Editor’s Note: Just when the City of Shelby leadership thought they might squirm out of a lawsuit brought by Mr. Willie Green against them; they find themselves in a “double whammy.” Besides Mr. Green’s lawsuit appears to be close to breaking loose for trial, a “Notice” that they are committing Federal Crimes has been lodged against them that indicates they could actually go to Federal Prison. All of them. For a long timer. For Nazi War Crime-like activity against many (52+) Shelby property owners. (Many of these confiscated properties seem to be located near the infamous “Rail-Trail.” But that is a story for another day.
But hey, folks, like I often say; don’t believe me. Read the notice for yourself. A notice that I have obtained from a member of the Shelby “Neighborhood Revitalization Committee” through my due diligence. The Neighborhood Revitalization Committee advocates upgrading and repairing of existing homes in low income areas instead of Shelby taking over the property through allegedly illegal means and demolishing the existing homes. A practice akin to racial cleansing Shelby of minority and low-income residents.
Read and heed folks. The next home that will be confiscated by Shelby could belong to YOU!!
The Notice states as follows:
Subject: The City of Shelby has NOT followed the Law in reference to the Home located at 600 Calvary
Preliminary Summary Only.
The City of Shelby has NOT followed the Law in reference to Several Homes, including the Home located at 600 Calvary. Please cease and desist in this Criminal Conduct. Immediate review of “boilerplate documents” pretending to care about Property Owners Constitutionally Protected Rights, Consider Restitution to all Property Owners affected, Policy and Personnel Changes to avoid the “appearance of due process” AND False representations of “safety” issues.
This is a Notice of Intent to pursue/request a Formal Criminal Investigation/Complaint with the US Inspector General’s Office, for Violation of Federally Protected Civil Property Rights. Listing All Shelby City Council Members, City manager, Walt, Wanda, City Secretary and Does A to Z. Apparently 52+ homes have been torn down, (without Legal Due Process) as stated with fake solemn remorse, (even in writing) by Your City Manager. He should have delayed ANY action, while progress was being made and communication lines open.
While the City of Shelby NC does go through the motion of having all members of Council (employees?) Swear to uphold the US Constitution and Laws of the USA. Sadly, Property Rights within the City Jurisdiction appear to Trample Property Rights, to be arbitrary and capricious, actions and does NOT appear to Follow any sort of Objective Legal Due Process.
As City Employees, the City manager and City Council seem to feel that a Home Can be demolished without Legal Due Process, No trial, No Court or 3rd Party Arbitrator, No Notice of City Council Meeting(s) or Process AND then SECRETLY put on an Consent Calendar, even though the Home representative is present and absolutely does NOT Consent!
Consent Colander, in Civilized LAWFUL Jurisdictions, is for Non-Disputed Items, like internal City matters NOT issues related Personal Federally Protected Private Property, Civil Rights Issues.
US Code 18 Section 242 discusses violating Civil Property Rights, under Color of Law and Lack of Due Process, as Criminal matter.
US Constitution, under the Commerce Clause Guarantees Property Rights to be Protected with Full Legal Due Process, Amendments IV and V require Property Rights DUE PROCESS. Furthermore, requires a Warrant to enter Property!
When 2 or more violations occur, of Federally Protected Rights, a Continuing course of conduct exists, making this a RICO Action Crime.
City Employees, Coercing Property owners, and tasked to look for issues are NOT proper witnesses (neither are Contractors working in tandem with City Employees to harass Property Owners, for financial gain). Furthermore, they cannot act as victim, witness, judge and jury – as the City Manager has been Directing them to do. City Council would be wise NOT to “rubber stamp” for Rick, and to at least READ the City’s website stating They are in Charge of the City Manager – He is an at will Employee. His Continuing Course of Conduct makes him a Liability to the City of Shelby. BTW why was the document dated December 6th for a City Council meeting? When I had a meeting scheduled with Wanda on the Friday, just before the Tuesday Meeting?
My personal experience (and many others) with “boss hog” Rick, has Not been pleasant, to say the least.
Saying; “we’re only doing our job” is exactly what the Germans said at the Nuremburg Trials. Respectfully the City of Shelby should Immediately review All Policies currently being followed by officious personnel in/by the City of Shelby, NC. Being a “rubber stamp” on Violations of Federally Protected Rights should NEVER be allowed by the City Council.
Current Value being lost by the Board of Directors, exceeds $ 20,000, as there were several buyers wanting to purchase this home. Wanda filed a Les Penance on this property, preventing a clear Title, while the owner’s representative was cooperating, Secretive, no Notice, underhanded actions by the City are/were Totally Unnecessary, and we believe Illegal.
