By PETER SUR
By PETER SUR
Tribune-Herald staff writer
The Board of Appeals has dismissed with prejudice a Seaview Estates man’s appeal of his unpermitted structure that neighbors are calling an eyesore.
The makeshift four-level structure sits on a site where the county has approved a 272-square foot storage and workshop. After receiving numerous complaints from neighbors in the Puna subdivision, the Building Division of the county Department of Public Works sent a certified letter dated June 8, 2011, to inform the landowners of the unpermitted construction and setting a July 8, 2011, deadline to make it legal.
When that didn’t happen, a second certified letter dated Aug. 11 was issued, giving the owners until Sept. 30 to obtain building permits, remove the violations or face a fine.
Finally, on Oct. 25, a third certified letter was sent, ordering the landowners to pay a $50 fine by Nov. 25 or face a daily $50 penalty “until corrective actions are completed.”
“This building has no redeeming qualities,” said one neighbor in a complaint filed with the county last October. “It is unfit for human habitation, is a terrible eyesore and a blight on the community.”
The respondent of the complaint, Charles Collins, appealed the order to the Board of Appeals. He sent a reply to the county stating, in part, that “Former mayor (Harry) Kim had granted an amnesty to homeowners not in compliance with the lava zone … I thank everyone involved and am heartily sorry I caused my neighbors who in my retirement I love like I love the lord, with (a)ll my heart and soul.”
He added that he hoped the world would reserve judgment “until the project is completed.”
The Board of Appeals dismissed his appeal on March 9 because of an incomplete petition. Friday’s vote finalized the order.
The dismissal means that the Oct. 25 violation issued to Collins by Public Works Director Warren Lee would stand, and that Collins has lost the right to appear again before the board.
Collins, a retired Army officer and a perennial political candidate, is seeking the Republican Party’s nomination for the U.S. Senate. In the 2010 special election for the 1st Congressional District that was won by Charles Djou, Collins finished eighth with 194 votes.
The house is listed as owned by Amber Lee and Wilda Marie Collins.
“The notice of violation was issued because of construction without a building permit,” said Public Works Director Warren Lee, who was not present at Friday’s meeting. “We’ve referred this matter to the Office of the Corporation Counsel.”
As for the amnesty claim, the law that the County Council passed in late 2006 allowed owners of unpermitted homes and residences built before January 2006 to apply for an after-the-fact approval without penalty.
But Deputy Director Brandon Gonzalez said the law had a sunset date. It also had other requirements with which Collins never complied.
“The county will take necessary steps to ensure compliance,” said Corporation Counsel Lincoln Ashida, who was not familiar with the specifics of the case.
The county has the authority to impose a daily fine of up to $1,000, ask a judge to levy a penalty, or do both.
Email Peter Sur at psur@hawaiitribune-herald.com.