APPEAL HEARING REQUESTS IMPROPERLY DENIED BY COUNTY OF SANTA CRUZ. 100% have been denied as of June 15, 2009. None heard as of April 12, 2010. County continues to block appeals for any adverse decision, determination or order made by the county. A pattern is starting to take place. Not ONE appeal has made it to a legal independent appeal board for 48 years or to the Board of Supervisors per 2008 requests. Since 1961 the County of Santa Cruz established an on paper only Building Appeals Board. This board is State mandated for citizen relief from improper treatment by the County Planning Department which includes Code Compliance. See late on paper only BAFCAB 1976 establishment documents page one, page two, page three.
The appeal boards have not been disclosed to the citizens.
The appeal boards have been constituted with unlawful language conflicting with State Statutes CBSC B101and CBC 108.8 .
Property owners have not had access to these boards for due process relief.
Appealgate revealed that they existed occasionally on paper only and most of the 48 years without active appointees . . . Is this criminal conspiracy and severe violation of civil rights? So far, only one appeal has been found submitted in the past and several this year- as one, then two and then three citizens became aware of this illegal cover-up. A landslide of cases against the County will most likely take place - an avalanche for justice. We have documented the denied appeal requests below for the record. 100% of the appeals filed have been denied even though State preemptive law allows an appeal for ANY reason. A full Public Records Act was made for all documents relating to the appeals boards and only two inches of paper was supplied by the County - many omitted documents - many absent communications - even extensive documents currently available on the internet should have been supplied! Intent always correlates to motive and actions always result according to the intent and motive. If good governance was the intent, we should have been supplied a few file cabinets full of documents, wouldn't you agree?
"Property owners and any citizen always have a right to an appeal, then if the appeal is denied without a hearing then that person's rights have been denied or violated". - Harold Griffith, Paralegal for Property Rights
February 20, 2009 - Michael Watson, a Felton property owner, applied for an appeal hearing in October 2, 2008, and was denied by Mark Deming, county civil service staffer holding the title of Assistant Director. To date Deming has not shown any respect of State or Federal law and Constitutions. Watson continues to request a meeting with the new appeals board. The County has denied all appeals and been the gatekeepers to the hidden and left vacant (all seats expired) appeals board. The Board of Supervisors, the Planning Dept., County Administrator and County Counsel orchestrated in collusion to deny citizens their property rights. Read Watson's February letter.
August 25, 2008 - Renowned architect, Cove Britton of Matson Britton, has again been wrongfully denied a due process appeal hearing, this time by County Deputy Counsel Rahn Garcia. Why is it that county counsel are consistently incorrect in their understanding of property rights and constitutional rights law and willing to violate due process laws? Read this astounding erroneous response that collectively with other county responses, continue to obstruct and withhold citizen access to relief and due process. Read more. April 12, 2010 Update: Also, see Court Cases on this website. Britton's legal action to injunct a legally functioning citizens building and housing appeal board required by the State will be heard at Superior Court April 16, 2010, at 9am, Santa Cruz, CA. Britton is standing up at considerable expense for all citizens rights.
August 25, 2008 - Here is our update to the August 20th posting: An"unofficial" meeting for Lowell Webb, Soquel resident and Director of Alliance for Change, was requested by Ken Hart and Kevin Fitzpatrick, Code Compliance civil servants. (Hart and Fitzpatrick are notorius for issuing as many as 5,000 - 10,000 red tags on property owners without legal authority to do so). What is an "unofficial" meeting requested by government misguided enforcers anyway? Is it a fishing expedition to look casual and collect more evidence for County Counsel? Webb should not be interceded with such a meeting. He should respectfully be provided his appeal hearing with an independent Housing Board of Appeals Commission that remains nonexistent in this County. Read Webb's letter regarding the violations of his civil rights by this County planning dept. This important letter exemplifies the mismanagement of the planning dept. by Tom Burns, Director, and his management team, who are alleged enforcers of the Board of Supervisors alleged plans to restrict property rights- at any cost. Read more.
August 23, 2008 - Lowell Webb, of Soquel, has been contacted by Code Compliance staff, Ken Hart and Kevin Fitzpatrick, for an "unofficial meeting" regarding the invalid red tags they have placed on his property. Webb has made a written request for his appeal to be heard by the Housing Board of Appeals Commission, that remains non-existent, even though required by preemptive State statutes. Why have they placed illegal red tags on this upright citizen's property in the first place and carried them for years, even when informed they are abusing this property owner? Why are they interceding instead of allowing a direct meeting with a legally required Housing Board of Appeals Commission?