Neighborhood Revitalization Committee
TYPICAL Reference 2nd Property: BOILERPLATE LIES: Refer to many City Council Meetings to verify this Continuing Course of Conduct = RICO Crimes
City of Shelby Agenda Item Summary November 18, 2019 City Hall Council Chamber
Agenda Item: E-4
4) Adoption of an ordinance authorizing demolition of a dwelling (605 East Suttle Street): Ordinance No. 79-2019 Consent Agenda Item: (Walter Scherer, Planning Services Director)
Summary of Available Information: Memorandum dated November 7, 2019 from Walter Scherer, Planning Director to Rick Howell, City Manager Photo of Property Location Map – 605 E. Suttle Street Tax Card for 2019 Ordinance No. 79-2019
City Manager’s Recommendation / Comments
Please note that the Building Inspector has duly conducted enforcement of the minimum housing code in accordance with the NC General Statutes and City Code. I do want to emphasize that it is the common practice of the City to err on the side of the property owner in most all cases giving them the benefit of the doubt when action is initiated. (A LIE) A thorough and fair due process is followed in all cases. Demolition of these homes is always the last resort after efforts to persuade a property owner to make these minimum standards have failed. (A LIE) As you all know once this ordinance is passed the City is empowered to enter onto the property to demolish the building. All associated demolition costs and administrative costs are then filed by the City Attorney as a lien against the property. This lien is normally only satisfied to the City’s benefit upon the sale of the property.
Excerpt from Strategic Growth Plan
4. Community Appearance & Image
POLICY 4.4: Vacant and abandoned sites and buildings shall be properly cared for or removed, thereby preventing a blighting impact on the area in which they are located.
Action 4.4.1: Examine and implement standards for maintaining undeveloped or vacant lots and for repairing or removing abandoned structures and sites.
It is my recommendation Ordinance No. 79-2019 be adopted and approved by City Council at this time via the Consent Agenda.
Page 91 of City Minutes: Document by City Manager November 17, 2019
ORDINANCE NO. 80-2019
AN ORDINANCE AUTHORIZING DEMOLITION OF A DWELLING
WHEREAS, pursuant to the provisions of Chapter 160A, Article 19, Part 6, of the North Carolina General Statutes, the single family dwelling located at 414 MINT STREET, Shelby, North Carolina, has been inspected and found to be unfit for human habitation and to otherwise constitute a danger to persons and a threat to the health and welfare of the citizens within the City; and,
WHEREAS, according to the procedure provided by law, the owner(s) of said property, RITA RATCHFORD has or have been given notice of the aforesaid inspection, determination, and orders to bring said property into compliance with the housing standards of the City of Shelby by appropriate repair or removal of said dwelling; and,
WHEREAS, no action of any kind has been taken or initiated by the owner(s), or any party on behalf of said owner(s), to achieve compliance with said ordinances within the periods allowed by law; and,
WHEREAS, the said dwellings remain at this time unfit for human habitation, dilapidated, and a danger to the health and safety of the citizens of the City of Shelby, and should be removed by demolition in order to prevent and alleviate such continuing danger and dilapidated conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SHELBY, NORTH CAROLINA:
Section 1. The dwellings on the property known as 414 MINT STREET, Shelby, and described in the Cleveland County records as Tax Parcel No. 22523 be demolished forthwith, the remnants thereof disposed, and a lien for the costs of such demolition and removal, less any credits due the owner(s), be filed against the property and collected pursuant to the provisions of North Carolina General Statutes § 160A-443, et seq.; and,
Section 2. Said lien bear interest until paid, as allowed in Article 10 of Chapter 160A of the N.C. General Statutes, at the rate of eight percent (8.0%) per annum.
Adopted and approved this 18th day of November 2019.
_______________________________________ O. Stanhope Anthony III Mayor
_____________________________________________ Bernadette A. Parduski, NC-CMC, IIMC-MMC City Clerk
APPROVED AS TO FORM:
_____________________________________________ Robert W. Yelton City Attorney
Editor’s Note: Read this Ordnance noted above carefully. The City of Shelby sends out an inspector, who, for various legitimate OR PHONY reason, can rule that YOUR property is unfit for human habitation. Then the City sends out a demolition team to demolish YOUR property and sends YOU an inflated bill. The city charges YOU ha high interest rate, puts a lien on YOUR property and confiscates YOUR property. But don’t believe me. The City of Shelby has done this 58 times (about 2 homes per month) so far since 2017 and has gotten the Shelby Star to write a cover-up story for them. As usual about such things, the reality is that the Shelby Star story is full of lies and deceptions manifested in quotations from those such as Shelby City Manager Rick Howell. Who, himself, has been sued for defamation by Mr. Willie Green. And, perhaps a little later, the Mayor and City Council will also be included in the lawsuit. Even if the FEDS put them all in jail for a long time. Wouldn’t it be “Karma” or “Deja-vu” if Mr. Green ended up owning THEIR houses?
This is the link to the Shelby Star cover-up story: