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Author Topic: Pima County Zoning Enforcement hassel  (Read 12872 times)
Understudy
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« Reply #60 on: March 19, 2007, 05:54:38 AM »

Wow, just wow.

I understand the code enforcement wanting to keep the neighborhood clean and them telling your brother to clean up the junk cars. I don't completely agree with it but I understand it.
But it seems like they still wanted to cite your brother for having the bees more than anything else. If he cleaned up the cars he still would have had to pay $1 for the bees. That seems rather bogus. Granted $1 isn't much but the broad powers to interpret the code seems a bit of a stretch. The $1 fine seems like an excuse for them to say look we screwed up and we want to make it go away but we refuse to give up our power.
And since you are a little peon in the code enforcement eyes we will make it seem like we are handing you a gift. Granted it is easier to pay the $1 than to continue the fight but I do not believe they are right.

Sincerely,
Brendhan
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AllanJ
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« Reply #61 on: March 19, 2007, 08:40:29 PM »

"The hearing officer, in his decision, explained that the zoning enforcement supervisor was granted broad powers to interpret the code"

This, IMO, is exactly what is wrong with most local bullies.. sorry, I mean government people.
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Jerrymac
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« Reply #62 on: March 19, 2007, 08:46:34 PM »

Like excepting a plea bargain when you aren't guilty.
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AllanJ
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« Reply #63 on: March 19, 2007, 10:18:44 PM »

Or apologizing to your wife when it is obvious she was the one at fault..
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Joseph Clemens
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« Reply #64 on: March 19, 2007, 10:28:14 PM »

It's bad enough that we beekeepers have to put up with AHB, foulbrood, drought, flood, weather extremes, insecticides, fire, CCD, mites, wax moths, hive beetles, and etc. But when your local government starts putting the squeeze on you -- it is pretty despicable.

Apparently it is most desirable, for some, to eliminate beekeeping, with the expectation that by doing so they will increase the desirability of the area as a retirement destination.
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Zoot
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« Reply #65 on: March 19, 2007, 11:00:31 PM »

Fortunately, we live in a state that has a fairly progressive attitude towards beekeeping (it is illegal to keep bees in Wash DC though). Even with that in mind, all of the hobbyists we know have the same philosophy - KEEP A LOW PROFILE. Inoperable vehicles, etc., around a property are notorious bait for busy-bodies. It gives them an "in" to get the local officals nosing around for other issues. Who needs it? We all live on farms here yet as the cancerous growth of sprawl and it's accompanying stupidity approaches we know that nothing can be taken for granted anymore, laws or no laws.
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Brian D. Bray
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« Reply #66 on: March 20, 2007, 09:47:55 PM »

The implimentation of punative powers must come from ordinances not administrative discrestion.  You were robbed of exactly $1.00.  The implimentation of a beekeeping permit, unless the action is specifically authorized by a legal ordinance is illegal.  If such power were specifically authorized by ordinance the name of the permit would be cited and outlines made for development of fee and fine standards.  In other words, it would amount to a beekeeping enforcement ordinance.  Governmental employees attempt to excercise such power because "they" are the government and what the government does must be legal--WRONG. 
If there is not a county or municipal ordinance that outlines the authority of the planning director in setting up and enforcing such fees and fines they exceeded their authority.  The judge took the easy (politically correct) way out of the situation.  Research the applicable ordinances at your local law library, (usually found at the county seat near the superior courts).  Anyone member of the public has the right of access and research.
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