F.A.C.E.OFF. (Fight Against Code Enforcement OFFice)

Bob's Got Your Back, America!

2012-01-22T06:37:00.000-08:00

On November 27, 2010 Bob Morris, in San Bernardino County California, joined The F.A.C.E.OFF. Movement. He has since gone on to become our California F.A.C.E.OFF. Organizer, helping Code Victims, in Cities and Counties, all over his State! And then, when he wanted to do even more, to help all of us fight back, he started working with people in other States too, and he soon became our F.A.C.E.OFF. Western States Coordinator!

Here is the podcast of Bob telling his story to Maggie Roddin, on her wonderful radio show, The Unsolicited Opinion:
Podcast

And here, in his own words, is Bob Morris'
Code Enforcement Story:

From: Bob Morris
To: faceoffmovement
Sent: Sat, November 27, 2010 12:43:29 PM
Subject: aggressive code enforcement

Hi, My name is Bob Morris and I live in the county of San Bernardino, I'm having problems with the code enforcement office to the tune of fining me for not conforming to their unjust unreliable violations that they claim that i'm violating. I could use your help. I live on 4.78 acres of land and as do most of my neighbors varying between 1 to 20 acres. We live in a rural area that they want to turn into the Hollywood hills so they can conceivably tax us more for property taxes.

I believe that they are driving over here because it is the closest county area to their offices (opting to come here rather then driving to the distant areas of San Bernardino county) If there is anything that you could help me with (and you already have helped with having this website showing that I'm not alone). Thanks.

From: Bob Morris
To: faceoffmovement
Sent: Fri, December 3, 2010 7:16:25 PM
Subject: Bob Morris update

Hi Alley, Just a short note to keep you informed...The more that I learn of your organization and talking with you...the better I feel about the canard that my county code enforcement is trying force on me...I just got off the phone with a code enforcement person that is going to try to get me an appeals hearing.

I told him that before I can go to an appeals hearing
that I have to go to some sort of a court
to prove whether I'm guilty or not.

I think he thinks that it's O.K. to give someone a Citation with a fine attached to it instead of Due Process. Thank you for being there when I needed you. Be talking to you.

Bob

From: Bob Morris
To: faceoffmovement
Sent: Wed, December 8, 2010 8:06:03 PM
Subject: Local Flyer

Hi Alley,

I've just about finished my flyer and i'm sending it to you to critique, Please let me know what you think of it.

Sincerely Yours,

Bob

DEVOREANS UNITE

Have you been having problems with Code Enforcement Abuse? It Seems to me that they like driving over here because this is the closest community to drive to to extort money from. For some reason counties all over the US are trying to take away our civil rights as property owners. It's bad enough we have to go down to the county office to appeal the property taxes that they blatantly appraise theirselves. Now it seems that we are under fire from the code enforcement office to live our lives as the house to house people of Rancho Cucamonga do. I didn't come here to live in a cubicle like they do. I came her because of the RURAL ATMOSPHERE. I have decided that I have taken all the abuse from these derelicts that I'm going to take. Their new way of conducting business is to issue you a citation without any non-partial judge hearing your case. A citation with a substantial fine attached to it. With the fine being 50% of the previous months. I'm sure that the end result will be foreclosing on a illegal lien being placed on your property.All the while they are abusing your civil rights as a citizen of this country. Ever wonder why its okay to have 30 illegal aliens living in one house and its in code with these derelicts?

They claim your neighbors turned you in. Don't believe it. While there might be some people that won't talk to their neighbors, I think most people will. These code enforcement despotic power mongers are driving up and down the streets looking for ways to add to their coffers. How come they don't do the weed abatement on their properties that are close to roads where 90% of the fires are started due to people throwing cigarette butts out of their cars? We are surrounded by natural landscapes but they think we have to maintain our yards in a pristine manner. I'm all for taking care of our properties don't get me wrong, but what happened to the days when you went to your neighbor and talked directly to that person instead of calling the nazi storm troopers on them. Maybe your neighbor or a family member has been sick, or other circumstances that prohibit them from maintenance of their property. We are all having a difficult time with this recession, some more then others, everyone except the county personnel and their elected official demigods...

Had enough of their B.S.???
Contact me, Bob Morris:
Bob's Blog

From: Bob Morris
To: faceoffmovement
Sent: Thu, December 9, 2010 4:40:11 PM
Subject: copies of Citations

Hi Alley,

I just received a letter from land use services dept. sating that there are 5,266 Citations in this county that are basically like the one that was written on my property. The total bill for this is going to be $526.60 and they told me it would take 90 days. Do you think I should do this? I'm ready to...Yesterday I sent a letter to code enforcement stating that I had to have a hearing with an impartial judge to hear my case, unless my civil rights weren't applicable to this Citation.

Sincerely Yours,

Bob

From: Bob Morris
To: faceoffmovement
Sent: Fri, December 17, 2010 3:10:49 PM
Subject: my story

Hi, My name is Bob and I would like to tell my story in my own words about the following abuse that I have taken from land use services/code enforcement located at 385 N. Arrowhead Av. San Bernardino, Ca. This is a true story as it happened in the unincorporated part of the County of San Bernardino. I’ve been a contractor for 38 years and always wanted to build my wife and myself a dream house, our children are all grown.

We have scrimped and saved all our adult lives to accomplish this dream. We sold our old house about 7 years ago and decided to build a house the way that we wanted it, a lifetime dream coming true, we were so excited about being able to do this. Finding just the right property to spend the rest of our lives together on.

Off I went to the land use services offices ( I should have known something was wrong at that time due to the lavishness of their offices) went to the counter and paid for the Permit fees, not only build our home, but also our storage barn building. I submitted my detailed blue prints to them and was told that I would not be able to erect the barn until our house was finalled. The monies that had been allocated were tight. The cost of concrete was $55.00 per yard at that time. So I went ahead and built my house which took the better part of a year to final.

I submitted my plans for the barn, that already had used up a year (do to having been delayed in building it). The planning dept took another 6 mo. to ok the building of it. By this time, building costs have sky rocketed to 2 or 3 times the amount that I originally budgeted for. The price of concrete was now going for $135.00 per yard. I went to the planning dept and asked for an extension of time…..6 mo’s.

My new $28,000.00 steel building
lay on the ground rotting for a year and a half.

Code Enforcement came by
and wrote our building up as junk and trash!!!

I went to see my supervisor from the County of San Bernardino (Paul Biane) and was told that I wouldn’t be able to talk to him as it was none of the County Supervisors business to deal with code enforcement.

YouTube Video of Paul Biane Talking

F.A.C.E.OFF. Comment: Easy to see why Bob might have had a problem trying to talk to Paul Biane anyway, even if Biane had been willing to talk to...and help...Bob, one of his Constituents...which was exactly what Biane had been voted into office to do, by the way!!!

During the 6 mo extension, the economy went into a recession/depression. I went back to planning and tried to get another 6 mo’s extension and was told that I wasn’t able to get one.

I was also told that I would have to buy another permit for $1,875.00 and go through the process all over again if I wanted to put our building up.

Shortly after that, I received a Citation to pay a fine ($400.00) for Junk and Trash
(our building!)

I didn’t get to go to a court, talk to a judge, or have any due process that my Constitution guarantees me of. A month later my fine is $600.00.

Doesn’t this sound like extortion? Even people that live in Mexico retain more individual rights than we have.

I live in the country. I only have (1) neighbor thats close to me, over a 1,000 ft away. I’m not wanting sympathy from reading this sad story. I’m mad as hell and I’m not going to take this from these despotic power mongers any more!!!

And he isn't!!!

In fact, not only is Bob not going to take it anymore from the San Bernardino Despotic Power Mongers, he's also going to do everything he can to make sure that nobody else, anywhere in Our Nation, has to take it anymore from their Despotic Power Mongers either!

So, if you are having a problem with Code Enforcement, and the Despotic Power Mongers in your area, just let us know! Bob Morris and F.A.C.E.OFF. will help you fight back!!! As Bob likes to tell all of the Code Victims, who contact him about their cases: "I've got your back!"

And, because Bob also races top fuel dragsters, in addition to fighting Nationwide Aggressive Code Enforcement Abuse, Bob isn't afraid to make a little NOISE, about what he sees going on with Code Enforcement and Government Corruption in America!

So watch out
Despotic Power Mongers
everywhere!!!

'cause...

Bob Morris

Has America's Back!

Big Joke in Brevard County Florida!

2011-12-13T06:53:00.001-08:00

On September 21, on his Wide Open Wednesday, Bill Mick took a call from his good friend Scott Cuthbert, in Palm Bay Florida:

Scott Cuthbert: I'll give you my septic tank update.
Bill Mick: Oh good! Lay it on me...well not literally!

Bill Mick Live can be heard from 6am-9am weekdays on WMMB 1240/1350, and at your leisure on his podcasts:

Bill Mick's Website

Here is the podcast, so you can find out how that call went, if you weren't listening live that day:
Scott Cuthbert on Bill Mick Live
(Starting at minute 5)

And then, on the following Monday, Bill Mick put this up on his webpage:

And one of you, Scott from Palm Bay, is fighting the man. The man cheats. Here’s the video:

YouTube Video of Scott Cuthbert's Kangaroo Court Hearing

So what's the story here? Well, let's let Scott Cuthbert tell you himself, using the words that only he would use ('cause the rest of us don't talk like this):

Comes now The Respondent, Scott A. Cuthbert

From: Scott Cuthbert
To: F.A.C.E.OFF. Movement (and alla Scott Cuthbert's other friends everywhere)
Sent: Tuesday, September 13, 2011 6:39 PM
Subject: septic hearing doc.doc

OK friends. This was filed on 9.13.2011. My first hearing is 9.15.2011.While this pleading is limited to Aerobic Treatment Units, it is designed to attack the statewide program that is due to kick in in January 2012. The new statewide program will affect

2.6 MILLION systems
and will cost Floridians about 4 BILLION $$$$
over the next 5 years.

I know the politicians have told you this will be repealed-but they have already had two chances and the law is still on the books. Any help and support you can now offer would be greatly appreciated--

including your prayers.

Thank you, Scott

Comes now The Special Magistrate, Stewart B. Capps

Scott Cuthbert to Bill Mick: I got news for you. You absolutely, never in your lifetime, wanna go in front of the Special Code Enforcement Magistrate for Brevard County!

IN THE CHAPTER 162 FLORIDA STATUTE CODE ENFORCEMENT PROCEEDING BEFORE THE SPECIAL MAGISTRATE

OF BREVARD COUNTY, FLORIDA

BOARD OF COUNTY COMMISSIONERS

OF BREVARD COUNTY, FLORIDA

a political subdivision of

the State of Florida,

COMPLAINT # 11CE-01943

Petitioner

SCOTT A. CUTHBERT,

Respondent

______________________________________/

RESPONDENTS MOTION TO DISMISS,

Scott Cuthbert: Oh Bill, it gets so much worse, because he said they don't do motion practice in his courtroom, okay? Except if you look at the Rules of the Special Magistrate, on the Brevard County Website, Rule#7 is Motions for Rehearing, and Rule#13 is, if you're not a lawyer, and you want copies of the forms you have to file, they will give you the copies of the motions they have on file, to file in his proceedings, but he said he didn't do motion practice 3 or 4 times.

Bill Mick: So he doesn't know what he's doing? Is that what you're saying?

and

STATEMENT OF AFFIRMATIVE DEFENSES.

Comes now the Respondent, Scott A. Cuthbert and moves this action be dismissed with prejudice as a code enforcement / administrative action for the reasons stated as follows as cause therefore, with said reasons also presented as Respondents Affirmative Defenses:

THE FACTS

1. On its face, this Complaint, #11CE-01943, is prosecuted solely on the allegation that Respondents (as the “owner of an aerobic treatment unit”) has failed to maintain a “current maintenance service agreement with an aerobic treatment unit maintenance entity permitted by the department”. This is alleged as a violation of section 381.0065(4)(u) Florida Statues as “adopted by Brevard County Code” (without any reference to any Brevard County Code number).

2. Said section 381.0065(4)(u) F.S. states in its entirety that:

“The owner of an aerobic treatment unit system shall maintain a current maintenance service agreement with an aerobic treatment unit maintenance entity permitted by the department. The maintenance entity shall obtain a system operating permit from the department for each aerobic treatment unit under service contract. The maintenance entity shall inspect each aerobic treatment unit system at least twice each year and shall report quarterly to the department on the number of aerobic treatment unit systems inspected and serviced. The owner shall allow the department to inspect during reasonable hours each aerobic treatment unit system at least annually, and such inspection may include collection and analysis of system-effluent samples for performance criteria established by rule of the department.” [1]

Comes now The Code Enforcement Officer...ooooooops no, sorry...it's his boss, Mr. Addington!

Scott Cuthbert: It's even more, because...the inspector that came out to my house, he didn't show up for the prosecution, okay, he wasn't there.

Bill Mick: How were you found guilty then, with no evidence presented against you?

