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Kokua Line

By June Watanabe

Saturday, January 13, 2001


Neighbor’s ugly
fence falling over

Question: My property line is currently walled and fenced on my neighbor's side. But the wall and fencing in wood is termite damaged and beginning to lean into my yard. The wall houses mice in cracks and my neighbor has replaced some of the boards with various materials, chicken wire and corrugated iron. What is the code to maintain walls and fences and who is responsible for the upkeep? What government agency would aid in resolving or avoiding any future conflict? I have read that fencing must accentuate both homeowner's property. Is this true? I have tried to discuss this matter with my neighbor and want to avoid needless bickering. I need the law to assist me.

Answer: It's not necessarily who built the wall that determines responsibility, but rather, whose property the wall (or fence) is on, according to William Deering, chief of the city's Housing Code Section.

If the wall or fence somehow is protruding onto or straddling your property, there might be a question about who is responsible.

Ultimately, "it might become a civil (lawsuit) matter," he said.

Call him at 527-6308 and he can send an investigator to check the situation and determine whether a permit was issued to build the wall/fence.

"If we saw the fence leaning and causing a hazard, and the fence is on the opposite property ... we might tell that person he has to do something about his fence," Deering said.

As for whether fencing must "accentuate" both homeowner's property, there is nothing in the law requiring this, Deering said. Whoever builds a fence or wall is supposed to build it on their own property. If so, "I can make it one finish on my side and if I don't like the neighbor, I can make it ugly on his side and technically, we cannot stop them as long as it's on his property."

If you're concerned about mice or rats, that becomes a health issue and you should call the state Department of Health's Vector Control Branch at 831-6767.

Legal Aid tax services

The Legal Aid Society of Hawaii is offering free, confidential tax preparation services to low-income people who speak English as a second language. For information or to make an appointment, call 528-3482.

Auwe

To the driver of an Isuzu SUV who parked on the line next to my smaller car in a Mililani Shopping Center parking lot. Because I had bulky packages, I had to put them in on the passenger side. Getting in on the driver's side, my door still touched the SUV. Why can't people who own these vehicles park next to their own kind! -- No Name

Mahalo

To John Kawata and Sears Pearlridge. We want to express our thanks and appreciation for the efforts of the wonderful Pearlridge Sears volunteers and their families who did a super job of painting and fixing up our campus last fall. Teachers thought their classrooms would never get a paint job. Now staff members believe in menehune and can't wait for your return. James Campbell High School and the Department of Education is fortunate to have such a caring community partner in Sears Pearlridge. Your 50-plus volunteers and their families were able to concentrate on maintenance projects that had been scheduled for months but because of emergencies had never been finished. Sears is truly an education partner. -- Robert Elliott, vice principal, James Campbell High School





Need help with problems? Call Kokua Line at 525-8686,
fax 525-6711, or write to P.O. Box 3080, Honolulu 96802.
Email to kokualine@starbulletin.com




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