Sure, it started with a noise complaint...but...

Sure, it may have started with a noise complaint, (within lawful hours) ..but....The City & County of Honolulu sent me a notice of violation for "producing Tikis at home to be sold elsewhere", they say I "can't store materials or supplies outside" and they even want to restrict what I can "store inside".

What If I was a a quiet painter producing works for craft fairs Etc. As long as I don't make noise during unreasonable hours should it matter what kind of art I produce?

Has anyone dealt with this kind of problem that threatened their Freedom of Expression?

Ouch! Sounds like someone has it out for you. I recommend doing lots of regulatory research and or talking to a friend in the legal business. Things are likely different here, but I doubt they can keep you from storing wood on your property - as long as it isn't a major mess, a code violation, or a hazard. Additionally, I don't think they have any control over what can be in your house (aside from something nutz like farm animals etc.). I'm not a lawer, I write regulations, but lots of my friends are lawyers - and one is in the islands. I'll sniff around a bit, but I recommend you really look into this before it gets out of control. Maybe ask for a copy of the complaint/police report as well. It should indicate who made the complaint and what regs you may have bent. If you can give me the code citations I may be able to access them online and give them a read. Good luck.

Oh, one more thing...You can get shut down for noise at anytime in most places if it exceeds the legal limit on db. However, if anyone cuts grass, uses an edger, or any other power equipment it should fall under the same code they say you are violating.

-Gman

"The saw is family"

[ Edited by: GMAN 2007-05-16 03:15 ]

How can a person be cited for creating Tikis to be sold elsewhere?

Get a lawyer, and fast.

If these guys are stepping outside their own regulations, you can sue them back in spades. It's great sueing the city and winning, it happens all the time, and it sets a precedent that will prevent you from ever being cited for anything remotely similar again.

If you buy a chainsaw, where are you supposed to use it?

Log-wise, the best neighbor is a fence.

On 2007-05-16 06:35, Cammo wrote:
How can a person be cited for creating Tikis to be sold elsewhere?

I would guess this is a poor way of them saying running a business out of your house without either/or license or zoning, maybe.

I'm not defending the city of Honolulu, just giving a point of view.

My wife has an Oceanside city business license to manufacure at home, but cannot conduct sales at home. She has to either ship or do delivery. She's a seamstress.

Mahalo to everyone.

We do have a business license. And here is the code.....

http://www.kauai.gov/portals/0/planning/SFVR/Oahu%20BandB%20proposed%20bill%20dela%20cruz.pdf

ROH 1990, Chapter 21 Section 21-5.350

Meanwhile I'm calling it a "Hobby" (a big F..'ing Hobby) the tikis in my garage are now "Landscaping". I'm moving the logs around so the backyard looks like a tropical Stonehedge, AND I'm gonna carve like mad for the next 30 days that the city has given me to comply.

The neighbors are going to LOVE that.

..it's time to show the neighbors your new chainsaw.....up close.

Yeah, they got you on two counts brah. You gotta move those logs inside, and you have to make a sound deadening enclosure for your work.

You are not likely to get any slack for calling it a hobby. You've been outted. The business license changed that for good.

Sucks.

The City & County called back and said they made a mistake about selling and producing Tikis at home. Now I just have to build a better enclosure for the noise & move my logs & supplies anywhere away from the front of the house.
That's do-able.

But thanks everybody for your advice and support.

Now I have to introduce those complaining neighbors "to my little friend"...Bzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz