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PROPERTY OWNERS - BE ALERT AND INFORMED
Citizen Letters Support Building and Fire Code Board of Appeals Commission Following State Mandates Rather Than Coonerty and Pirie Unlawful Local Personalized Ordinances and New Amendments.
June 1, 2009 - Michael Bethke, Chair, of the BAFCBAC resigned recently and this past weekend David Parks, who became Vice Chair, resigned. Both declare in their resignation letters intimidation, and coercive actions, direction and interference from County Counsel, Tom Burns, David Lee and staff, and especially the Board of Supervisors.
Read a prominent citizen's compelling letter expressing what has taken place is improper governance. Read the letter from G. Richard Arnold, a strong government watchdog and co-writer of Proposition 13 with Howard Jarvis. Please attend the Board of Supervisors meeting, June 2, 2009, at 9:00AM to protest the County's defiance of State statutes requiring uniformity throughout the state and nation that county's SHALL have a Housing or Local appeals board. The intent of the law is not for the Board of Supervisors to hear appeals but to only serve as a temporary stop gap until a board was formed per State law in 1976 - yes 33 years ago! This County Board of Supervisors is trying to disband the newly formed Appeals Board Commission. If you read Coonerty's letter which is agenda item 73 for tomorrow's meeting, he believes with his cowriter and leader of the pack, Ellen Pirie, that their local ordinances can constrain and limit the appeals board. Briseno v. City of Santa Ana and Leslie v Superior Court and other precedent cases have already decided cities and counties must follow state law and cannot be rogue. Santa Cruz County is a rogue government soon to be hog tied to higher statutes.
County Supervisors Get It Wrong Again in Charging Excessive Fees and Being Blind to Compatibility Net Site Areas
May 4, 2009 - Renowned architect, Cove Britton of Matson Britton, catches Board of Supervisors Ellen Pirie, Neil Coonerty, Tony Campos, John Leopold and Mark Stone taking advantage of citizens again in excessive fee ordinance and neighborhood compatibility needless requirements. Read Britton's protest letter submitted for today's Board of Supervisors public hearing. Be informed! Read letter correcting poor governance.
County Did Not Awaken From Two 2004 Letters Re: Appeal Boards
October 22, 2008 - David R. Smith, Alliance for Change advocate and challenger for Supervisor Mark Stone's seat, wrote an objection letter way back on January 27, 2004, requesting lawful functioning of the Building Board of Appeals Commission. Also, a 2001 appointee to the board, Michael D. Bethke, Contractor, submitted a February 4, 2004, letter to then Chair Supervisor, Mardi Wormhoudt, wondering why no meetings or appeals are being heard. It is pretty hard to apply for an appeal hearing when one does not even know an appeal board is supposed to be available for local citizens. Current Supervisors were on the board in 2004. Please read the Internal emails uncovering further evidence of the Appealgate coverup and our October 21, 2008, article below.
Defiant Board of Supervisors and County Counsel Ignore State Statutes and Alliance for Change Lawful Arguments
October 21, 2008 - The Supervisors meeting today continued to ignore State Statutes requiring Building and Housing Appeal Boards to be unrestrained and open to hearing appeals for any adverse reason from the citizens of Santa Cruz County. The restricted structure the Supervisors have created in Ordinance 12.10 must by law be replaced with wording directly from and according to the California Building Code section 108.8 and IBC Appendix B, section B101. An excellent letter was filed by Cove Britton objecting to the continued unlawfulness by the very people who gave an oath to uphold your constitutional rights and who are paid to respect higher state laws. Instead they are removing your rights - eroding and chipping away at them month by month. Look at the County ordinances expanded pages . . . most in conflict with higher laws. Local architect, Cove Britton of Matson Britton, offers a concise and comprehensive understanding of what is going on and how to remedy it. Shouldn't the Board of Supervisors and County Counsel educate themselves to provide the best and open appeals boards possible for the publics' benefit? Read Britton's Letter ,objecting to Agenda Item #26, that speaks for all citizens. Citizens asked that a lawful structuring of the hidden appeals boards be constituted before notification of availability of appointee seats. Gordon Stewart, Director of Alliance for Change, asked the Supervisors to remember their oaths and operate under such responsibility; no change was distinguishable. No description or proposal of what kinds of notification would be made to the public were expressed by any County personnel. Supervisor Chair, Ellen Pirie, did not speak up for citizens' property rights and County Counsel, Dana McRae, did not either. One begins to wonder what such lack of support for the community they serve as "civil servants" is based in? Since at least 1976 they have covered up the mandated appeals boards. Is it just pure ego and arrogance or another hidden plan to bankrupt the people? They are bankrupting themselves as a result of their blindness all these years - the blind leading the blind. Time is on the side of justice . . . as constitutional deprivation has taken place on a mass scale.
