ENFORCEMENT OF CITY/COUNTY CODES PROHIBITED

California Law prohibits Cities and Counties from enforcing City or County Codes and Ordinances upon property that is not OWNED by the City or County even if the property is within City limits.

California Penal Code: Chapter 5b CITATIONS FOR VIOLATIONS OF COUNTY, CITY, OR CITY AND COUNTY ORDINANCES Sections 853.1through 853.4 was repealed in 1967.

The Supreme Court ruled that Municipalities cannot exert any acts of ownership and control over property that is not OWNED by them, see Palazzolo v. Rhode Island 533 US 606, 150 L.Ed. 2d 592, 121 S.Ct. ___(2001) (no expiration date on the taking clause for City's illegal enforcement of its Codes on the man's private property and restricting the man's business), affirming both Lucas v South Carolina Coastal Council, 505 US 1003, 120 L.Ed. 2d 798 (1992).(butterfly activists and Code Enforcement cannot restrict development of the man's private swampland unless they lawfully acquire the land FIRST, surveying with binoculars constitutes a "takings"), and Monterey v. Del Monte Dunes, 526 US 687 (1999), 143 L.Ed. 2d 882 S.Ct.____ (1998).

In the Monterey case, the California private property owner was awarded $8 million for Code Enforcement's illegal trespass and restriction of his business, and another $1.45 million for the aggravation of a forced sale.

Federal Law also prohibits Cities and Counties from issuing citations against businesses, see Title 18 U.S.C.891-896, quoting Section 891  "An extortionate means is any means which involves the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or property."

Black's Law Dictionary 5 th Edition (page 1140): Recaption.  At Common Law, a retaking or taking back.    A species of remedy by the mere act of the party injured (otherwise termed "reprisal"), which happens when anyone has deprived another of his property in goods or chattels personal, or wrongfully detains one's wife, child, or servant.   In this case, the owner of the goods, and the husband, parent, or master may lawfully claim and retake them, wherever he happens to find them, so it be not in a riotous manner, or attended with a breach of the peace.