Attention Apache County Property Owners: Read the Apache County Building Ordinance
To all the Apache County Property owners you all need to read the Apache County Building ordinance. It is a joke and it was not I feel adopted according to the statutes of this state. And it is not being followed by the Building Official even if it was legal. Those whom have had a recorded notice filed against your property need to fight this as we were all denied the due process of law by the Apache County Building Official and we should ask him be charged with nonfeasance of office and have all of those illegally recorded notices removed.
Letter Written to Apache County Attorney; Mr. Michael Whiting.
Subject: Apache County Building Ordinance???
Mr.Whiting,
I wonder if you have ever read the Apache County Building Ordinance. I have just received a copy of the ordinance. And I can tell you that it is not legally binding since the Apache County Officials failed to ever as required make the AMENDMENT to the Apache County ZONING ORDINANCES. And there are some other items of concern such as the ADVISORY BOARD. I am unaware of any advisory board being in place as required by the ordinance.And then the FACT that under section 11 ENFORCEMENT. It seems that the Apache County Building official has been amiss in his duties as prescribed in section 11. And if he failed to do what was required by this article he is guilty of nonfeasance of office. And not just in one case of violation but in each and every case he has recorded a notice of violation in and failed to do what was required by the ordinance. Now if you say this ordinance is not legally binding for him and his duties then it is no more legally binding to any person having been given a recorded notice of violation. And I have found no mention of anything in this building ordinance which grants the power to record any notice of violation. Lets also look at the item which follows in the copy I got today in the mail which is the signature of a P&Z commissioner which only has the power to recommend ZONING ORDINANCES not building ordinances. And exhibit A which is the item Section 105 Board of Appeals. Just how was a property owner going to appeal to this board when although created it was never filled. And not one property owner sent a letter of violation has ever been made aware of any way to appeal to this board created in this ordinance. So were the actions taken legal? Ask yourself this as I am sure many of us property owners will be.
Thank you
George Walsh
Proud Member of the
Apache County Individual & Property Rights Association
http://acipra.wordpress.com/category/home-page/



:wink: Alright Carol great post. After some more thinking I have figured this out.Now this is just my opinion after many,many hours of reading and looking at this.
The Apache County building and zoning ordinance both were incorrect when the enforcement and penalties only gave by reference a classification of a offense not any penalty set forth in full for being found guilty of that class two misdemeanor offense. And by the Apache County Officials recording a notice of violation I feel they have recorded a GUILTY FINDING against your property. And all without the benefit of the trial for the charge of a class two misdemeanor as is the only enforcement allowed by the ordinance.As written the Building ordinance does not give any digression for anything else. Now could it be that since this building ordinance which was adopted 6/17/1998 as a emergency item as to make it take effect the day it was approved. The county Officials figured out the prior adoption of the building code was incorrect and not legally binding? I think yes. But when they rushed to adopt the building ordinance they failed to follow the requirements of the ars they quote in the adoption. So did Apache County ever really have a building code that was legal? I doubt it very much. So when dealing with the Officials in Apache County be careful and they have been know to have some one-sided lop-sided opinions on what is and is not legal. To them your rights must mean very little as they have been violating them for years and knew it all along.
Thank you
George Walsh
Proud Member of the
Apache County Individual & Property Rights Association
http://acipra.wordpress.com/category/home-page/
acipra@frontier.com