Saturday, October 20, 2012

Purposed Nuisance and Litter Ordinance Changes = Loss of Property Rights and Due Process of Law

If the Board decides to enact this ordinance, I will expect the Board and County Administrator to get the county's properties that will be in violation taken care of first before this ordinance is applied to any private property owner.   The County owned property located in Bohannon ( the old boat yard on the East River)  will be in direct conflict with this ordinance. Also several  state owned docks and public landings would be in violation, so the county should enforce its actions on the state too. 
I have many issues with this ordinance as it is purposed...
  1. It attempts to enact laws currently enacted by the State. 
  2. It attempts to remove due process of law. (The ordinance will give total control over these issues to the County Administrator. The County Administrator will become accuser, enforcement and judge.  The property owner will have no legal recourse in which to oppose the ruling by the county administrator.  The property owner will not get his/her day in court before a judge.)
  3. It gives the County Administrator power that once was only given to the Virginia Health Dept. (The Admin will now have the power to deem if  a property is a health hazard.  Prior to this ordinance, this was the Health Depts. job.  I would even go so far as to say that County Admin is not trained or even knows the Virginia Health Depts. code.)
  4. The language used to describe what would constitute a health and safety hazard. (We must remember that this ordinance is about PRIVATELY OWNED property.  How can a residence/building become a health or safety hazard to the citizens of Mathews?  I guess it could be if we were to violate the property owners rights and trespass on his/her property.)
As stated before, this ordinance is aimed at the land owner across from Liberty Square.  The County has been after that individual for years and just recently took the issue to court.  The Judge rendered his verdict on the case and the Board of Supervisors and Zoning Dept were not happy with that verdict. So, they have now conspired to circumvent the Judge, by removing judicial review from the issue.  This ordinance not only circumvents the Judge, but also the Virginia Health Dept and Virginia's Sheriffs and State Police.  It attempts to replace these legal entities with one person ... the County Administrator.
The entire ordinance can be found @ http://insidethecrater.com/ 
Read it for yourself and then consider the loss of property rights and consider how this ordinance is to be used and why it is even being considered.   I do not support it and actually I find it a very offensive act of our local government to be even considering it.  It certainly does show our local government's disdain for judicial review of the actions it wishes to take against if own citizens.  I suggest that any and all who oppose this ordinance be at the meeting on Oct 23 at 7:00 pm  at the historic Court House and voice your concerns and displeasure with this purposed ordinance.

1 comment:

  1. Thank you for writing this article. I agree with you 100%. Today I saw the poor elderly fellow that lives across from Liberty Square standing in his yard. This is the second time in more than 25 years that I have seen this person. He may need some help, but why bother this fellow. I know of NO harm he does to others. Our BOS Chairwoman has expressed her complete distaste about his home and yard at meetings I have attended in the past. One BOS mtg and on MPPDC mtg. Mathews County is not an upscale Beltway neighborhoon that our BOS Chairwoman is obviously so familiar with, since she is orginally from the Washington DC area and so proud of it. I wish she would go back from where she came.

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