Neighbors blocking Kailua easements

Question: I live in Kailua, Oahu. We don't have sidewalks or storm drains on our street, only grassy easements in front of the houses on our street. Several neighbors have started a "trend" by blocking the parking space in front of their houses with large rocks and plants. This unfairly puts the burden on the nonblocking neighbors to "provide parking" for other neighbors' guests. My father-in-law, who bought his house in the 1950s, says that what these neighbors are doing is illegal because the grassy areas are considered "sidewalk." I would appreciate knowing what is the law in this case.

Answer: Neighborhoods with public roads must have a certain width of property abutting the pavement or curb reserved for sidewalk use. The city may own this strip of property or have an easement to use it. The Honolulu City Ordinances require that property owners whose land abuts a public street must "continually maintain, and keep clean, passable and free from weeds and noxious growths, the sidewalk and gutter area." The planting of trees and placement of rocks in sidewalk areas would violate city ordinance, unless the owner obtains a permit from the city to improve the sidewalk.

In neighborhoods that do not have paved sidewalks or curbs, it is difficult to know when you are parking your car illegally, because parking on a sidewalk is illegal. However, obstructing the normal flow of traffic by parking in the road also is illegal. Consequently, local police might be hesitant to cite and tow vehicles parked along the roadway when sidewalk and setback areas are unpaved and unmarked.

The City and County of Honolulu Department of Permit and Planning's Enforcement Branch handles complaints related to property owners failing to maintain or obstructing sidewalk and setback areas. If the city determines that the owner has failed to keep the sidewalk clean and notifies the owner of the violation, the owner has 20 days to comply with the notice before being charged by the city for the cost of cleaning the sidewalk. The Enforcement Branch can be reached by e-mail at info@honoluludpp.org or by calling 768-8159.