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STRAIGHT TALK NEWS
HOT NEWS 2009 - UNCENSORED
"The money power preys on the nation in times of peace, and conspires against it in times of adversity. It is more despotic than monarchy, more insolent than autocracy, more selfish than bureaucracy. It denounces, as public enemies, all who question its methods or throw light upon its crimes." – Abraham Lincoln
Must Read:
G. Edward Griffin, authored The Creature From Jekyll Island, 1994. This is a must read to understand the true intentions of the County government to impose control, erode property rights and Constitutional rights, in order to enslave everyone over time. Visit the Freedom Force website to protect all of our liberties.
READ OUR COURT CASES TAB FOR LATEST UPDATES ON LAWSUITS AGAINST THE COUNTY OF SANTA CRUZ. Excessive fees cannot be charged - read the law.
LAWSUIT FILED AGAINST COUNTY TO INJUNCT BAFCAB AND HALT GATEKEEPING OF PERMIT, NOV OR RED TAG APPEALS
November 13, 2009 - Prominent architect and government watch dog, Cove Britton, has filed a Petition for Writ of Mandate and Complaint for Injunctive Relief and Damages against defendants: County of Santa Cruz, the Board of Supervisors of the County of Santa Cruz, County of Santa Cruz Planning Department, County of Santa Cruz Director of Planning Tom Burns, County and Does 1 through 50. The Board of Supervisors in 2008, chaired by Ellen Pirie, had been exposed for concealing citizens' rights to appeal to an independent appeals board for permit application, notice of alleged violations and red tags that 99.9% of the time concern building issues that the State preempts with state building codes. Denial of the appeals were knowingly gatekept by Tom Burns, Planning Director, using a scheme of ordinances to prevent the pubic from fair due process and protections provided by the state.
Gerald V. Barron, Carmel, CA attorney, well known for winning cases regarding extreme issues of corruption is spearheading this lawsuit to reinstate property and appeal rights to the citizens of Santa Cruz County that have been obstructed and hidden for over 48 years. Britton has had numerous appeals rejected by the Planning Department or ignored by the Board of Supervisors who allegedly, illegally disbanded the local appeals board in June 2009, a newly functioning Building and Fire Code Board of Appeals which had just been established early 2009. The establishment took place after dozens of citizens protested at Board of Supervisors meetings starting summer 2008.
Government Code 815.6 states clearly that lack of mandatory duty by Defendants is unlawful and disadvantages citizens. The Writ is on-line now. Click here to read Cove Britton v County of Santa Cruz et al.
Code Enforcement Confesses in Rev. Oracle and Elan v County of Santa Cruz, Tom Burns, Board of Supervisors Ellen Pirie, et al
December 21, 2009- Update: Jason Heath, County Counsel, admits that uncertified Code Compliance Manager, Ken Hart, ordered the serving of the Notice of (alleged) Violation on February 2, 2007 re a hedge. Staff also have confessed that Ellen Pirie had many meetings with them overreaching and violating higher laws regarding this couple's legal vegetation hedge on agricultural zoned district land. The couple filed for a permit for chain link fencing and iron gates, alternative materials allowed by law, and instead have been arbitrarily and capriciously defrauded and extorted by an illegal scheme run by Ellen Pirie, Tom Burns, Ken Hart, Susan Mauriello and others. Pirie most likely has already perjured herself and that is a felony- so this is probably her last term of office. Rev. Oracle and Elan's due process rights also were breached and the couple are suing to uphold the Constitution and Federal and State laws that the county must start obeying.
October 22, 2009- Brief Update: Ken Hart, Manager of Code Enforcement, confesses that recording the Notice of Violation Red Tag on Aptos Couple's property was an error. Alliance for Change activists are aware of thousands of "errors" since 1961 against property owners in an alleged extortion ring in the County.
October 21, 2009 - Kevin Fitzpatrick's, Code Enforcement Employee, deposition was taken today by attorneys, Pierce & Shearer, for Rev. Oracle and Elan v County of Santa Cruz naming Board of Supervisors Ellen Pirie, Neil Coonerty, Tony Campos, Jan Beautz, Mark Stone, John Leopold and Planning Director, Tom Burns as defendants in a multi decade alleged illegal scheme against property owners to extort and defraud. Fitzpatrick confessed that the Notice of Violation he served February 2007 should not have been served. State law exempts fences from permits. The county's own Ordinance 12.10.315(a)(2) exempts fences under ten feet from permits. At two private meetings with Ellen Pirie, Supervisor for Aptos District 2, she did not advise the couple of this, did not advise them that State Building Codes exempt fences from permits and that their private rural road is exempt from jurisdiction over vegetation or pedestrian walkways just as public county rural roads are. Pirie advised in writing, "to get a lawyer" while not advising of BAFCAB to mediate. The independent appeals board that existed only on paper and was not legally functioning to protect citizens from such arbitrary, malicous and capricious decision making. Fitzpatrick named Ken Hart and Tom Burns as ordering the Notice of Violation to be served. Ken Hart replaced Dave Laughlin as Code Enforcement Manager January 2007. Dave Laughlin twice threw out the alleged violation as invalid and wrote such to Ellen Pirie in a letter Spring 2008. The couple filed for a fence permit December 2005 and now 4 years later are in Federal Court protecting their property rights and Constitutional rights for all Santa Cruz citizens. The couple even supplied the county a Supreme Court case to no avail. See Court Cases tab for several lawsuits alleging a crime syndicate ring run by the Supervisors, Planning Department, County Administrator and County Counsel.
County Evades Adopted 1997 State Building Codes Denying Citizens Property Rights and Protections
September 15, 2009 - Board of Supervisors adopted the 1997 State codes a few years late in 2002. The state codes are not followed and staff are not trained or certified in the codes that should have been implemented since 1961. Citizens find themselves under emotional rule by ignorant County Director and Assistant Directors denying property rights and constitutional basic rights of due process. Read the recorded minutes of agenda item #73 of September 24, 2002. Note that second units are allowed and grandfathered in and fences under ten feet do not require a permit. See the major court cases that have exposed and caught redhanded the alleged fraud and extortion ring that is still ongoing and led by Supervisors Ellen Pirie and Neil Coonerty, Administrator Susan Mauriello and Dana McCrae, County Counsel. Agenda Item #73 document in meeting minutes.
California Pensions Have Become The State's Next Fiscal Crisis
August 20, 2009-Update by Chris Sieroty Read the full story.
August 17, 2009-Update: CALPERS UNSUSTAINABLE by Mike Shedlock, expert analyst blogger. Read the article. County Supervisors, County Administrator, County Counsel and Planning Director and staff all operating in an 'alleged' illegal corrupt scheme for nothing - literally nothing as their pensions become worthless! The Supervisors gave themselves raises late 2008 and then made claims in January 2009 they were not going to give themselves raises in 2009 . . . . . How naive do they think the public is? Calpers is reducing pension payouts as we speak and the State will require them to reduce their unjustified salaries that are way off the mark for the lack of experience and very unlawful, arrogant and incompetent decisions they have made, illegal codes passed that conflict with higher statutes and evade precedent setting court cases and malpractice. In the end, the citizens will prevail and these incumbents will not be reelected.
August 15, 2009 - Santa Cruz
September 3, 2009 - A new lawsuit is being prepared, by an out of county attorney known for winning large suits, to remove the Board of Supervisors per Government Code 1099. The Supervisors self-elected themselves June 9, 2009, in violation of and have breached their mandatory duties to citizens required in Government Code 1099 and Government Code 815.6 . The Supervisors are not immune from legal action when breaching mandatory duties and violating Constitutional laws, the highest law of the land. Read the articles below to know what has and what is still b going on depriving citizens of their money and property.
CALPERS IS ALREADY BANKRUPT
July 29, 2009 - The Santa Cruz Board of Supervisors don't even know that their retirement pensions are already bankrupt and won't be there as they continue to defraud and extort from thousands of local property owners by any means possible. Read this clarifying article on CALPERS - California Employees Pension Plan by well known financial expert, Mike Shedlock.
Reuters reporter, Jim Christie, writes the same, "California pensions next State financial crisis". Read this article on CALPERS empty coffers.
The County's concealment of "Appealgate" for 48 (since 1961) years by the supervisors, officials, officers, director, managers, administrative personnel, county counsel and staff "alleged" collusion, obstruction of appeals made by citizens who found out, and corruption all for nothing! The public is well aware of the saying, "Sell your soul" and end up with nothing for it but a history and reputation of evil deeds?
July 8, 2009 - New transcript provided. Read this important transcript that exposes the violation of citizens’ due process rights under State mandated
1. They appointed citizens for two and four year staggered terms instead of a set five,
2. They did not appoint according to ten year prior experience,
3. They did not follow the different field of expertise qualification requirements,
4. They did not appoint two alternates,
5. They did not offer compensation allowed by law,
6. They thought meeting noticing was three days when it is ten days notice to the public,
7. All five appeals board members must be present to hear appeals,
8. There is no appeal to the Board of Supervisors of any appeals board determination.
9. The Building Official must follow the appeals board determination as stated per these State mandated codes, that all cities and counties are required to adopt and not delete.
Read this important transcript.
County of Santa Cruz Online Codes Errors and Omissions Purposely Disadvantage the Public
June 21, 2009 - Major local ordinance 12.10.070 was found missing from the
Santa Cruz
June 20, 2009 - Board of Supervisors Ellen Pirie, Neil Coonerty, Tony Campos, Mark Stone, John Leopold and former Jan Beautz; CAO, Susan Mauriello; Planning Dept. Director, Tom Burns; and County Counsel Dana McRae, . . . . Read the laws they violated by disbanding the Building Appeals Board. Current and future lawsuits will hold them to these laws. Their active concealment through many years and decades is a conflict of interest for them to be Judge and Jury and does not provide the intent of CBSC 108.8 nor the independence required. The County administrative illegal scheme has not rendered the planning dept. any profits. The Planning Dept. remains in the red on average about $3 - $4 million per year since Tom Burns, the uncertified and untrained Director, was negligently hired by CAO, Susan Mauriello.
WHAT IS TERRY HANCOCK ( Ellen Pirie spouse) UP TO NOW?
June 12, 2009 - We will let you interpret this document for yourself. Read email from Hancock to a new website which exposes the county's activities with internal correspondence. In a long running act of nepotism, Pirie continuously appoints her husband (again in 2008 for another term), Terry Hancock, to the Planning Commission which is directly under her authority, not allowed by law. Even a Federal Magistrate Judge agrees this is nepotism. Also, why are two of the Planning Commissioners working as aides to two of the Supervisors? Another cross pollination breach of separation of powers and lack of mandatory duty. Ellen Pirie appointed Dan Bronson to BAFCAB in 2002. The supervisors for decades are aware of their concealment from the public of State building codes and due process rights.
COUNTY OF SANTA CRUZ HAS BEEN DENYING PEOPLE THEIR RIGHT TO AN APPEAL AND DENYING DUE PROCESS
June 9, 2009 - Under California law any person may appeal any decision of any official regarding any building standards or construction requirements to an "independent" non-government member board. Chair of the Building and Fire Code Board of Appeals Commission, Dan Bronson, speaks out on what your rights are. You have the right to appeal even if the Board of Supervisors, County Administrator, County Counsel, Planning Dept. Director or staff say you do not. Read more.
Even the City of Santa Cruz has a Building Appeals Board and is following the International/Uniform Building codes required by all cities, counties and States. See the City of Santa Cruz Appeals Board website.
You have 30 days, until July 9th, to appeal to the still legal Building and Fire Code Board of Appeals Commission. The June 9th supervisor passing of agenda item #12 was not an emergency enactment, so the citizen independent appeals board exists until July 9th and will be contested in court to continue its rightful functions allowed by State law.
COUNTY OF
June 8, 2009 - The
In addition, the County Planning Department historically and currently charges people for recordations of NOVs and Expungements that state law does not allow. This is an illegal practice. The county is also exempt from filing fees per Government Code section 27383 which reads:
"No fee shall be charged by the recorder for services
rendered to the State, to any municipality, county in the State or
other political subdivision thereof, except for making a copy of a
paper or record."
The County is billing charges to citizens even though the recorder's office is not charging a fee or because the Board of Supervisors have another lack of mandatory duty to have not placed language on their documents to exempt them as other municipalities do. Remember, notices of violations/redtags are not instruments to be recorded against title of property that would slander the property as State laws prohibit this and rely on small penalty fees for valid violations and only after the citizen has had proper independent due process.
SENTINEL TODAY:
SUPERVISORS ENTRAP AND SHUT DOWN BUILDING APPEALS BOARD
June 3, 2009 - Reporter, Kurtis Alexander, reports on the afternoon session Board of Supervisors meeting. The citizen speeches were complete and contained law that went way over the heads of Dana McRae and Susan Mauriello who wrote contested agenda item 73.1 to disband the new Building and Fire Code Board of Appeals Commission before they could complete establishment documents properly. Chair, Neil Coonerty, was unable to grasp the technical knowledge or legal points made by guest lawyers and several citizens suing the County. His meager answers that the Supervisors qualifications are from being voted into office and that two are lawyers. This does not justify defying higher statutes and the Constitutions and maintaining a confined system to remove money from the public unlawfully. The fabricated and staged response to the rightful presentations by the public will not go unnoticed by higher courts. Sentinel article.
MID COUNTY POST TODAY:
"County's Appeals Board Loses Chairman. Struggles to Find Agreement with Planning Department" by R. T. Sideman
May 26, 2009 - The Santa Cruz County Planning Department is squaring off with a newly formed appeals board in a power struggle about who has the final say over contested building permit decisions. After three decades of dormancy . . . Read well written article.
BUILDING CODE WARRIORS. New County Appeals Board In Open Rebellion Against Planning Dept. by Jessica Lussenhop of SantaCruz.com
May 19, 2009 - Read what happened at the May 18, 2009, third Building and Fire Code Board of Appeals Commission meeting. The County again tried to break it down. Citizens and the new Board stood tall and good legal advise was given by notable attorneys, Gerald Barron and Joe Ritchey. The new Chair is Dan Bronson and Vice Chair is David Parks. Read Lussenhop story. Read comments at end of the story. See June 28, 2007, Board of Supervisors and Tom Burns agenda item #28 that omits and therefore, continues to conceal the appeals board commission that is required by State mandate over and above the Health & Safety codes. Falsified annual reports have been sent to Sacramento signed by the Chair Supervisor and approved by the other supervisors for most years that misled the State that an actual legally functioning appeals board existed here. Supervisor Campos and Board of Supervisors appeal board appointees,Celeste Graham and Angelee Dion, seats expired four years later on April 1, 2005. Why were the vacancies not widely advertised, filled and appeal hearings being held all this time?
MAY 2009 UNLAWFUL ADMINISTRATIVE HEARINGS ARE STILL BEING HELD BY TOM BURNS' PLANNING DEPT. PLEASE PROTEST FOR BURNS' AND HIS TEAM, DEMING AND LEE, TO BE FIRED.
May 14, 2009 - Administrative hearings for property owners accused of violations breach Constitutional rights and State and Federal rights for due process. The County of Santa Cruz is breaching higher law and still holding these government staff only hearings. These citizens have the right to appeal to the Building and Fire Code Board of Appeals Commission made of "independent citizens" representing higher statutes that override erroneous local ordinances. The documents provided by County staff are invalid in content and 99% of the time are signed by uncertified personnel. The Board of Supervisors, County Counsel and Planning Dept. have designed an illegal scheme to defraud the public. See the May 2009 calendar of hearings.
MICHAEL BETHKE RESIGNS FROM BUILDING AND FIRE CODE BOARD OF APPEALS COMMISSION DUE TO DISRESPECT AND OUTSIDE THE LAW PRESSURES IN PRIVATE MEETINGS
May 12, 2009 - Due to Tom Burns and County Counsel and staffs severe oppression of property owners' rights to due process and willingness to evade higher State, Federal and Constitutional laws that protect citizens, a group of citizens protested for 8 months to erect the Appeals Board Commission. After only two public meetings, March 16th and April 22nd, Michael Bethke has resigned as Chair. Read his resignation letter. Forthright Dan Bronson will be acting Chair for the upcoming regular meeting, May 18th, 6:00PM, 5th floor, County Building. Tom Burns and Staff enforce the unlawful scheme of twisted ordinances approved and put forth by the Board of Supervisors that confine citizens within a maze of self-serving and an intimidating and excessive fee based system. The illegal scheme of ordinances are further oppressed onto property owners by the code compliance division that is not certified or trained in State and Federal laws to understand what they are doing is illegal and at great cost to the public, emotionally and financially. Even if the only certified building inspector, Sean Livingston, signs a document - the content of the document must abide by higher law. Please support the new Building and Fire Code Board of Appeals Commission that has been concealed since April 20, 1976, and which the Board of Supervisors has greatly restricted its powers. This Appeals Board Commission is not a disabilities board and is supposed to be "independent" of the County government. Citizens must once again stand up to the resistance and disrespect coming from the Planning Department senior staff to this independent and much needed public voice. Read the powerful speeches made by Dan Bronson and Cove Britton revealing the Countywide obstructions in the transcript prepared by concerned citizens. Read transcript.
TOM BURNS CONTINUES TO OPPRESS WITH UNLAWFUL COUNTY ORDINANCES, APPROVED BY BOARD OF SUPERVISORS, ONTO THE NEW BUILDING AND FIRE CODE BOARD OF APPEALS COMMISSION. BURNS IGNORES STATE, FEDERAL AND CONSTITUTIONAL LAW. READ THE APPEALS BOARD RESPONSE TO BURNS' UNQUALIFIED AND INVALID OBJECTIONS TO HIGHER LAW FOR CITIZENS' APPEALS.
May 9, 2009 - We have obtained important documents revealing exchanges between the new Board of Appeals Commission, Cove Britton - Architect requesting an appeal, and uncertified Tom Burns of the Planning Dept.. Read the sequence of email letters that reveal how little Tom Burns knows of true law. Higher law overrides the local ordinances the Board of Supervisors and Burns' drafted amendments that violate citizens' rights. No wonder Code Compliance is so belligerent and ignorant as they remain uncertified, as well. Read the documents.
Also, local paralegal and multi-decade government watch dog, Harold Griffith, has written a summary letter report of the laws and precedent court cases the County is in violation of. The County is also in violation of Health & Safety Code 18949.25 that requires Burns and planning staff to be certified since enacted in 1995! Wouldn't their documents and opinions therefore be non binding and invalid all these years? In addition, Health & Safety Code 19870 subdivision (b)(5) further defines and requires building inspectors, building officials (Burns), building plan examiners and code compliance managers and staff (Ken Hart, Kevin Fitzpatrick, Jacob Rodriquez, Laura Madrigal, Kathleen Salazar, former Dave Laughlin, Paia Levine, Alice Daly, Dave Keyon, et al) to be fully State certified by the International Code Council. The Board of Supervisors, Susan Mauriello - CAO, Tom Burns (David Lee, Mark Deming, Ken Hart, Don Bussey, Paia Levine, et al), the Planning Department, the Civil Service Commission and County Counsel have all defiantly disregarded higher laws they are required to abide by. This deliberate indifference to citizens' rights by designing a self-serving system denying property owners due process, property rights and reasonable fees is now well documented for several large lawsuits going through the courts. Please read our Court Cases tab on a regular basis to keep yourself informed.
APTOS TIMES PRINTS POTENT ARTICLE ON BUILDING AND FIRE CODE BOARD OF APPEALS COMMISSION SECOND MEETING. COUNTY COUNSEL ATTEMPTS TO RESTRICT WITH ITS OWN BYLAWS DRAFT, OFFERED BY DAVID LEE AND TOM BURNS, CONTINUING TO DENY APPEALS AND REDTAG APPEALS TO THE COMMISSION
May 1, 2009 - Noel Smith contributes a comprehensive article about the second ever Appeals Board Commission public meeting held April 22, 2009. David Lee is the assistant director of the planning department who violated the Brown Act at the July 23, 2008, "unofficial" appeal board meeting held with expired appointees and has obstructed appeals from reaching the commission. Burns, Lee, Deming and Jennifer Hutchinson have trashed or denied all appeals during their entire employment terms, and violated Federal, State and Constitutional law. None of them should be involved in any appeals board commission meetings.. Read the article.
BUILDING AND FIRE CODE BOARD OF APPEALS COMMISSION HOLDS SECOND MEETING AFTER 33 YEARS OF CONCEALMENT BY BOARD OF SUPERVISORS, COUNTY COUNSEL AND PLANNING DEPT.
April 23, 2009 - The discovery of "Appealgate" by the citizen government watchdog group, Alliance for Change, has finally led to a legitimate Building and Fire Code Board of Appeals Commission for Santa Cruz citizens. The second public meeting was held last night. The Commission revealed a dramatic reversal of philosophy to commence bringing restitution to seriously abused property owners by the County's unlawful arbitrary and capricious behavior and ignorance of Constitutional, Federal and State laws when handling permits or red tag violations. Additionally, the Commission has studied precedent court cases and Attorney General opinions to protect citizens' rights. A land use attorney commented after last night's meeting, "The research, bylaws and legal advise given by the County of Santa Cruz fail to meet professional legal standards and has been rejected again by the Commission tonight." In our opinion, any documentation and permit processing by the uncertified director, assistant directors, staff planners and uncertified building inspectors in code compliance make their decisions invalid and nonbinding. See Health & Safety Code 18949.25 et seq.
The first legal functioning Building and Fire Code Board of Appeals Commission appointed members are: Mike Bethke, Chair; Dan Bronson, Vice-Chair; Richard Irish; Mardi Fiorovich and David Parks. The Commission spent extensive time researching all laws and codes relating to property rights. They produced a 110 page draft packet of legal references and law that was handed out at the historic meeting. The Commission found much of their discovery to be contrary to what has been supplied by the County of Santa Cruz and will create a fair and just foundation for the Commission based on real law.
The Alliance for Change and independent citizens brought the concealment of the appeals board Commission into the news in a battle for truth that began June 2008. They have fought hard to establish this Commission that will begin to protect all citizens regarding property rights, excessive fees, and to right the wrongs of the local government's past. The activists have emboldened the Commission to stand up for what is right and fair. Since 1976, a total of 33 years of concealment, property owners will soon be able to receive relief from Appealgate and what has been called a "Tom Burns Dictatorship". Other websites have named Tom Burns, "The Gestapo". Tom Burns performed his notorius "out of order disrespect" and "forbidden interference" behavior at the first and second Commission meetings that were held March 16, 2009 and April 22, 2009. Forbidden interference is the Supreme Court opinion stating that the interferance can influence and persuade the Commission members that are required to be independent. When will Tom Burns, Planning Department Director, be removed? How much more unlawfulness is going to be tolerated?
The Dictatorship also includes Ellen Pirie and Neil Coonerty, (Chair Supervisors 2008 and 2009), engineering a corruption syndicate to extort money from property owners applying for permits or trying to resolve false violation claims. A recent permit application for a new home filed by the property owner was quoted it would cost him $180,000 in fees - this is beyond belief! Another property owner has spent over $600,000 defending against false allegations from the County. The use of intimidation and threats to defraud, perhaps a half billion dollars concentrated on rural property owners, could be coming to an end. The Board of Supervisors, Ellen Pirie, Neil Coonerty, Mark Stone, Tony Campos, former Jan Beautz, have continuously approved improperly and unlawfully drafted ordinances for decades and have seriously violated their oaths of office. Would you call this modern day treason?
The County of Santa Cruz County Administrator, Susan Mauriello, and the Board of Supervisors, 48 hours before the meeting was to take place, ordered that the Commission not be allowed to use the Community TV recording studio in the chambers to film the meeting. Concerned citizens for government transparency took immediate action and filmed it themselves. In approximately a week, the second Commission meeting will be broadcast on Community TV. The childish denial of transparency to use the recording studio will lead to a more frequent broadcasting of the meeting. Broadcast times are posted below and please check the Community TV schedule. Please make donations to Community TV for the producer of the "Appeal Board show".
Read this Grand Jury report exposing Board of Supervisors hand dipping control into the Planning Dept. Many new lawsuits are yet to be filed; some will make criminal charges. County Counsel is not exempt from these lawsuits. Read the California Attorney General's Opinion on local governments ignoring and violating State laws. In precedent setting case, Leslie v. Superior Court, the ruling showed that Ventura County was not following State laws and was approving ordinances in conflict (in contradiction) with existing State laws. Santa Cruz County has the worst record and reputation in the State for these abuses. Read Court Cases.
COUNTY STAFF, GEORGE J. GIGARJIAN, GLENDA HILL AND STEPHANIA FRANCONE ARE STILL HOLDING UNLAWFUL ADMINISTRATIVE HEARINGS WHICH DEPRIVE CITIZENS OF DUE PROCESS RIGHTS AND IGNORE STATE BUILDING CODES. APPEALS SHOULD BE PERFORMED BY AN INDEPENDENT BUILDING AND FIRE CODE BOARD OF APPEALS COMMISSION AS MANDATED BY STATE LAW.
September 28, 2009 - August 2009 and September 2009 unlawful denial of due process hearings calendars are here for your information. The illegal practice denying citizens their Constitutional right to due process continues under the syndicate ring co-headed by Ellen Pirie, Neil Coonerty and the other supervisors and outgoing Tom Burns, Director, Mark Deming and David Lee, Assistant Directors .
July 6, 2009- Update: Here are the July 2009, June 2009 and May 2009 administrative hearings calendars of citizens being processed without independent due process. Uncertified and untrained Tom Burns' and staff continue their callous indifference and ignorance of State codes and laws that preempt their unlawful local ordinances. Program ID # 7639 Showings of the April 22, 2009 Appeals Board Meeting May 11, Monday, 9:00 pm May12, Tuesday, 11:00 pm May 14, Thursday, 2:00 pm May 15, Friday, 10:30 pm May 17, Sunday, 10:30 am May 19th, Monday, 1:30 pm
April 23, 2009 - Since April 20,1976, the County has narrowed the powers of and hidden the Building and Housing Fire Code Appeal Board Commission from the public. Instead, they have contained citizens to internal government employee hearings that go one way only. What is so defiant is the County continues to deny citizens their right to due process and their property rights even after the Alliance for Change had the appeals board commission established this year! See the following illegal Administrative Hearing Calendars for November 2007 - April 2009. April 2009, March 2009, February 2009, January part one 2009, January part two 2009, December part one 2008, December part two 2008, November part one 2008, November part two 2008, October part one 2008, October part two 2008, September 2008, August part one 2008, August part two 2008, July part one 2008, July part two 2008, June 2008, May 2008, April 2008, March part one 2008, March part two 2008, December 2007, November part one 2007, November part two 2007, addendum October 2008, December 2008 addendum.
