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The Honolulu Advertiser
Posted on: Friday, January 25, 2008

MY COMMUNITIES
Vacation rental operators hit back

By Eloise Aguiar
Advertiser North Shore Writer

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Homeowners who are the object of a civil lawsuit that accuses them of operating an alleged illegal vacation rental operation shot back at their accusers and what they called the "brazen and unfair publicity stunt" over the announcement of the action.

Joseph and Ikuyo Pavsek filed suit this week asking the Circuit Court to stop three of their Hale'iwa neighbors on Papa'iloa Road from allegedly renting out their homes on a short-term basis in violation of city zoning laws. The lawsuit said the owners and four companies advertise the rentals over the Internet.

The defendants are Todd and Juliana Sandvold, Kent and Joan Sather, Waialua Oceanview LLC, Hawaii Beach Homes Inc., Hawaii Beach Travel Inc., Hawaii on the Beach Inc. and others.

Through a statement released by their attorneys, Hawaii Beach Homes Inc. and the Sandvold family said the issue of vacation rentals is broader than the defendants to this suit.

"We believe this to be a brazen and unfair publicity stunt by virtue of disclosure to the media before we, or any of the other defendants in the suit, have been formally served with the complaint," the statement said.

None of the other defendants could be reached for comment.

Illegal vacation rental units and illegal bed-and-breakfast operations have pitted neighbors against neighbors across the island for years. Several legislative attempts have been made to settle the controversy, and the city is once again working on the issue.

The city Planning Commission is reviewing two amendments that would overhaul a 1989 ordinance that banned any new bed-and-breakfast operations and new transient vacation units. The first amendment would repeal that measure and allow bed-and-breakfasts in residential communities, but also set up ways for neighbors to block the lodgings before they open.

The second would require operators of transient vacation units, including bed-and-breakfasts, to list their permit number and addresses in advertisements. It would also establish fines for noncompliance.

But these amendments don't address the transient vacation units that are allegedly operating on Papa'iloa Road.

The lawsuit said the alleged illegal operations cause increased traffic noise and congestion, negatively affect the value of the Pavseks' property, interfere with the enjoyment of their property, destroy the character of the neighborhood, overburden a private beach right-of-way and increase noise, trash, cigarette butts, beer bottles and drug paraphernalia in the neighborhood and on its beachfront.

The Sandvold family and Hawaii Beach Homes said they would prevail against the charges in the lawsuit.

"With respect to the allegation in the complaint that has been filed, we will only state that we are good neighbors and have not caused the injury alleged by the plaintiff to this lawsuit," the statement said.

Reach Eloise Aguiar at eaguiar@honoluluadvertiser.com.