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Burnsville Man Arrested, Jailed for Siding Code Violation ( MN )
KSTP-TV ^ | 03/17/2012 | Jennie Olson

Posted on 03/20/2012 8:59:56 AM PDT by george76

A Burnsville man on his way to work was arrested and thrown in jail without bond, and then subjected to electronic home monitoring.

But it wasn’t for drugs or a DWI or some other major crime.

Burnsville city leaders say Mitch Faber’s dealings with the law all stem from his failure to properly put up siding on his house.

Yep, siding.

Faber says he had every intention of completing the stucco and decorative rock project on his home but he ran into money troubles when the economy soured. Burnsville leaders say they had no choice to enforce the law.

...

The Fabers point to what they call far more glaring code violations outside other houses in their neighborhood. They’d like to know why they were targeted and others weren’t.

“It’s selective enforcement,” said Jean.

Most importantly, though, the Fabers say Burnsville made a mockery of an otherwise law-abiding man.

Asked Mitch, “What did you accomplish other than wasting the city's money, the county's money, our money, and then all the mental and emotional anguish? What did you accomplish?”

(Excerpt) Read more at kstp.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; US: Minnesota
KEYWORDS: corruption
Navigation: use the links below to view more comments.
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1 posted on 03/20/2012 9:00:00 AM PDT by george76
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To: george76

That’s just sick!


2 posted on 03/20/2012 9:02:25 AM PDT by TribalPrincess2U (Anyone not wanting an ID or purple thumb to vote isn't worthy of voting privilege.)
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To: george76

This is ridiculous! Not putting siding on a house is not an offense that merits jail time. The ABSOLUTE WORST CASE SCENARIO should be that the city have the siding put on and tack the charges onto the property owner’s taxes. Though, even that solution seems too heavy-handed. That city government is totally out of control. I hope it’s residents make some noise about this.


3 posted on 03/20/2012 9:03:57 AM PDT by MNGal
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To: george76

I’ll add this place to my list of places to avoid...


4 posted on 03/20/2012 9:05:26 AM PDT by varmintman
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To: george76
Faber says he had every intention of completing the stucco and decorative rock project on his home but he ran into money troubles when the economy soured.

He's a moron starting a "decorative" project that he didn't already have the money to finish. You don't decorate a home with money you can't afford to do without. Still local law enforcement (which probably got a call from his HOA) is equally stupid. Burnsville does not look like an area with a lot of logical thought taking place.

5 posted on 03/20/2012 9:05:55 AM PDT by Pollster1 (Natural born citizen of the USA, with the birth certificate to prove it)
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To: MNGal
Though, even that solution seems too heavy-handed. That city government is totally out of control.

Please watch your tone citizen. This is being done for his own good.

6 posted on 03/20/2012 9:08:10 AM PDT by Drill Thrawl (Brass, copper, lead. The new precious metals.)
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To: MNGal

Go to jail for no siding; shoot and kill a kid in “self-defense”, and walk free.


7 posted on 03/20/2012 9:08:58 AM PDT by Rennes Templar
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To: george76

People should also read this: (the city of Burnsville’s response)... http://kstp.com/article/stories/s2544340.shtml


8 posted on 03/20/2012 9:09:30 AM PDT by jurroppi1
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To: george76

Power goes right to the heads of some people, especially liberals. They cannot abide, even in common conversation, people that do not think exactly as they do...and when given a position of power they become tyrants in order to force others to do what they want. Just this morning I read a story about a woman who planted a flower bed in front of her townhouse. The homeowners association hit her with daily fines that are so high they will likely foreclose on her and take her home.

This man should run for the job of whatever tyrant started the legal action leading to his arrest, and use what happened to him as reason number one to throw the bum out.


9 posted on 03/20/2012 9:11:06 AM PDT by LostInBayport (When there are more people riding in the cart than there are pulling it, the cart stops moving...)
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To: MNGal

A bench warrant was issued because he did not abide by a judge’s ruling to report back to court if he didn’t meet a deadline (which he indeed missed). The city tried for 4 years to get him to make the needed repairs to get his home up to code. I’d imagine if my 700K house was next to his it might just make me a bit upset to see that eyesore for that long...


