This means if you prevail in your legal action, you can obtain payment for damages from their pensions, salaries, home equity, investments, side businesses and more.
In addition, only one Planning Dept. staff person was a certified building inspector. As of mid October 2008 a second became certified after holding her position for several years that requires this State mandated training. The Director, Tom Burns, is required to be a State certified building inspector before hiring. He is still not certified. Do you understand why there is abuse and chaos? Read Health & Safety Code 18949.25 et seq. Documents, permits and red tags issued by the director, assistant directors, building staff planners and building inspection code compliance personnel are therefore invalid and not binding due to their noncertification and noncompliance with State mandated continuing education.
U.S. CODE TITLE 42, CHAPTER 21 - CIVIL RIGHTS, SUBCHAPTER I,
Sec. 1983 and Sec. 1985 - Civil action for deprivation of rights and conspiracy to interfere with civil rights. Read more.
PRECEDENT COURT CASES PROTECTING DUE PROCESS AND PROPERTY RIGHTS FOR CITIZENS DEFEATS SANTA CRUZ COUNTY WEB OF DECEPTION AND CONSPIRACY.
Notorious Santa Cruz Board of Supervisors Ellen Pirie, Jan Beautz, Tony Campos, Neil Coonerty, Mark Stone, and Susan Mauriello, County Adminstrator, and Tom Burns, Planning Director, David Lee and Mark Deming, Ass't. Directors, Paia Levine, Staff Planners, and Ken Hart, Dave Laughlin, Kevin Fitzpatrick, Jacob Rodriquez, Laura Madrigal of Code Compliance, Jennifer Hutchinson, Don Bussey and many others are denying property owners due process and permits, with arbitrary, capricious and unlawful treatment that has extorted hundreds of millions for their own uses. Well researched and substantiated lawsuits, as well as personal citizen accounts, have concluded premeditated collusion which even included County Counsel, Dana McCrae, Tamyra Rice, Jason Heath, Chris Chelendon, Rahn Garcia and others. They will all be facing restitution to property owners and the subsequent consequences for their unlawful acts, noncertification, negligent hiring, lack of training and violations of their oaths. Another large lawsuit will be filed by end of month. Revisit our Court Cases tab in a few weeks. Read more.
SUMMARY OF LAW FOR APPEAL BOARDS, INVALIDATING RED TAGS AND COUNTY CIVIL PENALTIES
An important summarized explanation of the law has been generously provided in order to help explain what has happened to homeowners, contractors, realtors and property owners “under the misguided
Santa Cruz
County local government”. This will clarify your rights and enable you to begin to prepare to rectify, find recourse and restitution for your situation. Supervisors Ellen Pirie, Beautz, Campos, Coonerty and Stone, and Dana McRae (County Counsel), Tom Burns (Planning Director), David Lee, Jennifer Hutchinson, Mark Deming, Ken Hart, Kevin Fitzpatrick, Don Bussey and most County staff - have the wrong interpretations of preemptive law and precedent cases- proven by their long list of activities we are documenting, researching and exposing. We purposely did not use the word alleged. Read more.
State Code 108.8 overrides and preempts local ordinance restrictions for appeal boards. The County cannot restrict the appeal boards in their altered ordinance 12.10 and 12.12.
As of January 1, 2008, properties are "all grandfathered in prior to this date" by this Counties adoption of the California Building Standards Code (not the statewide recognized superior code preferred by other counties). So, why is this County pursuing property owners homes and buildings with unjustified intimidation and abuses of the law? September 25, 2007, Agenda item #27 is a directive letter written September 10, 2007, by Tom Burns and Susan Mauriello, County Administrator, to the Board of Supervisors, regarding the adoption of the California Building Standards Code. Read this document.