COMMUNITY TV TO REBROADCAST FIRST & SECOND BUILDING AND FIRE CODE BOARD OF APPEALS COMMISSION MEETINGS
April 22, 2009 - Community TV will rebroadcast the second Board of Appeals Commission meeting held tonight on:
Comcast CH 25 and Charter CH 71
The first ever Building Appeals Board meeting that was held on March 16, 2009 will be aired on Thursday, May 7th at 8:30PM, Comcast CH 25 and Charter CH 71.
The Board of Supervisors (Ellen Pirie, Tony Campos, Neil Coonerty, Mark Stone and John Leopold - do not re-elect, please) and CAO, Susan Mauriello, denied Community TV access to the recording studio that they usually use in the Chambers. It was a challenge, however, community activists were able to film independently and therefore will be showing the public meeting with higher frequency for your benefit.
COUNTY ATTEMPTS TO ERECT HEARING OFFICER LAWYER PANEL TO COMPETE AND CONFLICT WITH STATE MANDATED BUILDING AND FIRE CODE BOARD OF APPEALS COMMISSION.
April 14, 2009 - Dinah Phillips has been recruiting for Hearing Officers with at least seven years of full-time experience as a practicing civil law attorney to sit on a panel to conduct administrative hearings and render decisions regarding property permits, property rights and red tag violations, mobile home park rents and street names and building numbers. The pay is $125 per hour and in conflict and a duplicate panel for what the hidden for 33 year, newly formed, Building and Fire Code Board of Appeals Commission is State mandated to do. This is in clear violation of the duties and authority for the Building and Fire Code Board of Appeals Commission to oversee Title 1 handling of code violations, penalties and nuisance abatement. The State requires a citizen member board, not in conflict by being paid by the county, and with knowledge of the Uniform codes. Lawyers do not have this experience and do not have experience in the abuse practices of this planning dept. and its code compliance section. This is an attempt to use five lawyers to further prosecute against property owners who are allowed by State law to be heard by the Building and Fire Code Board of Appeals Commission for such matters. The word Accessibility has been added to the Commission name in error by the Board of Supervisors and recommendation by uncertified building official, Tom Burns.
Jan Beautz, retired Supervisor, slipped at a meeting late last year saying that the Building and Fire Code Board of Appeals was an "interim board". The State requires by law that independent citizens (non employees of the county) must hear appeals and hearings for proper Constitutional due process. Ellen Pirie, Neil Coonerty, Mark Stone, Tony Campos, former Jan Beautz, and John Leopold seem to be attempting to continue a crime syndicate with this panel to extort and defraud property owners further. Many court cases are currently being heard for serious violations of due process allowed, designed and condoned by the renegade Board of Supervisors and Planning Dept. that remains 99% uncertified. Why have the employees of the Planning Dept.NOT been certified for their positions by the International Code Council in Sacramento so they would have some training and save taxpayer money and abuse from their errors? A competing board to create more due process obstruction will wipe out, in future court damages, any funds the County may have in bonds and other holdings. If you run a crooked ship it can only sink. Read the recruitment ad January 2009 by Dinah Phillips, Public Information Dept. Who in Personnel is running this sham and who are they running it for?
SLOANE'S FILE BUILDING AND FIRE CODE APPEAL HEARING REQUEST AFTER TEN YEARS OF CAPRICOUS ABUSE BY CODE COMPLIANCE STAFF, KEN HART AND TOM BURNS - ALL UNCERTIFIED BY THE STATE.
September 3, 2009: Update - The County Planning Dept. per communications by Assistant Director, Mark Deming, is still obstructing the Sloane permit for a State approved pre-fab stamped house. They only need their electrical hookup and foundation approval after approximately ten years after their house burnt down. Another fire victim of the Summit fire was charged $120,000 for his pre-fab house permit when the Governor proclaimed no more than $5000 in fees to fire victims. Is this a fraud and extortion scheme being run by the County?
April 8, 2009 - Fox and Frank Sloane have filed for an appeal for help from severe biased and arbitrary abuse by the County for over ten years. The Sloane's home burnt down ten years ago and ever since they have been living without electricity and denied permits for electricity, foundations, housing or even a State approved prefab house. Read their appeal to the new appeals board that is now meeting April 22, 2009, to help citizens. The Board of Supervisors - Ellen Pirie, Tony Campos, Mark Stone, Jan Beautz and Neil Coonerty and Director, Tom Burns, have hidden this State mandated board that would provide relief to citizens from extortion and fraudulent practices of this out of control County government. It will be reigned in and many will be asked to resign or be fired. Read the Sloane appeal prepared by land use consultant, Claire Machado.