Scott Cuthbert: His supervisor presented the evidence.

Bill Mick: But was he there to witness what had occurred?

Scott Cuthbert: No.

Bill Mick: So you had hearsay being admitted against you?

3. On its face, the plain, clear language of this section of law creates an “individual mandate” which requires every property owner in the state of Florida with an “Aerobic Treatment Unit” (ATU) for a septic system to purchase an expensive service from a private “maintenance entity” for as long as they own the property.

4. The last sentence also mandates the property owner “allow the department to inspect” … (these ATU’s) “at least annually” with samples “collected”.

5. The Brevard County Environmental Health Department inspected respondents system on or about July 14, 2011 (as evidenced by the “Notice” hung on the front door knob- a true and correct copy is attached hereto as “Respondents Exhibit A”) and made no allegation of, and has submitted no evidence that, Respondents ATU system is in failure.

6. In late May of 2011, Respondent received by way of U.S. Mail a communication from Brian Davis Septic & Backhoe Services (hereinafter “Brian Davis”) containing a demand for payment of “Current Charges: County Fee-Biennial Op Permit for ATU/Perf-based …. $50.00” and an additional $100.00 for the “OSTDS Operating Permit – ATU, for a total demand of $150.00. Said demand and envelope are attached hereto as “Respondents Exhibit B1 and B2”.

7. In an envelope post-marked 31 May 2011 from Brian Davis, Respondent received a demand for payment of $300.00 for renewal of a “2 YEAR SERVICE CONTRACT”. True and correct copies of said documents are attached hereto as “Respondents Exhibits C1, C2 and C3. The total combined cost of the demands made in paragraphs 6 & 7 above totals $450.00.

8. With respect to residential properties, Respondent can find no pre- purchase disclosure requirements to prospective buyers regarding the maintenance contracts and operating permit costs relating to ATU’s. In fact, Respondent can find no price controls or consumer protection provisions whatsoever within section 381.0065(4) F.S. or any other provisions of law.

Comes now The Prosecuting Attorney, Ms. Becky Biehl-Hill

Scott Cuthbert: The first thing I 'm going to do is object to being forced to compel to testify against myself. I have the right against self-incrimination, and your Statue 162.07 says you will take testimony from witnesses, but I do have the right against self incrimination. Because I want to make a record of this cause, I will take the oath and testify, to create that record, but I would ask...I'm making the objection, for purposes of appeal...but I would ask that my learned opponent, Ms. Biehl-Hill, who is the prosecuting attorney also take the oath so that everything she says is a matter of fact is the truth and everything she says as a matter of law is the truth.

Special Magistrate: Well, she's not required. She's not giving testimony. Also, she is an Officer of the Court, which means she is compelled to be truthful in any tribunal [laughter can be heard in the background].

9. Respondent has lived in Florida since 1960, with thirty (30) plus of those years in houses with septic tanks. During this time, he has only had to have one “black water” tank pumped out a single time. When respondent purchased this property (without ATU maintenance cost disclosure), he thought nothing of buying a home with an ATU. In fact, when respondent first started receiving demands for payment for “operating permits” and “maintenance contracts”, he thought said demands were a scam. Respondent did not believe the legitimacy of these demands until he received his first “Notice of Non Compliance”, as dated June 18, 2009. A true copy of this “Notice of Non Compliance” is attached hereto as Respondents Exhibit D1 and D2. After being threatened with a $550.00 charge for a “contested hearing fee” and up to $500.00 daily accruing fines with no maximum limit [see section 381.0065(6)(b)3 F.S. 2011], respondent purchased a $450.00 “maintenance agreement” form Brian Davis—the only Brevard County “registered” contractor in central Florida for the type of ATU installed on respondents property. A true copy of that receipt is attached hereto as “Respondents Exhibit E”.

10. Upon his ATU being “inspected” for the first time, respondent received a “proposal” (Estimate #8889, as dated July 7, 2009) from Brian Davis demanding $395.00 to “Install New Filter & Repair Alarm Panel”. A true and correct copy of said “PROPOSAL” is attached hereto as “Respondents Exhibit F”. Respondent purchased an air filter for $15.21 from the manufacturer of his ATU system and replaced it himself. With restoration of proper airflow, the “alarm panel” reset itself.

11. The “Notice of Violation” dated July 18, 2011, mailed to respondent via certified U.S. Mail, with its enclosed “Enforcement Process” (true copies of which are attached hereto as Respondents Exhibit G1, G2, & G3) plainly states that “Failure to comply” with sections 381.0065(4)(u) F.S. individual mandate “will result in the commencement of appropriate enforcement which may include filing charges in criminal [2] or civil court…”. The “enforcement process” section- under “FINES” (G3) states “The fine imposed shall not exceed $1,000.00 per day…”

AVERMENTS OF UNCONSTITUTIONALITY

Scott Cuthbert to Bill Mick: I told him it was unConstitutional. I told him that was the way I was attacking it. I told him that as an Administrative Hearing Officer he could not decide on the Constitutionality of laws. He agreed, proceeded with the hearing [Scott laughs] and found me in violation...assessed $550 Administrative Cost and a $25 a day accruing fine until hell freezes over 'cause that'll be when I decide to buy a maintenance contract!

12. As more fully set forth in the paragraphs that follow, Respondent alleges section 381.0065(4)(u) F.S. is facially unconstitutional

13. This proceeding is a legislative/executive, Chapter 162 F.S. code enforcement action. It is not an Article III Federal Court proceeding, nor is it an Article V Florida Court action. While quasi-judicial and penal in nature, it is still an administrative proceeding. To allow a legislatively/executively appointed Special Magistrate to rule on the constitutionality of a legislative enactment would violate the separation of powers doctrine. In addition, as no man (the legislature) may sit in judgment of his own cause (deciding the validity of its own statute), to allow this would violate Respondents Due Process right to be heard by a fair and impartial tribunal. In Key Haven Associated Enterprises, Inc., v. Board of Trustees of the Internal Imp. Trust Fund, 427 So. 2d 153,157 (Fla. 1982), superceded by statute on other grounds as noted in Bowen v. Florida Dep’t of Envtl. Regulation, 448 So. 2d 566(Fla. 2d DCA 1984) “the facial constitutionality of a statute may not be decided in an administrative proceeding”, and that "it is pointless to require applicants to endure the time and expense of full administrative proceedings."

14. As Chapter 162 Florida Statutes contains no provisions for any counter-claims Respondent may have, His Due Process rights to be heard fully and fairly at a meaningful time and in a meaningful manor are also abridged.

15. For the reasons set forth in paragraphs 12, 13 and 14 above, The Special Magistrate lacks subject matter jurisdiction in this cause.

STANDARD OF REVIEW

16. In the State of Florida v. J.P. , 907 So.2d 1101 ( Fla. 2004) , The Florida Supreme Court ruled that :

(At page 1109) “When a statute or ordinance…. impairs the exercise of a fundamental right, then the law must pass strict scrutiny.” (Internal citations omitted).

This decision also held (at page 1110):

“…that where [a] law intrudes on fundamental right to privacy guaranteed in Florida’s Constitution, the State must demonstrate that the challenged regulation serves a compelling state interest and accomplishes its goal through the use of the least intrusive means” (Internal citations omitted).

And,

(At page 1112) "[T]he Florida Constitution contains, in Article I, section 23, a strong right of privacy provision." and “Further, the Florida constitutional privacy right embraces more privacy interests, and extends more protection to the individual in those interests, than does the federal Constitution." (Internal citations omitted).

PRIVACY/DUE PROCESS RIGHTS

17. Florida’s Constitution, within its Article I states that:

SECTION 23. Right of privacy.—Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein. This section shall not be construed to limit the public’s right of access to public records and meetings as provided by law.

Scott Cuthbert to Bill Mick: I told him that under the United States Supreme Court precedent of Camara vs. the City of San Fransisco, where the United States Supreme Court said, "County and City Health/Safety Inspections are subject to the requirements of The 4th Amendment prohibition against illegal search and seizures" and they have to get your consent, or an inspection warrant, to search your property. He said, "No I don't!" He said, "You have a permit."

"No, I don't have a permit.
That's why you are suing me, because I refused to buy one."

And he goes, "Well, since you had a permit,
that gives us the right to go on your property and search any time we want."

I said, "No it doesn't!"

18. In addition the above privacy rights, incorporated into every Florida property owners and citizens Federal 5^th Amendment and Article I, Section 9 Florida Constitution Due Process Rights, is the fundamental right to “presumed innocence’s”. This doctrine was officially incorporated into Federal jurisprudence by the case of Coffin v. United States, 156 US 432, 453, 15 S.Ct. 394, 39 L.Ed. 481 (1895). Presumed innocence’s was recognized as Florida law by the Florida Supreme Court in Davis v. State, 90 So.2d 629, 631 (Fla. 1956). The doctrine of presumed innocence is also incorporated within Article 11, section 1 of the United Nations 1948 “Universal Declaration of Human Rights”. Floridians also enjoy the Due Process right against “self-incrimination”. In State ex rel. Mitchell v. Kelly, 71 So.2d 887 (Fla. 1954), the court noted “[self-incrimination] extend[s] to forfeiture and penal liability. And the protection provided applies to all types of proceedings wherein testimony is given and applies alike to a witness as well as a party who is accused”.

19. Respondent avers that any reasonable property owner knows when they have a problem with their septic system. Florida property owners do not need coerced inspection contracts that trample their presumed innocence’s rights. Citizens should not be forced to pay to have their privilege against self-incrimination striped away. Any reasonable homeowner with basic home maintenance skills and with average intelligence should be able to maintain their “Onsite Sewage Treatment and Disposal System” (septic tank system) themselves. Any system design that cannot be maintained without the need for an expensive “operating permit” required to be obtained through a licensed/registered septic tank contractor, is not fit for its designed and intended use in a residential setting. Imposing such requirements upon residential properties cannot rationally be construed as being the “least intrusive means” to achieve state goals.

Scott Cuthbert to Bill Mick: And then I read him the part of the Statute that says, "Residential Premises" and I defined "Residential Premises" from Black's Law Dictionary as, "The land and the structures on it." And then I read to him that, under their own enforcement procedure, it says for Residential Premises they are not allowed to enter onto the property unless they get the owner's consent, or a valid inspection warrant, and then I cited Florida Statute 933, which is the Inspection Warrant Procedure...

And he said, "No, I don't have to do that."

And I said, "Your Honor, the guy just committed perjury!"

And the Special Magistrate said, "Oh, he's entitled to his opinion."

That's when I asked the guy to disqualify himself, and recuse himself...because I knew I was not going to get a fair and impartial hearing, right then and there...and he kept right on goin'!

20. Further, “mandating” property owners (coerced self-incrimination) to surrender their Article I, section 23 Privacy Rights for annual “inspections” (unconstitutional searches) without any evidence of a septic system failure (presumed innocence) also cannot rationally be construed as being the “least intrusive means” to achieve state goals and as being in compliance with Due Process.

INVOLUNTARY SERVITUDE

21. Amendment XIII to the Federal Constitution in its Section 1 states that:

Neither slavery nor involuntary servitude, except as a punishment for a crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject their jurisdiction.

Section 2. states:

Congress shall have the power to enforce this Article by appropriate legislation.

Under Title 18 United States Code 1581 et. seq., Involuntary Servitude & Peonage is legally defined as “A condition of compulsory service or labor performed by one person, against his will, for the benefit of another person due to force, threats, intimidation or other similar means of coercion and compulsion directed against him.”

Title 18 United States Code section 1589 ; Forced Labor, Provides that: Whoever knowingly provides or obtains the labor or services of a person - (3) by means of the abuse or threatened abuse of law or the legal process, shall be fined under this title or imprisoned not more than 20 years, or both.

22. As fully stated and referenced in paragraph 11 above, the “Notice of Violation” dated July 18, 2011, mailed to respondent, with its enclosed “Enforcement Process” (Respondents Exhibits G1, G2, & G3) plainly states that Respondents “Failure to comply” with sections 381.0065(4)(u) F.S. individual mandate “will result in the commencement of appropriate enforcement which may include filing charges in criminal or civil court…”. The “enforcement process” section- under “FINES” (G3) states “The fine imposed shall not exceed $1,000.00 per day…”.

23. The maximum per day fine allowed pursuant section 381.0065(6)(b)3 F.S. 2011 is $500.00, with no cap or maximum limit. The very purpose of a Chapter 162 F.S. proceeding is “.. to impose..other noncriminal penalties...”[3]

24. Respondent alleges that the $550.00 administrative charge for a contested hearing, the $500.00 daily accruing fine under section 381.0065(6)(b)3 F.S. 2011 – with no cap or maximum fine limit, or the $1,000.00 daily accruing fine with no cap or maximum fine limit under the enforcement process- along with the statement that enforcement “may include filing charges in criminal…court”, all either separately or combined, constitute abuse, threatened abuse, legal threats, extortion, coercion, legal coercion and/or duress to force Florida citizens/ property owners- including respondent, into surrendering their freewill when entering the individual mandates required by section 381.0065(4)(u) F.S. Respondent further alleges by subjugating its citizens into these individual mandates, the state creates a condition of compulsory service or labor performed by one person, against his will, for the benefit of another person due to force, threats, intimidation or other similar means of coercion and compulsion directed against them , and these actions create conditions of involuntary servitude, peonage and/or forced labor.