Barbara Palmer: Informing Realtors or Agenda 21 U.N. Informant?
September 22, 2008 - Realtors and title companies need to pay serious attention and take time to understand political mandates to remove property, property rights and constitutional rights - right before their very noses. Read this exchange between Ray D. Schneider of Bailey Properties and G. Richard Arnold, Executive Director, Association of Real Estate Advisors. AREA continues to inform and educate the Board of Realtors and their members of the proven and alleged illegal and corrupt activities taking place right down to our local level at the County building. Read more.
To Those Fighting the Lawless Planning Department and for Self-Government
- Was this a Rude Response or a Defense of Agenda 21?
September 19, 2008 - The double sided flyer of the recent Metro political editorial ads on the Planning Department has been welcomed by realtors, title companies, brokerage firms, veterinarians, florists, pharmacists, gas station owners, etc. all over the county. So I was surprised when a "lady" shoved back the flyer to me saying she knows all about it. Read more of G. Richard Arnold's continued efforts on your behalf. If you would like to help in passing these informative flyers around, please print them and do so. Thank you. Side one. Side two.
The Big Picture Remains the Same: Agenda 21 Mandates Socialism
September 11, 2008 - Association of Real Estate Advisors Founder, G. Richard Arnold, investigated how long ago local politicians and media were hooked into the marxist socialist removal of constitutional and property rights. They are more active than ever. Read this well researched report.
Government Watchdog Teaches County the Law. Then Ignored.
September 10, 2008 - Harold Griffith, government watchdog and paralegal, has been recording and filing letters and lawsuits against Santa Cruz County's web of corruption and deception for more than a decade. His newest letter instructs the Board of Supervisors, County Counsel and Planning Dept. how to properly follow the higher State laws. The mentioned Briseno v. City of Santa Ana case does not allow counties or cities to narrow State laws is posted here. Please beware. Read more.
Griffith previously filed a letter to Tony Campos on August 19, 2008. Even with notification of preemptive laws, the above entities are still up to "their deception and corrupt policies" per a local critic. Read the previous letter.
Sentinel Prints Poorly Researched Editorial on Supervisors Meeting
September 10, 2008 - Sentinel article today does not reflect the legal content in the two hours of critics protest speeches and documents presented at the September 9, 2008, Board of Supervisors meeting. Our home page story is thorough regarding the laws restricting this county from fraud and corruption; but they will have to start to follow the laws. Read comment, to this poorly researched news report, by an expert on the Planning Department, Claire Machado.
County Tries to Continue to Side Step Due Process Rights
September 8, 2008 - Why is the County trying to limit and block citizen access to independent and fully functioning appeals boards? Should Tom Burns and Dana McCrae take a class from the Alliance for Change? Find some answers in a letter by Cove Britton, Matson Britton Architects. Will Ellen Pirie and the Supervisors respect this letter? Read more.
County Continues to Ignore That They Have Hidden the Housing Board of Appeals Commission and They Deny Lowell Webb A Due Process Hearing
August 25, 2008 - Long term Soquel resident, Lowell Webb, has continued to ask for his legal right to the independent Housing Board of Appeals Commission hearing. The County has yet to recognize, that not only have they withheld relief and due process from citizens by hiding the Building Board of Appeals Commission, they have also withheld the required by State Statute of the Uniform Housing Code to provide a Housing appeal board. Read Webb's latest letter regarding the violation of his civil rights for due process and the placing of illegal red tags on his property, which property has been handed down through his family since the 1800's. Read more.
Paralegal Harold Griffith Teaches Supervisor Tony Campos True Laws and That the County's Red Tags Are Invalid and Illegal
For perhaps more than a decade Harold Griffith has remained vigilent to stand up for our Constitutional Rights. Please read his very important letter to educate the misinformed Supervisors, in another attempt to bring integrity and reason to how this County should be managed. Read more.
G. Richard Arnold Catches County DELETED Appeals Board (page 170) When Adopting The 2007 California Building Code. Pirie RECALL Committee Founded.
August 19, 2008 - There is no Question ... that the Santa Cruz Board of Supervisors has made it their policy to deny to the people of
See November 6, 2007, Supervisor "repeal record of Code 12.10 and 12.12 to illegally reduce appeal board authority". Included is protest letter by Harold Griffith, Paralegal, again attempting to teach the Supervisors, Planning Dept. and County Counsel to obey State laws and not to continue to violate them. Note that the County still would not disclose to the public their right to due process through independent appeal boards. A hidden flyer with invalid and conflicting terms was only found in the Planning Dept. lobby just this past week! Read more.
