City claims I *need* to shovel my sidewalk

So the local city here is claiming that they can force me to shovel my sidewalk. I am rather busy (work 40 hours a week and own my own business that keeps me way busy beyond that, in addition to spending some time with my family, which I am not going to give up to go and shovel the sidewalk because some arbitrary city ordinance deems it necessary).

I got the notice on my door today:

NOTICE: [written address] "City ordinance requires that sidewalks be cleared of ice and snow within 24 hours after it has formed or fallen." (written text "2 snowfalls & you haven't cleared off public sidewalk". "Please correct this violation to avoid enforcement action." (written text I will return and it needs to be cleaned off.

City Code of ordinances, Section 48-35.

AND SO... This is rather ironic because I'm about to file a motion to dismiss on a speeding ticket (criminal poking along, 30 in a 25 zone) today. Really freaking ironic because I was about to buy a book titled "Go directly to jail" about how it has become nearly impossible to live without breaking some sort of law, and how we've all somehow become criminals over the last 40 years.

At any rate, I'm planning on making a call to the nice fellow who left that, although I'm not exactly sure what I'm going to say. It's going to have the basic meaning of "piss off", but in a few more words than that.

One note, I do not own the land in fee simple, there is a mortgage on it, although they don't know the difference.

First I am going to notify him that I am bothered by his inviting himself as a public official onto my private property (I found the note on my front door). I am planning on quoting the section of the city ordinance, then finding out which agency is in charge of enforcing that ordinance. I will point out if that agency does (or doesn't) allow for its employees ("officers" of a sort) to enforce that act, and ask him if he is an employee of that agency. If he isn't, it's easy, piss off, and I'll deal with the knucklehead who comes by next time.

If he is, I will ask him who owns the sidewalk. If he says I do, then I will say "well then I will go down to Home Depot, rent a small jackhammer, and begin tearing up the sidewalk because I do not want it". Then he will reply "you can't do that", (or in the first place, he will say the city owns it), to which I will reply "Then if the city wants THEIR sidewalk shoveled and cleared of ice, I suggest they hire some workers and purchase a few sidewalk plows, and plow it at THEIR expense. If they do not want to do it, then my sidewalk will remain unshoveled".

Eventually he'll start spouting bs or whatever, he most definitely won't listen, and will threaten me with a fine. At that point I will notify him that the state Administrative Procedures Act requires an agency hearing and final determination in all contested cases, and that if he attempts to impose a fine upon me, he is depriving me of life, liberty or property (in this case property), and he must proceed with an administrative hearing (which I must be notified of and be allowed to attend) or he is attempting to deprive me of property without due process of law in direct violation of the state constitution Article I - Section 17, in addition to the united States Constitution.

If he does proceed within the Constitutional framework and his agency holds an administrative hearing and properly follows the Administrative Procedures Act of 1969, commencing with Section 24.201 of the Michigan Constitution, then once they have filed their final agency determination in the case, I will contest the case and demand a judicial review of the case. In this case I plan to directly challenge the Constitutionality of the city ordinance, and would like him to know that there are multiple court cases upholding the rights of the property owner against government forcing them to comply with some sort of ordinance as it relates to their private property. (Ideally, and this is where you guys come in, I will cite multiple court cases from city courts, county appeals, state supreme courts, or even the united States supreme court, that hold my position that "you must shovel your sidewalk or else" ordinances are unconstitutional). So, do you guys have any experience in this area, or know of any court cases that can help me out?

[suijuris]

You are right, either you own it or they own it.

Either way, the property taxes you pay should used for snow removal services if they feel that their sidewalks need to be cleaned.

They will tell you it is not your right to tear out the sidewalk, but it is their right to force you to clean it for them. Involuntary servitude.

Idiots. Let them have it...

[weishaupt1776]

Originally Posted by Barwick

So, do you guys have any experience in this area, or know of any court cases that can help me out?

Yick Wo vs. Hopkins. Check the Sovereign thread in Miscellaneous.
Wynehamer vs. the People, also. Hale vs. Henkel.

They have to prove a duty was created. Is this a civil penalty or criminal penalty?

Send a request for production of documents

Please provide documents showing a contractual obligation to ......

Conclude w/ affidavit in support denying the points in your doc request.

Affiant denies a contract exists to do . . . .

give a 15 day default clause w/a separate 3 day notice of default opprtunity to cure.
Issue the Final default & conclusion at law that no such obligation exists.
File it in the "affidavit" category in your county recorder.
Send those bootlickers the recorded default.

Does it have a persons name on it?

If so, you may want to consider charging a "land use fee" for any "person" that crosses your property uninvited.

I'd say $20,000 a day would get the point across...

HB

I like your premise. You want to do this in writing. and Certified.

Evidence. Evidence. Evidence.

[weishaupt1776]

Don't forget the third Party Mailer! look in General discussion
Put the certified # on the letter. send them the copies, you keep the originals.
Notarize or have 2 witnesses sign, date and list their "adddress"
Or do it yourself w/a thumbprint.

If you can, get the persons name & send it restricted also, to where they sign for it.

This can backfire in that they may not be there and the Post office holds it till they come and sign for it & if they don't they send it back.
Happened to me ONCE.

...I have two feet of snow in the yard, with no sidewalk, and some deer walking around the horseshoe pit. Venison & Egg's for breakfast... Yum!

Sound's like Terri Land needs a FOIA to find out if this alleged employee has his/her foreign agent registration on file, especially for doing business as a quasi foreign corporation?

(((((Newaygo))))

Bah, I talked to the guy and he's not even the one in charge of enforcing it, the Police are. He's just "being a nice guy giving the notice". Whatever, we'll see what comes of it. My wife goes "fine, I'll go shovel it", and I'm like "no, you won't"... she's afraid to stand up to them.

Originally Posted by wargames102

...I have two feet of snow in the yard, with no sidewalk, and some deer walking around the horseshoe pit. Venison & Egg's for breakfast... Yum!

Sound's like Terri Land needs a FOIA to find out if this alleged employee has his/her foreign agent registration on file, especially for doing business as a quasi foreign corporation?

(((((Newaygo))))

Ya, I here alot of that, about the wife/husband fold's and give's in.

Pick & choose em' in the "Commerce Game."

Hey, atleast while she's out shoveling, you can stay inside and read and study more :O

Stay tuned... 3 to 4 inches of more fresh snow coming your way shortly.

Heck, might even see another ticket, or two? (grin)

[Raptor13x]

You do have the right to life, liberty, or property, but remember you also have the unlimited right to contract, and the one who owns the land has the rights, those who live on another man's land have long been known as "serfs" or "subjects". You are basically agreeing to abide by the king's rules by living on his land. My point is, if you dont have a perfected land patent on your property, you dont own your land, and until you do, you must abide by the "king's" ordinances. There may be things you can do to skirt the issue, but sooner or later if you want freedom to do as you wish on your property, you need to attack the heart of the matter.

btw, good to see you on here, theres a ton of great stuff. Its a mindset you get on this forum more than anything. You are king of your land. Might as well act like it

Good luck with this,
Jim

Originally Posted by wargames102

Hey, atleast while she's out shoveling, you can stay inside and read and study more :O(grin)

ROFL!!!!!


I love it.

Let her shovel. Keep Studying.

HB