COURTESY PHOTO A Kauai man was cited recently for having excessive junk in his yard, shown here earlier this month. To avoid jail time, he must clean it up within six months.

Kauai man agrees to
clean up mess to avoid jail

The property contains 38 trucks,
5 vans and 3 school buses

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By Craig Gima
cgima@starbulletin.com

Threatened with jail time and fines, a Kauai man has agreed to clean up what the state calls an "open dump," according to the Attorney General's Office.

Benjamin Kali Sr., of Hanapepe, kept 38 trucks, five vans, three school buses, 14 sedans, two boats and several trailers on his property, an adjacent property and on Akea Road where his property is located, said Deputy Attorney General Colleen Chun.

Chun said the property has been the subject of complaints since 1999. She said the state Department of Health referred the matter to the attorney general for prosecution because the area was attracting rodents and because of other safety concerns.

Kali was not available for comment.

He was prosecuted under a law passed in 1998 that allows for up to 30 days in jail and a $25,000 fine for those convicted of dumping more than one cubic yard of solid waste anywhere other than a permitted solid-waste management system.

Chun said Kali represented himself in court and claimed state laws do not apply to him because of Hawaiian sovereignty.

But last Friday, Kali pleaded no contest to the charge, and Kauai District Judge Joseph Kobayashi granted a deferral of the plea with the condition that he clean up the property within six months.

"People think, That's my property I can do whatever I want, but that's not true," Chun said. "There are laws that govern how you use your property."

Chun said she has also used the law to get two Leeward Oahu sites cleaned up.

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Hawaii Department of Health