25. Respondent avers the “least sophisticated” citizen standard should govern whether or not means of the abuse or threatened abuse of law or the legal process, or if conditions of compulsory service or labor performed by one person, against his will, for the benefit of another person due to force, threats, intimidation or other similar means of coercion and compulsion directed against him in determining if conditions of involuntary servitude, peonage or forced labor exist. See Jeter v. Credit Bureau, Inc. 760 F.2d 1168 (1985) Court of Appeals, 11^th Circuit “we adopt the standard of "least sophisticated consumer" as previously followed by the federal courts, relating to debt collection.”

26. In United States v. Kozminski 487 US 931, 108 S. Ct. 2751, 101 L. Ed. 2d 788, 1988 the Court held legal coercion is a condition of involuntary servitude. And in Toibb v. Radloff 501 US 157, 111 S. Ct. 2197, 115 L. Ed. 2d 145,1991 the Court noted (at page 166) concern about debtor's being forced into bankruptcy under Chapter 13 and that such a debtor, whose future wages are not exempt from the bankruptcy estate, “would be compelled to toil for the benefit of creditors in violation of the Thirteenth Amendment's involuntary servitude prohibition. See H. R. Rep. No. 95-595, at 120.” In Vitakis-Valchine, v. Valchine, 793 So.2d 1094 (Fla. 4th DCA, 2001), the court cited Florida Rule of Mediation 10.310(a). which states in part “A mediator is responsible for assisting the parties in reaching informed and voluntary decisions while protecting their right of self-determination.” , and Rule 10(b) which states “Coercion Prohibited. A mediator shall not coerce or improperly influence any party to make a decision or unwillingly participate…” Holding third parties cannot be allowed to use duress or coercion to induce parties to contract, the court noted that “parties must be given the opportunity to freely decide upon any agreement” and than stated “We believe that it would be unconscionable for a court to enforce a settlement agreement reached through coercion or any other improper tactics utilized by a court-appointed mediator.” See also Hall v. Humana Hosp. Daytona Beach, 686 So. 2d 653 – Fla. 5^th DCA, 1996.

27. Respondent alleges that during enforcement of section 381.0065(4)(u) F.S., state and county employees/agents are no ordinary third parties—they are in both fact and law, engaged in enforcing the police powers of the state. A statutorily created “individual mandate” that requires a residential property owner be forced or coerced into a contractual obligation with a private third party—against their freewill, with no freewill “meeting of the minds”, and with no price controls or consumer protections whatsoever -under the duress of the use of the states police powers to force payment of the contractual debt under threat of “criminal” prosecution, imposition of daily accruing “civil” fines with no maximum limit, along with the imposition of administrative fees, is both unconscionable and unconstitutional. While this may not be the classic slavery, which was the underlying cause of the 1860’s United States Civil War, it is unquestionably the INVOLUNTARY SERVITUDE prohibited by Amendment 13 to the Federal Constitution.

Scott Cuthbert: At the end, the guy gave me a lecture on you need to comply with this, because these rules of appellate procedure...they're so complicated, you can't understand them, so you better buy this contract!

Bill Mick: [Laughing] What a jerk!

Scott Cuthbert: One of my points is that this law creates an individual mandate...and I told him this in Court...which the 11th Federal Circuit Court of Appeal just declared was unConstitutional for Obamacare, because the State and the Government cannot force a private party to buy another private party contract or face penalties. That is also legal coercion, in violation of The 13 Amendment to the Constitution of the United States, and this guy, by threatening me not to appeal, just committed another act in violation of Title 18, United States Code, Section 241, which prohibits conspiracies to subject people and put them into a state of peonage and Involuntary Servitude!

OBLIGATION OF CONTRACT

28. Article I, Section 10 of the Federal Constitution and Article I, Section10, of the Florida Constitution both prohibit laws impairing the obligation of contracts. The individual mandate of section 381.0065(4)(u) F.S. has striped the respondent Florida property owner of his free will and freedom of choice and is nothing less than the use of extortion, coercion and/or duress to force him into a contract (with no consumer protection whatsoever) he does not want to enter, with a party he does not want to associate with (i.e., no meeting of the minds).

29 . In the State of Florida, et.al. v. The United States Department of Health and Human Services, Case Number 3: 10-cv-91-RV/EMT (2011), Federal District Court Judge Roger Vinson declared “The Patient Protection and Affordable Care Act” UNCONSTITUTIONAL. In deciding the “individual mandate”--- forcing an individual to buy insurance, was Constitutionally prohibited, Judge Vinson noted (at page 41) that: “[t]he government has never required people to buy any good or service as a condition of lawful residence in the United States.” Judge Vinson continued (at page 42) by stating:

“It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place. If Congress can penalize a passive individual for failing to engage in commerce[4], the enumeration of powers in the Constitution would have been in vain for it would be ‘difficult to perceive any limitation on federal power’ (internal citations omitted), and we would have a Constitution in name only. Surely this is not what the Founding Fathers could have intended. See id. at 592(quoting Hamilton at the New York Convention that there would be just cause to reject the Constitution if it would allow the federal government to ‘penetrate the recesses of domestic life, and control, in all respects, the private conduct of individuals’)”.

30. As the State of Florida itself just prevailed in having a Federal Law forcing an individual to “buy insurance” declared unconstitutional, how could it possibly be Constitutional—especially in view of the “Equal Protection” clause of the Fourteenth Amendment to the Federal Constitution and Article I, Section 2 of the Florida Constitution – for Florida to force property owners to buy “septic” contracts? How can the State Constitutionally force a citizen to purchase from a third party an “operating permit” and a “maintenance service agreement” to flush the toilet in their house?

31. It must be noticed that the ruling of Judge Vinson above was just upheld on Appeal on August 12, 2011, by the 11^th Federal Circuit Court of Appeals, Docket Nos. 11-11021 & 11-11067, The individual mandate of section 381.0065(4)(u) F.S. violates the prohibition against impairing the obligation of contracts.

ILLEGAL SEARCH AND SEIZURES

32. Article I, Section 12 of the Florida Constitution states:

“Searches and seizures.—The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, and against the unreasonable interception of private communications by any means, shall not be violated. No warrant shall be issued except upon probable cause, supported by affidavit, particularly describing the place or places to be searched, the person or persons, thing or things to be seized, the communication to be intercepted, and the nature of evidence to be obtained. This right shall be construed in conformity with the 4th Amendment to the United States Constitution, as interpreted by the United States Supreme Court. Articles or information obtained in violation of this right shall not be admissible in evidence if such articles or information would be inadmissible under decisions of the United States Supreme Court construing the 4th Amendment to the United States Constitution.”

Amendment IV to the Federal Constitution states:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”.

33. The Founding Fathers adopted this prohibition against illegal searches and seizures as a response to the abuse of the “writs of assistance” used by King George prior to the American Revolution. As noted by the court in Boyd v. United States 116 U.S. 616, Supreme Court (1886) at 625, on February of 1761, James Otis resigned his office as the Kings Advocate-General in order to represent the people in opposition to these ”Writs of Assistance” before the Superior Court of Massachusetts. He argued to abolish the use of these “Writs of Assistance”, pronouncing them to be "the worst instrument of arbitrary power, the most destructive of English liberty, and the fundamental principles of law, that ever was found in an English law book”. When the Kings Court refused to stop the issuance of these writs, John Adams proclaimed, "then and there was the first scene of the first act of opposition to the arbitrary claims of Great Britain. Then and there the child Independence was born." At page 630, Justice Bradley further stated:

“The principles laid down in this opinion affect the very essence of constitutional liberty and security. They reach farther than the concrete form of the case then before the court, with its adventitious circumstances; they apply to all invasions on the part of the government and its employees of the sanctity of a man's home and the privacies of life. It is not the breaking of his doors, and the rummaging of his drawers, that constitutes the essence of the offence; but it is the invasion of his indefeasible right of personal security, personal liberty and private property, where that right has never been forfeited by his conviction of some public offence, — it is the invasion of this sacred right which underlies and constitutes the essence of Lord Camden's judgment. Breaking into a house and opening boxes and drawers are circumstances of aggravation; but any forcible and compulsory extortion of a man's own testimony or of his private papers to be used as evidence to convict him of crime or to forfeit his goods, is within the condemnation of that judgment. In this regard the Fourth and Fifth Amendments run almost into each other.

Respondent submits the individual mandate created by section 381.0065(4)(u) F.S is as repugnant to the liberties of freemen, as the King’s “Writs of Assistance” and are null, void and unconstitutional.

Scott Cuthbert: You're not citing me for something that says my ATU does not work. You're citing me because I have refused to purchase a contract from a private party to inspect and maintain my system. Correct?

Code Enforcement Officer's Boss: As per Florida Statute. That's correct.

Scott Cuthbert: It's my contention that Statue creates an individual mandate that is unConstitutional, and the Statute must fell.

Prosecuting Attorney: This isn't the venue for that.

Scott Cuthbert: Excuse me! How can I get fundamental due process if I can't present my defenses that the Statute, on its face, is unConstitutional?

34. In Camara v. Municipal Court of the City and County of San Francisco, 387 US 523, 87 S. Ct. 1727, 18 L. Ed. 2d 930 - Supreme Court, 1967, the Court held that all “health and safety” code enforcement actions were subject to the provision of the Fourth Amendments prohibitions against illegal searches and seizures and struck down the City’s law allowing for warrantless inspections as being UNCONSTITUTIONAL on its face. As section 381.0065(4)(u) F. requires respondent as a property owner to allow for annual “inspections” without any “probable cause” and without any evidence of system failure , said section violates respondents IV Amendment rights against unreasonable search and seizure.

UNFUNDED MANDATES

35. Section 381.0065 (4) (u) F.S.(2010) contains an “unfunded mandate” on Florida property owners, i.e., citizens are forced to pay whatever costs are required to obtain a maintenance agreement and operating permits. Article VII, Section 18 of the Florida Constitution prohibits the State from imposing “unfunded mandates” upon counties and cities, etc. The Federal 14^th Amendments, Section 1 “Equal Protection Clause” prohibits states from denying equal protection under law. Article I, Section 2, Basic Rights, of the Florida Constitution states, “All natural persons… are equal before the law...” As it is the people that are the true sovereign, relinquishing only as much of their sovereignty as is necessary to form their constitutional rule of law, they must be considered to have at least the equal protections they have granted to the state. Under these “Equal Protection” protections, it is UNCONSTITUTIONAL for the State to impose an “unfunded mandate” upon its citizens, or to place the financial interest of businesses (un-natural persons) over those of natural citizens.

Wherefore,

Respondent(s) prays section 381.0065(4)(u) F.S. be declared null and void as being facially unconstitutional, or that this prosecution be dismissed with prejudice as a code enforcement action that is in lack of subject matter jurisdiction, with no cost, fees, or fines levied against Respondent.

continued next page

Respondent has read this pleading, agrees with its averments, and believes it to be true and correct to the best of his personal knowledge, information and belief.

____________________________________________

Scott A. Cuthbert dated Sworn to and Subscribed to me this ________ day of September, 2011 Notary:

_____________________________________________________________________-

Respondent hereby certifies hand delivery of a true and correct copy of these pleadings, one each to the office of the Clerk to the Special Magistrate of Brevard County, Florida and the office of the Brevard County Attorneys Office.

Acknowledgement of Receipt

Special Magistrate

______________________________________________________________________

Printed Name (or seal)

______________________________________________________________________

Signed name

******************************************************

County Attorney

Printed Name (or seal)

________________________________________________________________________

Signed name

Special Magistrate: You're right. In paragraph 5 of your brief, you're right...I have no jurisdiction...I'm not here to judge the Constitutionality of any Statutes. This is not the first time this has come up. It's come up many many times, so...

Scott Cuthbert: You have to have jurisdiction, before you can make the ruling, and I'm asserting you do not have jurisdiction, because you can't hear my defense, and you just admitted you can't hear my defense!

Special Magistrate: I cannot rule on Constitutionality of Statutes...Normally, on cases like this, I give you 14 days to cure it, $25/day fine, and I award the cost of... typically it would be $550...And I don't know whether the County has anything?

Prosecuting Attorney: The County has no reason to ask for anything different.

Special Magistrate: Yeah. That's typically how I do this. And, uh, you know, it's your prerogative how you want to handle that Constitutionality issue. I think, before you do anything, you should talk to a lawyer, because there's alot of procedural steps you have to go through. It's not just pop in and file in a lawsuit. There's certain notice provisions you have to do. It's fairly complicated.

