Haiku and Paia Property Owners Pay Settlement in County Suit Over Permits

January 26, 2010, 12:44 PM HST · Updated January 26, 1:01 PM
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The County of Maui has received payments totaling more than $19,000 as a result of settlements of two cases brought against property owners who were cited by the County’s Department of Public Works for failure to obtain building and other required permits prior to commencing work on their property in violation of the Maui County Code.

Defendant Michael Malek paid $10,000 in fines to settle the County of Maui’s claims filed against him in the Second Circuit Court case, County of Maui v. Michael Malek, for doing grading work, plumbing work, constructing a rock wall and building a barn on his Haiku property without obtaining the necessary permits.

Seashore Properties LLC, owner of the property on which the Paia Inn Hotel, Paia, Maui is located, paid $9,160 to resolve three disputed Notices of Violation issued to it by County building inspectors. The Notices alleged that Seashore had performed work on the property without first obtaining required building permits. Seashore denied these allegations, filing appeals of the Notices with the Board of Variances and Appeals. The appeals have been dismissed.

In addition to these payments, both property owners had to obtain the required permits, paying an additional penalty amount for the issuance of the after-the-fact permits as provided for by the Maui County Code.

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The County was represented in these enforcement cases by Deputy Corporation Counsel Mary Blaine Johnston. Malek and Seashore Properties were each represented by private attorneys.

(Information courtesy: County of Maui)

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