10 posted on 03/20/2012 9:12:49 AM PDT by jurroppi1
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To: Drill Thrawl
Though, even that solution seems too heavy-handed. That city government is totally out of control.

Please watch your tone citizen. This is being done for his own good.

Actually that should be for the "Greater good of society". I shall renounce myself to the Ministry of Truth immediately.

11 posted on 03/20/2012 9:13:17 AM PDT by Drill Thrawl (Brass, copper, lead. The new precious metals.)
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To: george76

There is another article on the sidebar of your link...a response from the City of Burnsville. Some interesting information contained therein.

http://kstp.com/article/stories/s2544340.shtml


12 posted on 03/20/2012 9:13:29 AM PDT by SZonian (Throwing our allegiances to political party's in the long run gave away our liberty.)
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To: george76

MORE The City of Burnsville is responding after receiving several calls in response to a story KSTP reported Saturday night about a Burnsville man arrested after failing to complete his home siding.

Mitch Faber was arrested on his way to work and thrown in jail without bond, then subjected to electronic home monitoring after city leaders say he failed to comply with multiple requests over several years to complete the siding on his home.

Click here to watch the entire story.

Monday, the City of Burnsville, which initially refused an on-camera interview request, released this statement on its Facebook page.

“It is evident that there is great interest in the situation regarding a Burnsville man and his property maintenance issues, as were reported on KSTP over the weekend. The story did raise some questions that deserve clarification.

The City agrees that it is extremely unfortunate that this situation escalated to the point that it did. Typically, the City resolves property maintenance issues by working with homeowners. Of the more than 1,000 property maintenance cases the City deals with annually, less than five percent (5%) escalate to the point of a citation. This case is very unusual in that the situation was not remedied after repeated requests by the City.

In this instance, the City received multiple complaints from residents regarding the condition of the property in question – and spent nearly four years (between 2007 and 2010) asking for the homeowner’s compliance. The City wrote multiple letters and offered multiple extensions for the work to be completed. In the end, the City felt it had no choice but to issue a citation to the homeowner.

Once the citation was issued, the case entered the legal process. In 2010, the homeowner appeared in court and plead guilty to his property maintenance violations. At this court appearance, the District Judge assigned to the case ordered that the work was to be completed by a specified date. The judge also ordered that – if the deadline was missed – the homeowner was to report to the court to begin serving a 30-day jail sentence.

The court-appointed deadline came and went, and City inspectors noted that the home was still in violation of City Code. Once the District Judge learned that the work was not complete by the court-appointed deadline – and because the homeowner failed to return to court as was required by the Judge – the Judge issued a warrant for the homeowner’s arrest.

Neither the City, nor any representative of the City or its Police Department at any time proactively sought out the homeowner to “apprehend” him for this violation. As City officials understand it, many weeks later the homeowner was part of a routine traffic stop — at which time the officer became aware of the homeowner’s outstanding warrant.

The City of Burnsville understands that safe and enjoyable neighborhoods are keys to the City’s success, and works hard to partner with residents to achieve that goal. Code enforcement is an important part of making sure all neighbors can take pride in their neighborhoods. It is unfortunate that this situation could not be resolved in typical fashion.”

http://kstp.com/article/stories/s2544340.shtml


13 posted on 03/20/2012 9:14:19 AM PDT by anglian
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To: george76

Elizabeth B. Kautz is the mayor. Looks like a Democrat to me.

http://www.ci.burnsville.mn.us/index.aspx?NID=103

Yep. Here she is, one of the lead mayor pushing for a “nation jobs agenda” with Pelosi and company. Warning, pdf file:

http://www.usmayors.org/usmayornewspaper/documents/06_13_11/061311USMayor.pdf


14 posted on 03/20/2012 9:15:05 AM PDT by Cicero (Marcus Tullius)
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To: Cicero

Well, I should have read that first one more carefully. She is the PRESIDENT of the U.S. Conference of Mayors!


