Monday, March 20, 2017

City Council In Roanoke Virginia Swore To Honor and Protect The Peoples Constitutional Rights


However, if you don't have a rental inspection certificate in Roanoke City Virginia inspection districts, as of now, they have done nothing yet to protect you from the city taking away your Constitutional rights by illegally giving you criminal charges and fines up to $2,500.

Just a reminder to everyone… We do live in the United States of America. We do have a fourth amendment. And that fourth amendment does put limitations on the government. Our founding fathers knew that without limitations there would be tyranny. An example of that tyranny is government preforming a warrantless search. A city can create an ordinance like this only if there are no fines, fees or criminal charges for refusal to comply. Case law across the country shows that if the tenant OR the landlord refuse the entry of police, code enforcement or any government official, than you have the right to do so with complete impunity. You shall suffer no form of punishment for exercising your constitutional rights. No criminal charges. No civil charges. At this point their only option to continue on your property is by getting an inspection warrant. Virginia law clearly states that. As does the US Constitution.

There appears to be no upper level court case, not a single one… anywhere in the country… that allows any city to take away these constitutional rights.

I have been told by several landlords who have had problems with particular enforcers that they told the enforcer that they would be trespassing if they entered the property… or there was a visible no trespassing sign on the property and they entered it anyways. No one, that isn’t invited, can legally enter your property if it is marked with a No Trespassing sign. All of the code enforcement staff know this. And some of them respect it while others don’t care and break the law regardless. At the point of seeing a no trespassing sign or being notified that if they do enter they will be trespassing, they are legally required to get their inspection warrant. Or maybe easier, contact the landlord to set a time where they can meet someone out there. That’s what any normal person would do. Sneaking on your property is illegal.

We all want safe and habitable property for our residents. Otherwise we won’t have much of a business as no one would want to live in your property if it’s in bad shape. They wouldn’t even move into it if it was in bad shape unless for some reason no other landlord would rent to them as they are professional evictees or hardened criminals.

That being said, if you feel like you don’t want a particular code enforcer on your property as you have deemed them to have been giving you a hard time while you look at the surrounding properties and see all of them in a state of disarray, you do have the right to notify that code enforcer that if they step foot on your property again they will be trespassing. If they want to continue to go on your property anyways, the only way they can do that is by getting the inspection warrant. Just like police get warrants to enter a house. In which case all public officials will have to prove to a judge that they have probable cause. There has to be evidence of a crime or violation that is occurring on the premises.

Your tenants have the exact same right as you do. If the police or a code enforcer comes to their rented door, they can tell them get off the property or they are trespassing. If Either you or them, without the other, states that a government official or any other person will be trespassing if they don’t leave the property, than they legally can not be there. Code enforcement can legally be personally sued for doing so.

We have had a lot of complaints lately with members of our group saying particular enforcers are singling them out rather than treating the whole neighborhood, every homeowner in it, the same. A good potential solution to this situation, that I have used a couple of times when having a rogue code enforcer that was going after me, is to let them know that they will be trespassing if they step foot on your property again. After doing so contact their supervisor, making them aware of what’s going on, and that you will need a different code enforcer to inspect your property as you aren't being treated fairly. They have no reasonable right of refusal of your request considering the fact that you can push the issue and force an inspection warrant. That they won’t get without probable cause that there is an actual violation within the property.

The best possible scenario is always to just get along and work towards positive relationships whenever possible. But there are occasions where that isn’t feasible and you have to put your foot down and demand your rights.

There are loads of higher level court cases which prove that an inspection program, with no fees, fines or criminal charges associated,  is legal, but if you decide you want them to get a warrant, than they legally have to do so. They can not coerce you into giving up your fourth amendment rights by the threat of a fine or criminal charges. 

2012 Notice to local governments via the Municipal Minute that forced rental inspections are illegal deemed by a New York Appellate court.
http://municipalminute.ancelglink.com/2012/01/rental-inspection-ordinance-found.html

2014 - Hampton Virginia finds their Rental Inspection law to be unconstitutional.
http://www.usatoday.com/story/news/nation/2014/07/01/aclu-rental-ordinance-unconstitutional/11372997/

2015 - Top level federal court states that mandatory warrantless rental inspections with criminal or civil charges if you don’t comply are illegal in Ohio therefore the entire United States.
http://www.thetimesherald.com/story/money/business/2015/10/24/wallace-federal-court-rules-rental-inspections-unconstitutional/74544618/

City forced to pay back all rental inspection fees collected! Deemed llegal nationwide.

http://www.ohioconstitution.org/2015/10/01/federal-court-cities-rental-licensing-and-inspection-requirements-unconstitutional/

http://www.cincinnati.com/story/news/2015/10/02/judge-rules-ohio-citys-rental-inspections-unconstitutional/73196886/

http://www.stgeorgeutah.com/news/archive/2013/10/10/mjf-city-faces-potential-lawsuit-after-code-enforcement-search-declared-unconstitutional/

2015 to Now - Several court cases over the years clarifying the law:
http://fourthamendment.com/?p=17935

2017 - After seeing these court cases, California city understands the Constitutional rights of people and votes to repeal their rental inspection ordinance.
https://calcoastnews.com/2017/03/slo-council-votes-repeal-rental-inspection-ordinance/

The End. Everyone is happy and there are no more cities in the country intentionally violating your rights. Except Roanoke City...

Attorneys in Virginia That Specialize in Defending Your Rights regarding Zoning Disputes, Eminent Domain Takings, Property Tax Issues, Improper Code Enforcement and Unconstitutional Ordinances.
http://brigliahundley.com/municipal-law/improper-code-enforcement

TWO organizations, American Civil Liberties and the Institute for Justice have fought for your Constitutional rights as well and they now have officially been restored. Any city or town in the United States continuing to take away your rights after these lawsuits is risking very high bad faith punitive damages for doing so. Especially when fully aware of the case law that proves it being Unconstitutional  No rental inspection program is legal unless it has no fines, fees or criminal charges associated with lack of compliance.

Defending your rights against tyranny is a Liberty minded American thing to do.

The framers of our Constitution understood the dangers of unbridled government surveillance. They knew that democracy could flourish only in spaces free from government snooping and interference, and they put restraints on government overreaching in the Fourth Amendment of the Bill of Rights. . . . These protections require, at a minimum, a neutral arbiter - a magistrate - standing between the government's endless desire for information and the citizens' desires for privacy.Elizabeth Holtzman

...The Bill of Rights is a literal and absolute document. The First Amendment doesn't say you have a right to speak out unless the government has a 'compelling interest' in censoring the Internet. The Second Amendment doesn't say you have the right to keep and bear arms until some madman plants a bomb. The Fourth Amendment doesn't say you have the right to be secure from search and seizure unless some FBI agent thinks you fit the profile of a terrorist. The government has no right to interfere with any of these freedoms under any circumstances.
Harry Browne

The Fourth Amendment is clear; we should be secure in our persons, houses, papers, and effects, and all warrants must have probable cause. Today the government operates largely in secret, while seeking to know everything about our private lives - without probable cause and without a warrant.
Ron Paul

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