COUNTY PLANNING DEPT. TRIES TO COVER-UP CODE COMPLIANCE HEAD, KEN HART, IS NOT CERTIFIED FOR HIS POSITION BY FAKING ON PAPER THAT SEAN LIVINGSTON IS HEAD OF THE DEPT.
March 28, 2009 - Ken Hart, Head of Code Compliance, is notorious for unlawfully rousting property owners with falsified violations that are unsubstantiated with any standards or findings and using methods of intimidation and extortion. Since Hart has been and is uncertified for his position, the County is now trying to cover-up by inserting Sean Livingston, certified building inspector, as the head of the dept. yet still allow Ken Hart to abuse property owners unlawfully as he has for years with direction by uncertified Tom Burns, Director. See State certification requirements prior to hiring in Health & Safety Code 18,949.25 et seq . Health & Safety Code section 19870 subdivision (b)(5) of the Health and Safety Code defines “building inspector” as “any employee or contractor of an enforcement agency who performs inspections of a construction or renovation project for purpose of assuring compliancewith adopted uniform buiilding codes and standards". Code Complaince staff are in violation of Health & Safety Codes 18949.25 et seq and 19870. Therefore, their documents, permits (or withholding of permits), notices of violations and red tags issued by the director, assistant directors, building staff planners and building inspection code compliance personnel are invalid and not binding due to their non-certification and non-compliance with State mandated continuing education.
In order to stop these government scams on the public, Tom Burns and Ken Hart along with David Lee, Mark Deming, Don Bussey, Kevin Fitpatrick, Jacob Rodriquez, Laura Madrigal and Kathleen Salazar should be fired. A complete clearing out of the mob should be made immediately. Public speak up!
BUILDING, HOUSING AND FIRE CODE APPEALS BOARD SWEAR TO OATHS TO UPHOLD STATE AND FEDERAL CONSTITUTIONS.
March 28, 2009 - The appointees to this 48 year hidden commission to protect citizens from county government abuse have taken their oaths to support the Constitutions. They will not decide matters by what the county wants or by any illegal county ordinance. The Board will operate according to State and Federal higher laws that override the whims of Tom Burns, Planning Director, and his uncertified and untrained staff, Susan Mauriello, County Administrator, who has negligently and willfully denied citizens constitutional rights, and the Board of Supervisors, chaired in 2008 by Ellen Pirie, illogical, harmful and unlawful ordinances that remain uncertified by the State. The Board of Supervisors current Chair is Neil Coonerty. The Republican Central Committee is well aware of the local County government corruption and that it needs to be cleaned up.
FELTON FAIRE REDEVELOPMENT PROJECT MONSTROSITY SHELVED. CITIZENS CELEBRATE WIN OVER TOM BURNS, PLANNING DIRECTOR, AND SUPERVISORS POTENTIAL MISUSE OF MONEY, ABUSE OF THE ENVIRONMENT AND DISRESPECT OF SPECIES RIGHTS.
March 23, 2009 - The largely protested Felton Fair Housing Project has been canceled. Not due to sensible facts Felton residents presented and argued against the County but due to the County's inability to supply or attract funding and the debt of the funding. This is another example of government stupidity, lack of experience and non-certification in environmental impact, species devastation and visible incompatibility with the area. Congratulations to the many citizens who protested to protect this land in Felton!
CITIZENS STRIKE BACK.
THE BUILDING AND FIRE CODE APPEALS BOARD SINCE 1976, VIOLATING STATE LAWS, OATHS AND UNIFORM HOUSING CODES.
March 16, 2009 - After the County Planning Department, County Supervisors, CAO and County Counsel hid the Building and Fire Code Board of Appeals from the public for 33 years, an appeals board assembled tonight at 7PM. Under mounting protest from citizens for property rights groups, the County was forced to acknowledge higher state laws that mandate an open due process for property owners filing for permits or being served unlawful red tags. In the first meeting, a stunning event was witnessed, demonstrating power of the people over corrupt governance. The first ever functioning appeal board officers, Mike Bethke - Chair, Daniel Bronson - Vice Chair, Richard Irish, Marty Fiorovich and David Parks, rejected the unlawful bylaws written by the County Planning Department staff and rejected the idea that the Planning Department should be the gatekeeper of who is granted appeals and who should hear them. No appeals have ever been accepted or heard; always having been denied or rejected by the Board of Supervisors, Tom Burns, David Lee, Mark Deming, Jennifer Hutchinson or other staff. Two County Counsel were present, though not mandated by State Law to attend, and for some reason felt they had to read the Brown Act. Perhaps they were motivated by the County violation of the Brown Act July 2008 by David Lee, Assistant Director, and at the time still "uncertified", Jennifer Hutchinson, the staffer used in a building inspector position. Citizens' Constitutional due process deprivation has been the result of the actions of these self-serving, over paid, and untrained civil servants.
This Board has great potential for actually being an independent citizens' appeal board, as mandated by the State Health and Safety Codes and Uniform Building Codes.
Susan Mauriello,
See Court Cases for details about major lawsuits against these corrupt and delusional officials.
COUNTY SUPERVISOR'S AND PLANNING DEPARMENT'S UNLAWFUL SCHEME IS EXPOSED. COUNTY COUNSEL COMMITS SIGNIFICANT ERRORS. THEY ALL IGNORE STATE OF CALIFORNIA BUILDING CODE REQUIREMENTS TO SUBMIT NEW ORDINANCES FOR APPROVAL WITH THE STATE. THEY ARE NOT LEGAL WHEN NOT APPROVED BY THE STATE AND THE STATE HAS NOT APPROVED TITLE 1, TITLE 12, TITLE 13 AND TITLE 19 ORDINANCES.