Britton Appeals to Board of Supervisors to Respect Property Rights
August 12, 2008 - Attn: Board of Supervisors of
The concern that many of us today are expressing is the lack of due process for the permit applicant.
The county has not informed the public of their appeals rights, has actively blocked applicants from their appeals rights, and has misinformed the public of their appeal rights. Read more.
Sent: 8/12/2008 12:25:20 P.M. Pacific Daylight Time
Subj: OP ED Santa Cruz Department of Deception
Santa Cruz Department of Deception by Gary Arnold
The amount of freedom the
Appeal Denied Citizen Stands Up for Santa Cruz Property Rights
August 12, 2008 - Re: Agenda Item 25 Building & Housing Board of Appeals
Dear Board of Supervisors:
There is much concern that the citizens of
Property Owner Denied Due Process
August 5, 2008 - One property owner stands up to David Lee, Assistant Director's erroneous statement denying appeal board hearing access. Please use the legal information provided in his letter, if it applies to your situation. This letter was read to the Board of Supervisors today to inform them of the illegality of Lee's statements. If you have been denied a hearing appeal by any County employee there is an independent citizen occupied board to help you, please Read more.
Hearing Brief Identifies County Planning and Code Compliance Abuses
County abuses are documented in one property owner's brief.
Lowell Webb's farm has been passed down through his family since the 1800's. Here is his rightful and legal defense, in a brief, to help other citizens by seeing this example. Please consult your paralegal or lawyer for your specific needs. Read more.
Deemed Complete by County Default and Appeals Board Ignored
Local architect asks why County has not established Appeal Boards. Read letter. Burns addresses only deemed INcompleteness. Previously in November 2007, Harold Griffith, Paralegal, requests County establish required appeal boards. The longer Ellen Pirie and all Supervisors and Tom Burns and his enforcer managers David Lee, Deming, Hart, etc. withhold due process, we believe the higher their fines and imprisonment time will be, if proven guilty. We have been supplied plenty to show violations and breaches. Please keep sending in your stories and documents. The sensitive information, even though not posted, is confidentially provided to legitimate attorneys.
County Passing Illegal Statutes
June 9, 2008 Letter
Attn: Board of
AGENDA: June 10, 2008 -- ITEM 10 Code Enforcement Penalties.
The Planning Department is suggesting that you violated your oath of office by violating the State and Federal Constitutions. These code enforcement penalties are illegal because preemptive state laws can be made applicable to both building and housing code enforcement so local or special laws on the subject are void pursuant to Article IV § 16(b) and the local laws conflict with preemptive state laws Health and Safety Code § 17980 et seq. which this Board of Supervisors is not permitted to do.
INTRODUCTION TO PREEMPTIVE STATE LAWS
First of all, it should be remembered that Article XI § 7 of the state Constitution allows a local governments to adopt laws that are not in conflict with the general laws of the state. Of course, this means that local governments are prohibited from adopting laws that do conflict with state laws. Also, Article IV § 16 (b) states: “A local or special statute is invalid in any case if a general statute can be made applicable.”
That said, let’s look at the state building, housing and zoning law enforcement sections. Health and Safety Code § 17980 et seq. sets out the prohibited conduct for building codes and the following sections detail the enforcement procedure to be used by local governments to enforce building code standards and regulations. Penalties are set of in Health and Safety Code § 17955 et seq.
Health and Safety Code § 17958 requires local agencies to adopt the same codes stated in Health and Safety Code § 17922 or they become local law automatically. One of those codes required to be adopted by Health and Safety Code § 17922 (a)(1) is the UNIFORM HOUSING CODE which is the only law in the state that can be lawfully used to abate violations of regulations on existing buildings by the code enforcement program. An “existing building” is defined in the California Building Code as a building existing when this code was adopted. Since this Board adopted the California Building Code as of January 1, 2008, then all buildings in existence on that date were and are existing buildings. Violations of regulations concerning existing buildings must be brought pursuant to the UNIFORM HOUSING CODE or prosecuted by the District Attorney (who is not a planning department employee) as misdemeanors as stated in Health and Safety Code § 17922(g):
“A local government agency may not permit any action or proceeding to abate violations of regulations governing maintenance of existing buildings, unless the building is substandard building or the violation is a misdemeanor.”
The definition of a “substandard building” is found in Health and Safety Code § 17920.3. Health and Safety Code § 17920.6 defines the “Housing Appeals Board” which hears appeals of the requirements of the County regarding maintenance, change of occupancy including alterations, additions, repairs etc.