August 20, 2008 - Lowell Webb, of Soquel, was relieved at his code compliance government appeal today after being denied a House Board of Appeals hearing. The hearing officer withdrew because of conflict of interest. We will watch that he is not approached again unlawfully by this County. A brief write up of what happened will be posted shortly. No Building or Housing Appeal Board exists in Santa Cruz County contrary to higher general laws.
August 12, 2008 - David Lee, Assistant Director, denies Lowell Webb's legal request for a Housing Appeal Board hearing. The reasons stated in Lee's letter are in conflict Constitutional law and State Health & Safety Codes for appeals and the California Building Code for appeals. County Counsel has stated for years along with annual reports by the Board of Supervisors that no appeals were requested by citizens. This is false and the obstruction is illegal treatment of citizens. Read the County's ignorant of the law denial letter.
August 14, 2008 - Again, we have received a censored appeal for a hearing. This time Don Bussey has made the denial against Cove Britton, Architect, filing for client Vidovich. The appeal hearings should be FREE to the public after nondisclosure and obstructing State required appeal boards since 1956, by the Supervisors and Planning Dept. Tom Burns, David Lee, Mark Deming, Don Bussey, Jennifer Hutchinson, Ken Hart, Kevin Fitzpatrick and Supervisors Pirie, Beautz, Stone, Campos and Coonerty and the rest . They have denied independent appeal boards for property owners. Property owners do not have non-government judge and jury appeal board access to date. Due to these alleged Federal crimes against civil rights and due process, the appeals should be free and by State law are available for any reason to everyone. Red tags are not exempt, even though you will be told they are handled by a government planning staff administrative hearing. This is legally incorrect. State and Federal laws hold government employees personally liable for any alleged Federal and State crimes. Watch for several court cases being prepared to bring overdue retribution. If your situation is simple and small, you may sue your planning staff person or code compliance staffer directly in small claims court for $5000 and the Judge will hear your case. The county government staff civil servant is not allowed an attorney in small claims court. Please contact our paralegal providing free services under Help Resources. Read the denial.
August 13, 2008 - We have just received a letter by David Lee, Assistant Director, in censorship, violating State Code 108.8and the Health & Safety Code, in error, censoring and denying another request for an appeal hearing with the Housing Board of Appeals Commission. Long time citizen, Lowell Webb, whose property has been passed down through his family from the 1800's, was denied his appeal board hearing. Citizens cannot appeal to a government employee administrative hearing office. It isn't independent and does not provide the required separation of power from the very forces inflicting unjustified restrictions and ignoring preemptive Federal and State laws and codes. Read this very damaging letter that we believe will be very important evidence for the many open and upcoming lawsuits.
The many other wrongfully denied appeals will be posted shortly. Wouldn't one begin to think the entire planning department is involved in a conspiratorial pattern headed by Tom Burns - Director, Susan Mauriello, David Lee, Mark Deming, Ken Hart and many others? Alliance for Change activists ask, "Is it possible to have an internal fair hearing of any kind".
July 31, 2008 - We have just received letters documenting a denial for a request for an appeal hearing with the Building Board of Appeals Commission by David Smith, challenger to the Stone Supervisor seat. His request letter dated August 20, 2003, was denied per January 12, January 27, February 3 and February 4, 2004 letters on record from the Supervisors and Tom Burns, Director. Read David Smith Appeal Documents. Read David Smith Appeal Documents with Building and Fire Code Appeal Board.
There are other challenges of the Counties nondisclosure of the Building and Housing Appeal boards that will be posted shortly. We also have the 2002 Annual Report filed by Ellen Pirie, Chair Supervisor, demonstrating the County's awareness of the legally required citizen independent appeal boards. Even though she was aware of the requirement for a Building Board of Appeals Commission per this document, she nor other County employees, did not disclose this critical information, for due process, to the general public when applying for permits, at any time during the permit process, or during any code compliance process. The County also has not disclosed the Health and Safety appeal board requirements. Read Agenda Alerts to protest at the Board of Supervisors upcoming meetings most Tuesday mornings at 9AM.
Please email your denied appeals or request for appeals to: Publisher