Scott Cuthbert: Oh I understand...and I've given you the case of Wilson vs Orange County which says you've just subjected yourself to a Title 42, Section 1983, Civil Rights Lawsuit, 'cause you've just thrown your qualified immunity out the window, because I truly believe that what you're doing is malicious...denying me the opportunity to notice, because fundamentally, if I can't present the challenge to the Constitutionality of the Statute, I'm denied due process!

Special Magistrate: I understand your arguments, but you know what, you gotta find another court, and another day to present those.

Scott Cuthbert: We'll see each other again then!

Special Magistrate: Alright.

Scott Cuthbert: Looking forward to it Ms. Biehl-Hill!

Prosecuting Attorney: Thank you Mr. Cuthbert.

Special Magistrate: So on the case #11CE1943, I will find there is a violation, 14 days to cure, $25 a day fine, and award the County their cost of $550, due within 30 days.

Scott Cuthbert to Bill Mick: We had the video, 'cause I had Penny Canales come with me and make a video of this hearing.

Bill Mick: They didn't take her camera, and break it, and pull the film out of it, or anything?

Scott Cuthbert: No. He tried to do that once before, but he got an order from Scott Knox [Brevard County Attorney] saying you gotta let cameras in here!

[1] Note: Aerobic Treatment Units (hereinafter ATU’s) are now required (with limited exception) to be installed on all residential lots of less than one-half (1/2) acre pursuant section 381.0065(4)(a) F.S.

[2] In all instances, emphasis has been added by respondent.

[3] Section 162.02, Florida Statutes. Intent.—It is the intent of this part to promote, protect, and improve the health, safety, and welfare of the citizens of the counties and municipalities of this state by authorizing the creation of administrative boards with authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities, where a pending or repeated violation continues to exist.

[4] Which would read just as well and is just as legally logical if it stated—for refusing to enter a contract.

Scott Cuthbert: [Laughing] It was just the biggest joke that I have ever heard!
Bill Mick: Scott, Good Luck! Keep us updated on the fight! What a story!!!

The Miami Land GRAB!

2011-08-28T06:51:00.000-07:00

From: F.A.C.E.OFF. Movement
To: F.A.C.E.OFF. Movement
Subject: *** The Miami Land GRAB***

Hi Everyone!
How would you like to live in a Country where Government Workers could bankrupt you, force you to remove everything from your property, terrorize you from helicopters, and burn your horses to death???

Probably Not Much...Right???

Well, Aida Fernandez felt that way too, which is why, while I was blogging her story, she fled from America, to seek Political Asylum in another Country, where stuff like that isn't going on. Where will you go, when the American Government Workers decide that they want to drive you off of your land???

I guess you can think more about it, while you are reading Aida's story...

On July 7th, Aida Fernandez, and her friend Pamela Evans, were the guests on Maggie Roddin's National radio show:
The Unsolicited Opinion
and Aida told her story. Here is the podcast so you can listen to her telling it:
Podcast
Then, while I was working on the story below, very sadly, I received these e-mails from Aida and Pam:

From: Aida Fernandez
To: faceoffmovement
Sent: Sunday, July 31, 2011 7:37 PM
Subject: Re: Your Blog Story

Hi, Alley:

I am out of Miami and do not have access to internet that often...

Alley, I had to leave Miami because I am afraid for my safety and my son's. I know they will try and make an example out of me and put me in jail and give me fines that will amount to $25,000 per day. I already lost my business, losing my properties and went bankrupt. I could not take a chance on my freedom and my child's safety. I will try and check my e-mails as much as I can.

Best regards,

Aida L. Fernandez

From: Evans Pamela
To: Maggie; F.A.C.E.OFF. Movement
Sent: Friday, August 5, 2011 1:03 PM

Alley,

Wanted to let you know that Aida Fernandez (Miami Land Grab) has left the country (undisclosed location) with her son, in her words, for "Political Asylum." She was afraid she was going to go to jail. Her husband remained to fight and here is the link to her last video in this country:
Aida Fernandez's Last Video from Her Home Town Miami-Dade County

Regards,

Pam Evans

And here, in her own words, is Aida's Story:

THE MIAMI LAND GRAB

My name is Aida Fernandez. I am a mother and grandmother...

I invite you to take a look at my webpage:

My Land Grab by DERM

I have a property containing 7.5 acres located in the 8.5 square mile area known as “Las Palmas” in Miami-Dade County. I am a 3rd generation farmer. My property has been in active agricultural operation since 1973.

In 2005, Miami-Dade County Department of Environment Resources Management (DERM) unilaterally classified, at their discretion, certain properties as wetlands. And in 2005, Michael Spinelli from DERM, together with Robert Karafel, from South Florida Water Management (SFWM), showed up at my property telling me that I had to...

“cease and desist” everything

that I was doing because the property was a “wetland.”

I said that was impossible, there was nothing on my deed, or on title, that the property was a wetland. Mr. Karafel went as far as telling me that...

“you will lose your property and do not try to take this to court.

Judges don’t take it lightly when someone disturbs wetlands.”

The intimidation began. I went to all the biologists, spent 18,000 dollars in trying to get permits, and began my quest against what I knew that was wrong, since I grew up in the area.

I requested from DERM the wetland determination and just got the runaround from them. As admitted by Carlos Espinosa, Director of DERM, in an interview by Carmel Caffiero, Channel 7, WSVN "Carmel on the Case"

DERM’s employees decide if you are a wetland while conducting a

"DRIVE-BY”

No soil test, no water, no methodology.

Director of DERM, Carlos Espinosa. Stop the Oppression sign.

Here are some of the YouTube videos, about my case, for you to watch:

Land Grab Videos

Fish & Wildlife Officer Intimidated by DERM

I have been harassed, coerced, intimidated and judicially persecuted. The judicial persecution has cost me an approximately $220,000. In April 2010, I was coerced into signing an agreement wherein I stated that I was to destroy all of my agricultural operations, take out all the soil, and to leave it at cap rock. I call it extortion, because before I had to sign, I had to endure all the motions filed against me in court, changes of judges back and forth in my case, depositions, injunctions, and many hearings and motions to hold me in "Contempt of Court."

They went as far as to give me a “RESTRAINING ORDER

ON MY PROPERTY” – MY PROPERTY...PAID FOR BY ME!

I was advised at that time, by my attorney, to file bankruptcy immediately so that the bankruptcy judge could stop them from INCARCERATING me. That scared me pretty badly!

After that hearing, they continued the persecution. One of the judges, Judge King-Leban, granted me a "stay” and urged me to appeal at the 3rd District Court. I had to get a bond of $12,000 in order for me to be able to file the motion at the 3rd District Court of Appeal, which I promptly complied with. I won the preliminary hearing at the 3rd District Court. Immediately DERM filed, in the 11th Judicial Court, a removal of my “stay” which was then granted by Judge Lester Langer. Judge Lester Langer has been the facilitator used by the Government agencies in the Judicial System. This serves as an example of how DERM is empowered by the 11th Judicial Court to serve their purpose.

They continued threatening me with holding me in contempt of court. I was cited to a deposition so that they could put emphasis that I had not stopped my illegal agricultural operations. (Note: I have all my permits on a Federal, State, and Municipal level, including a Water Permit from South Florida Water Management and a Best Management Practices Permit from the Florida Department of Consumer Services.) In this deposition, the Assistant County Attorney Robert Duvall told me that I was already financially broke and that even if I would win the case in the 3rd District court of appeal, DERM would still pursue me for other stuff. I could not afford to be taken to jail. THEREFORE, I SIGNED the extortion agreement.

Immediately, I had to remove/sell 40,000 hibiscus plants in 3-gal pots to a company that filed bankruptcy 6 weeks after they received my plants.

These are my Hibiscus Crop. In the picture Painted Ladies.

Further, I received an e-mail from Joanne Clingerman (DERM) and an Assistant County Attorney where it said, and I quote:

"...the clock is ticking -

she has 25 days to remove all pots/plants, etc...!"

This demonstrates their modus operandi.

In order to bring attention to what is happening here in Miami-Dade County, I decided to take drastic measures and put myself in a hunger strike on August 17, 2010. It lasted 5 weeks and 3 days. This should never be done, since I put my health and life in danger. I had to stop because of the damage to my kidneys and very low level of sugars in the blood...not to mention that my immediate family was totally opposed and refusing to support the cause.

Hunger Strike Video

Plea to Commissioners After 28 Days of Hunger Strike

I did this for the sake of my community’s Property Rights and Right to Farm. I wanted to bring the attention to what was happening - never imagining the amount of people that were involved in my same fight. There are many more farmers/property owners that have stories to tell. Last year there were 400 cases. These stories will demonstrate how property owners/farmers have been unConstitutionally deprived of their land use and left to pay for mortgages and property taxes plus fines/fees imposed by DERM for properties that are to be left vacant and abandoned.

The harassment and intimidation continued…

On January 28, 2011, after a radio appearance on WQBA Miami, coming face to face, in a very heated debate, with the Director of DERM, Carlos Espinosa,

the barn where we keep our horses was set on fire

and five horses burned to death.

The following night a helicopter parked right behind my property. I thought they were coming to kill us.

These agencies use helicopters for intimidation.

They come over and over again!

and take pictures of you and your property, and place them so low that you think they are landing over you.

On March 30^th, 2011, I went to another hearing to hold me in contempt of court. Given that I had no money to hire an attorney represent me, I filed a motion to dismiss the case, based on findings that my property is excluded from being a wetland, as stated on Chapter 33B-56 & 57 of the Miami-Dade Municipal Codes. I presented all of the evidence, together with the local law, with no objection from Mr. Duvall, the Assistant County Attorney, yet Judge Lester Langer said that I had taken too long to present the law and that I was in contempt. Judge Lester Langer said that I had a wonderful lawyer, Patricia Baloyra, from Broad & Casell, who assisted in the intimidation, and did not put a stop to this situation. I found out later that

80% of their lawyers represent Cemex,

who uses our lands as mitigation credits

for their destruction of pristine wetland properties!

One way or another, through e-mail, phone calls, or in person, we have gone to all the politicians. Five of us affected parties went to Congressman Mario Diaz-Balaart’s office to place a complaint as a group last year. We feel this is a Federal and State issue, not only local, for the Federal Government, through a law passed by Congress (PB108-7 2003), gave the US Corps. of Engineers, to date, $402 million, to make sure that we received flood protection, to promote and protect our agricultural and residential properties in the area. The complaint was forwarded to Eric Holder, then passed on to the Civil Rights Division in Washington.

Then it died since they said that this was a local issue.

When we tried to speak with Congresswoman Ileana Ros-Lehtinen, she said...

“I am not touching that one with a 10-ft. pole."

Congressman David Rivera promised that he would do something about this issue, as soon as he got into office. He has not even contacted us, in any way, shape or form, and when I approached him in different gatherings, he seemed to avoid it.

Our Senator, Marco Rubio, was sent the story too, and when I approached him face to face, he just told me, “Yes, you are the one with the problem from DERM,”

but continued on his campaign.

The “problem” is not only mine, it is of the people, and we are about 1,500 families involved in this ordeal. On a State level, we have seen various representatives, e.g., Rep. Carlos Lopez Cantera (who said that it was a permit issue), and Rep. Ron Saunders (who, up to date, has done nothing about us, even though he has been involved in the community for the past 6 years). I personally sent our story to Florida’s Lt. Governor Jennifer Caroll, and to our Governor, Rick Scott, but have received no answer from them.

On a local level, we have gone, one by one, to the Commissioners. On my 28^th day of the hunger strike, I went to the Commission Chambers, while they were meeting, and spoke to all 13 Commissioners, and the Mayor at that time, Carlos Alvarez, to no avail.

Calling for Action. In picture Miami-Dade County ex-Mayor, Carlos Alvarez and District 9 Commissioner Dennis Moss.

Seeing their lack of response to the public and their constituents we decided to go, one by one, and try to speak to them, if not at their offices, then at different meetings. Commissioner Carlos Gimenez (now Mayor of Miami-Dade County) has been approached by us, and others, many times, and has always turned his face away. We have seen, in person, Commissioner Rebeca Sosa, Commissioner Bruno Barreiro, Commissioner Sally Heyman, and Commissioner Lynda Bell.

Commissioner Lynda Bell conducted a Townhall Meeting, and saw how continuously, for four hours, people were saying their horror stories about the abuses from DERM, and telling how DERM is a predatory agency, that presently has a budget of $42 million in revenues from fines and permits, and has 485 employees. She immediately called for a taskforce to stop the abuses on the people!

But the case was removed from her district to Commissioner Jose “Pepe” Diaz’s district, and he has not allowed the issue to be of importance.

The Inspector General’s representative told us that their office neither had the money or resources to conduct an investigation on DERM!

As it was mentioned before, there are many cases involved in the remaining 8.5 square mile area. This situation is not only happening in one area, there are three areas involved. There are 250 cases in Hialeah/Okeechobee and about 250 more in South Dade. Each community has one thing in common: The Rock Miners beside them!

Why???

LIMEROCK = WHITE GOLD$$$

Rock miners get paid an average of $6-$10 million per acre.

They pay hefty fees to DERM.

It should be noted that South Florida Water management is selling six properties in the area, without any restrictions, nor listing them as wetlands. These properties include agricultural and residential properties zoned as "vacant land unzoned" or "residential unzoned." One of the properties is right in front of mine.

This is fraud!
Innocent buyers will purchase the properties.
Soon afterwards DERM will come and fine them.

DERM, together with South Florida Water Management, want owners to remove all agricultural crops, remove the soil to the cap rock, and leave to re-vegetate, even if they are planted in rows e.g., plantains, coconut, basil, and plant nurseries, etc.

Those who have a residential house in the property are not even allowed to mow their lawns!

DERM inspectors come by on Sundays to watch and intimidate us!

WHAT THE GOVERNMENT IS DOING IS NOT EMINENT DOMAIN! We are expected to continue paying for our mortgages and taxes! Note: we do not pay wetland real estate taxes.

LAND USE IS BEING TAKEN AWAY FROM US!

Video: Project Mayhem D.E.P./D.E.R.M. Miami

It should be noted that 95% of those affected are Hispanics. I am a Cuban-American that was brought by my parents to the U.S.A. when I was 6 yrs. old. They were running away from a dictatorial regime that confiscated all of my grandfather's land, through land grabs conducted by the Cuban government, without compensation to the people which is exactly what we are experiencing here in Miami-Dade County. I am not willing to stand by and watch how this happens here!

Comparison of the Miami Dade Government's abusive powers with Cuba and Venezuela's regimes.

My plea is for someone to help us defend our property and civil rights on the legal arena. DERM needs to cease all illegal doings. There is a process and legalities to follow that have not been taken into consideration. They cannot continue destroying agriculture, lives, and people's livelihood and most definitely...

OUR AMERICAN DREAM!

We are in dire need of an investigation of the illegal doings of these agencies:

1) Department of Environmental Resource Management (DERM)

2) South Florida Water Management (SFWM), and

3) U.S. Corps. of Engineers for having built a project that has cost up to date $402 million dollars and still is not functioning (Levee, Seepage Canal and Pump Station) completed in 2007.

These agencies, through the abuse of powers, get away with stealing people’s land in this and other communities.

We are all scared.

I am afraid for my life, and for my family’s wellbeing,

as I know that any minute a sentence of jail may be put on my person...

F.A.C.E.OFF. Note: Sorry everyone...gotta break into Aida's story, for just a minute here, with this e-mail we received:

From: Florida F.A.C.E.OFF. Organizer John Phillips
To: F.A.C.E.OFF. Movement
Sent: Friday, July 15, 2011 4:58 PM
Subject: A Quote from our Attorney General

“ There is nothing more important to our freedom
than the right to live free from fear.”

-Pam Bondi-

Well said, Pam!!!

So could ya help us all out a little here???

THANKS!

-Florida F.A.C.E.OFF. Movement-

And now on with the ending to Aida's story...

MY FAITH TELLS ME THAT ONE DAY JUSTICE WILL PREVAIL AND OUR CONSTITUTION WILL REIGN.

God Bless,

Aida L. Fernandez

We have a replica of The Liberty Bell which we carry on our truck to call the attention of people to our truck and trailer with signs and to remind people that

America needs to "wake up!"

Justice Prevails in Contra Costa County!

2011-08-24T05:38:00.001-07:00

UPDATE on Karla in California:
From: Karla Fratus
To: F.A.C.E.OFF. Movement; Bob Morris; Maggie; [and everyone else Karla knows!!!]
Subject: Front Page News!

Hi folks,

FYI!
East Contra Costa Homeowners Score Court Victory Against County Code Enforcement
By Roman Gokhman/Contra Costa Times

Justice shall prevail!

God Bless America!

Constitutionally yours,
Karla Fratus

From: Bob Morris
To: Karla Fratus
Cc: faceoffmovement
Sent: Monday, August 22, 2011 4:57 PM
Subject: Re: Front Page News!

Hi Karla,

Way to go. It just don't get any better than this. I know that a lot of people get disheartened when fighting for their own Constitutional Rights. You and your husband have just turned a tactical corner that will in turn give thousands of people hope that justice will prevail. You two will go down in History as some of the greatest Americans of these times.

Ü This is my biggest smile.

Bob

The Unsolicited Opinion on Code Enforcement!

2011-06-27T11:23:00.001-07:00

Last Friday, three F.A.C.E.OFF. Code Victims: Shirle Pfister in Escambia County Florida, Kim Fahey in Antelope Valley California, and Joe Solis in El Paso Texas, were Maggie Roddin's guests on her wonderful radio show:
The Unsolicited Opinion

And they told their stories to the world!
Here is a link to the podcast of that show:
Podcast

Shirle Pfister began ('cause the two guys said, "Ladies First") and told Maggie how Escambia County Florida is using Code Enforcement to steal her $$$million dollar$$$ property on Perdido Key:
My name is Shirle Pfister. My water front property is located on the ICW with large barges passing by all day and night. I am surround by commercial businesses. I have a public road on one side, a commercial marina on another, and one of the marina's residential lots is being used as a commercial road for traffic in and out of the marina.

I have been forced off my land

by the Escambia County Code Enforcement Department.

Code Enforcement has fined me for having my RV and accessory/tool building on my property. I was only using my property because I became homeless after losing my home, bought after Hurricane Ivan, to foreclosure. Others in the county are using their properties without a permanent structure on them, and they are not being held in violation, nor having fines imposed on them. I have pulled the public records request of like properties in my area, where people are living in their recreational vehicles, and there is no permanent home on lot, and the County has closed those cases, with no fines imposed, and the owners did not have to move their things. One file had notes from a Commissioner stating to leave this alone and allow the camper to remain. I went to the Commissioners Meeting in March and presented my plea to them, including the fact that I had just lost my home to foreclosure and was homeless. I have land, but nowhere to live. They denied me access to my land and even went further to say that the only remedy they could foresee for me was a rezoning but they could assure me that was not likely to happen. They put that in writing.

Why would they say that?

Why am I being discriminated against?

Fifty years of sludge of oil, gas and diesel fuels, along with the Gulf Oil Spill, is being pumped into a hole beside my property from the Oyster Bar Marina and Restaurant. After some investigation, I believe the owner is in violation of the NWP (permit). He failed to put any erosion controls measures in place at the beginning of the project, so no erosion control was maintained throughout the dredging project. He violated another rule in the NWP, after the project, by not putting any erosion control in place until the area was stabilized. I was not supposed to see the short cuts that the State allowed this commercial business owner. This soil will eventually flow down onto my property, since I am at a lower elevation. The local EPA and DEP do not seem concerned with this contaminated soil being used as fill dirt.

Why?

I believe all of this is directly connected
to me being forced off my property.

Here is Shirle's story on YouTube:
Landowner Harassed by County

Shirle then told Maggie about how her County Commissioner has refused her repeated requests to meet with him about this.

Now that's odd...isn't it???

Don't we elect these people into office so that they can Serve We the People and help us with any problems that we might have with our County Government??? Isn't that what they always tell us, to get our votes??? They are certainly very willing to meet with us when they are running for office, aren't they???

One of our Florida F.A.C.E.OFF. Organizers was so shocked, when Shirle told her this, that all she could think of to say was...

"Gene Valentino
won't meet with you??"

Hey, I have an idea!
Let's all call Gene...
and find out WHY???

Gene M. Valentino
District II Commissioner
Escambia County, Florida

Office Phone: (850) 595-4920
Home Phone: (850) 384-2055
Fax: (850) 595-4923

Shirle finished off her story, on Maggie's wonderful radio show, by making everyone listening really uneasy when she said that Gene, and her other Escambia County Commissioners, were getting ready to vote on allowing the Code Enforcement Officers to carry guns!!!

But Kim Fahey, who was next up to tell his story, just laughed and told Shirle that they don't need 'em in California because...

In California, Code Enforcement is accompanied by
SWAT TEAM OFFICERS CALLED N.A.T.
(Nuisance Abatement Team)
Men, dressed in black, carrying assault weapons,
who drive frightened people off of their land,
over minor code violations!!!

And, as if that's not bad enough...
As soon as the landowners are made homeless,
County Workers descend on their properties,
and steal everything of value for themselves!!!

So that was why Kim, although he felt sorry for poor Shirle, wasn't all that concerned about the Code Enforcement Officers carrying guns. He then went on to tell Maggie about how Code Enforcement has been used to drive all of the ranchers in Antelope Valley off of their land, so that developers can buy it to use in an Eminent Domain Scam called...
Checkerboarding.

And then...
Kim broke people's hearts, all over America, by telling Maggie about an old man who died in this ugly war being waged by The Los Angeles County Government against The Citizens of Antelope Valley!!!

Here is that story, in Kim's own words:

One morning a few months ago, he gets a knock at his door. He finds he's being visited by a N.A.T. Team. Those initials mean, 'Nuisance Abatement Team'. The old man is informed by seven, 'officers', each with bullet proof vests, fully auto assault rifles and real attitudes, that he has to remove all offending trucks and equipment, or, go to jail. The old man is then told he has to vacate the premises until he has complied with all of their requests. The old man, now homeless and scared to death, starts sleeping in one on his old truck with his pets. It hits below thirty degrees. He makes a small fire to stay warm.

His truck catches on fire
and he burns to death with his pets.

Hearing this sad tale,
the County leaps into action.

The yard is a legend to many truck and car buffs. County guys, in the know, have free rein to pillage and steal to their hearts content. Need a windshield for a 55 Jeepster? Not any more! And why not? The County clean up crew with cranes and dozers are going to scrap the yard clean anyhow, so what's the big deal? Hey, what's scrap metal and copper going for now-a-days? Does it matter to the dead old man? Even if he had heirs, the County not only takes all the money from the now cleaned yard from the reclamation yard, they also attach liens and bills for the clean up. Oh yeah. I couldn't make this stuff up its so sick. One more helpless victim goes down the drain. And for what? Not even a pawn in the County's chess board game of, 'land grab'.

Now, just as soon as L.A. County stops trying to put Kim into prison...

F.A.C.E.OFF. QUICK QUESTION:

Shouldn't the County Workers,
who are killing people,
and stealing their land, and alla their stuff,
be the ones that are going to prison here,
instead of Kim???

(Just makes a little more sense that way, doesn't it???)

...so they can steal his property and destroy his wonderful home, Kim is going to be telling all of the Antelope Valley stories, in the way that only Kim can tell them, in a series called

"...And Then There Were None..."

in this blog that he has created himself, just for that purpose:
Los Angeles County F.A.C.E.OFF

Here, once again in Kim's own words, is how that story begins:

We started out years ago with 14 couples.
We're the only ones left.
County has destroyed all the others.
Here's how they do it....

First, they choose a victim who can't put up much of a fight. After the weak member of the herd has been cut out for slaughter, they choose the best way to torture and break them down in the judicial system. You have animals, and are in their way? They find violations, seize animals, toss you off your land while, 'Court', works out your problems. Almost two years later, while still making payments on two residences, the home they own and their rental, County lays care bill for their animals on them. Give them a deal. They walk away, they get their animals back, case closed.

Adios ranch.

Oh, also adios half their animals.
"Gee, had to put them down, they were sick"
!!!!!!!!!!!!

F.A.C.E.OFF. Quick Comment:

No, L.A. County!

We agree with Kim!

You're the SICK ones!!!

You take their, 'deal' whatever that might be, find out new liens put on your place a week later. Ones that they saved for your birthday present....You stand up to them, you get arrested for one reason or another. While you're in jail, those fifty classic cars and all of your parts and engines, taken away. ALL OF IT. Sheriffs and County cronies take their pick of whatever they want in giant free for all before crews take everything to the reclamation yard. Oh, you won't see any of that dough. It all goes towards the crew fee's, fines and processing baloney.....

I can go on as long as you can stay awake to read....

Meanwhile, a wonderful L.A. Weekly reporter, named Mars Melnicoff, has decided to help Kim get the word out, while he is busy Fighting the County to try to Save his Home! So she traveled all over Antelope Valley with Kim, and then she wrote this fantastic newspaper article about the situation there:
L.A. County's Private Property War
NOTE: Be sure to watch the awesome video, at the top of this article, called:
L.A. County's War on Desert Rats

Kim also talked to Maggie, on her wonderful radio show, about his own case, told in this powerful documentary by Devin Schiro:
Phonehenge West
and about how he is going to be...

