County says no camping on your own land !!

[timster2]

Find out where the town supervisors live and do a drive by noting any and all violations present on their properties. Take pictures of their violations and any of their immediate neighbors. Bring the list and photos to the next town board meeting and in the spirit of cleaning up the neighborhood insist that all those violations be addressed as well. Once submitted at the town board meeting it cant be ignored or pushed aside. Insist on compliance by all towns residents rather than selected enforcement.

This method worked for a friend of mine against his HOA. They complained about his trash can being visible from the road. He walked through the neighborhood taking pictures and noting all the violations that were ignored. He went to the HOA office and submitted the list and kept inspecting the errant properties. Those neighbors in violation were in an uproar but it worked.

 

[buckeyefarmer]

Thanks, Dan, for some well-thought out suggestions there. The problem with my county, is when I suggested some of the things you list, they just slammed them as being "more work monitoring camping all over this rural county and we don't have the time or personnel to run around keeping track of who stayed where how many days, or who didn't clean up their trash, or yada yada." I had no answer for that. For instance, I said they could find out if I was "living" anywhere with a power cord attached, by pulling the meter reading for the last three months (it was on a seperate meter account) and see that we used almost no power, but they said that was expecting too much. They had an excuse for everything.

real simple answer, "You got the time and personnel to nose around private property to see if someone is sleeping in a camper on their own land".

 

[crazyal]

I'd just throw a giant tarp over the RV and call it a tent.

 

[weedpharma]

I have an onsite caravan and visit every fortnight - have done for 20+ years. I also have a 9m x 6m carport and double garage. The only permit I have needed is is for the garage. Power is solar, water is from a tank. Dunny is a hole in the ground composting toilet. No trouble from the council or neighbours who are well aware I am camping.

A couple of times a year there are 12 - 20 "rent-a-crowd" camping on the place.

The council may not be aware but I have spoken to them and it is only illegal to live on site without a proper house.

This is in sth west Australia.

Weedpharma

 

[Midniteoyl]

This is true. Our tax money is used to support their bad behaviour, AGAINST us tax payers, and if they lose, they still keep the job. The previous poster said they need a warrant to "visit" my camper for compliance inspection. According to my friend, the sheriff, that is NOT true, as much as I hate it. I figure a LEO or fireman, coming on my property for a bonafide emergency, to save life and limb is one thing. Trespassing on my ground for THIS CRAP is uncalled for, and I suspect unconstitutional, but IANAL. Any lawyers out there? In my case, the inspector came on my place THREE times, all while I was at work (so I can pay his stupid salary in taxes!), even after I said I did not want him on my place, and the Posted sign was right there at the head of the driveway. At the board meeting I brought this up, and the big boss said the policy is they will make an attempt to reach the landowner first, but it was clear they did not do this in my case, and they did not dispute my accusation, but none of the commissioners made any further comment to demand to know why they BROKE county policy in this regard. I've had the same phone number (in the phone book) since 1988, and a answering machine which is never turned off---no messages from them, ever.

It is NOT unconstitutional and has been tested several times. Warrants are only for your Residence and the area immediately around it (like 10 feet). The rest of the property is fair game for civil matters and compliance.

 

[aczlan]

It is NOT unconstitutional and has been tested several times. Warrants are only for your Residence and the area immediately around it (like 10 feet). The rest of the property is fair game for civil matters and compliance.

Depends on the state. CA (Chapter 1.11 PROPERTY INSPECTIONS AND ABATEMENT) and FL (Advisory Legal Opinion - Code enforcement, search of private property) appear to require a warrant if the owner does not give permission for them to enter (at least for a residential non-rental property).
Edit: also in Indiana: http://www.codepublishing.com/in/evansville/html/Evansville15/Evansville1515.html#15.15.050 and http://www.indy.gov/eGov/City/DMD/P...ances/Chap730-V Enforcement Remedies-2010.pdf
Both say that they can enter as long as they aren't forbidden, in which case, they need a warrant.


Aaron Z

 

[Midniteoyl]

(C) Right of Entry. The code official is authorized to enter occupied structures or premises at reasonable times to inspect subject to permission by the owner or the person in control of the premises and constitutional restrictions on unreasonable searches and seizures.

A code enforcement officer may, upon presentation of credentials identifying the code enforcement officer as a city employee, enter upon any affected property at any reasonable time to inspect the same or to perform any act or acts related to the performance of his or her enforcement duties, subject to the procedures below.

