Reed Bible (Democrat), Jackie Traynere (Democrat), Ken Harris (Democrat) and Tom Weigel (Republican) voted to allow the Will County Land Use Department to use Aerial Photos to initiate Building Code violations.
How far do you want government push into your privacy rights, and your property rights?
Some Building Codes are rarely followed by property owners. Examples: Any pool over 2ft. deep needs a permit and a fence around it. If you replace damaged siding from a storm you need a permit. If your front door is in need of replacement you need a permit. If you want to replace a leaking window you need a permit. There is no Statute of limitations so you can be held responsible for what was done going back to the first owner of your property. Illinois Statute of Limitations for a felony is 3 years, and 18 months for a misdemeanor. (720 ILCS 5/3-5). Section 3282 of Title 18, United States Code, is the statute of general application. It states that, “(e)xcept as otherwise expressly provided by law,” a prosecution for a non-capital offense shall be instituted within five years after the offense was committed. The State has adopted an immunity statute for actions against the state or its political subdivisions of 1 Year protecting government. Why is Building Code violations treated as a more serious crime than stealing a car, robbing a bank, or selling drugs?
Republicans Dave Izzo, Ragan Freitag, and Steve Balich voted to uphold your property rights. In my opinion use of Aerial Photos is a violation of the 4th, 5th, and 14th Amendments to the Constitution as well as the Unalienable Rights granted in the Declaration of Independence. Mike Fricilone and Jim Moustis were also with Republicans who stood firm for privacy and property rights.
Back in April 2013 Balich began trying to amend the building code in Will County to prevent the use of Aerial Photos to initiate building code violations. He felt it was a violation of privacy and violated 4th, 5th, and 14th Amendments to the Constitution as well as the Unalienable Rights granted in the Declaration of Independence . Over the months the language was changed many times, and it was discussed at length in various committees. Tuesday December 10th at a joint meeting of Land Use and the judicial Committee’s Balich pointed out that Illinois law allows for use of Aerial Photos according to the Will County States Attorney. Using Aerial Photos is legal, but just because it is legal does not mean they have to be used. Despite alleged use of Aerial Photos being used in code enforcement, Balich pointed out the land Use Director said Aerials are rarely used, making passage of the amendment into a check verifying Aerials will not be used to initiate code violations.
The 4th Amendment protects citizens from searches conducted without a warrant. The 5th Amendment prohibits the government from denying any citizen “life, liberty, or property without due process. The 14th Amendment says “… nor shall any State deprive any person of life, liberty, or property, without due process of the law. Local government generally gets their power from the State, therefore this also applies to local code inspectors. The Declaration of Independence states we have the right of life, liberty and pursuit of happiness (property) from God.
Land use now will continue to have the ability to find code violations on your property by using Aerial Photos. Will they start using drones to investigate your property for Code violations? Because of this vote there is no mechanism to stop Code officers from initiating a code violation based on findings from aerial photos.
Source: Will County News