15 posted on 03/20/2012 9:17:21 AM PDT by Cicero (Marcus Tullius)
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To: Pollster1
He's a moron starting a "decorative" project that he didn't already have the money to finish. You don't decorate a home with money you can't afford to do without
Yea, that alone should be worth a couple of days in jail. It's always nice to see someone who knows all about everyone elses personal lives and how stupid they are compared to you.
16 posted on 03/20/2012 9:22:08 AM PDT by lewislynn ( What does the global warming movement and the Fairtax movement have in commom? Misinformation)
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To: george76

The article doesn’t say what is going to happen next. He has been released, but is on electronic monitoring. Is he still going to trial? Will the city complete the work and bill him, etc. The reporter didn’t finish their job.


17 posted on 03/20/2012 9:23:43 AM PDT by Truth29
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To: jurroppi1

” I’d imagine if my 700K house was next to his it might just make me a bit upset to see that eyesore for that long...”

Yes, I’d be upset, also. However, I still contend that there was a better (and more productive) way to gain compliance than tossing the guy in jail. Also, if it was this important to warrant jail time, why in the heck did the city haggle with this guy for 4 years to actually do something? How much of the city’s $$ did they waste with enforcement actions/legal assistance?


18 posted on 03/20/2012 9:23:50 AM PDT by MNGal
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To: Pollster1

He’s a moron starting a “decorative” project that he didn’t already have the money to finish.

Yeah, like buying a home that you don’t already have money to finish paying for. It’s nobody’s business but his own.


19 posted on 03/20/2012 9:24:05 AM PDT by freedomfiter2 (Brutal acts of commission and yawning acts of omission both strengthen the hand of the devil.)
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To: george76
Property rights mean nothing. What you want to do to your house is not your business. It is your neighbor's business. It is my business. It is government's business. Certainly it is not the homeowner's business.

Government is a stick with which some people can be punished. Don't get on the wrong side of a government official. There are all kinds of rules and regulations they can choose to use to make your life miserable. You are a peasant, and don't forget it.

Government is a massive slush fund through which some people can be rewarded. If you have friends in government, or relatives in government, good things are likely to come your way. Opportunities will open up. Laws can be waived. If the government likes you, your life will be pretty smooth sailing no matter what you do.

Seriously:
The Founders gave us Limited Government for a reason. When government becomes powerful, bad things happen, and basic rights are trampled.

20 posted on 03/20/2012 9:25:19 AM PDT by ClearCase_guy ("And the public gets what the public wants" -- The Jam)
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To: jurroppi1

You are part of the problem.All the people demanding others maintain property in a manner acceptable to the complainer ,at the core ,are petty tyrants themselves,excepting only when the property is a real and actual hazard to health and safety due to harboring of disease,rats,Democrat politicians, or similar hazards.
It is a source of irritation to me that so many “freedom-loving” Americans actually in their hearts simply want to be the petty tyrant dictating what kind of home other people may live in,what color it should be,how many windows,what kind of roof,what and how many cars,and an enormous number of “dod and don’ts” all put into place at the behest or approval of these fearing “lower property values”.


21 posted on 03/20/2012 9:27:08 AM PDT by hoosierham (Freedom isn't free)
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To: jurroppi1
I’d imagine if my 700K house was next to his it might just make me a bit upset to see that eyesore for that long...

Would it make you upset enough to support the issuance of an arrest warrant for this individual, for a goddamn code violation?

Absurd and Tyrannical.

22 posted on 03/20/2012 9:28:16 AM PDT by sargon (I don't like the sound of these "boncentration bamps")
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To: anglian
So it appears that the man was not arrested and jailed for failing to apply siding to his home.

He was arrested and jailed for failure to appear in court as so ordered by the court.

Thumb your nose if you like but there will be consequences.

23 posted on 03/20/2012 9:30:16 AM PDT by Bloody Sam Roberts (I will not comply. I will NEVER submit.)
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To: george76
The man's neighbors and city have been trying to get them to do something with their piece of crap home since 2007 it says in the video.

The man did not show up for his court date.

Miss a court date, get a warrant.

If this was my neighbors house, I'd be raising hell too.

24 posted on 03/20/2012 9:34:46 AM PDT by TexasCajun
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To: george76

Selective enforcement indeed. Why arrest the male Faber and not his wife?


25 posted on 03/20/2012 9:34:57 AM PDT by newbolt
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To: george76

This is a polarizing subject among Freepers.

I’m sure some of us have a project car in our driveway or yard that is an eyesore to others.

In some parts of the country, many homes are in wooded locations; where these kinds of activities have little visibility. I can sympathize with the “leave me alone” crowd.

In many parts of the country, your yard is your neighbor’s yard; your siding is your neighbor’s view. I can see why it is objectionable. Lots are small, tall vegetation does not exist.

If this guy failed to appear in court, I can see why he’s in jail.


26 posted on 03/20/2012 9:36:25 AM PDT by cicero2k
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To: TribalPrincess2U
I suggest go watching the video.

The couple's neigbhbors have been trying to get something done since 2007.

Go see the pictures of the house in the video.

The neighbors are the ones that are sick of this eye-sore!

The man missed his court date and a warrant was issued.

27 posted on 03/20/2012 9:37:33 AM PDT by TexasCajun
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To: george76

Misleading headline alert! The homeowner was jailed for disobeying a court order. The order did trace back to the code violation but he had his day in court on the violation and plead guilty. He then failed to comply with the sentencing requirements.


28 posted on 03/20/2012 9:37:33 AM PDT by NonValueAdded (Limbaugh: Tim Tebow miracle: "He had atheists praying to God that he would lose.")
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To: LostInBayport
Go read the whole story and watch the video.

Been ongoing since 2007.

The man missed his court date. Anyone that misses a court date can expect a warrant.

What is this house was next to your 250-300K house?

29 posted on 03/20/2012 9:39:58 AM PDT by TexasCajun
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To: varmintman
I’ll add this place to my list of places to avoid...

Especially for southerners. If they can be that stupid about siding, can you imagine what they would do with a 4 wheel drive pick up truck with a rifle on the rack? That's a town in desperate of a new/intelligent town leader.

30 posted on 03/20/2012 9:40:08 AM PDT by Bitsy
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To: Bitsy
Go watch the video and see what the neighbors have put up with since 2007.

The man missed his court date, a warrant was issued.

Watch the video and then tell us how you'd like this house next to yours. ...since 2007.

31 posted on 03/20/2012 9:43:32 AM PDT by TexasCajun
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To: NonValueAdded
If Freepers would take a little time to go to the link and watch the video, their misplaced sympathy would evaporate.

I feel sorry for the couples neighbors, not them.

32 posted on 03/20/2012 9:45:40 AM PDT by TexasCajun
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To: Pollster1

You should pack your things and head there were you will fit in nicely. I guess you have never had finacial difficulties, or you wouldn’t be so judgemental of an other’s plight-—an elitist statement to a man’s troubles; not so kind at best, and at worse, a heathenistic attitude for condeming an idividual for not having money.


33 posted on 03/20/2012 9:47:15 AM PDT by Joshua Marcus
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To: Bloody Sam Roberts; TexasCajun
He was arrested and jailed for failure to appear in court as so ordered by the court.

The man did not show up for his court date.

Reading post #13 (http://kstp.com/article/stories/s2544340.shtml:

...At this court appearance, the District Judge assigned to the case ordered that the work was to be completed by a specified date. The judge also ordered that – if the deadline was missed – the homeowner was to report to the court to begin serving a 30-day jail sentence...

The judge was going to throw him in the slammer, regardless of whether he met or missed his court date.

Nice.

