PROPERTY RIGHTS DON'T COUNT IN NORTH PERTH

WITHOUT PREJUDICE
MARCH 17, 2012
FOR COUNCIL MARCH 19, 2012
TO THE COUNCIL OF THE MUNICIPALITY OF NORTH PERTH
RE: BY-LAW 32-3012
PLEASE BE ADVISED THAT I AM TOTALLY AGAINST THIS BY- LAW WHICH GIVES MUNICIPAL EMPLOYEES , MUNICIPAL BY LAW OFFICERS AND MUNICIPAL BUILDING INSPECTORS THE RIGHT TO ENTER ONTO PRIVATE PROPERTY. THE MUNICIPALITY IS STRETCHING IT'S AUTHORITY AND REALLY HAS NO AUTHOURITY TO PASS THIS BY LAW. THE RIGHT OF ENTRY UNDER THE PROPERTY STANDARDS LAW THROUGH THE BUILDING CODE IS TO PROTECT THE RIGHTS OF PROPERTY OWNERS AND THE MUNICIPALITY HAS NO RIGHT TO TAKE THAT AWAY. YOUR MUNICIPALITY ALREADY GOES AGAINST THIS RULE OF LAW AND HAS TRESPASSED ON MY PROPERTY MANY TIMES.
"THE ADOPTION OF THE SAID BY LAW WILL RELIEVE THE MUNICIPALITY FROM HARM AND LIABILITY"
AS A MUNICIPALITY YOU ARE RESPONSIBLE FOR THE ACTIONS OF YOUR EMPLOYEES AND YOU ARE JOINT AND SEVERABILY LIABLE FOR ANY OF THEIR ACTIONS WHILE WORKING FOR THE MUNICIPALITY. THIS IS NOT A LEGAL BY LAW THAT THE MUNICIPALITY CAN PASS OR LEGALLY ENFORCE AS IT INFRINGES ON PEOPLES RIGHTS TO THE QUIET ENJOYMENT OF THIER PROPERTY. THE COUNCIL OF THE MUNICIPALITY OF NORTH PERTH NEEDS TO DUE FURTHER RESEARCH ON THIS ISSUE AND DUE DILIGENCE BEFORE THIS BY LAW IS PASSED. MY COMPLAINT AGAINST THIS BY LAW IS TO BE GIVEN TO COUNCIL FOR CONSIDERATION FOR MONDAY MARCH 19 2012.
SHERRIE MCTAGGART

EXCERPTS FROM THE BY LAW THAT SHOULD MAKE EVERYONE QUESTION WHAT IS GOING ON IN NORTH PERTH AND WHO WANTED THIS BY-LAW AND WHY ?????
" A right of entry By-law allows for an officer/employee to enter onto private property for the purpose of inspection or collection of information. This By-law will blanket all municipal By-laws that have been adopted under the Municipal Act for example pools, sewer use By-law or control of dogs. This By-law is different from our Property Standards By-law and it's right of Entry. Right of Entry is only granted for Property Standards under the Building Code Act and only concerns that specific By-law. Without this By-law the municipality may be liable to tresspassing with the possbility of employees and officers being charged. The adoption of the said by-law will relieve the Municipality from harm and liabilty"
SOME of the highlights that again should concern North Perth residents.
Maximum fine for obstructing an employee of North Perth to follow this By-law is $100,000.00. Excessive I think.
"Officer" means a By-law Enforcement Office, Police Officer, Chief Fire Official or designate. Animal Control Officer, or all Municipality of North Perth employees including any agents or contractors working on behalf of the Municipality authorised by council to enforce a provision(s) of any Municipality of North Perth By-law, provincial satute or federal statute."
INSPECTION POWERS
FOR THE PURPOSE OF AN INSPECTION, AN OFFICER MAY:
- require the production for inspection of documents or things relevant to the inspection
-inspect and remove documents or things relevant to the inspection for the purpose of making copies
-require information from any person concerning a matter related to the inspection; and
-alone or in conjuction with a person possessing special or expert knowledge, make examination or take tests, samples or photographs necessary for the purpose of the inspection.
NO PERSON SHALL OBSTRUCT OR ATTEMPT TO OBSTRUCT ANY OFFICER OR OTHER PERSON WHO IS EXERCISING A POWER OR PERFORMING A DUTY UNDER THIS BY-LAW OR ANY OTHER MUNICIPALITY OF NORTH PERTH BY-LAW. Remember if you do you face a maximum fine of $100,000.00
ACTION ON MY COMPLAINT FROM THE COUNCIL MEETING LAST NIGHT
AS QUOTED FROM THE TOWN CLERK TODAY IN AN EMAIL
"THE BY-LAW WAS DISCUSSED IN GREAT LENGTH LAST EVENING. COUNCIL DID NOT PROCEED WITH THE BY-LAW AS PRESENTED.
COMMENTS OR QUESTION ARE ENCOURAGED