Sentenced and Incarcerated

Over Minor Code Violations

on July 8th, despite...

a tremendous outpouring of support for him,
from people all over America,

after they read this compelling story, in the L.A. Times,
written by Ann M. Simmons:
A Man's Castle Under Code Enforcement Seige

Kim's story was also picked up and told on the Yahoo Homepage News.
(Welcome to Yahoo!, the world's most visited home page!)
Officials Say Man Must Tear Down 'Phonehenge' House
by Liz Goodwin/The Lookout

Here is one of the zillions of letters that came in to F.A.C.E.OFF. about that:
I just read an article on Yahoo! news about Alan Kimble Fahey and his work of art (Phonehenge House). It lifted my spirits viewing the pictures of his life work. Imagining the love and pride he has for what he has built with his own two hands, the conversations its brought amongst friends and family, and the awe it draws from passer-bys. Then it twisted my gut reading about the intentions of some to not only have Phonehenge torn down but to put Mr. Fahey behind bars if he doesn't comply with the order to tear down what he has spent 30 years of his life building. How dare them. Instances like this make me disgusted at the filth hiding behind laws as they destroy another mans property. I hope there is someone with the power and influence to help Mr. Fahey...and I am rooting for Mr. Fahey.

Here is an e-mail that was sent to us, from one of Kim's supporters, about the comments that were posted in the news story:

To: F.A.C.E.OFF. Movement
Sent: Thursday, June 2, 2011 8:46 AM
Subject: comments now at 7,061
All of these comments should be read in court and entered into evidence. 7,061 and counting. I hope you guys will mention this to Atty. Mike, to show the jury what the people want.......Tell Kim I said hello & that the PEOPLE are with him!!!

And here is the link to Kim's Facebook Site, so that you can give him your words of support in this battle to save his home!

Save Phonehenge West

Then Joe Solis, in El Paso Texas, began telling his story to Maggie, on her wonderful radio show. Joe is the one who told all of us, not too long ago, what was really going on in the El Paso Kangaroo Court, in this story on the Texas F.A.C.E.OFF. blog:
Stunned in El Paso!

And now Joe, who is a very talented writer, is creating his own blog, just like Kim, where he will soon be telling all of the stories of Code Enforcement Abuse in El Paso Texas:
Code Compliance Abuse in El Paso, Texas

Here is what Joe told me about being a guest on Maggie's show last Friday:
I think the most important point I tried to make is that the engine driving this is the model ordinances and codes adopted by cities ICLEI, Smart Growth or Smart Code, coupled with the $$$income stream$$$ this provides to cities and counties while they push us all on the way to living in a small box, wherein the state will chose the style of the hardware and color [boring World Government tan, I imagine] of the walls.

As the radio show progressed, other people, all around the Nation, who were listening in as these stories were being told, suddenly had their own unsolicited opinions on Code Enforcement, that they wanted to share with Maggie and her guests, so they called into the show too!

Karla told the story of how she recently won a battle, that she has been fighting, with Contra Costa County California, for 4 years!
Here is the first property County of Contra Costa tried to unConstitutionally "take" from me in 2005:

Gateway to What Was Paradise!

The county incompetents accused me of building and zoning violations for the existing building you see behind the car. This 32x34 ft. double-decker floating structure is huge, and the main reason I bought my dream retirement home!

We used to have barbeques and parties, hanging out on the boathouse,

but now, I spend all my time fighting off code enforcers
on the computer day and night!

The county has ruined the last six years of my life, emotionally and financially! They RECORDED a notice of violation against the property title! No hearing! After four months of sleepless nights I found all the documents demanded by the county, except the building permit, which finally surfaced in when we filed a lawsuit in 2010! Violation of "due process"!

Most people think the county/city abates nuisances
like homes that are substandard or filthy,
but that's not true at all.

In fact...

our homes are the pinnacles of the entire road!

Karla also has some great advice, for all of you Code Victims out there, about some of the stuff that she thinks you should be sure to do:

*Request a record research from the County or City, asking for all the permits on your property.

*Get out your Title Insurance Policy and see what it says. Sometimes the Title Insurance Company will be liable for errors, and you can submit a claim. If you have lost this paperwork, go directly to a Realtor or Title Insurance Company. Any Title Insurance Company can tell you who did the policy, which is why it is called Insurance.

*When the County/City records a “Notice” or “Lien” it slanders your property title, by impeding the sale, or any refinancing, thereby holding the property owner hostage to pay fines. When you don’t pay the fines, they attach them to the property taxes in Contra Costa County California. We were fined $12,900 dollars for not demolishing our lower level of homes. The County demanded we obtain a permit to demolish. This is how the County extorts money from the homeowners. The County refused to accept their own building permits, tax assessor’s records, and worst of all they refused to acknowledge the Title Insurance property information. Most homeowners, when they buy property, go to a Realtor, like my husband, licensed for twenty years. Then they go to a Title Company, which is where I worked for ten years, to sign escrow papers. NO one goes to the records department to look at the City/County records because they only have to keep records for 6 months. How fair and just is it for these Governmental Agencies to demand that the homeowner produce the documents the agency should have kept??

*Go to the Tax Assessors and get the Construction Record to help prove your dispute.

*Lastly exercise your freedom of speech and go public with your problems, go to the town hall or city hall meetings, don’t back down! God Bless America!

Then Darrell called in to talk to Maggie too, about the problems going in in Taft California, and the INSANE salaries that Government Workers are receiving there, for abusing the Citizens they are supposed to be serving!
Here is what Darrel told Maggie about Taft:

Taft has a population of approximately
9,100 people

who pay the Town Manager around
$188k per year

and support the
one-woman
Code Enforcement Department to the tune of about
$100k per year.

(I am sure the Citizens are unaware of this.)

Darrell's call kinda reminded everyone of another little city in California...

Angry residents protest in Bell, CA (Liz Baylen/LA Times)

And Chris in Vegas called too! He told everyone exactly why we call the Code Enforcement Hearings Kangaroo Courts! Be sure to listen very carefully to what he had to say!

That wasn't the only show F.A.C.E.OFF. did with Maggie Roddin last week!

On Thursday, F.A.C.E.OFF. Co-Founder Jerry Brinegar, and California F.A.C.E.OFF. Organizer Bob Morris, both joined Maggie on her wonderful radio show too!!!
Here is that podcast:
Podcast

Jerry Brinegar talked about how the F.A.C.E.OFF. Movement first began, when 3 Citizens of Brevard County, on the East Coast of Florida, decided that...

Enough was Enough!

So they founded the F.A.C.E.OFF. Movement, at a Tax Day 2009 protest, that was held right across the street from...

The Brevard County
Code Enforcement Kangaroo Court!

And then Bob Morris, clear over on the West Coast--not of Florida, but of the entire United States--talked about how he came to join the F.A.C.E.OFF. Movement, after being attacked by Code Enforcement himself!

Since then...

Bob has single-handedly taken California F.A.C.E.OFF.
to a whole new level

by coordinating efforts to fight back in Cities and Counties...

from one end of the Golden State to the other!!!

Just like Joe and Kim, Bob has created his very own blog to tell his Code Enforcement story! And, in the future, he will be using it to tell the stories of other fighters, that are joining him now, in his County of San Bernardino, and all over California!
Here is the link to Bob's blog:
Code Enforcement Abuse

And because when he is not fighting
Nationwide Aggressive Code Enforcement Abuse,
Bob races top fuel dragsters,
Bob isn't afraid to make a little noise
when he sees something going on in Government
that he knows isn't quite right!!!

Now that's not even the end of this story,
because...

Here is the
REALLY AWESOME NEWS

FOR ALL OF YOU

Maggie isn't quite done giving her Unsolicited Opinion about Code Enforcement yet, because here is what she told me about the Nationwide Victims of Government Corruption and Aggressive Code Enforcement Abuse:

"I want to talk with as many as are willing to come on my show from the all over the country"

So if you are a victim of Aggressive Code Enforcement Abuse, and you would like to tell your story to the world, on Maggie's wonderful radio show, please get in touch with me, so that I can introduce you to Maggie Roddin right away!!!

Here is how you can e-mail me:

Alley Cooper
Communications Desk
F.A.C.E.OFF. Movement

E-MAIL: faceoffmovement(at sign)yahoo.com

(Use the @ on your keyboard)

THANK YOU, MAGGIE RODDIN

for telling the stories of

Nationwide Aggressive Code Enforcement Abuse

on your Wonderful Radio Show!!!

And a very special Thank You also to:
Janna Legg
Weekend Morning Buzz
Agenda 21 Library

For introducing F.A.C.E.OFF. to Maggie Roddin,
And making all of this possible for us!!!

UPDATE:

Refusing to Tear Down Desert Compound, Man Gets Jail
by Christina Hoag, John Rogers
Associated Press

Here is what Kim had to say to the reporters:

"They're Going to Find Out

that Faheys Don't Fold!"

Alan Kimble West, better known as Kim West,

is seen on a ramp between buildings at his home in Acton, Calif.

Reed Saxon / AP

Here is what Kim said to me:
From: Kim Fahey
To: Alley Cooper/F.A.C.E.OFF. Movement
Sent: Saturday, June 25, 2011 10:46 AM

If we don't stop this baloney,
our kids and grandkids
will have NOTHING....

Here is what Kim said to Maggie, after he was bailed out of jail, when he called her show, on Wednesday July 13, to give her an update on his case:
PODCAST

And then...
Here is what L.A. County had to "say" back to Kim, just 2 hours later:
From: Kim Fahey
To: Alley Cooper/F.A.C.E.OFF. Movement
Sent: Thursday, July 14, 2011 12:06 PM

...Two hours after the show we were raided by 22 County officials. Cops, D.A., Animal control, fire, inspectors, etc. They tagged all the buildings and put nine people in the street homeless. Hope the show does some good...

RISE UP AMERICA!

Enough is Enough!

Welcome to Ft. Lauderdale, Cordial Lee!

2011-05-19T06:30:00.000-07:00

On Tuesday, Ft. Lauderdale City Commissioners chose Palm Bay's City Manager Lee Feldman to take over the top slot in Ft. Lauderdale:
Fort Lauderdale Chooses Palm Bay Official as Next City Manager

On Tuesday, May 5th, 2009, F.A.C.E.OFF. Movement Co-Founders met with Lee Feldman for the very first time. Following that meeting, I was so pleased by how it went, that I sent this description of the meeting to renowned Brevard County radio talk show host Bill Mick:

From: F.A.C.E.OFF. Movement
To: "Live, Bill"
Sent: Mon, May 25, 2009 7:03:25 PM

Hi Bill Mick!
...We have also been in to see Lee Feldman...I actually enjoyed meeting and talking to him. He was very cordial and the members of our group learned alot from our discussion with him. He told us the history of how the Municipal Courts System was replaced by the Code Enforcement Board in 1973. He also told us that bringing back the Municipal Courts System would be his "personal preference" when we were discussing ideas about how the abusive Code Enforcement practices could be changed. It was a very interesting and informative conversation...

Ever since that meeting, Lee Feldman has been affectionately known, to members of our Brevard County F.A.C.E.OFF. group, by the nickname we gave him: Cordial Lee!

Very sadly, Lee Feldman is leaving us now, without yet having been able to bring back the Municipal Courts System. But we know that he will want to continue his work on that, with the members of our Ft. Lauderdale F.A.C.E.OFF. group, in order to someday make his "personal preference" into a reality!

And also, since whenever I ran into him, at one of the local Brevard County Government meetings, he always told me that I was welcome to come into his office, with any of our Palm Bay Code Victims, to discuss their cases with him, I know that he will want to talk to all of the victims of Aggressive Code Enforcement Abuse in his new city, Ft. Lauderdale, too!

Sooooooooo.....

Welcome to Ft. Lauderdale,
Lee Feldman!!!

From:
Alley Cooper
Communications Desk
F.A.C.E.OFF. Movement and....

Zorro!

Freedom Fighter

Ft. Lauderdale, Florida

UPDATE:
Shortly after I published this article, I was contacted by two very brilliant people, one from Cordial Lee's old home, Brevard County, and one from Cordial Lee's new home, Broward County, who wanted to let me know that they are quite happy and satisfied that Cordial Lee was never able to bring back the Municipal Courts System, and that their personal preferences would be that he never does...Sorry about that, Lee!

So let's take a look and see what they had to say about the Municipal Courts System, and why they think that bringing it back would not be a good idea and would not help change the abusive Code Enforcement practices we are now dealing with.

NOTE: If, after reading this, you have your own Municipal Courts Opinion, that you would like to share, just send me an e-mail, and let me know what it is:

E-MAIL: faceoffmovement(at sign)yahoo.com
(Use the @ on your keyboard)

And then you can join into this conversation too!

A Conversation About The Municipal Courts System

(Excerpts from e-mails sent to me about this blogspot)

From Brevard County:
Hi Alley,

I don't know if you were serious or sarcastic about Feldman. Did Feldman tell you that Muni Courts had the ability to jail you for 60 days for code violations? And the fines were criminal and not civil? Super collection like suspending your driving license if you don't pay. It was folks like you that got CEB from municipal courts. They wanted to decriminalize local codes and put judgment in the hands of your neighbors.

P.S. Check out this Municipal court case enforcing a city ordinance that made it all the way to US Supreme Court:
http://wings.buffalo.edu/law/bclc/web/papachristou.htm

From F.A.C.E.OFF. Movement:
I am just a writer, with no legal background at all, and...most of what I believe is based on my emotions and my anger at what is happening in America with Code Enforcement. Every day I read heartbreaking stories that are sent to me by frightened people, all over Our Nation, who are living their lives in true terror because of Code Enforcement. Somehow I would like to find some way to do something to help them. Most of them have absolutely no legal or political acumen, and have no idea at all what they should do. So most of them either do nothing, until it's way too late, or they do things that make their cases end up much worse than they started. Then, at 2am, on the day of their hearing, they send me a frantic e-mail. The subject line is usually just...

"Help!"

Since I am not a legal person, and I just say what I think, and then everyone in the group let's me know exactly why I'm wrong, with paragraph, number, and dot, and eventually I learn stuff, and since you two already know far more about legal stuff than I will ever know, I would like to break things down into very small pieces in order to try to get each topic to the level where I can truly understand what you two believe about each thing that I have a question about. That way, I will be able to translate what you are saying to the Code Victims who contact me. (Some of the Code Victims are "legal experts" who don't need any translation, but most of them do.)

So let's start with Cordial Lee and the Municipal Courts. He explained the entire history of when and how they were done away with, in answer to a question someone asked him during the meeting, and then he said that he personally liked the old system better. The people who attended the meeting with me were in agreement with him about the Municipal Courts because they thought that under that system, Snitch Neighbors would not go to the trouble to snitch. All they have to do right now is put down their binoculars, and pick up their cell phones, so that they can hit the speed-dial button for Code Enforcement, if they want to ruin their neighbors' lives, or the lives of people who don't even live anywhere near them, over any small thing in their yards, because of a personal vendetta (we have lots of ex-husbands and ex-wives who simply love Code Enforcement!), or because they would like to drive the Code Victims off of their properties and have the land for themselves. And they don't even have to identify to Code Enforcement who they are in many cases. So what happened to the right of the person being reported to face their accuser and defend themselves? The others at the meeting felt that it would be a lot more trouble and expense (than the [zero] trouble and expense they have now) for people to use the Municipal Courts System as a weapon, so they wouldn't bother, unless it really was a true health and safety issue, that really had a true negative impact on their lives.

What do the two of you think about this?

Thanks!!!
Alley

From Broward County:
It is true that the muni. courts had the ability to jail people for code violations, but they had to follow due process and present actual evidence in order to prosecute. And there was an appeal process. Code violations were handled like traffic tickets. On the other hand, there is no enforcement against FL homesteads, so everything is "under color of right." But people don't know that. While in theory, municipal courts, following proper due process, would seem appealing...South Florida is not Mayberry!!

Snitch neighbors would still be able to snitch, but we would like to believe that the courts are not corrupt. We WOULD like to believe that the courts are not corrupt, but that is not the case. Our county judges are elected not appointed by their peers on their merits. Elected judges means that justice is meted out in exchange for political favors and for those of us who complain about the crooked county courts, the municipal courts are much worse. In the muni court system, the same crooks who run the cities, police etc also control the courts.

Can you IMAGINE??

Code is going to be corrupt no matter what happens. The only difference is that now you are two rungs down from the State Supreme court and if Muni courts were reinstated, you would be three levels down from any hope of a fair trial. And given the cost of filing and appeals, there would be scant chance of justice for most people. Right now Code has no enforcement power over Florida Homesteads. Good thing!!! because they are so corrupt everywhere. The LAST thing that we want to do is to return to these corrupt municipal gov'ts, their little fiefdoms, by giving them the ability to jail and fine people other than levying code liens which are unenforceable on a FL Homestead.

From Brevard County:
Well I think you misunderstood that municipal courts would do away with code enforcement. Municipal courts were not to enforce private nuisances but were used by cities to criminally enforce their codes. The judges were appointed by the city council. So basically the special magistrate on steroids. Muni courts were done in by the famous Gideon case where the Supreme Court ruled that defendants are entitled to counsel when charged with a crime. The more I read about these courts the more I learn how they were used for Jim Crow. You should read Gideon's Trumpet which I had to read before starting law school.

It's about how the great state of Florida used to railroad poor people. In Florida before Gideon, a poor person would only be provided an attorney if he was charged with a capital crime. The way to achieve what you have described is to eliminate codes. That way private parties would have to sue to enforce deed restrictions or private nuisances. Trying to mess with the enforcement mechanism achieves only limited results. Even if you didn't have code enforcement, a violation of a code is considered a nuisance per se. The neighbor doesn't have to prove harm to enjoin the activity. No code, then the neighbor has to prove what you are doing on your property is somehow harming his. So the best solution is eliminate intrusive codes altogether. IMHO...

Alley have you changed your mind about municipal courts?

From F.A.C.E.OFF. Movement:
...As for me changing my mind about the Municipal Courts, I am now getting input from others in my group about this also, so I will wait until I hear back from everyone who wants to weigh in on it, before I decide. I am always willing to change my mind, whenever I become convinced that I am wrong (which is often). Others in the group are not thrilled with the Municipal Courts either, but they are really not thrilled with Code Enforcement Boards and Magistrates as an alternative. Too many times they have seen how the people appointed to the Boards have somehow transformed, after being appointed, and become like Bill Mick's "Clowns"--suddenly, and magically, they are now much better than their neighbors, and suddenly, and magically, they now know much better than their neighbors what their neighbors should be doing with their properties! That was one of the comments I got back this morning!...I will look forward to learning much more, from both of you, as your discussions continue!
Alley

From Brevard County:
Well you don't have to think to hard because it would take a constitutional amendment to get them back. They were in the constitution until the civil rights changes in the early 70s. That case I sent you showed how they could be used to violate civil rights and enforce Jim Crow laws. They put black guys in jail for just being in the wrong part of town or with a white woman...

Imagine letting Palm Bay put you in jail for 60 days for having a cargo trailer.

Alley have you changed your mind about municipal courts?

From F.A.C.E.OFF. Movement:
My deepest gratitude and thanks, to both of you, for contacting me with your comments on this blog story, and for this wonderful conversation we have had about it together. You two are rare gems...

shining the light of knowledge

for us, into a very dark and twisted tunnel that seems to have no end!

Alley

To Be Continued...
By all of you who read this, and who are also willing to share your thoughts and knowledge with us too, about everything we have discussed in this conversation, so that together we can all find some way to truly help the Nationwide Victims of Aggressive Code Enforcement Abuse!

And to hear more from Bill Mick, who has also been a very big part of this conversation, and many others we have had, ever since our group began, be sure to listen to his wonderful show:
Bill Mick Live, which can be heard from 6am-9am weekdays on WMMB 1240/1350, and at your leisure on his podcasts:

Bill Mick's Website

Amazing Grace!

2011-04-11T12:04:00.001-07:00

On February 15th, Grace Roebuck contacted F.A.C.E.OFF. Movement for help:

From: Grace Roebuck
To: faceoffmovement
Sent: Tue, February 15, 2011 6:15:24 PM
Subject: Unfair

We have an unmarked enclosed lawn trailer which someone in our neighborhood has decided to make us move after 8 years of business. We park it behind the front and to the side of our house to hide it...we are being targeted by someone who evidently has it in for us. Believe me we have gone all out for our neighborhood & neighbors. Can we fight this unfair code since we are just tring to survive...Grace Roebuck

Members of F.A.C.E.OFF. went to visit Grace, and she showed us a petition, signed by more than 40 of her Palm Bay neighbors, saying that they don't mind her trailer at all. Grace told us that what she wants is to change the code in order to make Palm Bay a little more user-friendly for small business owners who are struggling so much in these tough economic times:

To: faceoffmovement
Sent: Sat, February 19, 2011 11:15:42 AM
Subject: Re: Unfair
We are anxious to share what we consider harassment by someone using an ancient code that's not enforced unless someone uses it against another. Can a code like this be changed? There are lots of people who have and will lose jobs soon and which many have decided to do lawn care. Where will they park?

So, when Fox 35 News Reporter Derrol Nail recently contacted Brevard County F.A.C.E.OFF. Organizer Penny Canales for a story, Penny told him Grace's story. He then decided to have a little chat with Grace himself and, after talking to her, he decided to rename her...

Here is that interview:
Landscaper vs Ordinance

By Derrol Nail

Fox 35 News

And how do we feel about all of this???
Well, we agree completely with Fox 35 News anchor Bob Frier who said, at the end of the report:

"You Go, Grace!!!"

What's Good for Obama...

2011-03-06T08:08:00.000-08:00

From: DeSoto County Citizen
To: FACE OFF
Sent: February 2011
Subject: DeSoto County

...I learned that our county has enacted a code that you cannot put a garden in your backyard here without a permit...

From: F.A.C.E.OFF. Movement
To: F.A.C.E.OFF. Movement
Sent: Fri, February 25, 2011 1:52:45 PM
Subject: ***Hot Off the Press from DeSoto County***

Hi Everyone!
This just in from.....................DeSoto County!

I learned that our county has enacted a code that you cannot put a garden in your backyard here without a permit.

Alley

From: Bob in California
To: faceoffmovement
Sent: Sat, February 26, 2011 10:44:36 PM
Subject: Obamas Prepare to Plant White House Vegetable Garden

Hi Alley,

I'm sure that the DeSoto County Code Enforcement Agency would like to receive this article.

Bob

Obamas to Plant Vegetable Garden
at White House

Stephen Crowley/The New York Times

Sam Kass, an assistant White House chef, left,
and Dale Haney, the White House gardener,
at the site of the new vegetable garden on the South Lawn

From: F.A.C.E.OFF. Movement
To: F.A.C.E.OFF. Movement
Sent: Mon, February 28, 2011 11:28:21 AM
Subject: What's Good for Obama, Should be Good for DeSoto!

Thanks, Bob!
Sure do hope the Obamas
got alla the proper permits!
Alley

My Sign--Gone Forever!!!

2011-01-04T18:14:00.000-08:00

The following story is from F.A.C.E.Off Brevard, the blog created by Brevard County F.A.C.E.OFF. Organizer Penny Canales to expose Code Enforcement Abuse in her County. Here is the link to her blog, so you can read other stories that she has written:
F.A.C.E.Off Brevard

Monday, January 3, 2011

Bad SIGN of Times

Businesses spend hundreds of thousands of dollars to have professional signs made to advertise their store fronts only to have Code Enforcement tell them they cannot use the signs, or even more appalling, in one case CE took the sign from private property (without warrant and affidavit) and immediately threw it away in a dumpster.

Melbourne Leads by Example
On December 15th Florida Today published an article about the City of Melbourne possibly relaxing the sign codes they adopted last April in an attempt to help Mom and Pop businesses get through this rough time in our economy.

Empty Plaza
Quiznos Used to Occupy the Store Far Right

The featured business owner of their story, Mr. Castillo, contacted F.A.C.E.OFF. last July after he was told by Melbourne's Code Enforcement that he could not: hang his banner signs over open bays, a certain percentage of his windows could not be covered by signage and he could not put his expensive feather flags out were patrons could see them. At that time Mr. Castillo was not only concerned about his business, but also about the business next door, Quiznos, who was also experiencing code enforcement problems for use of his signs.

Bye Bye Quiznos

Sign on Windows and Doors of Closed Quiznos Store

Quiznos was located in the City of Melbourne on Babcock street in a new plaza with a substantial setback which hides it from patrons until they are directly in front of the building and past the entrance. The sandwich shop was the only business to open in the plaza. Melbourne code enforcement denied the owner his right to display a yard sign for his business.

It is sad to say, but the business has closed, leaving the new plaza empty and deteriorating before it ever gets used.

The Creeping, Crawling, Contagious Code

Businesses on 192 in the County that have been affected by the creeping sign restrictions include, Envy Tailors and Dry Cleaning, A-1 Auto Sales, Wild 777's, New Addiction Tattoo, Georgia Carpet, Best Produce, Computer World, and Space Coast Nail and Beauty Supply.

In a letter written by Rob Macneil the owner of Envy Tailors and Dry Cleaning, he conveys the sentiment shared by local business owners throughout Brevard County about the sign code enforcement, how it affects their business and how they are treated by Code Enforcement.

Rob called Bill Mick on Wide Open Wednesday and told his story.

Click to Listen: Rob's Story at 21 Minutes

Letter of Experience
My name is Robert Macneil, owner/operator and CEO of Envy Tailors and Dry Cleaning located at 3259 West New Haven Ave. Melbourne FL 32904.

Small business owners are infuriated by the County's new sign code ordinances and the manner in which they are being enforced. Hard working business owners of a busy area near the intersection of 192 and Minton/Wickham road, a vibrant pocket of small businesses, open their doors daily offering patrons everything from tattoos to cars, however, ridiculous sign codes are making things more difficult for them to keep their doors open.

Envy Tailor and Dry Cleaning
Located 192 Brevard County

My wife and I started our business 4 years ago; we are successful. We work hard 6 days per week providing a quality service.

Our customers are wonderful!

We do all the Brevard County Sheriff patches, and alterations for the Melbourne Police, State Police and Melbourne Fire Department.

The plaza we are in was destroyed by a hurricane in 2004. It was empty for 3 years, a blight on the community. The owner fixed the building up and now there are 5 businesses in the plaza, each bringing business and revenue too this town.

My wife and I are extremely angry, frustrated, and confused about a series of events led by the midget, dysfunctional sick erratic Mark Herold of Brevard County code enforcement.

We have a little 2' by 3' professionally made a-frame sign that we put on our grass every morning and bring in at night. The plaza is kind of set back, so the sign has been a tremendous help of getting customers in our door. Unlike a code enforcement officer who gets his pay check from the taxpayers of the County ($56,000 with benefits) our business depends 100% on the amount of customers that come in the door; if nobody comes in, we make $0. This is why it is so mind-boggling and upsetting to us that in May 2010, Mark Herold suddenly appeared and started bothering our plaza, telling us our signs are illegal.

Mark Herold wrote up a notice of violation (NOV) where the owner of the building was fined $1000 because the computer store owner, Abraham Bashir, (who has a wife and 5 kids) put his sign out again (he was told that it was illegal). A week and a half after removing the sign Abraham's business was reduced to 4 customers.

A-1 Auto
Located on 192 Next to Envy Tailor and Dry Cleaning

Also, my store got numerous complaints from customers saying they thought we had closed because they didn't see our sign (the one Mark Herold took).

Then I got permission from next door A-1 Auto Sales owner, Art and his son Ryan, allowing me to put my sign in his parking lot (Art owns the building and the land). The sign was not on the sidewalk it was even with front of the parked cars.

On November 17 around 4:00 p.m. Mr. Herold drove up in broad daylight, parked -illegally- on the sidewalk, ran out on Arts private property and stole my $300 sign. He threw it in the back of his Brevard County pickup truck, quickly got back in the truck, spun the tires and sped off.

I called Mark Herold 5 times, he never had the courage too return my calls. I spoke with his boss Wanda Sykes, she said he drove around and with no complaint issued, [on his own performing random inspections] stopped, picked up my sign, took it to the County building and threw it away.

Is this Melbourne Florida or Nazi Germany? Click to See: A Christmas Grim

Then I spoke with Keith Alward from Roads and Bridges, he said the sign is out behind his office and that they hold the signs for 30 days. Well, Keith and I looked and we couldn't find the sign. Keith was kind enough too call code enforcement and spoke with Mark Herold who admitted that he vindictively threw the sign in a dumpster, which was dumped that day.

My sign gone forever!!

This is just like someone coming into my home and stealing something from my living room or taking money from my cash register.

It is the worst economy in 80 years and these idiots are trying too harm our businesses and take food off the tables of our families. I had an attorney look into the matter and because code enforcement falls under administrative law (policies written by County staff and voted into action by the County Commissioners) there is no way to seek redress through the court system until all administrative avenues have been exhausted.

I will not rest until we get rid of these sick individuals. I guess they want too get rid of all the small businesses so the town will look like the ghost town Titusville is becoming.

My friend Mark Rothstein owns 3 Metro PCS phone stores in the area, one of his stores is on New Haven Avenue and sits in a plaza with 8 stores; 6 are empty. He put out 2 beautiful professionally made banners to attract customers and code enforcement made him take them down.

Code enforcement in this town sickens me, my wife, and over 2 dozen other small business owner/operators. Lets all work together and get this evil away from us for good and restore our property rights.

Thank you for listening too my story, I hope this never happens to you!

Rob Macneil

Help Us . . . Please

In November Mr. Macneil contacted Commissioner Infantini's office in search of help, but he was told by her office that Code Enforcement was allowed to do what they did. They could not help him.

Rob sought legal consul through attorney (Miriam Pagan). She called County Commissioner Anderson's office on December 01, 2010 to ask about the sign stealing and spoke with Commissioner Anderson's aide who said she would check and see what is happening.

On December 02, 2010 Miss Pagan told Rob that Commissioner Anderson's aide, said that Mr. Herold was doing his job and could take the sign. Later, Miss Pagan spoke with Mr. Herold and he said there were complaints about the sign, that a single person had called 80 times to complain about the signs at the plaza. Code enforcement policy is that after 3 unfounded complaints they no longer respond to the call for a period of one year.

Looking at the code enforcement file the case was closed once and the file does not reflect 80 calls or 80 NOVs (notice of violation).

Rob dropped his attorney that week because her expertise was in criminal law not constitutional law, civil rights or property rights and he felt they were getting nowhere at his expense (lose of business and lawyer fees).

As things continue to heat-up, sign spinners working at the plaza witnessed Brevard County Code Enforcement officer Mark Herold patrolling the plaza approximately 3 times a day, creating a hostile work environment for all the business owners, the sign spinners and patrons.

Rob and the other business owners in the plaza asked FACEOFFBrevard to call Commissioner Anderson's office and request an appointment. Commissioner Anderson's office obliged and an appointment was scheduled for Tuesday December 14, 2010 at 4:00 p.m.

One week before the meeting on December 06, 2010 Commissioner Anderson contacted Bill Mick, well known talk radio host in Brevard County. Commissioner Anderson spoke about the Cocoa Recycling case (see the November blog story) and Rob's case.

Click to Listen: Andy Anderson on Sign Code Enforcement 26 Minutes

As of December 23 2010, Mr. Herold was still patrolling the plaza and fanning the fire of irritation.

A day after meeting with Commissioner Anderson Rob went to the Sheriff department to file a complaint against the code enforcement officer for stealing his sign from private property. He was told by Sgt. Santos and his supervisor that he (Rob) could not file a complaint because "Code enforcement can do that."

A letter to State Attorney Norm Wolfinger about the events resulted in the following response:

Thank you for contacting the State Attorney's Office for Brevard and Seminole Counties.

Based upon the information contained in your e-mail, this is not a matter to be addressed in the criminal justice system. It is obviously a matter to be resolved administratively with the appropriate county officials. Whether or not the matter can be addresses as timely as one might like does not change the administrative nature of this matter. Your only other remedy may be civil, but that would involve a much longer time
and you would probably want to consult a private attorney.

Wayne Holmes
Chief Assistant State Attorney

What this means is that under Administrative Law and Policies "We The People" are at the mercy of our county officials; elected and appointed. This can hamper our right to fair and equal justice and redress of grievances (unless you are wealthy enough to hire a lawyer), not to mention we have no way to relieve appointed county officials of their duty.

After Christmas

Christmas has come and gone and wasting no time CEO Herold contacted the plaza owner, Mr. Thompson, a few days after Christmas to inform him that if Mr. Macneil puts his sign anywhere in the county, to include his own yard, code enforcement could fine him, the landlord, between $1000 and $5000 for each day the sign is in non-compliance.

When asked for that ordinance, CEO Herold told Mr. Thompson he'd get back with him. No word yet.

Lose of Profit

Rob compared his sales for this holiday season to each of the past four years and his sales were down 40% from any of those years. The computer store next door is experiencing the same drop in business.

Is This America?

Have we now become a society where a single person of several hundred thousands, living anywhere in the nation has the power to determine whether or not specific businesses can advertise on their own property? A society where vindictive people or business competitors can call code enforcement to get even or create a financial burden on a competitor.

This is a perfect example of how bad code enforcement policies and practices have a negative effect on the welfare of our community, which makes them in violation of themselves.

Good Luck Cocoa Recycling!

2010-12-02T19:24:00.000-08:00

Penny Canales, Brevard County F.A.C.E.OFF. Organizer, has created her own blog to tell the stories in her area. Check it out! Here is the link:
F.A.C.E.Off Brevard
And here is the first story she published:

Monday, November 29, 2010

Brevard County Code Enforcement Attempts to Shut Down Recycling Center

On Saturday November 27, 2010 I had the pleasure of visiting the Cocoa Recycling Center located on the outskirts of Cocoa city limits off highway 520 on Lake drive. I met Ron the business operator and Charlie Griffis the property owner, his niece an employee and several volunteer workers. It is obvious to any observer that this is a close knit group of friends who care about each other.

Charlie Griffis and his brother started this small family business at their home collecting cans in the 80's. Since then, the operation has grown to a full recycling business with one of the most desired and sophisticated record keeping systems in the state of Florida.

The first code enforcement visit occurred in 1994. In the past 16 years code enforcement has made several visits to the property. Each time code enforcement would show up the business would gladly bring their operation into compliance as directed. Property owner Charlie Griffis told me "We always try to stay in compliance and to comply."

Proof of the cooperation is that when Mark Herold appeared and told the Griffis brothers they needed to have a building for their business they bought the building where the business is currently being operated from. Originally they had the recycling in part of the building and a thrift shop on the side, but code enforcement told them they could not run the thrift shop, so the Griffis brothers closed it down.

Cocoa Recycling - Picture taken on 29 November 2010

Time warping to the year 2008. Code enforcement officer Mark Herold visited Cocoa Recycling and told Charlie's brother he needed to clean something up on the property. So Charlie and his brother began the clean up which placed a lot of stress on Charlie's brother, who already had a bad heart. While performing the clean-up Charlie's brother threw his back out and doctors prescribed morphine for the pain.

On November 1, 2008 Charlie's brother died; cause of death was determined to be an accidental overdose of the prescribed morphine. Just 14 short days after the death of Charlie's brother the Brevard County Sheriff's department, code enforcement and DEP showed up with 8 other agencies including CH9 news to raid Cocoa Recycling. The business was accused of running a meth lab, dealing drugs, running a prostitution ring and having stolen property.

Brevard county code enforcement was represented by Bobby Bowen - retired Melbourne police Lieutenant and previous manager of the South Brevard County Animal Shelter. The raid resulted in 3 minor code enforcement violations: awning without a permit, oil spill from a bob cat that hadn't been cleaned up yet and broken windows from the hurricanes. These have all been rectified and are in compliance.

Lack of communication almost caused an injunction without the knowledge of Cocoa Recycling. In August 2010 Cocoa Recycling was contacted by a media source about their upcoming hearing at the County Commission meeting which was a total surprise to Charlie Griffis. The county was planning to file an injunction to shut down Cocoa Recycling. The lack of notification continued to occur for future hearings until County Commissioner Robin Fisher made Charlie the point-of-contact.

At a hearing in August Commissioner Infantini said that she had sent one of her people out to look at the violations and the violations being presented at the meeting seemed to be different than those listed. She asked Mr. Bowen for a list of the accused violations because every time Cocoa Recycling would come into compliance with the cited violations, code enforcement would cite new and different violations.

On November 23, 2010 Charlie Griffis and Ron Griffis attended the County Commissioners hearing. At that hearing was one of their business competitors ATM Recycling owner/operator Greg O'Leary. Mr. O'Leary bragged to Charlie Griffis in passing at the meeting that he was invited to attend the meeting by the Brevard County code enforcement department.

In his address to the County Commissioners Mr. O'Leary stated that he was required to erect buildings costing him $750,000. He also stated that his check book is in the negative.

Hmmm. . . . could this be due to the unfriendly business environment created by the enforcement of ridiculous codes that have nothing to do with health and safety? In fact, the encroachments of the code enforcement office itself is having a negative effect on the general welfare of the community. Their agressive actions discourage businesses from moving to Brevard and retard the growth of those that are struggling to survive. We the People should cite Code Enforcement for dumping hazardous ordinances on our general welfare that cause undue burden onto us.

Perhaps misery really does love company or would like to get rid of it. Mr. O'leary pleaded with the County Commissioners to vote for and force the same requirements on to Mr. Griffis to make the playing field fair, even though, as Commissioner Anderson pointed out the size of operations are much different, ATM is a much larger operation than Cocoa Recycling. The Commissioner also stated that since financial institutions are not loaning money in this economy it would be difficult to get a loan for a building such as Mr. O'Leary's.

Mr. Bowen showed a Power Point presentation of his last visit to Cocoa Recycling. He stated that there are several vehicles on the premise that the RV's should be removed. Charlie said he was in the process of getting the permits to demolish them and Mr. Bowen said permits are not required. Take note, that at the County Commissioner meeting in September Mr. Bowen stated that he entered into one of the RV's and found a pot of stew cooking and an unmade bed - he showed pictures of the inside of the RV where he had no warrant or affidavit to enter the RV.

At the end of the meeting Cocoa Recycling was in compliance for everything listed but . . . County Commissioner Chuck Nelson said that the injunction should be pursued because no work or storage can be done outside the building. Charlie asked Commissioner Nelson to show him the law that requires loading and unloading to be done inside a building. This was enough to sway Commissioner Mary Bolin and Commissioner Fisher to vote with him for the injunction. Commissioners Infantini and Anderson voted against the injunction.

Charlie says that if the law that Commissioner Nelson believes is true, the County School Board, and all businesses like 711 and Walmart, also in BU2 zones, will need to erect buildings to accomodate inside loading and unloading.

Select the Video Links to hear Charlie's Story in his own words!

Cocoa Recycling Part 1

Cocoa Recycling Part 2

Cocoa Recycling Part 3

Good Luck Cocoa Recycling! We stand behind you and hope that you are able to continue to provide a needed service to Brevard County and its residents, despite the counties efforts to shut you down!