Government Code § 53069.4 allows a local agency to make by ordinance a violation of a local ordinance subject to an administrative fine or penalty. It is obvious that since a local government is prohibited by Article XI § 7 of the State Constitution from adopting laws that conflict with the general laws of the state that the Legislature cannot grant to local governments the authority to make violations of building or housing regulation subject to administrative fines and penalties because the Legislature has already made specific and preemptive general laws in those areas. Health and Safety Code § 17995 states the penalties for building code violations.
Government Code § 53069.4 does allow the County to make violations of zoning laws subject to an administrative fine or penalty. However, when the County tries to expand the reach of zoning into regulation on existing buildings, then the County is again in violation of Article XI § 7 of the state constitution because regulation of existing building has also been preempted by the state.
CURRENT LOCAL PROGRAM
The current County Code Enforcement Program is a complaint generated enforcement program. When a neighbor or someone else complains of a zoning, planning or building violation a Code Enforcement Officers inspects the property, issues a notice of violation or “red tag” and gives the property owner a “citation” and a short time (20-30 days) to fix the violation without penalty. This time frame is simply too short because the average citizen cannot even understand the process in 2 or 3 weeks let alone get a permit in Santa Cruz County. In
The County holds a Hearing on the violation sometimes and sometimes doesn’t. The County records the violation on the title and sometimes doesn’t.
County
County
County
County
ALTERNATIVE APPROACHES
One alternative approach to the current enforcement of unconstitutional local codes and ordinances would be to strictly enforce the state law applicable to building and housing code violations. A second part of a new approach would be if the County Planning Department would acknowledge that zoning ordinance only apply to the planning process and are basically only rules for evaluating submitted plans for conformance with local land use requirements so that a zoning and building permit can be issued. After a structure is build it doesn’t need to conform to zoning law any longer. The idea contained in the County codes that there can be a zoning violation is pure poppycock because it that were true a permit would not be issued and the zoning violation would not exist. The concept of non-conforming uses exposes the stupidity of the concept of zoning violations. If a builder does not obtain a zoning approval and does not obtain a building permit, then the County can simply use the applicable state law to enforce the violation of construction without a permit.
CONCLUSION
This Board should direct the Planning Department staff to submit a draft ordinance removing from the County Code all local provisions that conflict, duplicate or weaken state law as required by Article XI § 7 and instruct Planning Department Staff to use only applicable state law when enforcing building and housing code statutes.
Sincerely,
Harold Griffith
P. O. Box 96
Freedom, CA 95019
___________________________________________________________________________
Board of Supervisors Planning Commission
Agenda Date: June 9, 2008 *RESCHEDULED FOR TWO WEEKS*
Subject: Review of Design Brochure No. 2
Dear Supervisors:
13.11.076 Preparation of design review standards and guidelines manual.
The Board of Supervisors, upon consideration of the Planning Commission’s recommendation, may adopt, by resolution a “Design Review Standards and Guidelines Manual” setting forth standards and guidelines for the use of persons planning future developments subject to site, architectural, and landscape design plan approval. The purpose of the manual shall be to assist the public, the community, applicants, designers, architects, landscape architects, engineers, staff and the recommending and decision-making bodies in applying and evaluating conformance with the requirements of this Chapter. Review and revision of the Design Standards and Guidelines shall be conducted periodically in order to consider any changing aesthetic and environmental concerns of the community.
Clearly the court ordered that Design Brochure No. 2 be adopted as the Design Review Standards and Guidelines Manual, there is no other process for adopting anything else under 13.11.076. Clearly the ordinance requires that it the Design Standards and Guidelines need to be in conformance with Chapter 13.
Has anyone on staff addressed whether the brochure complies with Chapter 13?
Has anyone on the current Planning Commission addressed whether the brochure complies with Chapter 13?
If so, how?
I believe that considering I won the suit, I believe it is now the county’s responsibility to indicate how they complied with the courts ruling…to date there has been no effort by planning staff to indicate how they have done so…
Does the Board of Supervisors sincerely believe that the Judge Atack was confused as Mr. Burns has stated (in the Santa Cruz Sentinel and to the Planning Commission)? Does the Board believe that it is “surprising” (as stated by staff) that Judge Atack ruled against them?
I believe that question should be answered. The very nature of what the Board decides on this issue is based on whether Judge Atack is confused or not.
Due process is important to this community, the idea that it is only applicable when county staff is not “surprised” by the fact that a court ruled against them is insulting to the community as a whole, and reason to believe that the community will not be treated with the respect and fairness due them.
Sincerely,
Cove Britton
Supporting Comment:
"Laws cannot be arbitrary or capricious or they are void. Laws must be clear enough to convey to the ordinary person what is allowed and what is forbidden.
The adoption of an educational brochure that is not binding, when the County Code requires a manuel to guide people through the design review process is simply illegal." Harold Griffith, Paralegal
