Sidewalk encroachments could cost you
According to the Department of Planning and Permitting, the space between the property line and road is called the unimproved sidewalk area and the property owner is responsible for it even though they don't own it.
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It's a lesson one Hawaii Kai homeowner is learning after getting a notice of violation in the mail on April 30 for unauthorized gravel in the planter strip. The homeowner asked not to be identified.
'We've been here like over 30 years and then nothing ever happened. Nothing has never been mentioned, but suddenly we got that letter so it kind of freaked out,' the homeowner said. 'If it's gravel, what's wrong with this gravel?'
According to DPP, four other homes on that street also received notices.DPP said gravel is generally not permitted because it can create a hazard or interfere with storm water drainage. However, the property owner may apply for a surface encroachment authorization request to get an exemption. Without an authorization, the gravel has to be removed.
The standard ground cover is lawn grass.
Just about everything else is considered a surface encroachment including:
Rocks and boulders
Fruit trees
Paving and concrete for parking
Thorny plants like cactus or bougainvillea
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DPP said they don't go looking for these things, they are 'complaint driven.'
And it doesn't matter how long ago the changes were made. Without an authorization, they are in violation.
Real estate broker Kasandra Shriver said that's often where the confusion lies.
'So it's just really about making sure that you know where your property lines are, and you appreciate that while you're responsible for certain areas, it doesn't mean that it belongs to you,' Shriver said. 'You can't do anything there.'
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Homeowners are given 20 to 60 days to return it to its original state according to the Hawaii Revised Statutes.
The law also specifies that if homeowners do not return the area to its original state within the allotted timeframe, the city will do fix it themselves and send the homeowner the bill for the service.
Shriver said the best thing to do is contact the city if you ever get a notice.
'I imagine if you need a little extra time, that they would be willing to grant you that extra time,' she explained. 'I think it's the folks that don't respond that stick their heels in and say it's been this way. So I'm going to leave it this way. That will have the most issues.'
An application for an authorization costs $200 and can be done online. Click here for more information.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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