A letter to the editor in today's The Garden Island slammed Councilwoman JoAnn Yukimura over her hesitations regarding Bill 2491, the proposed pesticide/GMO ordinance. Jasmine Schaefer of Princeville wrote:
If we enact laws, people will not have the right to break them on their private property. Enact the law, JoAnn. Enforce it.
Ah, Grasshopper. If it were only that easy. But haven't you noticed that Kauai County has an enforcement aversion?
Heck, it can't even enforce camping regulations at Hanamaulu Beach Park without closing the whole place down at night. And while some of us would love to see that happen to the chemical companies, they're likely to put up a tougher fight than the homeless who will slink away from Hanamaulu to Anahola, Niumalu or downtown Lihue.
Enforcement — or more specially, a decided lack thereof — is one reason why we have so many improperly permitted and downright illegal transient vacation rentals. Two others are greed and deception
Which brings me back to Hale Pulelehua, a TVR first featured in Abuse Chronicle s#17. When the county initially, and properly, refused to grant a TVR certificate, attorney Lorna Nishimitsu threatened to sue for a “taking” — even though it had never been a TVR before and the owner failed to prove it was eligible. The stumbling block was a guest house with an unpermitted kitchen. In a blustering letter to the planning department, Lorna claimed the guest house was irrelevant:
The NUC [nonconforming use certificate] was sought for the Dwelling and not the Guest House. Whether or not the guest house, for which NO NUC was sought, may have not been in compliance with all state and county land use laws should not have been a determining factor in the denial of appellant’s application, and yet it was used as the sole basis for such denial.
The county caved and issued a certificate for the sleeps-10 main house. But guess what? Oh, you're too quick. Yup, that's right, the guest house for which NO NUC was sought nor granted is being actively rented.
The ad on vacation rental by owner offers small group discounts and openly proclaims:
Other amenities include: Outdoor shower, barbeque grill, Wireless High Speed Internet, quality linens, beach chairs, umbrella, and beach towels. One bedroom guest house
Keywords: Guest House available for larger groups
Heck, there's even a photo with the caption: Hale Pulelehu`a guest house.
The guest reviews tell more of the sad story:
We moved into Hanalei from Haena which was a huge difference being in town. The beaches on weekends were very busy. We had finicky friends stay in the guest house and they could not have been happier.
We had two families for a total of 10 people and we had plenty of room in the kitchen and living area. We also used the "tree house" which was nice as well. The tree house is detached from the main house and you can feel a little disconnected from the main house, but that can be a good thing. It's just a few steps through the yard to get to the main house.
Just a little FYI for planning director Mike Dahilig as he reviews renewals. You might want to double check this one. If nothing else, it will give Lorna some billable hours as she fabricates a tale to explain it all away.
Oh, and while you're on the North Shore — I mean, if you do actually take a drive up there — here's another one to check out: KauaiBeachfront Retreat.
The owners applied for a TVR certificate, and weredenied. But why let that stop you from making $199 per night? The calendar shows it's pretty much all booked up.
No wonder it's all rainbows for this property owner.