July 28, 2004 Name
Address
City, State, Zip
Mayor and Chairlady of Santa Rosa Sharon Wright
City Risk Manager Lynne Margolies
City Manager Jeff Kolin; City Clerk Sue Stoneman
City Council Members
City Hall, 100 Santa Rosa Avenue
Santa Rosa, California
RE: You have caused me FEAR which has Caused me INJURY and
DAMAGE $3.5 Million
The Chief of Police
C/o Santa Rosa Police Department
AFFIDAVIT
Dear Mayor, City Council Members and Chief of Police, etc.
I was astonished to read that on Friday, July 13, 2004, in the Santa Rosa City Council Meeting as reported in the Agenda and Summary Report, Regular Meeting; your Motion “11.6 PUBLIC HEARING –AMENDMENT TO RELEASE/STORAGE FEE SCHEDULE.”
“BACKGROUND: California Vehicle Code Section 22850.5 allows a public agency to impose charges to recover its administrative costs for the removal, impound, storage or release of impounded vehicles…with a recommendation to increase it to $130.00.”
Your BACKGROUND statement is bald faced: “California Vehicle Code Section 22850.5 allows for the release of properly impounded vehicles…”
The word “properly” was left out of your Agenda and Summary Report is defined in Section 383 of the Penal Code as the element of dishonesty, and that offence constitutes extortion.
Follow along if you will:
You cannot legally and lawfully impound a vehicle in the State of California without putting up a bond for four times the value of the car; it takes 15 days to get an Impoundment Order. You can’t touch a vehicle without getting the consent of all the insurance companies and all the legal owners and lien holders first, it’s in the Vehicle Code. You cannot deprive a citizen of property. It’s in the California Penal Code, 485, 486, 487.
If you can’t make a law to take someone’s car, where do you get the idea you can impound it, tow it, and sell it back to him? That means any person including the police, code enforcers and tow truck personnel and their employers, all those who receive and sell stolen property. See the California Penal Code (C.P.C.) 487 Grand Theft defined (1) An automobile, ***horse…any bovine animal, any caprine animal, and 14 other species.
You can move it or move the car with a Court Order away from a fire hydrant. You cannot touch private property without the written consent of the owner.
You can only issue a warrant to seize stolen or embezzled property upon the Complaint of the owner. C.P.C. 1524.
Any personal property seized would be “fruit of the poisonous tree” and subject to return of property C.P.C. Section 1583.5 as unlawfully seized in violation of the Fourth Amendment.
Again from your Summary Report, “RECOMMENDATION: The Police Department recommends that the Council, by resolution, amend the fee schedule for vehicle impound release/storage fees to $130.00 for the services provided.”
Your Motion 11.5 details “…For FY2004-05 the Police Department has determined that the Franchise Tow program costs for staff and materials to administer the vehicle impound release fees will total $242,246. To recover a portion of the administrative costs, the Police Department will collect a total of $30,000 in franchise tow fees…” How many times do you intend to violate Federal and State law in this conspiracy? How many vehicles do you intend to steal and sell back to the owners? Don’t you understand impound and impounding is a fancy word for stealing?
All monies taken from impound citations including storage costs are to be returned to the people and citizens of Santa Rosa. See Supreme Court Decision: See v. City of Seattle, 387 (1967)
You are to recover all lost and stolen property. You have to maintain it at no expense to the owner. There is a one time, lifetime vehicle fee that is paid by the original owner and that is $7.00 in the Registration of every vehicle manufactured in the U.S. or abroad and that guarantees for the lifetime of that vehicle, when found, it is to be returned at no expense to its owner. It’s already paid for. The owner tells you where to tow it. When you impound a car that act becomes a violation that is also included under Federal Fraud; and the Vehicle Code. What do you think we pay taxes for?
Have you the mayor and the city council lost your collective minds? It’s about time to fire your city attorney, for giving unlawful advice to violate the 4th and 5th amendments and for nodding and accepting the illegal business scheme of impounding vehicles, which your attorney has allowed you to undertake.
That attorney is setting this city up for bankruptcy and its employees individually and collectively, you the Mayor, the Santa Rosa City Council, the Chief of Police, the County Sheriff, the judges, and the towing companies have been set-up for massive lawsuits that will drain the taxes that are paid by the taxpayers for their right to honest service. (see: City of San Francisco, Dallas, Redmond, and all other cities in the State of Washington to refund all dollars and property seized through impound; and the deputy sheriff who lost his job in Rio Linda.
Your NOTICE, by virtue of the Summary Report constitutes a threat (extortion) against Me and my private property and is causing me fear since it is in my plans to move into your city to do business there and to live there. You are thwarting and delaying my move to Santa Rosa, which is causing Me Damage and Injury; my fear is that your police will steal my property, and then auction it off.
