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The Honolulu Advertiser
Posted on: Monday, December 1, 2008

City pressed on Kalihi home

By Mary Vorsino
Advertiser Urban Honolulu Writer

Hawaii news photo - The Honolulu Advertiser

A neighbor says the remaining illegal structures at this house at 1732 Gulick Ave. look unstable and could come down with more heavy rain.

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A little more than a month after a Kalihi home with makeshift additions partially collapsed, leaving at least 50 people homeless, neighbors are calling on the city to move faster to clean up the property and make sure more debris doesn't fall into a stream behind the residence.

"A whole lot more should have been done at this point than what has been done," said neighbor Jay Young, adding he believes city inspectors could have acted months ago — before the collapse — to make sure that the property was cleaned up. "They've had the opportunity to end this thing."

During heavy rain last weekend, debris from the collapsed illegal structures washed downstream, Young said. The remaining illegal structures on the property — portions of which extend into the stream — look increasingly unstable and more could come down with a downpour, he added.

Meanwhile, the city says it is working as fast as possible to clean up the mess.

On Oct. 28, the city gave the owners of the home at 1732 Gulick Ave. 90 days to tear down the illegal structures — some as high as four stories — that are attached to the residence. Property manager Daniel Cunningham is doing that work himself and has barred city workers from entering the property to help, Henry Eng, city Department of Planning and Permitting director, said in a statement last week.

ISSUE HEADS TO COURT

Now, the city is seeking court action to enter the property.

"Because Mr. Cunningham has not consented to the city's entry into his property," Eng said, "the city cannot do so without authorization by the court. The city is currently preparing to take legal action against the owners of the subject property and cannot accurately predict a timeframe" for a decision in the case.

However, he added, "the city is hopeful" that the court will return "a favorable decision in the near future."

The illegal structures, one of which collapsed Oct. 26, are made out of little more than plywood, tarpaulins and metal bars. They housed dozens of tenants, including families with kids, who paid $250 to $750 a month for small rooms and shared two bathrooms and a stove, residents of the house have said.

Eng said that Cunningham, who is not listed in property records as the owner of the property, but said he was given the home by its former owners, granted city workers permission Nov. 12 to enter the property and "demolish the partially collapsed structure and remove the debris" at Cunningham's expense.

A day later, he denied city workers access to the property, then once again agreed to let them on.

'SIGNIFICANT DELAYS'

On Nov. 14, Cunningham again changed his mind, denying the city permission to remove the debris.

"The city has attempted to resolve these matters without resorting to adversarial legal proceedings. However, Mr. Cunningham's capriciousness has caused the city significant delays and has left us with little hope of resolving this matter out of court," Eng said in his statement to The Advertiser.

Eng added that the city is also still pursuing foreclosure action against the property because of more than $53,000 in fines for the illegal structures. It's unclear how much the cleanup work will cost the city or how long it will take for the city to foreclose on the property, he said, adding he is seeking bids for the cleanup.

Meanwhile, Cunningham, a former mayoral candidate, said he's working to hang on to the home.

"I'm cleaning and refinancing the house," Cunningham said, in an interview at the Gulick Avenue property last week. "I hope to get a permit so that I can put back up what I've already had to take down."

Cunningham said he is not living at the property, though he said he is providing "security" during most daylight and some nighttime hours. No one is allowed to live on the property, since the city posted "notice of unsafe building" signs on the home after the collapse.

Reach Mary Vorsino at mvorsino@honoluluadvertiser.com.