February 26, 2009 - Citizen speech exposes County fraud and extortion scheme by Supervisors, Planning Dept. County Counsel and County Administrator. Gordon Stewart of Boulder Creek stood up for everyone's property rights and revealed the scheme. The County is required to obtain State approval for any ordinance amendments that would be different, altered, obstructed, or deleted from the adopted California Building Code. The County has received rejections of their ordinances, especially Title 1, Title 12 (Ordinances 1.12, 12.10 and 12.12), and Title 19. The County continuously places improper, wrongful and unreasonable fees and fines for permits and "alleged" violations. The Code Compliance Dept. does not have certified personnel, which contributes greatly to severe abuse of property owners by making up false violations and extorting fees and fines per research of growing numbers of citizens situations year over year. Read Gordon Stewart's speech and read the Preface page of the California Building Code he refers to that the County continues to violate. Although the speech was on November 25, 2008, it was too important to not run a news story on it today for your information.
FIRST BUILDING APPEALS BOARD MEETING SCHEDULED
FOR SANTA CRUZ COUNTY. CONCEALED FOR 33 YEARS.
February 24, 2009 - Since April 20, 1976, the Building and Fire Code Appeals Board has been concealed from citizens of Santa Cruz County. The Board of Supervisors, Planning Dept., County Administrator and County Counsel have concealed the appeals board that would have been able to resolve citizen complaints of alleged fraud, extortion, corruption, ignored mandatory duties, violating Constitutional laws and oaths, in defiance of preemptive state and federal laws and breaching their own ordinances. Records also reveal that the State has denied most of the new ordinances made by the Supervisors (Ellen Pirie, Chair Supervisor 2008) and wording approved by the Planning Dept. - Tom Burns, CAO - Susan Mauriello and County Counsel, headed by Dana McRae and Rahn Garcia. Citizen protests since 1988 have been ignored ,until finally, the local papers and radio stations started to run some of the news.
Please read the newly filed 2008 Appeals Board Annual Report approved by the
current Supervisors, Ellen Pirie, Neil Coonerty, Tony Campos, Mark Stone and John Leopold (replacing Jan Beautz). Throughout this website are preserved audio and written records showing the above acts and behavior.
The 2008 annual report depicts that everything is just fine and normal. Our analysis is different. Look at Item 1. B referring to Ordinances 12.10, 12.12 and 16.20. These ordinances are in violation of higher State laws. Any decision or determination can be appealed per State higher general law. Look at Item 1. F - the Appeals Board has legal authority and power and their opinions cannot be overturned by the Board of Supervisors. Item II - Valid verified appeal hearing requests have been made in the last five years by credible and seriously injured citizens. The County Planning Dept., Board of Supervisors, County Counsel and County Administrator have CONCEALED the appeals board and denied ALL appeal requests from the public. The public has only recently found out about the hidden appeals board and obstructed access to it for approximately 33 years. Tom Burns, David Lee, Mark Deming, Ken Hart and Jennifer Hutchinson have all been censoring and blocking access to the expired and hidden appeals board. This has most likely cost property owners approximately $500,000,000. Property owners have been threatened, intimidated, and charged fraudulent, excessive, improper and unreasonable fees without any fixed standards or findings regarding alleged violations, and had their Constitutional rights violated. The County has recorded red tags to titles on alleged violations, which is not allowed by State law or the Health and Safety Code. Item III. B - This section should be reworded properly to maintain separation and integrity to "no past or current employee" of Santa Cruz County should be on the appeals board. Item IV - No specific goals were set for 2008? Why? The appeals board job mandate from the State is to improve ordinances and to hear appeals. Slowly but surely, a dozen plus citizens found out and researched the concealment of the Appeals Board and protested in 2007 and 2008. They strongly protested the Board of Supervisors (and the other government departments above) to NOT DELETE California Building Code 108.8 from Title 12 Ordinances and the Supervisors in violation of State mandated higher law deleted it anyway. This is on the record and has been followed. See Radio/You Tube tab and listen to the November 2008 protests and other recordings. Item VII – The appeals board has unlimited jurisdiction to hear any appeal request for any reason and can add or delete ordinance conflicts as California Building Code 108.8 entitles them to. Note that CBC 108.8 does not allow censoring or obstruction of appeal hearing requests. The question now is, “Will the civil servants of the County of Santa Cruz start obeying higher statutes and precedent setting court cases that are meant to protect citizens and property owners?" THEY ALL IGNORE STATE OF CALIFORNIA BUILDING CODE REQUIREMENTS TO SUBMIT NEW ORDINANCES FOR APPROVAL WITH THE STATE. THEY ARE NOT LEGAL WHEN NOT APPROVED BY THE STATE AND THE STATE HAS NOT APPROVED TITLE 1, TITLE 12, TITLE 13 AND TITLE 19 ORDINANCES.
JUDGE ARIADNE SYMONS ACCUSED OF VIOLATING JUDICIAL ETHICS. CITIZEN DEMANDS SUSPENSION.
Due to severe violations of mandatory judicial ethics by Judge Symons, David Moore, Soquel resident, stands up for suspension of Judge Ari Symons. Read more.
