Author’s Note: The following is a critical analysis of Benewah County Ordinance #2013-135 originally drafted by who is now the County Prosecutor and was adopted by the County Commission in December, 2013. This investigation and analysis is ongoing.
Abstract
Essentially, the Ordinance is unenforceable because it lacks statutory authority. Not only does it fail to cite any statutory support in its particulars, a review of pertinent Idaho Statutes does not yield any fruitful application. In a very real sense, this is an act of usurpation which has been foisted upon the citizenry by weight of official intimidation and ignorance.
- In its opening paragraph, it fails to cite its statutory authority [a failure to “cite” usually indicates uncertainty as to its source of authority. The respective governing body is relying upon its stature, the threat of intimidation, and an ignorant citizenry to “bully” the people into submission. Most people are unwilling to bear the costs of litigation to expose the fraud of an offending government body which enjoys by comparison unlimited legal resources]
- The Ordinance ratifies an alien law system and imposes its rule on the County without citing statutory authority [in citing various “international” codes, it becomes the unconstitutional ratification of treaties which conspire against the freedoms of the American people. Many of these codes find their source in various adjuncts to the United Nations which represents the influence of foreign powers. These codes try to impose building standards which deprive the people of their personal autonomy over their property, as guaranteed by the Constitution]
- The Ordinance imposes criminal penalties without citing statutory authority [it is unconstitutionally vague and grants the County Prosecutor unbridled authority to selectively enforce the Code and persecute the private property owner. It is also odious in its invitation to private citizens to enforce the Code upon their own vigilance, absent the proper and lawful issuance of a “Complaint,” a “Warrant,” and enforcement by the County Sheriff]
- The Ordinance fails to define its scope of authority (to wit, public works and the building professions)[Idaho Statutes pertaining to local building codes do not empower local governing bodies to act upon land owners exercising their property rights. Their scope of jurisdiction is limited to public works and the state regulation of the building professions. A permitting process is allowed to local governing bodies to regulate those professions]
- The Ordinance requires compliance by land owners who might live in the unincorporated areas of the County [property owners in unincorporated areas of the county are not subject to the municipal power. The authority of a City Council or County Commission is limited to “the commons.” The land belonging to private persons does not lie within “the commons”]
- The Ordinance requires a “permit of occupancy” to be issued before an owner may inhabit a domicile [of the three indicia required to define “property rights” – the absence any of which can be fatal to title – “the right of possession” is essential. A “permit” of occupancy implies the power to “deny” occupancy; which on its face is a denial of the right to property]
- The Ordinance imposes arbitrary minimum standards which reflect an ideological agenda, rather than one of genuine concern for public safety [building codes of recent decades are designed to fight “global warming” and represent faulty science. They also have created a “captured market” for companies which manufacture “green” technology to enhance corporate profits]
(More to come)