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HomeMy WebLinkAboutLetter from Reverend Jeffre Sean Sanderson - Appeal to Hearing Officer's Decision for Nuisance Abatement Case August 26, 2017 Reverend Jeffre Sean Sanderson 11228 Dawn Terrace Drive Oroville, CA 95965 Butte County Board of Supervisors RE:Appeal regarding ADMINISTRATIVE HEARING OFFICER'S DECISION RE NUISANCE ABATEMENT (Butte County APN: 058-260-060) I, Reverend Jeffre Sanderson, am respectfully appealing the ADMINISTRATIVE HEARING OFFICER'S DECISION RE NUISANCE ABATEMENT, originating from Case#:CE17-0359, and furthermore request that the Butte County Board of Supervisors order Butte County Department of Development Services Code Enforcement agents and agency to cease and desist. I, Reverend Jeffre Sanderson, swear and affirm to these facts relating to this proceeding: 1. That I, Reverend Jeffre Sanderson, am the occupant and caretaker of the subject property for the previous 7 years and reside in Butte County at the subject property, 11228 Dawn Terrace Drive, Oroville, California, 95965, and that I, Reverend Jeffre Sanderson, am beneficially interested in the outcome of the proceeding for the subject property is the location of my congregations cannabis sacrament garden. The sacrament located at subject property is my spiritual tool as an Ordained Reverend and Cannabis Sacrament Practitioner and is offered to my congregation on a daily basis as a sacrament to raise their spiritual energy, visualization ability, meditation effectiveness, and power of prayer through the sacramental cannabis incense burning. 2. That I, Reverend Jeffre Sanderson, object to the Administrative Hearing Officers Decision on the grounds that irreparable harm and injury will occur. 3. That I, Reverend Jeffre Sanderson, appeared, gave sworn testimony, and provided evidence on Aug. 8th, 2017, at a rescheduled Nuisance Abatement Hearing held at 10:00 a.m. at 7 County Center Drive, Oroville CA. It should be known that a certified letter requesting a hearing with objections was mailed to Tim Torres on May 31 st, 2017. A Nuisance Abatement Hearing Notice was subsequently posted with a July 11 hearing date. Tim Torres testified that he postponed this hearing last minute on July 10th. He further testifies that because he was not sure if the cannabis had been abated in advance of the hearing that he unilaterally rescheduled the hearing at the last minute by serving and posting a second "Notice of Nuisance Abatement Hearing," setting the matter for August 8th, 2017. This testimony, by Officer Torres, is false and more than suspicious. First and foremost, the property owner sent a certified request for a hearing to Officer Torres on May 31 st, 2017. It is completely illogical for Officer Torres to have arranged a Hearing date, time and place, as requested by the property owner, then to question weather or not the cannabis had been abated and acts by"postponing", not rescheduling, the hearing in the final hour of the day prior to scheduled hearing, giving less than 24 hours notice to the property owner. It was approximately 10 days later when I, Reverend Jeffre Sanderson, found a new"Notice of Nuisance Abatement Hearing," stapled to gatepost, setting the matter for August 8th, 2017. cc 'ktbS C l o It should be known that 1, Reverend Jeffre Sanderson, witnessed Officer Webber with Officer Torres when the July 11 th Nuisance Abatement Hearing Notice was posted at subject property. Since that time, Officer Webber has been fired Butte County Code Enforcement for his questionable conduct and involvement in using a drone while with Officer Torres, while on County duty. I allege that the July 11th hearing was rescheduled last minute due to the damning videos that surfaced with Officer Webber and Officer Torres involving a drone they were flying, while together, and subsequently crashed. Officer Webber and Officer Torres were chased while speeding away after gathering their drone wreckage and were pulled over, after attempting to flee, by a very concerned County resident who questions Officer Webber and Officer Torres roadside while on video camera. This video that surfaced exposes the breaches of duty and warrantless actions of these Officers. This conduct by Code Enforcement Officers leads me to question why these officers would be breaching their duty to such a degree and the conduct clearly speaks to the profit driven nature of these two sworn Officers investigative practices. According to The Department of Developments'own website, 41 out of 42 Public Nuisance Abatement Hearings were decided in favor of the County, last year. This staggering statistic suggests a stacked deck in favor of profiting the County and its agencies suggests a fraud perpetrated against Butte County residents. The 34A-19 - Use of money collected under this chapter states, "All money collected for penalties for violations of this chapter and all money collected for recovery of costs of enforcement of this chapter shall be made available to the Departments, who are involved in the enforcement of this chapter."As well as 34C-19 - Use of money collected under this chapter. "All money collected for penalties for violations of this Chapter and all money collected for recovery of costs of enforcement of this Chapter shall be made available to the Departments, who are involved in the enforcement of this Chapter." 4. That a fair hearing was not held, The Hearing Officer was inconsistent, clearly bias, denied due process, and no proof of service or verified complaint was provided as evidence. 1, Reverend Jeffre Sanderson, find it petty that the Hearing Officer refused to use the full name of my church or myself in his decision. 5. That 1, Reverend Jeffre Sanderson, am an Ordained Reverend of Universal Life Church, Cannabis Sacrament Practitioner, and founder, in January 2007, of"Oneness Ministry of Cannabis and Rastafari," Oneness Ministry of Cannabis and Rastafari has approximately 400 members in, its California congregation since assembly began over 10 years ago. 6. That 1, Reverend Jeff re Sanderson, have great concerns regarding the questionable actions, false testimony, and breach of duty conduct by the Butte County Code Enforcement Agents; Officer Torres, Officer Webber, Officer McMillan, and Officer Homesley. Their actions have placed my life, liberty and pursuit of happiness in jeopardy. 7. That Amendments 1 and 4 of the United States Constitution are being violated by Butte County, and furthermore, Article I Section 1,Article I Section 4, and Article I Section 13 are being violated by Butte County. 8. That all corrections to the record were not made by Hearing Officer as requested by support person at the start of the hearing. 9. That Deputy County Council falsified records when he offered a packet of information said to have been sent from Mrs Duncan, which was not. Furthermore, Deputy County Council ). ok 3 presented said packet of information in a deceiving manner by stapling multiple mailings together. These mailings were not only incomplete, but some lacked documents all together. in addition, subject property owner was able to produce certified mailing receipts for what she had mailed. 10. That Butte County failed to provide any evidence that the plants, on subject property, were Medical (measure A applicable) or Recreational (measure C applicable). 1, Reverend Jeffre Sanderson, have been clear and consistent with Code Enforcement in explaining that my cannabis garden is strictly sacrament and not defined in any Code Section. Additionally, Donald Trump recently signed an executive order reinforcing the importance of protecting religious liberty. Furthermore, that I, Reverend Jeffre Sanderson, have been cultivating the same cannabis sacrament for my congregation for more than 7 years, without incident, at subject property. 11. That, if an illegal cannabis garden exists on subject property, I, Reverend Jeffre Sanderson, be arrested and afforded a jury trial on criminal charges. The subject property is in compliance as it has always been under my care and direction. If I was growing medical marijuana or recreational marijuana I would be compliant in doing so. This garden is neither and is compliant with the laws and protections enumerated in the US and California Constitutions. Again, I have a great respect for the law and find it appalling that the Butte County Code Enforcement Officers, Deputy County Council, and the Administrative Hearing Officer do not carry the same respect. I, Reverend Jeffre Sanderson, find their individual actions and collective conduct shameful. My request is that the Board of Supervisors reverse the improper decision made by the Hearing Officer. Attached is an affidavit in support. 1, Reverend Jeffre Sanderson, will be petitioning the court for a writ of mandate, in the very near future. Respectfully Sub i Reverend effre Sean Sanderson greatgoldminerC icloud.com 949-484-3678 3 dF 3 AFFIDAVIT OF REV. JEFFRE SANDERSON Hereafter "I, Rev. " hereby, swear and affirm, that the following is the truth to the best of my ability, under the penalties of perjury; 1 . That I, "Rev. " am the caretaker of 11228 Dawn Terrace Drive, located in Concow, Butte County, California and have been for the previous 7 years . (Butte County APN: 058-260-060) 2 . That by way of history, I, Rev. , was raised by a strong Christian family and attended Homeschool and private Christian School in Northern California. 3. That my understanding is that the Holy Bible is Gods law, evidenced by our Constitutions . 4 . That by way of history, I, Rev. , became ordained as a Reverend of Universal Life Church on January 16th, 2007 . 5. That on January 17th, 2007, I, Rev. , started holding reasonings and gatherings with congregation as Oneness Ministry of Cannabis and Rastafari with the blessing of THC Ministry, as a Cannabis Sacrament Practitioner. Furthermore, that Holy Anointing Oil, in accordance with Exodus scripture, is a sacred right. Additionally, that ishence (cannabis incense as burnt offering) , a fiery sacrifice to God is petitioners guaranteed right, without discrimination. I e4- 7 6. That, 4 years ago, the subject property owners husband, Dennis Duncan, died in the subject property residence, in the living room, while petitioner and close family observed, leaving Sunja Duncan a widow. 7 . That I, Rev. , do not cultivate medical marijuana, nor have I since 2006. 8 . That I, Rev. , do not cultivate recreational marijuana, nor have I ever. 9 . That 1, Rev. , do cultivate, breed, and tend cannabis sacrament, strictly, as I, Rev. , believe God intended for man to tend HIS garden as HIS initial commandment . {The King James Version Bible states : in Genesis 1 :29 - And God said, Behold, I have given you every herb bearing seed, which [is] upon the face of all the earth, and every tree, in the which [is] the fruit of a tree yielding seed; to you it shall be for meat . Genesis 9:3 - Every moving thing that liveth shall be meat for you; even as the green herb have I given you all things . Genesis 1 : 12 - And the earth brought forth grass, [and] herb yielding seed after his kind, and the tree yielding fruit, whose seed [was] in itself, after his kind: and God saw that [it was] good. ) 10 . That the subject property has always been in compliance, evidenced by a cannabis garden history going back over a decade. o� 7 11 . That the expectation of sacramental garden privacy exists evidenced by 2 fences which are blocking the view of the sacramental cannabis garden from public view. 12 . That if a crime exists on the subject property than I, Rev. , must be charged with a crime, for it is under my care, cleansing, use, and direction. 13 . That petitioners sacramental herb is not regulated by Butte County Code and therefore can not be held to be a public nuisance. Additionally, no written law exists prohibiting sacrament . 14 . That on the morning of May 26th, 2017, at about 10 : 00 a.m. , at 11228 Dawn Terrace Drive, Concow, Butte County, California, I, Rev. , had contact with Butte County Code Enforcement Officers, Jim McMillan and Tim Torres, and that I, Rev. , was questioned about the cannabis garden behind a secondary fence. 15 . That "I, Rev. , was asked, by Jim McMillan, if the cannabis garden was "medical, " to which I answered "no. " That I, Rev. , was further questioned if the cannabis garden was "non- medical, " to which I, Rev. , answered, "please explain what that means . " That Jim McMillan answered with, "adult use, recreational, according Prop. 64 . " That "I, Rev. " responded, ,/neither medical or non-medical would explain this cannabis 3 o; 7 garden. This garden is strictly for sacramental use and is for religious purpose and exercise, which is protect under the First Amendment . It belongs to "Oneness Ministry of Cannabis and Rastafari . " That, despite my objections and explanation, Tim Torres then stapled a "RESTRICTIONS ON CANNABIS CULTIVATION 72- HOUR NOTICE TO ABATE ORDINANCE VIOLATION, " "Case # :CE17-0359, " to the gatepost, alleging BCC 34-A-4, BCC 34-C4, and BCC 34A-4 (b) (1) ; BCC 34C-4 (a) (2) were being violated and a public nuisance was being maintained. 16 . That in the afternoon of May 26th, 2017, at 11228 Dawn Terrace Drive, Concow, Butte County, California, I, Rev. , had brief contact with Butte County Code Enforcement Officers, Jim McMillan and Tim Torres. Tim Torres stapled an amended RESTRICTIONS ON CANNABIS CULTIVATION 72-HOUR NOTICE TO ABATE ORDINANCE VIOLATION to the gatepost and immediately left . 17 . That on May 31st, 2017 a response was sent, certified mail, to Tim Torres, stating objections and requesting a hearing in the matter, and that return receipt was received. 18 . That on June 6th, 2017, a NOTICE OF NUISANCE ABATEMENT HEARING was stapled to the gatepost, notifying owners and occupants to appear before a Hearing Officer for the County of Butte at 7 County Center Dr. Oroville, California, on Tuesday, July 11, 2017, to show cause why the subject property should not be found to be a public nuisance . 19. That on July 10th, 2017 , in the late afternoon, the scheduled hearing for the fallowing morning was postponed. 20 . That on July 20th, 2017, I, Rev. , found that a new NOTICE OF NUISANCE ABATEMENT HEARING, scheduled for Tuesday, August 8th, 2017, had been stapled to the gatepost at subject property. 21 . That on August 8th, 2017, I, Rev. , appeared, provided sworn testimony, and presented evidence at a rescheduled NUISANCE ABATEMENT HEARING, held at 7 County Center Drive, Oroville, California, 95965 . 22 . That Butte County Department of Development Services mailed, certified, a decision letter stating that the Hearing officer ruled in favor of the county' s request for public nuisance abatement set into motion by respondent . 23 . That I, Rev. , object to the ruling and the clear case of fraud and collision on behalf of the respondent . 2 . That a fair hearing was not held for subject property for fundamentally, no proof of service of summons or complaint exists for respondent to proceed. 25 . That the California Constitution guarantees petitioners right to exercise petitioners enjoyment in cannabis sacrament . (page# 155 Constitutions of California and the United States and Related Documents 2015-16 Edition, CONSTITUTION OF THE STATE OF CALIFORNIA ARTICLE I Section 4, "Free exercise and enjoyment of religion without discrimination or preference are guaranteed. This liberty of conscience does not excuse acts that are licentious or inconsistent with the peace or safety of the State . The Legislature shall make no law regarding an establishment of religion. ") 26. That petitioners inalienable right to fundamental privacy was violated by respondents testifying witnesses flyover, picture taking, and presenting of this warrantless gathering of unsubstantiated evidence by untrained and unqualified Code Enforcement witnessing Agents who testify to curtilage wherein a garden is tended, behind 2 non-transparent fences, that they testify to the fact that they can not see over, as an "open field" without having even walked the property. "Fruit of a poisonous tree" was presented by Butte County as misleading and potentially damning information against subject property. Again, the agents are trampling a fundamental right to my privacy, enumerated in the California Constitution. ARTICLE I Section 1, "All people are by nature free and independent and have inalienable rights . Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pushing and obtaining safety, happiness, and privacy. " This level of incompetent acts by agents has caused great stress and irreparable harm will result if they do not stop. I, Rev, do hereby Swear and affirm the above forgoing representations are true and correct to the best of my knowledge, and beliefs . Respectful Submitted �,2 1 Reverend Jeffre Sanderson "Rev. " Date 7 0� 7