As I ponder this post, I was wondering what I wanted to get out of this shit-show called “My Case”. Is possible to have my Moral Compass line up with my legal position?
Yes, if I choose the right, fight to be free, and live as a good American, then they are one and the same.
On January 3, 2020, the City Manager showed me that her alleged values of being a person that does not like Big Government and a desire to remain a “Small Town Girl” had gone out the window.
The email starts out nice enough, Thank You for wanting to be part of the solution and wishing to work things out as you had in the past. Then it goes into the blah, blah, blah, and this time we need more blood from you than the last time. Closing with some stupid comment that these codes are for my “Safety” and if I don’t get a permit I won’t be able to sell my home in the future.
This is what is called a psychological sandwich, it’s an old trick that still works on many people and tends to give false hope.
The strategy goes like this.
Thanks, and you’re awesome. This is the first slice of bread.
BUT, we’re going to “Wrack You”, and you are wrong! A thick layer of S**t
See it our way and there is still hope. Last slice of Wonder bread.
Once again, don’t fall for these tactics, they are still fishing, and if you bite, case over, they win, so let them talk, and talk.
In my last post, I mentioned the Abatement of Violations letter received on Dec. 30th, so these two items must have crossed in the mail or something, but it is obvious that the left hand has no clue as to what the right hand is doing.
IBC vs. IRC
In my Abatement of Violations letter, it references IRC and IBC, stating that I failed to “Stop Work” when I was told to do so and that I failed to get a Permit. In the actual court documents, the two counts against me are both for IBC or International Building Code.
This is an important detail because IBC is the code for the building of three-story and above buildings, commercial and residential.
IRC, International Residental Code, is for buildings two-story or less for both commercial and residential, also these two codes specifically reference “Residential Housing” and Commercial Construction.
A quick Google search of residential housing will reveal thousands of pages showing Apartments, Townhouses, and Condominiums ranging from single-story duplexes to multi-story rentals, but no mention of private residences.
I explained this all to the City Manager and stated that I felt no need to abate these alleged violations since they did not apply to me because I was not building a commercial building or any residential “housing”.
According to the state constitution, the term Residential Housing is a function of the State or City Government, such as Low-Income housing, and not a private residence.
Anyone with a few brain cells still firing can see that both IRC and IBC only apply to Builders of homes and commercial buildings that are to be sold for living in or sold for a rental. This also makes sense because the builders are creating something that will become a product acquired by the public and the product must meet the standards of safety, just like a car.
The purpose of these codes is to safeguard the public from unscrupulous builders that would use the public lack of knowledge to save a buck or worse, cheat the buyer. For that reason alone we create codes and train inspectors to watch over our safety, they are trained with our tax dollars for our safety.
The Nuts and Bolts
The problem with my case stems from a belief that my property is in fact, Private, and not Public, like Parks, Sidewalks, Schools, Swimming pools, and Roadways, things owned by a city.
But alas. my City Prosecutor has stated that my home is part of the city’s residential housing inventory, a deal I have no recollection of entering into.
I know for a fact that the city does not own my property because I have a Deed of Trust, and I, not them pay the property taxes, also, my city has never helped with my upkeep or maintenance.
Most City’s have all Passed what is called the International “Maintenance Code” so they can enforce maintenance on property owners, but if we do not own our property then what purpose does a Maintenance Code serve?
Furthermore, if what you and I consider private property is in actuality Public property, why pass any city ordinances that tell us how to build our homes and what maintenance is best for the said property at all?
Health Codes clearly states that a restaurant open to the public that serves breakfast let’s say, must inform the customer that they only cook eggs over hard, or hard scrambled unless specified by the person ordering. These codes also mandate the cooking of Chicken, Pork, and Beef, as well as leftovers and the temperature they are to be kept.
But, in our private homes, that is not the case why? because our kitchen is Private and not open to the public, our yard is not a Park nor is our swimming pool open to the community.
League of Vipers
This is all too simple, City’s across America wish to use a tourniquet on a Paper-cut, and in doing so, chock our freedoms, and kill the organic nature of how liberty works.
Why do these elected petty tyrants usurp authority, continually take power, and act as if these misinterpreted laws must be enforced at all costs, even when it is pointed out that these laws are wrong, unjust, and immoral?
Easy, they choose to not do their Due-Diligence and fall back to what others have done in the past, or other cities still do today.
Our City Mayors and Councilmembers attended conferences like those run by the League of City’s to learn how to run their Town or City the right way, but because these groups have become infiltrated by corrupt bureaucrats higher up the food chain, our leaders become less educated and more deceived, even intimidated.
My Position is that what is mine is not the City’s, I Have Rights, and with those rights comes a responsibility to fight and be ever diligent, and not comply with what is wrong.
This is like a Traffic Violation, if we have broken the law, don’t waste the Courts time, but when we are wrongly accused, it is not only our right, but a civic duty to fight.
Apparently, Grumpy was not satisfied with my answer to his abatement letter and must have felt that my lack of understanding of the Ordinance was misguided.
This type of bureaucrat is not good for any city because they follow only Dogma, and yield to the whims of Agenda 21. They refuse to see the intent of the law, as well as their failure to properly do their job as laid out in the Planning and Zoning Hand Book.
I had offended Grumpy for telling him to stay off of my private property and this lead him to file a case against me in Court. On my Court Date, I went in and plead Not Guilty, which was almost two years ago.
This knee-jerk reaction on his part has now cost my city time and money for the arraignment, and 9-10 Pretrial Conferences. It can be argued that these costs to the city are Fixed Costs, but they are a waste of time, and I would rather the time was better spent.
For two years I have asked the City to let this go but they continue to move forward, in the name of compliance. So I feel strongly that they must also be drug, kicking, and screaming into compliance as well. I might sound vindictive but I assure you that is not the reason, they must also follow the laws as well.
Because of one bureaucrat’s ignorance, I will have had to spend my time proving my position in court. If I win, then I could sue for harassment mentioned in my first post.
What I should do is to file for a diminution of value, then the City will have one of three options,
Prove in Superior Court, that they are acting in the best interest of Public Health, Safety, beyond a Preponderance of Proof. 1According to many Law Reviews and legal scholars, that is a very high bar to reach with Arizona Private Property Protection Act.
Waive enforcement on my property, this was my original ask by the way.
Pay me the diminution of value
All at the City’s expense, and because they and their silly bureaucrat refused to listen to reason.
I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, that I will bear true faith and allegiance to the same and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of the office of ______________________ (name of office) ________________________ according to the best of my ability, so help me God (or so I do affirm).
Many that take such an Oath never stop and think that it is a convenient, not only to the people that they serve, but also witnessed by God.
Just like Grumpy, they think their oath is what they want it to be, and not what it actually says, they are all too willing to trade their values and principles for control, and power.
This is why we have lost our cities, our counties the states we once loved, and our country that we all wish we could take back. Maybe someday we will get America back, but not without a thousand good fights, and without those, I believe we will soon hear our politicians yell, “CHECKMATE” You Lose.