#1 All Rise!
When negotiations collapse, it's time to Fight
One of the most mentioned Rights in the US Constitution is Property Rights it was declared that government cannot deprive any person of "life, liberty, or property" without due process of law. As a proud, and lucky citizen of the Great State of Arizona I also have the Private Property Protection Act, to shore up any shortcoming in our Federal Constitution and it protects my right to “use” my property as I see fit as well.
Property is more than just dirt, it is our cars, our wedding rings, our bodies and the blood and bones therein, our Blog Posts and all intellectual property, even our homes, and yes, the dirt they set on. The founders believed in property rights so much so that they went as far as to say that property rights were what made all other rights valid.
One could not have freedom of religion if he or she could not build a church, nor freedom of speech if owning a Printing Press and the buildings for that press required a “permission slip” from a local government that thought you might write negative articles about them.
When you think about it, it makes perfect sense why Property Rights are mentioned almost 14 times in a 3500-word document called the US Constitution and is why Agenda 21 is so tyrannical, because its goal is to remove the antiquated term “private property” from our lexicon, our laws, and from our rights altogether.
The importance of pushing back, resisting much, obeying little, and non-compliance, is paramount, but, they are only words, and once you truly push back, you will get to exercise another great right, and that is “your day in court”.
This series of posts will be the lead-up to my Day In Court, it is as much for me as for the reader, because I need to layout my last two years of Non-Compliance in a timeline fashion to study for my upcoming Case.
So follow along, Comment if you want, as we go down the bureaucratic rabbit hole.
Trespassing
Close to two years ago from this article being published, I came home to find a “Stop Work” order flopping in the wind and taped to the new wall of my addition. It was on 12/04/2019 when some un-elected bureaucrat in training driving by my property in a city vehicle, paid for no doubt by me and all the other tax-paying plebs in the city noticed that I had new walls erected, and standing 12 feet in the air.
OMG!!! He must have thought, I am duty-bound to March Up to this dwelling and see what is going on, and why was I not informed? I must stop this abomination before the Earth rotation stops and we all fall off, and for that reason alone it is a dire Public Health and Safety concern.
This must have been quite a shocking surprise to someone like him, a rooky “Brown Shirt” in training, to see such a blatant display of Non-Compliance. It must have bothered him so much so that on 12/12/2019 he brought his superior along to see the display of disrespect to their assumed authority, and leaves another “Stop Work” Order stating the same thing as the first piece of pink paper.
Now, I want you all to pay close attention to two things. The first is those two dates because they will be important in Court. Why you ask, well because there are 8 days between the two “Stop Work” orders, BUT, according to the words on those Pretty Pink Orders I have 12 days to respond, and that is Harassments by any legal standards. The second is that neither of the notices had my name listed, and one had no address, and the other had the wrong address altogether.
During this second visit I was home and talking to my Wife on the phone as I drank my coffee, I told her that they were just standing by the front driveway gate and looking lost. We chatted for about 20 more minutes until I decided to go out and ask them, WTF.
The older of the two, who looked like Grumpy from Snow White, asked me if I had seen the “Order” his Trainee, that I will call Dopey, had left on the prior date. I said yes, and that I had been curious as to why Dopey had Trespassed onto my Private Property and proceeded to vandalize my home with his Pink Paper.
This might sound odd to call it vandalism, but what would it be called if you or I went onto City property where they kept their tractors and trucks and taped a sticker on the equipment. Trespassing and vandalism, that’s what.
Grumpy did not like that question and proceeded to tell me that he had the “authority” to enter my property the same as a Mailperson, now you understand the Nick-name Grumpy? If I had gotten a Permit then yes, he could enter my property whenever because the Permit is an invitation to enter without consent. I didn’t engage with his uneducated remark and told him that the Stop Work Order has no Arizona Revised Statute, or any City Ordinance listed, so I had no idea what he was complaining about. Then I explained that I could quote the three State Trespassing Statutes if he needed a refresher and that I would appreciate it if they would refrain from trespassing again.
Grumpy took the Stop Work Order from Dopey wrote a code on it and then handed it back to Dopey who then handed it to me with his card and they got in their truck and drove away.
Meet and Greet
Doing my Due Diligence I looked up or tried to look up the Ordnance on the City’s website to no avail, during my search I read that a copy must be kept in the City Office at all times, so I went there to find out what the accusations were. The assistant at the desk told me that the copy was not in the office. FYI it is required by law that there be a copy in the City office. So, I set up an appointment to discuss the issue with the City Manager.
On 12/17/2019 I met with the City Manager and we had a pleasant, but nonproductive meeting. As we exchanged pleasantries she mentioned that she was a small-town girl that just happened to work in City Government, but did not like politics. In hindsight that was totally false because it appears that she lives for politics, and even after all her years in Management, I would later come to see that her negotiation skills still totally suck.
She could not find the Ordinance referred to on my Stop Work Order (that let’s not forget was added only after I brought it up), and tried to call the City Attorney, but he was out of his office. I ask if the City had an Opt-Out option like the County has for Owner-Builders but she told that they did not, but wished they did, she then said that she would email a PDF copy of the Ordinance to me, which I did receive later that day.
It is upsetting to see that our bureaucratic members of City Hall can’t, or won’t follow the rules set up for them like having a Copy of the Ordinance in the Office as required, but no, they blithely trample on our rights on every front and think we are the lawbreakers, then they have the audacity to show up in force to make us comply with their wishes.
After reading the Ordinance I emailed her back and ask to set up another meeting to discuss the matter more fully now that I knew what the complaint was about, but this meeting never happened due to scheduling problems with myself and her. We exchanged more emails where she ask if I would start the permit process, which I declined because I still wished to discuss it more with her first.
Grumpy strikes again
On 12/30/2019 I received a Legal Notice, “Abatement Of Violations” by Certified Mail no less from Grumpy, he sure has a way of making me shake in my Moon Boots, an Austin Powers reference. I make light of this because it is a Scare-Tactic, and is used quite often by these Un-Elected Bureaucrats that continue to usurp authority they were never granted.
Speaking of Planning and Zoning by the way, did you know that these policies have their roots in racism, it was actually created to keep Black families out of predominantly White neighborhoods, and to this day it still has racist text in the language. I tell you this because City’s will now say it is all about Public Health and Safety. But, it has always been about control of the masses.
Back to the Abatement Of Violations letter which was full of blah, blah, blah, and some public health and safety threw in to sound all concerned, but this is where it starts to get confusing.
In the next post I will get into some of the legal nuts and bolts of this case, but for now, keep in mind that when you Resist, they will push back, and try to intimidate you. This is why you must not fold at their first attempt to drag you into their world, remember that at this phase of the process, the Burden of proof lies with them.
I have been in this phase for two years now so don't get all flustered and admit to anything. Do Not engage but let them do all the talking, and try to keep it all in emails, that was something I wish I had done more of.
I will admit that this has worn me down emotionally, and I have to remind myself from time to time that I have done nothing wrong, I am not the Bad-Guy, they are.
It is their stupidity that forces us to fight, their ignorance blinds them and their apathy slows their ability to think, and it is their desire to control those they are supposed to serve that makes them Tyrants.
Links
Hi Mark: Very well written, as was your post on "racist" housing policies. What happened with your court date on the 1st?