Impounding is an abuse of process, operating the City of Santa Rosa as a “racketeering enterprise”
See U.S. v Frega, with reckless disregard for the law, and the constitutional right of the citizens they are sworn to serve. Your NOTICE is conduct AND BEHAVIOR IN FURTHERANCE OF VIOLATION OF “criminal profiteering” as defined in California Penal Code, sections 182, 186-186.3 and 518-526.
C.P.C. Crimes Against Public Justice. Conspiracy. Section 182(a)(4). To cheat and defraud any person of any property, by any means which are in themselves criminal.
If the Sheriff of your county or you city police and state patrolmen will not protect my rights, and if they facilitate the “criminal conversion of my property”, they will be personally liable to Me for $1 million in Damages.
You have even pulled your judges into this matter. San Francisco judges went to jail for criminal profiteering C.P.C. 186 also see Title 18 1962(d). There is no immunity for committing federal fraud by trickery and deceit. See: Avante Corp v. Superior Court. ???? If the courts are used to obtain any sort of Order/Lien against my property, any Magistrate signing it will be personally liable to Me for $1 million in Damages, See: U.S. v. Frega, 179 F 3d 793 (9th Cir. 1999 and Prop. 290.
You cannot tell the People how to maintain their property. People v. Garcia, ??? You cannot take cars away that offend the environment. Wilson v. Layne, 526 U.S.
You steal abandoned cars from private property. Inform your code enforcers to cease and desist. Trespass subjects you to the will of the owner. No laws can be public offenses when committed on private property. That includes cars, chickens, crowing roosters, barking dogs and screeching parrots. It is domestic terrorism for a code enforcer to even look over someone’s fence and count their livestock. U.S. v. U.S. District Court, 407 U.S. 297 (1972); Palazzolo v. Rhode Island, S. Ct. (2001); Monterey v. Del Monte Dunes, S. Ct.; California civil Code Section 3482.5 declares that a chicken and rooster enterprise cannot be declared a nuisance under any circumstances. Code enforcers are costing cities millions of dollars. Fire your code enforcers who do not understand their jobs.
In order to give a citation you need an indictment from a Grand Jury. See v. City Seattle, S. St., 387 (1967). Again the Supreme Court repeated itself in 1981, “No citations are to issue.” It’s printed six times in the California Penal Code. You cannot issue citations for any reason.
Mayor Wright and City Manager Colin, don’t you understand? Just three weeks ago a decision by the Supreme Court of Washington State said “all monies taken through impound citations including storage costs must be returned to the people and citizens of Redmond and all the cars sold at auction must be returned, and that goes back seven years.”
The officials of Seattle said that will cost the $10 million for each year and that’s just the cost of the citations. That does not include the cars towed away that the citizens could not afford to get released from impound because of their financial circumstances. Those cars presumably were sold at action. All property must and shall be returned. The city of Redmond, Seattle, Dallas, San Francisco, now obey their State laws, Supreme Court Mandates and Federal Laws.
There is opportunity for owners of junk cars to make money. The owners of junk cars, can obtain documents available from the Secretary of State that when filled out and returned will give each owner a minimum of $2,000.00 upward to $10,000.00 to take a junk car off the road. Use your community service officers to contact the owners of junk cars and tell them about the money the Secretary is holding. You can and must provide an honest service, for the citizens of Santa Rosa.
Those funds are collected each time a person buys a gallon of gasoline and are set aside to take junk cars off the street and are an offset to smog created by refineries so they don’t close down. It is tit-for-tat, the resident takes his car off the street and gets a check and the refinery does not have to be updated. The money is waiting to be rightfully claimed. Doesn’t anyone in the Santa Rosa City Council read?
The service, in my opinion, would start the city on a long and forgotten road of properly servicing the citizens instead of sending out armed jack-booted police to steal a Citizen’s property so that the city and the impounded persons can turn around and sell it back to them.
1. You are to uphold the law under the United States Constitution, and the California Constitution by the complete oath you all should have taken.
2. This Notice and Demand is to be read publicly by you into the Minutes at a Regular Meeting of the Santa Rosa City Council.
3. You are to see that all parties involved have the Bill of Rights read to them.
4. You are to see that all parties involved read the proper oath of office into the minutes during a public meeting and not a fraudulent oath and you are to ask if they understand it and demonstrate their understanding.
5. You are to see that all parties involved have a copy of the cities that are listed above that appear in the California Penal Code and the Supreme Court Decisions listed above (It wouldn’t hurt to throw in the Commandment about “stealing”).
6. Fire your City Attorney, and Fire your numbskull Code Enforcers for getting all of us into this fix.
This will show that you may not be part of the conspiracy. You’ll be lucky to get out of this mess for a small cost of $20 million plus punitive damages for the conversion, the theft and loss of wages you have caused. You know the hardship you have caused the people by stealing their cars causing them not being able to travel to work, and to do their grocery shopping. The impounding costs that the citizens had to pay over the last seven years for minor infractions. It’s against the law. There is to be no stealing of vehicles for any code violation. In Philadelphia they just indicted the biggest law firm with former U.S. Attorney Tara, indicted for racketeering. Your city attorney is attempting to bankrupt this city. I don’t know why, do you?
7. Fire your code enforcers whose intentions are to deprive people of property.
8. POST this NOTICE AND DEMAND in six conspicuous places in different buildings to whom this NOTICE affects.
9. I don’t know how you will get out of Mail Fraud for mailing thousands of false Impoundment Collection Notices. Your offenses are for fraud and swindle executing and mailing false Collection Notices. That conduct is conduct and behavior in furtherance of violation of “criminal profiteering” as defined in CPC sections 182, 186-186.3 and 518-526. Also see: Title18: U.S.C. CH 63 Section 1341. Mail Fraud $1 Million.
10. I have already suffered Fear, Injury and Damage if you don’t stop your unlawful acts I will suffer additional Damage as a future resident of the City of Santa Rosa by Acts committed by those who took an oath to serve and protect my rights.
11. You are to immediately return all the dollars you have unlawfully and illegally taken by citations
through your Takings Programs this year 2004 and last year 2003 and 2002. You will and must Notice all victims of your schemes that you are returning their money to them for the Injury you have caused and hopefully they will cash their checks.
12. This would be a good honest start for an honest government here in Santa Rosa. Repay your ill-gotten gain now. Yes, pay it now. Discharge your debt. It is a small price to pay.
You must answer this Demand within 10 days from this date July 26, 2004, plus necessary time for the U.S. Postal Service to deliver this Notice; that you agree to my Notice and Demand or that you will request more time to answer my Notice and Demand.
You and your council members, and Code Enforcers have violated the California Penal Code, California
Civil Code, Federal Criminal Code and Rules, and recent Supreme Court Rulings. You have unlawfully misused the vested Powers and Authority of your Public Office to aid, abet, counsel, command and procure the commission and furtherance of illegal and unlawful activity. Section 384 to 389 of the Penal Code described different situations and fixed punishments accordingly for committing the crime of extortion.
There are grounds for racketeering (RICO), you are federally funded; Conspiracy, Extortion, C.P.C. 518, 519, 520, 521; Crimes Against Property, Grand Theft C.P.C. 486, and Federal Fraud. You are violating other laws too numerous to cite here.
Anti-Corruption Act, Salinas v. U.S.; Sabri v. U.S., ANYBODY who conspires to defraud any citizen of rights to honest services has no immunity, and gets 30 years in the penitentiary. Here is where all of you and all of your immunity will go “out the window” and you cannot discharge this debt in Bankruptcy Court; even if you did not know the law; but now you know the law because of this notice.
Failed to Prevent and Failed to Do So. Camara v Municipal Court, S. Ct. (1967). Sending Citation Notices for dollars to deprive the citizen of honest service by U.S. Postal service. See Title U.S.C. Ch. 63 Section 1341. Mail Fraud $1 Million each for fraud and swindle.
My intent is to hereby NOTICE all of you for all of you to immediately stop you unlawful activities.
NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT. NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL
C/c Clerk of the Court United States (Article III) Court of International Trade Title 28, Sections 1581 to 1585
Governor of the Republic of California Arnold Schwarzeneiger
U.S. Senator Dianne Feinstein and U.S. Senator Barbara Boxer
Etc.
AFFIDAVIT
I, Affiant’s Name, am a natural wo/man, being duly sworn on oath, under penalty of perjury, deposed and say that the following facts are true, correct, complete and not misleading, to the best of my knowledge and belief, the truth, the whole truth, and nothing but the truth so help me God.
1. That the facts above in Notice and Demand and Intent and Affidavit, that NOTICE, DEMAND, AND NOTICE OF INTENT are true.
2. Affiant is not in receipt of any document or material fact that the issues in one (1.) above are not true and believe none exists.
3. That if any man or woman desires to rebut Affiants’ assumptions or if left un-rebutted it is assumed by Affiant that the above paragraph numbered one and two (1. and 2.) is true, correct, complete, not misleading and becomes a material fact.
4. That is any man or woman desires to rebut Affiants Affidavit, ‘he’ or ‘she’ must answer in the Format of the Affidavit, with a hand signed, blue ink signature, signed and sworn to before a Notary Public and deliver said Further, Your Affiant Sayeth Naught.
Dated this 28th day of July, 2004
/S/_____________________________
Affiant,
Address
JURAT
State of California )
) ss.
County of Los Angeles )