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Cease and desist living?, property owners warning
swizz
post Jun 22 2017, 07:00 PM
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I strongly agree with nate. It is absolutely WRONG what they are trying to do and they need to be called out on it. After reading Gene's posts... this will be a difficult road to hoe. The county will be counting on you to cave in. Somehow... I don't think that's how it's going to transpire.


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CP
post Jun 24 2017, 09:36 PM
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Thanks Gene, I do appreciate your posts and info you've dug out. We've found some useful info within those links about procedures they've not followed or options they've not allowed that should have been offered etc.
I don't think you're an advocate for the county either but I tend to be a bit worked up by this ordeal so my apologies for seeming a bit worked up..... All our "dogs" are in this fight in our life here. Nothing meant towards you Gene, all your efforts are greatly appreciated, truly, thank you again.
You're correct too, this has been on going since the mid 70's and just gaining more steam each year and county that passes similar or permits this crap! Does not make it right or legal! Some of us think it's not legal and in fact just the opposite. So much so that it's causing many families and elderly to live in unsafe conditions or even become homeless to satisfy the county's whims ....oh sorry regulations.
Just ridiculous !

Thanks Nate and Swizz too, we sure agree with you both and intend to stand for our rights as owners.
Seems like there is just such a mass misunderstanding about ownership/rights in general that many are so confused they actually believe that a county gov agent or dept has the right to make them vacate property they own by using "county codes" or "land use regulations".
Ownership of the land is what it is and that means we the owners on the deed certainly have the RIGHT TO ACCESS AND OCCUPY THEIR PROPERTY! 100% AND EXCLUSIVELY!
Owners do not need nor should they be required to have the county's "ok" to access or occupy their own property!

County codes are regulations, they are not laws as far as I know. My rights are not something that any county can "regulate" or eliminate via regulations in any county any where!!
These are simply facts or am I mistaken! Is this something that should have to be "proven" to the county?!

We'll be reading as much as we can and thanks again to all of you for your posts and info! thumbsupsmileyanim.gif
Anyone has any more thoughts I'd love to hear some more.



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Gene Kooper
post Jun 25 2017, 01:27 PM
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Dan,

No problem here. We are both plain spoken is all. thumbsupsmileyanim.gif
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Denise
post Jul 8 2017, 09:16 AM
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Thank you very much for the PDF's and info you provided on June 21st in post #14 Gene. happy088.gif
Very helpful information!!
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EMac
post Jul 10 2017, 02:29 PM
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Good luck tomorrow! I hope you're able to reach a suitable resolution, and your dealings with the legal system are better than what I've been exposed to.


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CP
post Jul 13 2017, 11:44 AM
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Thanks Eric, so far it's just formalities but the prosecution has not had to present any evidence since it's just the arraignment stage. Next it's on to the pre-trial stage, then the county must provide evidence to prove "beyond a reasonable doubt" that their accusations of my criminal behavior (illegal dumping of sewage and using my land without a "cert of occupancy" + other misc camper, sq ft, drive access i didn't buy) to be accurate or real and in fact criminal violations as accused. They can not prove this!

I've of course plead not guilty to go to trial but I suspect they can not prove their accusations is my stance and I believe we've dug out the evidence to show this and further more, that we are in fact dumping sewage in the proper fashion without any hazard to the public health. Nor do I think or believe for one second that a certificate of occupancy or lack there of can be used to physically take/remove someone from their own land! Absolutely crazy!!

Cert of occupancy is clearly written and in place to protect the buyer or renter from ending up in a non-normal living condition according to normal on grid living.
However, we are not building to sell nor rent, just live..... AND WE HAVE THE RIGHT TO DO JUST THAT AND WILL CONTINUE TO DO SO!!
I do not need the county to "allow" my occupancy or access to my land at any point!

Folks this has gone on long enough and happens so frequently that many think it's actually proper to let the county run folks off their land or attempt to comply only to make life harder on them selves needlessly. Even as far as unsafe or unhealthy and homeless conditions so the county would just leave them alone! Not just this county, happens in every county I've ever been in.

I suspect at this point that if they can not prove my guilt and I can in fact prove we are in the right and then that they are outside their own authority completely applying the law/regs illegally on residents...... The county will offer a deal or something (a variance probably) rather than let this go to court and set a precedence they don't want.
What it will still do though is complete this demonstration in this forum which will be shared and viewed by many others to help them succeed successfully on their own lands when something similar occurs to them.

Onto the next phase next month for pre-trial......should be an interesting meeting with my attorney to prepare!! research.gif happy112.gif


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johnnybravo300
post Jul 13 2017, 08:13 PM
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I really can't believe it's gone this far. They have NO case and not a foot to stand on in this....and they have the burden of proof? Of what?
I can imagine their squirming as the date gets closer hehe.
It seems that a harassment and discrimination counter suit would be in order and that could be big bucks. You guys should really stick it to them on this. Milk them dry and laugh all the way to the bank!


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CP
post Aug 19 2017, 07:41 PM
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Update.......
Had the pre trial as it was called on the 8th but the only single piece of evidence the prosecutor presented to my attorney so far (required as "discovery of evidence") for my attorney to prepare for trial with is a copy of the same summons i was issued originally. ..... That is all! And on top of that the 8/8 date was over 30 days for my speedy trial timeline rights.....prosecution is required to provide evidence within 15 days!

Guess the prosecution isn't required to follow the law with my "right to a speedy trial" timelines, but I'm expected to follow any and all county "rules" (codes) as they see fit?! Prosecution even had the gall to state "He had received no request for discovery as of yet"........WTF DUDE!! It's fricken required within 15 days!!
Oh sure but I should have had a request in for it! Gads he's an idiot!!

Now we are onto a motions hearing in November then trial date is tentative for December..... This all started 3rd week of May and now i'm looking at Dec and possibly longer of course, more than half the year. My actual rights to "life, liberty and happiness" are being negatively affected with one persons accusations and 1 single piece of paper the same accuser filled out and passed to me as a "cease and desist" order/accusation......NO EVIDENCE!! mad.gif



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johnnybravo300
post Aug 20 2017, 07:46 AM
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Lunacy on so many levels.... bash.gif


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CP
post Nov 30 2017, 06:24 PM
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Right Johnny completely!
Good news on this front...... my case has been dismissed by motion of prosecution! smiley-cool14.gif happy088.gif


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relicsncoins
post Nov 30 2017, 06:38 PM
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Great news Dan.
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swizz
post Nov 30 2017, 06:43 PM
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CONGRATULATIONS! That has to be a huge burden lifted, especially going into winter. It's a Christmas miracle! emoticon-object-024.gif thumbsupsmileyanim.gif emoticon-object-024.gif


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Crusty
post Nov 30 2017, 08:41 PM
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great news!


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EMac
post Dec 1 2017, 11:09 AM
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Congrats! That's great for you!


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johnnybravo300
post Dec 1 2017, 07:05 PM
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Happy to hear that's over. Nobody needs those hassles.


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