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Do the police have the power to enforce civil law

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minimalist

Junior Member
I reside in a small rural town in north texas. I received a notice of code violation from the city yesterday stating that "PUBLIC HEALTH NUISANCE ALLOWING RUBBISH, BRUSH, OR AN OTHER UNSIGHLY, OBJECTABLE, OR UNSANITARY MATTER TO GROW OR ACCUNULATE ON ANY LOT WITHIN THE MUNICIPALITY". The lots in question are wooded and untouched. I confronted them and they are forcing all property owners to clear cut their lots under threat of a fine imposed if not completed within 10 days. I know 90 letters were sent out but they stated that 800-900 lots will be affected. The population is 1000 or so people that live in the city.

The issue I have is that the letter came from the city police department. I'm not sure that it is legal for them to handle code enforcement. I spoke with a police office who is also a code enforcement officer yesterday and am concerned that my protections would not exist within that particular role of the police officer responsible for criminal investigation also taking on the role as code officer responsible for the civil side. Would this not be a conflict of interest?

I also don't think they have the right to force me to destroy the state of my property for the reasons they stated. There is no evidence that my property has harmed anyone or has received any complaints.
 


Zigner

Senior Member, Non-Attorney
This is not a conflict of interest.

Beyond that, feel free to ask any further questions.
 

Mass_Shyster

Senior Member
Find a local tree-hugger organization and see if they can help (like the Sierra Club).

As to police enforcing civil law, most traffic violations are considered civil infractions rather than crimes.
 

justalayman

Senior Member
I also don't think they have the right to force me to destroy the state of my property for the reasons they stated. There is no evidence that my property has harmed anyone or has received any complaints.
apparently at it has received at least one complaint and that would be from the code enforcement officer.

In situations such as this, there needs be no complaint for them to enforce ordinances. If a review from the code enforcement officer deems it a violation, they issue a demand to cure. If you disagree with the claim of a violation, you are welcome to fight it in court.
 

Dillon

Senior Member
I reside in a small rural town in north texas. I received a notice of code violation from the city yesterday stating that "PUBLIC HEALTH NUISANCE ALLOWING RUBBISH, BRUSH, OR AN OTHER UNSIGHLY, OBJECTABLE, OR UNSANITARY MATTER TO GROW OR ACCUNULATE ON ANY LOT WITHIN THE MUNICIPALITY". The lots in question are wooded and untouched. I confronted them and they are forcing all property owners to clear cut their lots under threat of a fine imposed if not completed within 10 days. I know 90 letters were sent out but they stated that 800-900 lots will be affected. The population is 1000 or so people that live in the city.

The issue I have is that the letter came from the city police department. I'm not sure that it is legal for them to handle code enforcement. I spoke with a police office who is also a code enforcement officer yesterday and am concerned that my protections would not exist within that particular role of the police officer responsible for criminal investigation also taking on the role as code officer responsible for the civil side. Would this not be a conflict of interest?

I also don't think they have the right to force me to destroy the state of my property for the reasons they stated. There is no evidence that my property has harmed anyone or has received any complaints.


if me, id write back a SPECIAL RESTRICTED RESPONCE to their Notice and say, there is no involuntary servitude in the USA. (per 13th amendment to US constitution) so i charge $ 5000 for a lot clean up.

also i need a certified copy of the contract/agreement where i agreed to clean my own propety for you for free.

this contract/agreement must be sent to and recieved by me in 10 day if not recieved by me in 10 days you agree by your silence (or no proof sent on time) i am not under a perfect and absolute obligation to do as you desire.

thanks, dillon jones - i would sent it certified mail and all witnessed by a friend so they cant say they didnt recieve my letter.

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justalayman

Senior Member
if me, id write back by SPECIAL RESTRICTED RESPONCE to their Notice and say, there is no involuntary servitude in the USA. (per 13th amendment to US constitution) so i charge $ 5000 for a lot clean up.

also i need a certified copy of the contract/agreement where i agreed to clean my own propety for you for free.

this contract/agreement must be sent to and recieved by me in 10 day if not recieved by me in 10 days you agree by your silence i am not under a perfect and absolute obligation to do as you desire.

thanks, dillon jones

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why would the OP sign your name?

do you really believe this crap you spew or is it just trolling?
 

