North Shore vacation rentals go to court
By Eloise Aguiar
Advertiser North Shore Writer
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Private citizens have turned to the courts to accomplish what they say the city has failed to do: enforce zoning ordinances against alleged illegal vacation rentals in their North Shore neighborhood.
But the city said it did investigate the problems highlighted in the lawsuit and addressed the situation, obtaining statements and proof that the short-term stays at the beachfront homes were either to friends or are now for more than 30 days, which is allowed under the code governing such rentals.
The suit underscores the continuing controversy surrounding bed-and-breakfast operations and short-term transient vacation units where neighboring property owners and other residents complain of loud partying, increased traffic and changes in the atmosphere of their neighborhood.
Rental operators and other advocates say such businesses thrive worldwide, offering tourists a way to learn about a place and interact with residents.
Joseph Pavsek and his wife, Ikuyo, of Hale'iwa, filed suit in Circuit Court on Tuesday asking the court to stop illegal vacation rentals including any bed-and-breakfast operations in their Papa'iloa Road community.
They also asked the court for damages, attorney's fees and to require the owners of the operations to forfeit all money received from the alleged illegal rentals.
Attorneys for the Pavseks said at a press conference yesterday that their clients are using a 1957 law to argue their case. The law allows private citizens affected by city zone violations to ask the court to stop those violations, said Tom Bush, attorney for the Pavseks.
"Hopefully this will be a way O'ahu residents can take back their neighborhoods and prevent the commercialization of desirable areas," Bush said.
The suit was filed against Todd W. and Juliana C. Sandvold, Kent and Joan Sather, Waialua Oceanview LLC, Hawaii Beach Homes Inc., Hawaii Beach Travel Inc., and other unnamed defendants.
The defendants could not be reached for comment.
The Pavseks allege that these people and organizations have rented, operated or managed vacation rentals at 61-703, 61-707 and 61-715 Papa'iloa Road since the summer of 2006 until today despite a number of complaints to the city.
According to the lawsuit, the Pavseks spoke with renters who gave them details of their short-term rentals and how they learned of their availability.
City code allows for rentals of 30 days or more. Anything less is considered vacation rentals and is illegal in residential communities without a permit. None of the homes has permits, the lawsuit says.
The city Department of Planning and Permitting did investigate the three homes, city spokesman Bill Brennan said. He released these notes from the inspector's report:
The city is considering changes to the regulations governing bed-and-breakfasts operations in residential communities. But the changes probably would not affect this situation because the Pavseks allege that these operations on their street are transient vacation units, where there is no owner living in the premise. B&B operations have an owner living in a home where bedrooms are rented.
The Pavseks will seek a preliminary injunction asking the court to stop the rentals while the case is being processed. A date to seek that injunction has not been set.
The Pavseks are concerned about the way these rentals have changed the character of their neighborhood and are not satisfied with the city's actions, Bush said.
Reach Eloise Aguiar at eaguiar@honoluluadvertiser.com.
