[Vision2020] City Code - the bottom line
DonaldH675 at aol.com
DonaldH675 at aol.com
Sun Jan 30 20:17:30 PST 2005
Visionaries:
It seems to me that all the speculation regarding the presence NSA in the
central business district of Moscow, comes down to two sections of the city
code.
Title 4 - Zoning Code
Chapter 11
Sec. 11-2
_http://www.moscow.id.us/citycode/TITLE04/chapter11.pdf_
(http://www.moscow.id.us/citycode/TITLE04/chapter11.pdf)
(http://www.moscow.id.us/directory/index.asp)
"1. It shall be unlawful to use or occupy or permit the use of occupancy of
any building or premises, or both, or occupancy of any building or premises,
or both, or part thereof hereafter located, erected, constructed,
reconstructed, enlarged , or changed in its use or structure until a zoning certificate
has been issued there for by the Zoning Administrator stating that the
proposed use of the building or land conforms to the requirements of this Zoning
Code."
.....
Sec. 11-3
C. None of the provisions of this Zoning Code is intended to provide the
basis for a claim or create a cause of action against the City, or its
officials or employees, for the performance or failure to perform any duty of
obligation running to a specific individual. Any duty or obligation created by this
Zoning Code is intended to a general duty or obligation running in favor of
the general public.
As I understand the above sections, zoning certificates are required prior
to using a property and the obligation to obtain them rests with the
person/organization who wants them.
The question then becomes, does NSA have the necessary zoning certificate?
The answer appears to be "no."
It is unfortunate that the administrators of NSA, their attorney, or the
officials of the mortgage company that financed the transaction failed to
investigate and secure this permit since the responsibility to do so rests
collectively with them.
I suggest that instead of chanting imprecatory psalms on the heads of those
who thwart their illegal operation (a behavior which, frankly, parallels the
spiritual immaturity of a college student with a hang-over praying that his
calculus professor will break her leg resulting in the cancellation of the
scheduled final) the administration of NSA stand up like Christian men with a
modicum of character, admit their error, and begin to make plans to move.
Rose Huskey
P.S. Packing boxes can be purchased at U-haul relatively inexpensively.
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