Did you know county personnel claim they can enter your land, without a warrant, to investigate an “alleged” or “apparent” violation of County Code?
Now is the time to correct the Comprehensive Plan Title 2 to comply with state and federal Constitutional protections.
The 1994 McCready v. City of Seattle decision upheld the requirement for a judicial warrant prior to access, yet under Kitsap County Code 2.116.040 “authorized” officials may enter your land if a neighbor alleges a building, zoning, environmental health and safety and quality of life violation.
Additionally, under this administrative law, you must sign any notice of infraction given to you, thus violating your right against self-incrimination. Though the code states that “imprisonment shall not be imposed as a sanction,” it contradicts itself later, stating, “refusal to sign the infraction … or failure to respond … are misdemeanors and may be punished by a fine and/or imprisonment in jail.”
Furthermore, hearings to determine whether an infraction has occurred can be conducted without a jury, in secret, and with no verbatim court record. The Constitution guarantees us a jury of our peers, the right to cross-examine witnesses, and a formal verbatim record of proceedings.
Do you believe an anonymous complaint to the county should jeopardize your civil rights? Please demand the county revise and align the Comprehensive Plan with the Constitution and courts at the public hearings on June 13, 5:30 p.m. at the County Administration Building.
Carrie Riplinger
Seabeck