stayed in a properly permitted TVR or better yet, a hotel.

Where are your priorities? With people who buy homes and turn them into commercial properties, skirting county laws and degrading the environment to enrich themselves in the process? Or is it with the realtors who promote and profit from these kinds of nefarious activities?

Anonymous said...

February 9, 2013 at 10:03 PM

Or did the consultant bring in a platter of sushi, a bottle of alcohol or big box manapua to the planning department with the money he was paid?

Anonymous said...

Again, excellent work Joan. Many of us would not have known (nor bothered to
find out) about this illegal TVR that the owner (and their brokers) are going to make big bucks from.

Of course the county should follow up on what you've unearthed! BUT the real estate brokers should also be included in the mix of perpetrators of crime and negligence. Brokers have a fiduciary duty to their clients and that means due diligence and full disclosure! The TVR ad is full of misrepresentation that IF the victim's family does sue, the ad speaks volumes. When do we Kauaians get to see/hear a single real estate broker speak up against illegal TVR's? Curses rain not only on the county officials but on all those real estate agents out to make a buck!
Thank you for your commitment to the island & to your profession.

Anonymous said...

so u say, but what i see is the use of a tragic death (the cause of which you don't even know) to further an agenda.

My priorities are with the deceased. He was family to me.

Anonymous said...

get their TVR permit revoked - i hope that the owners are sued by the family and they lose their rental.

Anonymous said...

l am truly sad for the tourists and families, it's predictable, its not furthering an agenda, but a real life example. Tourists now have access to and are staying in mighty dangerous places in many cases, between and on 2 rivers, or ones built right on the river,or far too close to the ocean.

Anonymous said...

quick question - the owners lose the house - is the TVR permit transferable to the next owner?

Anonymous said...

so, do we all sill believe Bynum was being honest about his place? even if the tenant said he was a tenant, people still believed bynum---doesn't this tell us more about the man.

Anonymous said...

Bynum was allows to have a tenant. We all are. It's not illegal. Moron. He got in trouble cause had referigerator and rice cooker. What does that say about him? Maybe he like eat half da rice and keep da rest in the refrigerator.

Anonymous said...

February 11, 2013 at 8:54 AM

You are correct - a home owner is allow.

Get over it Shayme follower.

Anonymous said...

February 9, 2013 at 9:31 AM:

I can't help reading it in my mind in Wilford Brimley's and Paul Neuman's voices. Not so much that 3rd actor.

Love it!

Anonymous said...

Back in the eighties when JoAnn was mayor I was talking to her about the problems having TVRs in residential areas would cause and that it should not be allowed to happen. Her response was that it wasn't practical to try to restrict the practice as enforcement would'nt be possible. Then she is the one who brought forth the bill we have now which allows those who'd been operating illegally to be able to be granted grandfather status. I am confused. But isn't that just The nature of politics, to keep us confused? Apparently it is. If only there could be real people who just want to do the right thing in council instead of politicians who just want to be re-elected. I don't think this system is serving us the way it should. It just keeps on getting dirtier and dirtier.