Kauai resident Eddie Ben-Dor is facing
criminal prosecution for operating a vacation rental in Hanalei
without a permit.
Ben-Dor, a New York diamond broker, is
set to be arraigned Sept. 10 on a misdemeanor charge of violating the
county zoning ordinance. He allegedly continued to operate Hanalei
Villa, an unpermitted TVR on Weke Road, after the county had ordered
him to cease and desist.
Though the VRBO site for Hanalei Villa
has been shut down, I found it on Flipkey, offered by his daughter,
Maile, now a Realtor in Southern California. The availability page
showed it is booked right through Daddy's arraignment date, and the
Christmas holidays, too.
The four-bedroom, three-bath, sleeps-12
TVR is billed as having two full kitchens and two living rooms, and
can be rented as a multi-family dwelling, which is also illegal: “The
house can also be broken into smaller private suites to fit parties
of all sizes.” The full house rents for $5,800/week during the low
season, while the Plumeria, Gardenia and Hibiscus suites average
$2,000 per week.
As a disgruntled renter wrote regarding
a cockroach-and-mold-infested May 2014 stay:
[F]or over $2000, you expect a minimal
level of quality. Here, the owners are cashing in on a near-beach
location - they have absolutely no interest in putting any of their
money into fixing this disaster zone.
In the end, we have complained to
VRBO and will be seeking a refund through Amex. Interestingly, the
Hanalei Villa website no longer works and the VRBO listing has
disappeared. Very odd; I just hope the health inspectors have closed
the property and that the owners will be obligated to sort the place
out. It's an absolute disgrace.
Ben-Dor is the first person to actually
be served a criminal summons as a result of the county's TVR
enforcement crackdown, which was prompted by this blog's Abuse
Chronicles series.
“We've filed charges in some other
cases, but the issue is finding the person to serve them the
summons,” said Prosecutor Justin Kollar. “Most of them do not
have local owners.”
That's right. Many of the TVRs are owned by
mainland investment consortiums, whose members get tax benefits from
flipping these commercial properties — at the community's expense.
But Ben-Dor, who built that horrid
monstrosity on Manoa Stream, adjacent to Haena Beach Park, does live
here. So he got nailed as the Planning Department and Office of
Prosecuting Attorney (OPA) worked together to identify offenders who
won't come into compliance.
“We haven't given up on the case with
out-of-state owners, [we] just have to be persistent,” Justin said.
I presented a few questions to Planning
Director Mike Dahilig, via county spokeswoman Beth Tokioka, and got
this reply:
Planning initiated the investigation
and referred the matter over to the Prosecutor's office given the
severity of the infraction (TVR with no certificate).
Planning is actively pursuing three
other illegal TVRs with no certificates.Whether they are referred to
OPA will be dependent on the evidence gathered.
We cannot speak to Justin's
prosecutorial discretion, but Planning has other means with which
they can deal with infractions (such as civil fines), and they will
not be hesitant to use them in situations where they need to compel
compliance. This past year Planning collected close to $150,000 in
fines for violations of our codes — the majority from TVR
violations.
If convicted — and let's hope the OPA
doesn't work a plea bargain — Ben-Dor faces a $1,000 fine and/or a
year in jail. The fine seems pretty meaningless, since the house
starts at $882 per night. A jail term, on the other hand, would issue
a strong warning to other scofflaws. The courts regularly send
desperate drug addicts to jail. Why not a money addict? Or in this case, an arrogant person of
privilege.
Speaking of which, I was amused to see
Andrea Brower — daughter of privilege and darling of the anti-GMO “red-shirts” — write in a piece for the Common Dreams
website:
We will only challenge the cruel modern
structures of privilege and poverty if we overcome our collective
disempowerment...
Andrea, who was living on her parent's
million-dollar, non-farming ag estate before jetting off to New Zealand for
graduate school, rants about the horrors of the
capitalist system that has benefitted her so handsomely, before
writing:
And perhaps most counter-intuitive, we
are forced into apathy or fear of the “Other.”
This from the wahine who spent many months
last year demonizing the chem/seed companies and their workers as the dreaded “Other,” who intentionally whipped up a frenzy of fear and a cult
of ostracism by accusing them of wantonly poisoning the aina and
destroying the health of their fellow citizens.
She goes on to write:
Yet despite the savagery that our
system demands, we still do not abandon our most innate drives for
mutual-aid, compassion and solidarity. In fact, what is most evident
all around us, all the time, is our incredible generosity,
sensitivity to fairness and the wellbeing of others.
Really, Andrea? Where was your "sensitivity to fairness" as you lobbed totally undocumented accusations, exaggerated the level of support, led a movement that viciously savaged anyone who even dared to
disagree?
Where was your concern about the "wellbeing of others" as you branded local farm workers "ecoterrorists," sought to destroy the livelihoods of immigrants supporting their
families in the Philippines with jobs in the seed fields, thoughtlessly rent the tight-knit fabric of a community that once nurtured you?
So much easier to write the talk than actually walk it.
Meanwhile, fellow “fistee” Felicia
Cowden, whose KKCR show supplied a steady stream of anti-GMO trash talk, posted this woeful lament on Facebook about her struggling
County Council candidacy:
I need my friends to stand with me and
walk in the communities that do not know me. It is a completely
different reception when I am alone as I approach people from
different communities and ethnicities than when I am with someone
they trust. For the most part, people who believe in me from various
communities different than myself have not been willing to walk with
me. People that are clearly rooting for me are not available when I
am come to town. I also need to be more organized and do not have the
support of a campaign machine. The strong, new challengers are
financed by their industry that remains unclaimed on the candidate's
statement papers.
Poor Felicia. It must be so scary to
leave the rarified white air of the North Shore and actually face all those
brown people who don't listen to KKCR, whose livelihoods she still seeks to
destroy, whose spirits she helped trample, whose interests she claimed to represent.
As Chuck Lasker noted in re-posting
Felicia's whine-a-thon:
note that she has all these
"supporters" who won't help her (that's called "not a
supporter")
I know, some of you will brand me mean to call out Felicia and Andrea (though I doubt Eddie will
get much sympathy). But please, spare me your anonymous denouncements and take
off your blinders instead.
Because, as the saying goes, karma's a bitch.