HEALTH AND SAFETY CODE 17959.4 DECLARES THE HOUSING APPEALS BOARD CAN DEFER ABATEMENTS
The Building and Fire Code Board of Appeals Commission, newly founded, can defer abatements per code section 17959.4. The housing appeals board may, in cases of extreme hardship to owner-occupants or tenants of dwellings, provide for deferral of the effective date of orders of abatement. Any deferral of the effective date of an order of abatement under this section shall terminate upon any sale or transfer of the dwelling by the owner-occupant but shall not terminate upon the sale or transfer of the dwelling if the dwelling is occupied by a tenant other than the owner-occupant.
GOVERNMENT CODES REQUIRING DISCLOSURE FROM PUBLIC OFFICIALS
Assets and source of income of public officials which may be materially affected by their official actions and/or decisions should be disclosed and in appropriate circumstances the officials should be disqualified from acting in order that conflicts of interest may be avoided. - Gov. Code section 81002(c)
"No public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest."
- Gov. Code Section 87100
"SINCE SANTA CRUZ COUNTY PLANNING DEPARTMENT CODE ENFORCEMENT FEES GO 100% TO PAY SALARIES , ETC OF THE ONE MAKING DECISIONS, the UNCERTIFIED code compliance deciding agent is financially interested in what he/she or his/her co-workers decide is or is not a violation and to record the violation."
- Concerned Citizen
The Political Reform Act prevents conflicts of interest in two ways -- disclosure and disqualification.
"Notwithstanding any other provision of this title, a person required to file more than one assuming office statement, statement of economic interests, or leaving office statement, due to his or her status as a designated employee for more than one joint powers insurance agency, may elect to file a multiagency statement disclosing all investments in entities doing business in the state, all interests in real property located within the state, and all income received during the applicable time period, in lieu of filing the disclosure statements for each agency.
The filer shall notify the commission of his or her decision to become a multiagency filer. This status shall continue until revoked by the filer."
- Gov. Code Sections 87350.
STATE PREEMPTIVE LAW ALLOWS FARM HOUSING UP TO TWELVE UNITS ON AGRICULTURAL LAND WITHOUT PERMITS
"At the meeting staff discussed the distinctions between the County’s approval process required for “caretaker units” and the potential use of the provisions of the StateEmployee Housing Act, which treats farm worker housing for up to 12 employees as an allowedagricultural use on agriculturally zoned land and does not require a discretionary land use approval from the Board of Supervisors." Citizens are wondering why the County has red tagged and gone after Webb's Farms in Soquel when his property, handed down through family since the 1800's, is agricultural with lodging for farm help? Read this document.
Article IV section 16 State preemptive general statutes:
(a): States that, "All laws of a general nature have uniform operation," (throughout the State)
(b): States that, "A local or special statute is invalid in any case if a general law can be made applicable."
Article XI section 7:
"A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict wtih general laws."
Health and Safety Code section 17920.5 and 17920.6 define Appeals Boards. The County law adopting the repeal of public laws is simply void.
The County Planning Department, Code Compliance and Board of Supervisors do NOT have any legal authority to pass conflicting ordinances and codes, and to control with unlawful restrictions, and repeal preemptive general laws of the State and Nation.
They cannot and would violate your rights if they do:
1. Assign "Discretionary" status to building and housing permits as the County must recognize the State Codes. There is no law giving discretionary control by anyone to the County. CEQA 15369 defines all building permits are "ministerial" permits. CEQA 15357 Discretionary project requires the exercise of judgment or deliberation. However, the County is bound by the State Building & Housing codes and the Health & Safety Codes, therefore, has no leverage or discretion available to them.
2. Invoice permit applicants "At Cost" with a fraudulent hourly system that breaches legally mandated fees at reasonable rates.
3. Impose red tags for any reason as violations of preemptive State codes are only misdemeanors.
4. Record red tags that they do not have the legal standing to serve on property owners and they have no authority to record to title such documents, as they are NOT instruments as defined by State law, that takes precedence over any County employee. The County has no authority over your property rights and are breaching State Law, government code and multiple precedent cases in doing so.
5. Red tag for rental units, grading, tree cutting, clearing of one's property (even after a fire), fencing, driveway gates and landscaping, old car removal and more. The County cannot limit one to single story guest homes. You have the legal right to build a two story unit with a garage underneath if you have the space. The County is limited to abide and obey the State Uniform Housing and Building Codes only and cannot step outside of them.
