Kahala landowner put on notice for alleged coastal violations

State and county officials have warned a Kahala Avenue landowner of potential fines of hundreds of thousands of dollars due to multiple alleged violations of shoreline laws.

According to a press release from the Hawaii Department of Land and Natural Resources, notifications of these violations were sent to Asagami Corp. of Japan, owner of the property located at 4623 Kahala Ave., dating back to August 2005.

The violations include the unauthorized use of various structures, including a chain-link fence, that encroach on the public beach due to erosion.

A joint investigation was recently conducted by the Honolulu Department of Planning and Permits, the DLNR Land Division and the Office of Conservation and Coastal Lands in response to the complaints.

The team discovered that a fence and “unpermitted structures and materials” that once stood on the edge of the property had collapsed into the ocean.

Seen from the ocean, it appears to be a jumble of tree roots with wires, poles, boards, sandbags and tarps that are on the verge of collapsing as the waves continue to crash over its border.

Under state law, the DLNR said, it is illegal to obstruct access to public property and the beach transit corridor, which in this case is the shoreline.

Both agencies sent notices of violations to Asagami Corp. on Friday. and to its president Tomomi Kimura.

The DLNR said modifications appear to have been made to the fence, with the addition of wooden posts and metal cables – and that the collapsed fence and modifications are being used “as a component of a purported wildlife control device.” “unauthorized erosion” in the conservation district.

The DLNR recommended the removal of the encroachments within 21 days, saying the Land and Natural Resources Board could take action to remove them if they are not complied with.

The Honolulu DPP specifically cited the illegal geotextile fabric, chain link fence, and cable fence that are now in the removal area.

A permit was issued for the construction of the cable fence in 1992, the DPP said, but it is now no longer permitted as erosion has pushed it into the setback area.

Fines for trespassing on public land can reach $1,000 per day for the first offense, and between $1,000 and $4,000 per day for two or more offenses, the DLNR said.

Additionally, there is a $15,000 fine per violation for any unauthorized use of land in a state conservation district, in addition to administrative fees and land or habitat restoration costs.

Obstructing access to public property is also a potential misdemeanor, the DLNR said, with failure to remove the structures within 21 days subject to additional fines.

The DPP notice orders the owner to remove all items by August 7 or face an initial fine of up to $100,000, plus daily fines of up to $10,000 until all violations are corrected.

Asagami Corp., according to its website, is a leading maritime logistics or cargo handling company headquartered in Tokyo, Japan.

The Star-Advertiser attempted to contact Asagami Corp. via email, but did not receive a response at the time of publication.

Honolulu property tax records show Asagami Corp. as owner of 4623 Kahala Ave., an eight-bedroom, nine-bathroom home on nearly an acre of land.

“We appreciate the collaborative spirit in which the City and County of Honolulu have addressed this issue with us,” DLNR Chair Dawn Chang said in the press release. “This involved complex jurisdictional considerations and a joint site visit with the C&C resulted in actions at both the state and county level. We hope that all of this will lead to the restoration of the coastline there very soon.