UPDATED
Here is a question for the Apache County Officials. If you had adopted legally the 2003 International Residential Building codes as you claim you have. Why have you never followed the Section R 113 or Section R 114? Do you have any understanding of “time of discovery” and the limitations on a political subdivision for the prosecution of a petty offence and or a class two misdemeanor? You the Apache County Officials have failed to do your due delegence and as such have created all the legal nonconforming uses in Apache County. Just how many alleged violators have been prosecuted? None that I have found nor that any of those property owners I have spoken too have been.
So just who should we look at for this failure the people or the public officials?
I have a copy here from your own Apache County Building Ordinance.
____________________________________________________________________________________
Here are copies of my recorded code violations. If you read the first part it is the sworn statement of the Apache County Building Official.
And he says I never responded to the Jan.11, 2008 letter sent to me. Although in the letter recorded it fails to mention that if I did not respond they would begin the process of recording the alleged violation. However I did respond to the Jan.28, 2008 letter as it did mention the process of recording the alleged violation. I answered in a 11 page letter by certified mail. So I feel that this sworn statement is incorrect in it’s content. I would also point out that the Apache County Building Officials also failed to mention that with each new letter sent to me the letter added another ten days the respond before any process would begin. And that the Building Official failed to mention the two letters he sent to me and how each of his two letters added ten days to the response. These letter should have just said what they meant. SUBMIT TO OUR COLOR OF LAW OR PAY THE PRICE. As they failed to ever mention any zoning ordinance being violated. Nor did any letter sent to any property owner mention any right to appeal or any mention of any type of hearing either administrative or criminal. And each item mentioned in the letters from Rogers were never legally adopted by ordinance as required by the ARS.
recorded code violation part 1
In part two it shows how I was sent this letter for failing to get a permit for a manufactured home and other building. I do not have a manufactured home I have a mobile home. And yes it makes a difference. And I felt at the time the “RESPONSE TIME” mentioned was not directed at me. But as a time for them as it is very unclear.
recorded code violation part 2
The third part shows the first mention of a recorded code violation. BUT not one of the two letters mentions anything about a right to appeal or anything about a hearing to defend the alleged violation.
This code violation against me was done in retaliation for looking into the way they had been enforcing the zoning ordinances in the past. In Apache County it was either do what they say or pay the price. And when I questioned what they were going to do they clouded my property title. And there are 40 others whom this has happened too. And many others who just submitted without ever knowing any better.
If you read this link you will find the statement made by the building official that if they did not hear from me by Feb. 28,2008 5:00 p.m. they would start the process of recording a NOTICE OF VIOLATION, with the added impilied threat of devaluing my property following. So now I may not be a lawyer but by the building official making this statement he is telling me he extented the first letter sent on Jan.11,2008 and yet he failed to mention that in his sworn statement.
Now in this second letter from the Building official he extents the time to March 14, 2008 and yet this was not mentioned in the sworn statement. Nor that I had answered by certified mail the letters of Jan.28,2008 and both of the building officials letters to me.
Here is part of the mentioned Apache County Building Ordinance he failed to produce in the documents sent to me. If you read the two pages I have in the link you will see that this is a Building ordinance and the reference made for the adoption of the building codes is being made into this BUILDING ORDINANCE not the Apache County ZONING ORDINANCE as required by ARS 11-861. I would also like you to see the enforcement and penalties page I have in the link. Is it me or does it say the enforcement is by a criminal prosecution? And I failed to see any other type of enforcment or any mention in the penalites part about a penalty. All I see is what is known to lawyers as a classifacation of a offense that does not lay out in full all penalies as required by ARS 11-866. Of cousre this part of the building ordinance was not included in anything sent to me by the building official in his last letter.
And this building ordinance was adopted at a BOS meeting not a public hearing. I have the mintues of that meeting I will be posting soon.
EXAMPLE OF A LEGALLY RECORDED VIOLATION
Here is what I think a legally recorded code violation for not having a permit should look like. Notice it mentions the state statute and the county ZONING ORDINANCE being enforced and how it mentions a hearing date. Thus showing this property owner was allowed due process in the alleged violation. I have all the pages to this violation in hard copy.
Here is the Apache County Zoning Ordinance in place when my property violation was issued. See if you can find any mention of a “REQUIRED PERMIT” to build. Then see if you find any mention of them recording a violation. Now look at the enforcement and penalty section and what it says. Do you see anything that mentions what the penalty is for a violation??? Or do you just see the “CLASSIFACATION OF A OFFENSE” which is not a PENALTY. And according to ARS 11-866 all penalties must be lay out if full. And ma not be adopted by a reference. This below is less then a reference as it is only a class of a offense.
PENALTY
SECTION 1301 – PROVISION
If is unlawful to erect, construct, reconstruct, maintain, or use any land in any
zoning district in violation of any regulation or any provision of any ordinance pertaining
thereto. Any person, firm, or corporation violating such an ordinance, or any part
thereof, is guilty of a class 2 misdemeanor. Each and every day during which the illegal
erection, construction, reconstruction, alteration, maintenance, or use continues is a
separate offense.