6. Per the State, the County must acknowledge the local Building Board of Appeals Commission and Housing Appeal Board as separation of power occupied by independent citizens to protect the public. Thousands have NOT been disclosed of this Commission required by State law since the Uniform Codes required them in 1956. Ellen Pirie (a little too late and legally in error), Chair Supervisor and Tom Burns, Director of the Planning Dept. have breached your Constitutional rights for due process to date - July 18, 2008! Citizens, once realizing their rights have been violated, have several years for restitution and recourse allowed by law.
If you have experienced abuse and mistreatment from unlicensed and untrained staff at the County and would like assistance, feel free to contact our Help Resources.
State Brown Act and Sunshine Law
You have the right to documents, records, drafts and notes, information, inspect, record meetings, and not be required to give your name, address or reason.
Brown Act: Effective July 1, 2008: Section 54957.5 requires:
- Any non-confidential documents or writings that the agency distributes, less than 72 hours before a regular meeting, to all or a majority of the legislative body's members, must be available to members of the public at the same time as distribution.
- The agency must identify on all agendas the address of the public office or location where the writings are available.
In addition to making the records available at the designated location, the agency may post the documents on its website. (We have noticed missing documents regarding critical citizen rights matters.)
State Constitution - Articles
Article IV section 16(b):
It states that a local or special statute is invalid if a state law can be made applicable.
ARTICLE 1 DECLARATION OF RIGHTS
SECTION 1. All people are by nature free and independent and have
inalienable rights. Among these are enjoying and defending life and
liberty, acquiring, possessing, and protecting property, and pursuing
and obtaining safety, happiness, and privacy. Read more.
SEC. 13. THE RIGHT OF THE PEOPLE TO BE SECURE
Comment: The County of Santa Cruz Supervisors and Planning Dept.
are attempting to pass ordinances to enter properties without
notice or permission. They are also considering arming
code compliance personnel.
The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable seizures and
searches may not be violated; and a warrant may not issue except on
probable cause, supported by oath or affirmation, particularly
describing the place to be searched and the persons and things to be
seized.
ARTICLE 13C VOTER APPROVAL FOR LOCAL TAX LEVIES
Comment: Court cases have been won against the County of Santa Cruz
for illegal taxation. In addition, illegal liens have been placed on properties
standing up for their Constitutional rights. Court Cases will be posted shortly.
SEC. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution:
(a) All taxes imposed by any local government shall be deemed to
be either general taxes or special taxes. Special purpose districts
or agencies, including school districts, shall have no power to levy
general taxes.
(b) No local government may impose, extend, or increase any
general tax unless and until that tax is submitted to the electorate
and approved by a majority vote. Read more.
ARTICLE 1 DECLARATION OF RIGHTS - Religion Without Discrimination
Comment: There is evidence of religious discrimination against the public by the County of Santa Cruz.
SEC. 4. Free exercise and enjoyment of religion without
discrimination or preference are guaranteed. This liberty of
conscience does not excuse acts that are licentious or inconsistent
with the peace or safety of the State. The Legislature shall make no
law respecting an establishment of religion.
A person is not incompetent to be a witness or juror because of
his or her opinions on religious beliefs.
ARTICLE 1 DECLARATION OF RIGHTS - Freedom to Gather & Petition
Comment: Challengers for election, their staff and former employees of the
County of Santa Cruz, have had their property or rental(s) rousted by the
County of Santa Cruz Planning Dept.
SEC. 3. (a) The people have the right to instruct their
representatives, petition government for redress of grievances, and
assemble freely to consult for the common good.
(b) (1) The people have the right of access to information
concerning the conduct of the people's business, and, therefore, the
meetings of public bodies and the writings of public officials and
agencies shall be open to public scrutiny.
(2) A statute, court rule, or other authority, including those in
effect on the effective date of this subdivision, shall be broadly
construed if it furthers the people's right of access, and narrowly
construed if it limits the right of access. A statute, court rule,
or other authority adopted after the effective date of this
subdivision that limits the right of access shall be adopted with
findings demonstrating the interest protected by the limitation and
the need for protecting that interest. Read more.
The County does not recognize the following preemptive State laws and are required to.
Article IV section 16(b) of the State Constitution protects you.
It states that "A local or special statute is invalid in any case if a general law can be made applicable." This State Law continues to be ignored by the County of Santa Cruz as witnessed by the stories we receive weekly. Please note that you are protected from many local ordinances by this Constitutional law.
Health and Safety Code:
17985. (a) Any enforcement agency which institutes an action or
proceeding pursuant to this article shall record a notice of the
pendency of the action or proceeding in the county recorder's office
of the county where the property affected by the action or proceeding
is situated. The enforcement agency may charge the property owner
for any cost involved in recording the notice. The enforcement
agency shall reimburse the owner for any amount charged if the case
is dismissed or if the defendant is found innocent. The notice shall
be recorded at the time of the commencement of the action or
proceeding. It has the same effect as the notice of pendency of
action provided for in the Code of Civil Procedure.
Therefore, recordation of red tags is NOT a notice of pendency of action.
The County of Santa Cruz is also breaching this Health and Safety Code with illegal red tag notices of violation and recordations.
SECTION 1. All people are by nature free and independent and have inalienable . Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting , and pursuing and obtaining safety, happiness, and privacy. Read more.ARTICLE 13C VOTER APPROVAL FOR LOCAL SEC. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution: (a) All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. (b) No local government may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. ARTICLE 1 DECLARATION OF RIGHTS - SEC. 4. Free exercise and enjoyment of religion without discrimination or preference are guaranteed. This liberty of conscience does not excuse acts that are licentious or inconsistent with the peace or safety of the State. The Legislature shall make no law respecting an establishment of religion. A person is not incompetent to be a witness or juror because of his or her opinions on religious beliefs.ARTICLE 1 DECLARATION OF RIGHTS - SEC. 3. (a) The people have the right to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good. (b) (1) The people have the right of access to information concerning the conduct of the people's business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny. (2) A statute, court rule, or other authority, including those in effect on the effective date of this subdivision, shall be broadly construed if it furthers the people's right of access, and narrowly construed if it limits the right of access. A statute, court rule,or other authority adopted after the effective date of this subdivision that limits the right of access shall be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
Health and Safety Code:17985. (a) Any enforcement agency which institutes an action or proceeding pursuant to this article shall record a notice of the in the county recorder's office of the county where the property affected by the action or proceeding is situated. The enforcement agency may charge the property ownerfor any cost involved in recording the notice. The enforcement agency shall reimburse the owner for any amount charged if the case is dismissed or if the defendant is found innocent. The notice shall be recorded at the time of the commencement of the action or proceeding. It has the same effect as the notice of pendency of action provided for in the Code of Civil Procedure.
SECTION 1. All people are by nature free and independent and have inalienable . Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting , and pursuing and obtaining safety, happiness, and privacy. Read more.ARTICLE 13C VOTER APPROVAL FOR LOCAL SEC. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution: (a) All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. (b) No local government may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. ARTICLE 1 DECLARATION OF RIGHTS - SEC. 4. Free exercise and enjoyment of religion without discrimination or preference are guaranteed. This liberty of conscience does not excuse acts that are licentious or inconsistent with the peace or safety of the State. The Legislature shall make no law respecting an establishment of religion. A person is not incompetent to be a witness or juror because of his or her opinions on religious beliefs.ARTICLE 1 DECLARATION OF RIGHTS - SEC. 3. (a) The people have the right to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good. (b) (1) The people have the right of access to information concerning the conduct of the people's business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny. (2) A statute, court rule, or other authority, including those in effect on the effective date of this subdivision, shall be broadly construed if it furthers the people's right of access, and narrowly construed if it limits the right of access. A statute, court rule,or other authority adopted after the effective date of this subdivision that limits the right of access shall be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
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