Which is what I said - They can enter your property. They need permission, or a warrant, to search your 'home', ie: 'Occupied Structures'

 

[dmccarty]

Thanks, Dan, for some well-thought out suggestions there. The problem with my county, is when I suggested some of the things you list, they just slammed them as being "more work monitoring camping all over this rural county and we don't have the time or personnel to run around keeping track of who stayed where how many days, or who didn't clean up their trash, or yada yada." I had no answer for that. For instance, I said they could find out if I was "living" anywhere with a power cord attached, by pulling the meter reading for the last three months (it was on a seperate meter account) and see that we used almost no power, but they said that was expecting too much. They had an excuse for everything.

The answer to those questions, is county does what it does now. Wait for a complaint and then send an inspector. They could somehow find the guy on your land so they can find others.

They will have excuses to prevent change because change requires them to do something. About the only real way to push them to change, is by having large numbers of people at county meeting demanding the change. Which is why the user groups affected by the ordinance have to get involved. This is not easy to accomplish that is for sure.

Later,
Dan

 

[aczlan]

Which is what I said - They can enter your property. They need permission, or a warrant, to search your 'home', ie: 'Occupied Structures'

(C) Right of Entry. The code official is authorized to enter occupied structures or premises at reasonable times to inspect subject to permission by the owner or the person in control of the premises and constitutional restrictions on unreasonable searches and seizures.

A code enforcement officer may, upon presentation of credentials identifying the code enforcement officer as a city employee, enter upon any affected property at any reasonable time to inspect the same or to perform any act or acts related to the performance of his or her enforcement duties, subject to the procedures below.

If you were to read the whole paragraph, you would find that a homeowner, tenant, etc CAN deny them access unless they have a warrant:

(C) Right of Entry. The code official is authorized to enter occupied structures or premises at reasonable times to inspect subject to permission by the owner or the person in control of the premises and constitutional restrictions on unreasonable searches and seizures. If a code official is denied entry to any building or the premises after a request is made, said code official may obtain an administrative search warrant or other authorization from a court of law to enter the premises and conduct the necessary and authorized search. Such search warrant shall be requested from a court upon the submission of any photographs obtained from public property or neighboring property, an affidavit supporting a reason to believe a violation exists of this Property Maintenance Code or the building code, and/or any other supporting evidence justifying the issuance of the search warrant in compliance with Fourth Amendment requirements. If an owner, tenant or other person in control of the property voluntarily allows entry into the property, no such warrant shall be necessary. The inspection shall be limited to areas and purposes authorized by the person in control of the premises or the administrative search warrant. This chapter shall not be construed to require or authorize inspections where there is no cause to believe a violation exists.

A code enforcement officer may, upon presentation of credentials identifying the code enforcement officer as a city employee, enter upon any affected property at any reasonable time to inspect the same or to perform any act or acts related to the performance of his or her enforcement duties, subject to the procedures below. Inspections may include or involve the taking of photographs, samples, measurements, surveys, or obtaining other physical evidence, and/or conferring with any person(s) present at the affected property or location, as permitted by law and consistent with legally recognized privacy rights. If a code enforcement officer has reasonable cause to believe that a condition exists that poses an imminent or immediate threat of harm to persons or property, or to public health, welfare or safety, the code enforcement officer may enter the affected property or location without prior notification to the owner or occupant, subject to privacy and personal property rights and any other applicable provisions of law, including the state and federal constitutions. In all other cases, a code enforcement officer shall give the owner and/or occupant, if the same can be located after reasonable effort, reasonable notice of a request for consent to enter the affected property for purposes of conducting an inspection. If an owner or occupant refuses entry after a request for entry has been properly made or the owner or occupant cannot be located after reasonable effort, the code enforcement officer shall seek an inspection warrant from a court of competent jurisdiction, and the costs of obtaining the inspection warrant shall be included as costs of abatement. (Ord. 659-2008 ｧ 2 (part), 2008)

Aaron Z

 

[cletus99]

This is crazy. Never heard of such around here. There must not be zoning laws like that here in South Georgia, or they're not enforced. Because I believe every hunting club around here has a camper on the property for hunters to camp in during hunting season. A buddy of mine is in a hunting lease on 100 something acres and he has an old camper he leaves out there to camp in all the time.