34 posted on 03/20/2012 9:51:44 AM PDT by Ol' Dan Tucker (People should not be afraid of the government. Government should be afraid of the people)
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To: george76
The bureaucrats should read the story of Carl Drega and tread lightly. Eventually someone else will decide enough is enough.
35 posted on 03/20/2012 9:54:22 AM PDT by Jed Eckert
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To: george76
Apparently, the very concept of private property is dead in this country. You buy a house and you still have to pay rent to the government, ask their permission to do anything on your property, and if you don't something to your own property that they demand to be done, you get chucked in jail. And you know what the sickest thing is? Seeing so-called conservatives applauding this model.

If we don't have a revolution soon, then we are the biggest bunch of p@ssies that ever lived. We don't even deserve to be called Americans. We should change the name of the country to "New France" or possibly "Old Russia".
36 posted on 03/20/2012 10:02:56 AM PDT by fr_freak
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To: jurroppi1

This comment is from the property owner.

“Thank you for all the comments (good and bad!). Thanks to Mark Saxenmeyer and his staff for telling this bizarre story. Not sure if it got across, but this was a MAJOR renovation with a large addition. Not finishing the siding was like running 26 miles of a marathon, and being unable to complete the final 385 yards due to a blown Achilles’ heel. The siding was not completed due to catastrophic financial complications brought on by divorce and the the collapse of the housing economy. Ultimately, we finished the stucco siding nearly 2 weeks in advance of the date the court had given us. The jail/confinement time was because a small ribbon of finishing work between the stucco and the stone was not done to Burnsville’s satisfaction (something they failed to tell us). Our purpose in going public is so this never again happens to law-abiding, well-intentioned homeowners (BTW: the renovation increased the property value by well over $200,000). We sent personalized letters to the Mayor and each Council member in January and did not receive the courtesy of a reply.”

Having worked in city government before and seeing how code enforcement departments work I have no doubt that her version is correct. Also never use the number of complaints received about a property to determine if those complaints are valid. It can be a few people making multiple complaints. It can be a neighbor with a personal grudge.

The city most likely had other remedies beside wasting tax payer money by jailing this guy.


37 posted on 03/20/2012 10:03:15 AM PDT by lastchance ("Nisi credideritis, non intelligetis" St. Augustine)
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To: TexasCajun
If Freepers would take a little time to go to the link and watch the video, their misplaced sympathy would evaporate.

I watched the video. I still think the city code enforcement was heavy-handed.

38 posted on 03/20/2012 10:03:15 AM PDT by Ol' Dan Tucker (People should not be afraid of the government. Government should be afraid of the people)
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To: TexasCajun
If Freepers would take a little time to go to the link and watch the video, their misplaced sympathy would evaporate.

I just watched the video and I still can't believe that someone would be imprisoned for the ascetics of their personal property. There was no safety issue alleged or implied at any time. Fines are understandable, jail is insane.

I feel sorry for the couples neighbors, not them.

I do too. Anyone who thinks they should be able to control their neighbor's property to this extent under the threat of taking all their freedoms away are unworthy of life in a constitutional republic. These statist busy-bodies deserve to live in a dictatorship.

39 posted on 03/20/2012 10:05:44 AM PDT by Ronaldus Magnus
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To: george76

I watched the video and IMHO, the stucco job looked pretty good. But 2 days in jail, no bond, then house arrest over the opinion of a building inspector that his fix was not adequate? This was not right.

I realized he did miss a court date. You just don’t do that. Missing a court date that he wasn’t informed of was what got Randy Weaver’s son and wife gunned down (executed) in Idaho by heroic snipers of the federal government.


40 posted on 03/20/2012 10:08:14 AM PDT by A. Patriot (Have we lost our Republic? Do the majority of Americans care?)
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To: Pollster1

I hope OWS discovers your neighborhood.


41 posted on 03/20/2012 10:11:00 AM PDT by steve86 (Acerbic by nature not nurture TM)
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To: TexasCajun
The man's neighbors and city have been trying to get them to do something with their piece of crap home since 2007

Pure socialism. The man's neighbors apparently are reluctant to incur the cost of moving to a nicer neighborhood, so they want to transfer the extra cost to this guy. If you don't want to live next to him—don't!

The fact that he wouldn't show up for his court date is irrelevant. It was a court date over this absurd case.

