Remember Title 5? Remember how sneaky the Kitsap County government tried to be in attempting to attack your property rights? Remember that the Kitsap Patriots Tea Party, Kitsap Alliance of Property Owners (KAPO), and the Kitsap Realtors Association defeated Title 5? Well … it’s back … in the form of Title 2.
We made a flash announcement on Facebook that KAPO was holding an important townhall meeting on October 1st discussing administrative law and Title 2. KAPO has since provided an analysis of the proposed change to the county code on their website:
“County Code Compliance Revisions (10/04/2015)”
The following is a brief snapshot of why it’s important to you (paraphrased from the KAPO article):
- Warrantless Searches: In violation of the U.S. Constitution and the Washington Constitution, county officials could inspect your property without a warrant.
- Guilty Until Proven Innocent: You could be forced to admit guilt, waive right of appeal, and must prove your innocence.
- Administrative Law Judge: Rather than getting to state your case to a neutral judge, you would now have to defend yourself in front of a “judge” who is also your accuser.
- No Grandfathering: Property satisfying code yesterday would no longer be exempt from future code changes.
Here’s a possible scenario:
Your family constructed a building decades ago. Then, one day, Kitsap County decides to change the building code. A DCD inspector then wanders onto your property (without a warrant) and cites you for failing to comply with the new code. You are forced to sign a form saying you’re guilty and you waive right of appeal. You are then hauled before the same DCD inspector (or his/her boss or fellow DCD official) where you are declared guilty, because you cannot adequately prove your innocence to the person who accused you.
Stay tuned to our website & social media and the KAPO website for status updates and calls for you to take action to stop this (e.g. contacting the Kitsap County Commissioners).
[Hat-Tip to the Kitsap Alliance of Property Owners for the great research and alerting the community!]