Dillon

Senior Member
why would the OP sign your name?

do you really believe this crap you spew or is it just trolling?
its works fine for me.

i ask for the civil contract, if no proof of contract is sent i win by estoppel.

no one can force me to work for them for free without my agreement.

did the op sign something
 

justalayman

Senior Member
its works fine for me.

i ask for the civil contract, if no proof of contract is sent i win by estoppel.

no one can force me to work for them for free without my agreement.

did the op sign something
as I said; do you really believe the ridiculously stupid advice you spew or are you merely trolling?

you are right though. They cannot force you to work. They can issue citations and sue the OP. In many areas they can actually hire people to go and clean the lot. Then they place the costs on the tax bill. If you don't pay it, they foreclose on the property and sell it at auction.

So, what do ya think? Clean the lots or lose the property?
 

Dillon

Senior Member
How much should I charge to shovel the snow in front of my house, that the courts have said I must shovel?
we are all equal under the law, Right?

if its actually my property and no else has a security interest in it, why not?

is it civil or criminal? Civil, Right.


did the op sign something in the real estate sales contract when he purchased the property?
 
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Proserpina

Senior Member
Huh???? .


Steve, you're so wonderful for trying to encourage Dillon to make at least even a modicum of sense. :)

But it's a bit like..well..it's a bit like explaining the Nash equilibrium to a goldfish and it actually understanding what you're talking about.

No offense, Dillon.

#waits while Dillon googles "Nash equilibrium"
 

Dillon

Senior Member
as I said; do you really believe the ridiculously stupid advice you spew or are you merely trolling?

you are right though. They cannot force you to work. They can issue citations and sue the OP. In many areas they can actually hire people to go and clean the lot. Then they place the costs on the tax bill. If you don't pay it, they foreclose on the property and sell it at auction.

So, what do ya think? Clean the lots or lose the property?
you dont understand the law, their notice is designed as a legal device to place me into their jurisdiction.

i conditionally agree upon proof of their claim/contract/agreement being sent to me.

a SPECIAL RESTRICTED RESPONCE on the Head of my notice to them means i am not granting them jurisdiction by negotiating.


like i said, it works fine for me.
 
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justalayman

Senior Member
you dont understand the law, their notice is designed as a legal device to place me into their jurisdiction.

i conditionally agree upon proof of their claim/contract/agreement being sent to me.

a SPECIAL RESTRICTED RESPONE on the Head of my notice to them means i am not granting them jurisdiction by negotiating.
so don't do the work. Then they issue citations, possibly sue, and possibly hire the work be done. Then when they place the fees on the tax bill, should you refuse to pay them, they wait the requisite time and foreclose on the property for unpaid taxes.

You don't have to negotiate. You don't have to say a word to them. They will be more than glad to foreclose on the property and throw you off while you stand in silence.

Your still not winning. You didn't have to do the work but you lose the property. Do you call that a win?
 

CdwJava

Senior Member
so don't do the work. Then they issue citations, possibly sue, and possibly hire the work be done. Then when they place the fees on the tax bill, should you refuse to pay them, they wait the requisite time and foreclose on the property for unpaid taxes.

You don't have to negotiate. You don't have to say a word to them. They will be more than glad to foreclose on the property and throw you off while you stand in silence.

Your still not winning. You didn't have to do the work but you lose the property. Do you call that a win?
In CA many jurisdictions have these abatement programs. They notice the property owners to make the corrections, if no correction is made or there is no response, they are often notified that the city will contract to clear the property and they (the property owner) will be billed. If no payment is received a lien is placed on the property. In my city we have a couple such properties.

Some owners scream when they find out the cost of our contractor, but, when they try to take it to court and the city presents the ordinance and the notices, the screamers tend to get shut down.

Dillon, as others have said, you can not reply or ask for a contract all you want. It won't work unless the ordinance is otherwise flawed.
 
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