Trespass? The Law? Inspectors? - Sewer and Water work!Fri Dec 2, 2005 20:57Mr, Kirkus:
I have indeed observed the Video Tape you made of what appeared to be a County or City Inspector and Law Enforcement Officer SHE brought to the property to make some sort of inspection authorized no doubt by law. You appeared to be digging in the ground with a backhoe behind your present home which had no fences or gates which were locked. My feeling is that your tape was nice but wasted as the Inspector had a right by law during normal working hours to visit your property.
Challenge to any inspectors would indeed result in a warrant to have them come on your property and as a former LEO let me tell you that the inspector would come back with the warrant in record time simply by telling the judge that YOU were digging with a backhoe, moving dirt and other materials, bringing in construction materials which were visible from the AIR or behind the property. Such work appeared ILLEGAL by Code or Ordinance and was possibly to hide a crime or to do work without a proper license which could INFECT NEIGHBOR WATER AND SEWER SOURCES. Do you think once the WARRANT was issued for any type of construction work or any excavating involving water, sewer or storage of anything including a BODY was submitted that ANY JUDGE would not issue the warrant and FIVE OR SIX inspectors would be on your property and INSIDE your property to check on the Electrical, Plumbing, Construction and remodels or modifications YOU may have made to the trailer [Manufactured Home] which MAY have needed a permit. You could have the entire site declared UNSAFE and the property sealed with tags allowing your immediate ARREST for trespass on your own property BY LAW and sitting there in jail would make your signs MOOT!
In Hillsborough County, Florida one must PERMIT many items even though they involve one's own property and your right to change even ONE COMMODE or FAUCET by law could result in a fine and inspection. One permit requirement is to make any Sewer or Water repairs, Electrical Repairs and drainage repairs. A mobile home or manufactured home is like a normal home in that there must be adequate sewer and water hookup and electricity hookup.
Naturally you may feel your property is your castle... which is true except when YOU could be contaminating the soil or drinking water for an entire neighborhood by doing work which commands, by county ordinance or city ordinance, a license, permit or inspections. One rarely uses a BACKHOE for pleasure practice or otherwise. Any inspector observing the large diameter draining piping would desire to get access to verify you are not doing permitted work without a permit and further such inspector would, by Code or Ordinance, have the right to come to your property during NORMAL WORKING HOURS or upon notice. My suggestion would be to anyone desiring to be left alone... build up a large wall, fence or something lockable. Have a gate where no other human may drive onto your property without permission or opening a secured gate. Then and only then can you stop people from coming onto your property WHEN inspectors, Jehovah's Witnesses or postal employees, FEDEX employees or others have legal access to your property and up to your door where they have been given access by you and your family if not the owner by leaving everything open. The DEPUTY was protecting the inspector who called no doubt to protect the employee and government official. Your not being able to call the County or City Inspectors to find out who the person actually was is something you can bring up with a County Commissioner for your area. As a CONTRACTOR here in Florida I would believe YOU were doing work which involves sanitation or water quality issues which LED the the visit and quite frankly doubt that any Judge would allow you to go forward with a SUIT for Trespass without a locked and secured gate behind a fence area.
Sorry about your wasting so much time IF you have not filed suit and now that you had a backup deputy called it was obvious you were apparently a threat to the people by not telling them the truth. TRUTH was you were moving dirt with your backhoe to increase the drainfield, start planting your own garden or something which may indeed require a permit. Do let me have a copy of any SUIT you intend to file and remember under the normal FREEDOM OF INFORMATION ACT involving Federal, there are State Statutes that make any photos PUBLIC RECORD and you have a right to purchase HER CAMERA PHOTOS IMHO! Again... drive a backhoe behind your trailer and anticipate once you put the shovel or other section to bring off over 2 inches of SOIL then you will be open for inspectors to protect the OTHER RESIDENTS in your neighborhood and make sure YOU are not deranged burying TOXIC WASTE ON PRIVATE PROPERTY! Good luck with your NO TRESPASSING SIGNS when you have no fence or no gate area with a lock! It will not work to keep inspectors OFF your property and NO YOU DO NOT HAVE THE RIGHT TO TELL THE INSPECTOR TO LEAVE ONCE PRESENTED WITH CREDENTIALS UNLESS YOU HAVE THAT PHONE AND CAN CALL HER OFFICE OR 911 FOR ANOTHER DEPUTY TO PROTECT YOU FROM ARMED PEOPLE APPEARING UNDER COLOR OF LAW OR AUTHORITY WEARING UNIFORMS as is listed in the Constitution and Laws such as Title 42 U.S. Code Sections you have no doubt read. LOOK IT UP ON UNIFORMS UNDER COLOR OF LAW. Like a deputy standing bye when your home owner THROWS ILLEGALLY your furniture from a home you were renting and you have not received papers of eviction and the Sheriff has not come to evict you. Officer standing bye may have a problem along with the private person taking liberty of throwing your property from YOUR castle.
Can you send me your TAPE of the encounter on a CD. Will pay you normal raplacement copy amount or send another CD for you plus pay the standard $0.37 cents postage if necessary for such action by you. NOTHING OVER $1.00 !
Ralph Charles Whitley, Sr.
a decorated Veteran of One
4532 W. Kennedy Blvd. PMB-276
Tampa, Florida 33609-2042Main Page - Saturday, 12/03/05
