To his many supporters in Hauula and Laie, Hopoate Taufa is a humble immigrant and community benefactor whose ignorance of arcane city ordinances has made him a target of heavy-handed government retribution.

To detractors, including some in those very same districts, Taufa is a scofflaw who has been cited repeatedly for illegal dumping and grading on his business property and has for years thumbed his nose at efforts to bring him into compliance with the law. 

On Wednesday, the Honolulu City Council voted unanimously in favor of a resolution calling for the judicial foreclosure of Taufa’s 13-acre property on Kamehameha Highway, a lot they say Taufa has used irresponsibly and illegally as construction base yard despite its designation as agricultural land.

What You Need To Know

  • The property has been the subject of neighbor complaints for several years

  • Owner Hopoate Taufa has received 10 notices for violations including illegal dumping and operating a construction base yard on agricultural land

  • Supporters pointed to Taufa's support of many in the Hauula, Laie and Nanakuli areas

  • Councilmembers cited Taufa's inaction in addressing the violations as a reason for supporting the resolution

The decision came after a long morning of testimony, many from friends and acquaintances who acknowledged Taufa’s numerous violations but pleaded for the Council to give him more time to remediate the situation. Many noted Taufa’s support of organizations, athletic teams and individuals in the community.

Lupe Funaki, a longtime Laie resident, said that Taufa stands as a positive example for residents in the area who would otherwise think that land ownership in Hawaii is impossible. She said Funaki’s missteps, from failing to get proper permits to not responding to notices of violations, may be the result of a cultural divide.

“For Pacific Islanders who come from countries that still speak their native tongue at home, even though we speak English the thinking and the operations in our homes are still very strongly tied to how things operate where we come from,” Funaki said. “So, I do have great empathy for Mr. Taufa, who very easily could be lost in the system that is very different from how things operate in his home country of Tonga.”

Taufa, 51, immigrated to Hawaii from Tonga 31 years ago.

Taufa’s problems with the city began years ago amid complaints from neighbors of illegal dumping and grading on the property.

Over the last five years, the city Department of Planning and Permitting has issued 10 notices of violation for the property, including grubbing and grading without a permit; constructing a structure, fence and utility pole without a permit; storing metal containers without a permit; and using the property as a base yard for construction vehicles and equipment in an agricultural district.

In 2020, the state Department of Health fined Taufa $17,000 for dumping approximately 100 cubic yards of construction materials into a protected wetland without a special permit from the U.S. Corps of Engineers, which regulates wetlands under the Federal Clean Water Act. Last year, severe flooding from torrential rains was believed to have been exacerbated by stockpiles of asphalt and other construction materials that elevated and otherwise changed the contours of the property, according to the resolution.

The unaddressed violations have resulted in total fines of more than $400,000 and multiple liens on the property.

A tearful and contrite Taufa himself appeared remotely to plead for more time to come into compliance.

“I feel as the homeowner who has done wrong, I have let my community down,” Taufa told the committee. “I’m just asking for an extension and mercy from you.”

“I’m a good person who made a wrong choice,” he said.

Yet, council members and testifiers noted that until recently, Taufa had not made any significant effort to address the violations.

“None of us, myself included, the Council, the Department of Planning and Permitting, Department of Health, or anybody else would have wanted to see that this is where we ended up today,” said Councilmember Heidi Tsuneyoshi, who represents the area and drafted the resolution. “But where we ended up today is based on inactions and actions on your part and the process was followed as is prescribed within the city and county of Honolulu’s ordinances.”

In explaining her vote in support of the resolution, Councilmember Andria Tupola addressed Taufa directly.

“I’ve heard you and others say it’s a Catch 22 with the violations,” Tupola said. “However, I have asked you personally if you have made the efforts to talk to DPP directly and you have not spoken to them directly yet. Friends of yours have referred you to a lawyer and you have not met with him yet. Your base yard needs to be moved off that property and you have not done that yet.”

Acknowledging her connection to Tongan culture (her husband is Tongan), Tupola invoked Tongan principles of conduct in offering Taufa advice for dealing with the situation, whatever the outcome.

“Your personal character needs to align with your business decisions and comply with the law,” she said. “When you do these things willingly, your relations in the community will be mended.