In this Short Article I will attempt to pass on a few points of interest relevant to Local Building Permits.
Inasmuch as a contract consists of three points (Offer, Acceptance & Consideration), it is clear that a building permit is a contract. Thus it should always be remembered that when you sign your name to a contract it becomes binding and for want of a better term; “You belong!” So you must always ask for full disclosure of your permit (contract). If you were denied full disclosure, it would appear as if your local government is perpetrating a fraud. Don’t sign without that “full disclosure”! Always keep in mind that when you sign for the permit you are giving the local government full control over your property. Keep in mind that they wrote the rules governing permits.
In your full disclosure request, ask your local representative for the legal documents that allow them to supercede and bypass 42 USC 1982; and/or 42 USC 1441. Research shows that government officials must have a monetary or proprietary interest in your real or personal property in order to have jurisdiction over it. Please remember that real property is that which is intangible; (your land or dirt) while personal property is that which can be moved, carried or is tangible; such as your house, car, etc.; 42 USC 1983, protects both kinds of property.
In any event, if you have singed a permit application and they have not tendered you a full disclosure, you may have a legal action for fraud.
If you find any wording in the contract you do not agree with, ask for a straightedge and draw a single line through the letters or words you wish to exclude. Initial and date the corresponding side of the page. If the other party signs, it’s a done deal. What you have drawn a line through shows your rejection of that portion of the contract and as such, that portion is invalid and no longer part of the agreement. Don’t try and block out the words. A simple straight line is sufficient. Government officials are charged with the knowledge of their own rules and are supposed to know the law pertaining to their governmental functions.
All of the above may be worth looking into. After all, the same government officials have most likely threatened you with jail and/or fines if you did not sign. Remember that you only signed the application for the permit. The infractions were then carried forth through verbal allegations of violations.
In closing, it is important to remember that they are not entitled to qualified immunity from liability by asserting a good faith claim relevant to the acts of municipal officials as a defense to a 42 USC 1983 Violation. See, Owen v City of Independence, Missouri, 445 US 622 (1980).