Michael R. Franklin: Cease And Desist Order Pertaining To Access Of My Property

To the Editor,

The Town of Palermo Code Enforcement Officer Victor Francis has trespassed on my property knowingly walking past posted signs that revoked his implied license to access, search, inspect or assess whatsoever without a warrant.

He also appears to be carrying a weapon that is not owned by the town and does not have the proper training to be entering on tax payers properties in representation of the town with a loaded gun.

The town is negligent in condoning this behavior and is hereby put on notice that they are responsible not only as a town but perhaps individually as well.

Victor Francis has menaced me and violated my constitutional rights and disrupted the quiet enjoyment of my land that I bought and paid for and pay taxes on. He and all town employees are to cease and desist trespassing on my property. They have my contact information from tax records and they may communicate their concerns via that route. I demand the town prohibit their employees from entering on taxpayers properties with loaded weapons when they have not been properly trained and or certified.

This cease and desist order pertaining to access to this property includes all persons including all law enforcement be it town, county, state or federal law enforcement who do not have an appropriate court order.

See legal verbiage below from National Association of Rural Land Owners www.NORLO.org the creators of the signs the Code Enforcement officer ignored:

We have installed strongly worded NO TRESPASSING signs on our property located just west of Lot 10 Road on Country Route 45 in the Town of Palermo. 6.16 acres
Tax ID: 206.00-03-11.04

This letter will serve as constructive notice to: Town of Palermo, New York State Police Hastings Barracks, Town of Palermo Code enforcement Officer, Town of Palermo Supervisor, Town of Palermo Board, Town of Palermo Attorney, Town of Palermo Assessor, Oswego County Sheriff, Oswego County District Attorney, NYS Attorney General, New York Governor And all other government agencies. Be advised that I/we will consider any trespassing by any government agent for any reason, other than a fire or medical emergency, without my express written permission, or appropriate court order as a violation of USC Title 18, Sections 241 and 242 and any other applicable federal or state civil or criminal trespass statutes. If such trespass occurs, I will consider the government agent/trespasser as an intruder and will take all lawful means to expel the intruder. Any evidence gathered by said government agent used against me for any reason will be challenged in court as having been gathered in violation of law.

REVOCATION OF IMPLIED LICENSE

Further, the owners or legal occupants of this property, by authority granted under 10th Circuit Case 6:13 (1951) and Florida v Jardines 133 S. CT 1409 (2013), including revoking “knock and talk” and all other “Implied License” provisions in said cases.

You are hereby notified that the owner of this property requires all public officials, agents, law enforcement, or any other person or persons to abide by the “Supreme Law of the Land” The U.S. Constitution and the ratified Amendments thereto. Said owner expect any government agent to uphold their oath of office in good faith to preserve, protect and defend the Constitution of the United States.

Owner refuse to permit any access, search, audit, assessment, or inspection whatsoever of this property without the presentation of a warrant, prepared as prescribed by the 4th and 14th Amendments to the U.S. Constitution and “particularly describing the place to be searched and persons or things to be seized”. Alleged zoning, land use code, or environmental protection violations, do not establish constitutional reasons for entering this property. Property rights are Federal law and supersede state and local law under the Constitution Supremacy Clause.

BE ADVISED: THE RIGHT TO EXCLUDE ANYONE, EVEN GOVERNMENT, OR LAW ENFORCEMENT, IS AN INVIOLATE, CONSTITUTIONAL RIGHT, SET IN LAW, TO-WIT:

“A property owners right to exclude extends to private individuals as well as government”. See United States V Lyons, 992 F.2d 1029, 1031 (10th Cir. 1993). “The intruder who enters clothed in the robes of authority in broad daylight commits no less an invasion of [property] rights than if he sneaks in the night wearing a burglar’s mask.” Handler v. United States, 952 F2d 1364, 1375 (Fed Cir. 1991).

!IF YOU VIOLATE THIS NOTICE WITHOUT OUR EXPRESS PERMISSION WE WILL FILE CRIMINAL TRESPASS CHARGES AGAINST YOU! !VIOLATORS COULD FACE UP TO A $10,000 PENALTY ANF 5 YEARS IN JAIL!

Last but not least….. My property is currently for sale…. And according to Code Enforcement Officer Victor Francis, a number of people have inquired with the town asking questions…. He has indicated he refers to the property as a wetland. The property has 850’ frontage on a pond. Obviously the pond is “wet”. But the rest of the property is high and dry. It is subject to a DEC 100’ setback which is identified in the survey. Also, A stamped engineers septic drawing created specifically for the property has been created and engineer has represented the septic location as being appropriate per the DEC requirement.

The majority of properties in Adirondack Park are subject to 100’ setbacks.

The Code Enforcement officer has been disparaging my property improperly and he needs to cease and desist as he is damaging my ability to sell this property.

It strikes me as ironic that Code Enforcement Officer Victor Francis would tresspass on my property violating my constitutional rights during 4th of July celebration season. We are celebrating our freedom from tyrannical abuses of improper representation impeding on basic human rights.

The Code officer thinks he can come on my property at any time without my permission.

If that is true….. the Constitution means nothing. The 4th of July means nothing. And everything people faught and died for over the history of this country means nothing.

It can not…. It must not be true.

Respectfully,

Michael R. Franklin
Licensed Real Estate Broker
Franklin Ruttan
1406 North State Street
Syracuse, NY. 13208
315-876-2262
www.FranklinRuttan.com
www.ThePropertyTaxGuy.com

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