42 posted on 03/20/2012 10:12:27 AM PDT by SamuraiScot
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To: Cicero

kautz is a republican.


43 posted on 03/20/2012 10:16:59 AM PDT by wtc911 (Amigo - you've been had.)
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To: Ronaldus Magnus
The man was jailed because he pleaded guilty in his case and the judge gave him x amount of time to remedy the situation and return to court.

The man did not do what he promised to do when he pleaded guilty & did not show up for his court date.

Maybe one day you'll have a neighbor from hell like this and you'll change your thinking when you and your neighbor's home value plummets even more.

44 posted on 03/20/2012 10:18:17 AM PDT by TexasCajun
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To: jurroppi1

Well worth reading.


45 posted on 03/20/2012 10:30:23 AM PDT by stormer
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To: george76
When I read stories like this I always harken back to Doug Adams quote from the HHGTTG books:
"A bunch of mindless jerks who will be the first against the wall when the revolution comes...

46 posted on 03/20/2012 10:33:14 AM PDT by Mad Dawgg (If you're going to deny my 1st Amendment rights then I must proceed to the 2nd one...)
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To: hoosierham

So I’m a petty tyrant for wanting someone to reconcile something that has a direct impact on my own property’s value (this would make it harder to sell my home if I were so inclined and was impacted by it). Bottom line, I would have to live under the same rules and regs. Why is it tyrannical to insist that anyone else similarly situated be treated any differently under the same law?

Read the main article and the one I linked in a previous post...

Also note, I said nothing about the color, kind, or type of home, nor the windows, number of cars, etc...

He entered into the situation willingly and didn’t plan well. Why should that be everyone else’s problem, when it was one of his own doing?

There are a good number of people on this thread that need to get their facts straight before going off all half cocked! The guy was arrested for not fulfilling his court ordered requirements that stemmed from a code violation, not simply because he didn’t “put siding on his house”. The article’s title is a misnomer.

The responses I’ve read thus far are by and large entirely feelings driven, not intellectually sound or well thought out. That seems odd for people that tout personal responsibility and a core belief...


47 posted on 03/20/2012 10:44:56 AM PDT by jurroppi1
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To: sargon

The arrest warrant wasn’t issued for the code violation, get your facts straight! The warrant was issued because the homeowner did not follow the order the court handed down. If he would have went to court and explained that he finished the work but could not get a response from the city inspector, then the judge would probably have allowed an extension or ordered the city to live up to their end of the bargain.


48 posted on 03/20/2012 10:49:41 AM PDT by jurroppi1
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To: TexasCajun
The man was jailed because he pleaded guilty in his case and the judge gave him x amount of time to remedy the situation and return to court.

No, as is clear from the video and from the home owner's statement in post #37, the stucco was finished weeks before the due date. He was clearly jailed as a punitive action for having taken too long to complete the project regardless of any due date. They used the excuse of a small ribbon of unfinished trim work to imprison him.

The man did not do what he promised to do when he pleaded guilty & did not show up for his court date.

No, the distinction is purely semantic. As post #34 explains, they were sending him to jail whether or not he showed up. Had other people not disapproved of the aesthetics of his private property, he would not have gone to jail.

Maybe one day you'll have a neighbor from hell like this and you'll change your thinking when you and your neighbor's home value plummets even more.

No, I don't think a neighbor with an ugly house would turn me into a raving liberal who would support imprisoning my neighbors because of unfinished siding. This was a municipal code violation, not a criminal proceeding. You should be ashamed of yourself for defending this. It is his property, not his neighbors. This wasn't even related to a Home Owner's Association he voluntarily entered into. This level of governmental brutality should shock and horrify anyone with even a modicum of conservatism in them. This was nothing more than an exercise of abusive and overreaching state power. Shame.

49 posted on 03/20/2012 1:14:55 PM PDT by Ronaldus Magnus
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To: george76

The only power any government has is the power of the gun!


50 posted on 03/20/2012 1:14:56 PM PDT by CSM
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