Jump to content






Photo
- - - - -

When Does Cleaning Up Turn Into Rights Infringement?


  • Please log in to reply
34 replies to this topic

#1 camay2327

camay2327

    GO NAVY

  • Moderator
  • 11,481 posts
  • Gender:Male
  • Location:Folsom

Posted 01 October 2014 - 06:23 PM

I saw this in today's Folsom Telegraph, dated  1 October 2014.

 

I will be typing this in so if there are any typos it is my fault.

What about this????  Are you kidding me ???

Is this true???

 

Quote:

COMMENT

READER INPUT

 

When does cleaning up turn into rights infringement?

 

Cleaning up our neighborhoods does need to be done but in a way that is acceptable to the citizens involved and without infringement or rights.

 

What would help is removing dead cars from street view, get cars off the lawns, remove rubbish and weeds, cut trees growing over sidewalks, repair dilapidated fences and sidewalks and other corrections in keeping with codified law or ordinance.

 

A few days ago our local code enforcement agent, Peter J. Picardo here in Folsom, went door-to-door in an attempt to clean up the neighborhood. Code enforcement by its definition would lead one to believe that the agent is enforcing codified laws or statute and that the agent himself is following the law in his enforcement methods. Neither is the case here. Picardo told one city resident who is known for his red, white and blue yard décor and large American flag on his house that he had to “tone down” patriotic colors. My first reaction was an offer to paint the house – yes red, white and blue – but the property owner declined fearing retribution from the city.

 

During Piardo’s door-to-door visit he also conducted warrantless searches of at least one property entering the back yard through a closed gate. I have witnessed such unlawful searches by code enforcement in the past and was threatened with arrest when I asked the agent who he was and why he was entering my neighbor’s yard.

 

The citizen that Picardo told to town the red, white and blue is a man that takes extreme pride in home and country having two sons that fought in the Persian Gulf. The man is often jokingly called the neighborhood captain because he does remind his neighbors to keep lawns green, before watering fines, and to keep their yards tidy. But instead of seeing the citizen as a positive and potential asset to the stated desired result, Picardo, in classic Folsom city style, went on the attack. Picardo threatened another man with a search of the inside of his home which is totally outside the Code jurisdiction of code enforcement and requires a search warrant exception. Code enforcement does not fall under any exception. The joke goes that red, white and blue stand for freedom unless it is flashing in your rear view mirror. Our government – city, state and central – are chipping away at the freedom and making our national colors a vulgar thing to display. What is left is the anxiety of government all around us that was once confined to the rear view mirror. I say fly your flag proudly and if some Nazi city representative tells you that you can’t offer him an embarrassing place in the national spotlight.

 

MARK  C. RUNYAN, Folsom

 

Unquote:

 

 


A VETERAN Whether active duty, retired, national guard or reserve - is someone who, at one point in their life, wrote a blank check made payable to "The United States of America" for an amount "up to and including their life". That is HONOR, and there are way too many people in this country who no longer understand it. -Author unknown-

#2 supermom

supermom

    Supermom

  • Premium Member
  • PipPipPipPipPipPipPipPipPipPip
  • 10,225 posts
  • Gender:Female

Posted 01 October 2014 - 08:08 PM

gah..... attitudes abound in every sector of a workplace...



#3 Carl G

Carl G

    Hall Of Famer

  • Premium Member
  • PipPipPipPipPipPipPip
  • 1,674 posts
  • Gender:Male

Posted 02 October 2014 - 08:16 AM

Next time the neighbor needs to call the police.  If anyone enters someone's backyard the police need to talk with that person.  Power corrupts.  Absolute power corrupts absolutely.  When there are no punishments for this type of corruption it will only grow.  Just reference the NSA, the NSA's John Clapper, IRS commissioners Lois Lerner and John Koskinen, Ray Rice, Jeff Starsky and his phony police badge, etc., etc. etc.

 

As a country we have just sat back and watched our liberties just slip away.  When will it stop?



#4 TruthSeeker

TruthSeeker

    Superstar

  • Premium Member
  • PipPipPipPipPipPip
  • 967 posts

Posted 02 October 2014 - 08:36 PM

That asshat needs to be fired.


Svzr2FS.jpg


#5 supermom

supermom

    Supermom

  • Premium Member
  • PipPipPipPipPipPipPipPipPipPip
  • 10,225 posts
  • Gender:Female

Posted 03 October 2014 - 06:43 AM

ah crud-- right.

 

The effing Folsom cops wont ticket let alone arrest a lady for hitting a kid on a bike and driving off- because they knew her-

 

you really think they are going to discipline a city employee they work with everyday?

 

Not under the current administration.



#6 ducky

ducky

    untitled

  • Premium Member
  • PipPipPipPipPipPipPipPipPipPip
  • 9,115 posts
  • Gender:Female

Posted 03 October 2014 - 06:55 AM

I wonder if there will be a letter explaining the situation.  It just doesn't sound right.  I don't think the city can tell anyone to tone down what they decorate their yard with unless it violated some sort of municipal code.  If there were an HOA, it would be their duty to enforce the CC&Rs.

 

I certainly don't think code enforcement can just walk in your back yard.  At least I hope not.  Usually, they don't show up unless there is a specific complaint.



#7 supermom

supermom

    Supermom

  • Premium Member
  • PipPipPipPipPipPipPipPipPipPip
  • 10,225 posts
  • Gender:Female

Posted 03 October 2014 - 07:24 AM

They can walk into your property, through a locked gate, back yard, locked house- whatever they want - if they can say they have an anonymous tip that there is a health and welfare request to check your property for violations.

 

Anything they see at that point they can write you up for--

 

A lovely loop hole past the whole Poisonous Fruits civil rights argument



#8 ducky

ducky

    untitled

  • Premium Member
  • PipPipPipPipPipPipPipPipPipPip
  • 9,115 posts
  • Gender:Female

Posted 03 October 2014 - 07:44 AM

I did not know that.  I understand why police have to go in your yard if they are in pursuit, but I don't understand what kind of code enforcement issue would make something such an emergency that they couldn't contact the homeowner first by written notice or a knock on the front door.

 

Do code enforcement people wear uniforms?  If not, and a strange man walks in my back yard he'll likely be met by a woman with some sort of sharp gardening instrument chasing him out. Then there's also the dog.



#9 supermom

supermom

    Supermom

  • Premium Member
  • PipPipPipPipPipPipPipPipPipPip
  • 10,225 posts
  • Gender:Female

Posted 03 October 2014 - 07:54 AM

They are supposed to wear a uniform.

They should try to knock first. But they don't have to

An example of an emergency- gas leak, believe city electric lines fell off pole onto ground, water leak, dog mauling (someone or something). Other examples- animal hoarding that is causing human health issues...



#10 ducky

ducky

    untitled

  • Premium Member
  • PipPipPipPipPipPipPipPipPipPip
  • 9,115 posts
  • Gender:Female

Posted 03 October 2014 - 08:01 AM

They are supposed to wear a uniform.

They should try to knock first. But they don't have to

An example of an emergency- gas leak, believe city electric lines fell off pole onto ground, water leak, dog mauling (someone or something). Other examples- animal hoarding that is causing human health issues...

 

Thanks.  Those things make sense because they could damage to other people or other people's property.  It seems to me, though, that downed electric lines or gas leaks would be the fire department's domain.  

 

As long as they don't use an excuse just to snoop for revenue enhancement.  It used to be a free country.



#11 supermom

supermom

    Supermom

  • Premium Member
  • PipPipPipPipPipPipPipPipPipPip
  • 10,225 posts
  • Gender:Female

Posted 03 October 2014 - 08:10 AM

Well, they can and sometimes do invite fire department to come with- fire department can also cite you for certain things.

Same with child services, health department.

 

Just depends on reason for service call.

 

A few years ago, I went to a city hall meeting and they were talking about cleaning up a neighborhood in old Folsom (they kept saying- the neighbor hood still has old back alleys- so that gives you an idea of where they are talking about.)

 

They kept saying they were peeping over fences looking for cars stored in back yards (environmental leaks concern), wood piles stacked against the house (pest blight), gates that weren't hinged (Property value concerns), yards that hadn't been cut (fire prevention management)- etc.

 

So yeah, they do get in your business.



#12 chris v

chris v

    Living Legend

  • Premium Member
  • PipPipPipPipPipPipPipPip
  • 4,373 posts
  • Gender:Male
  • Location:Broadstone

Posted 03 October 2014 - 10:19 AM

There is no way in hell code enforcement ever has a right without a police officer present to enter your backyard.

#13 supermom

supermom

    Supermom

  • Premium Member
  • PipPipPipPipPipPipPipPipPipPip
  • 10,225 posts
  • Gender:Female

Posted 03 October 2014 - 10:57 AM

Sorry, You are wrong, Chris.

According to California State Law all Code enforcement 'act much like Peace Officers' but only in their assigned roles. They cannot go chase you down and arrest you for speeding.

therefore, they have the same rights to enter for health and welfare checks as a sworn police officer.

May not be the brightest idea given tragic incidents like the one that happened in Elk Grove or the one that happened in Rancho Cordova (officers shot fatally- did not have vests issued by the city because the policies did not recognize the safety concerns of code enforcement officers at the time)

 

 

look at caceo.com for information on code enforcement.

 

its a good site. Talks about the problems of code enforcement, has a memorial page for officers killed in the line of duty, and talks about the basic training requirements with links to states.

 

I know that not all counties in Ca have adopted the idea of getting code enforcement officers flak vests to wear when going to service calls.

 

Some, have actually allowed it, and allow their officers to have a ccw and wear while on duty. I know one specifically in sac county who wears. But he has been to some pretty bad neighborhoods where they have pointed guns to his head.

 

edited for information

 

 

 



#14 camay2327

camay2327

    GO NAVY

  • Moderator
  • 11,481 posts
  • Gender:Male
  • Location:Folsom

Posted 03 October 2014 - 11:47 AM

If they have the right to go into your back yard, OK.

 

Still no reason to treat the resident like CRAP/ SHI....


A VETERAN Whether active duty, retired, national guard or reserve - is someone who, at one point in their life, wrote a blank check made payable to "The United States of America" for an amount "up to and including their life". That is HONOR, and there are way too many people in this country who no longer understand it. -Author unknown-

#15 TruthSeeker

TruthSeeker

    Superstar

  • Premium Member
  • PipPipPipPipPipPip
  • 967 posts

Posted 03 October 2014 - 12:18 PM

I call bs. If police are required to have a search warrant. There's no way some city enforcement goon can go anywhere he wants. Who knows, he could be shot as an intruder. The liability would fall on the city for allowing that. This isn't nazi germany. Don't put up with nazi strong arm tactics by city goons without authority or written proof of a legal permit to search a private residents back yard.

Supes, good reminder about how the Folsom PD let the mayor off after hitting a kid on a skateboard while intoxicated.


Svzr2FS.jpg





0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users