Once in awhile an individual or business will receive a "Notice" or a "Notice to Comply" from a governmental agency. Such "Notices" are sometimes not proper or lawful. For example, I once received a Notice to Comply from the Environmental Health Dept. of a rural northern California county, regarding how I handled septic waste on my place (at the time) of thirty-eight acres. Said Notice was entirely improper because the department that issued it had never done an onsite inspection. The "inspector" apparently was too busy, or lazy, and was operating on hearsay knowledge. [When I pointed this out, the "Notice" was deleted from their records, I received an apology, and the department took no further action.]
Even if the Notice received is proper and lawful, it is often helpful to oppose it, thereby delaying a re-inspection or administrative action by the agency. Many times (more often than not) agencies are so backlogged with compliance work that they pick only the low-hanging fruit, so to speak. In any case, it is always good to stand up for your rights when you believe that you've done nothing wrong, or you believe that the ordinance in question is excessive or intrusive.
Below is a Notice that you may copy and use when necessary. Simply change my name to yours and change the county (location of Affiant). One way to demonstrate to an agency (especially local or State) that you do not intend their Notice to go unchallenged is to turn right around and issue THEM a Notice. Sometimes it works; sometimes it doesn't. It always buys you time.
Notice and Affirmation
Whereas the Declaration of Independence states with clarity that all individuals are endowed with certain unalienable rights; and,
Whereas the Declaration illustrates that said rights are independent of any government; and,
Whereas I affirm that I possess said unalienable rights, and thus possess individual sovereignty; and,
Whereas in Common Law an individual is free to do whatever one wishes, as long as that individual does not trespass upon the rights or property of another individual and honors all lawful contracts;
Now Therefore:
I refuse your paperwork that alleges violations of law or contract foreign to my venue, which no oath, promise, or common law attaches me thereto.
Your documents were received but not accepted.
All items are refused for cause without dishonor and without recourse to me.
Your paperwork is returned herewith because it is irregular, incomplete, and void process.
Further foreign intrusion upon my sovereignty by you or any agent of yours shall result in my charge of $200.00 per hour (or portion thereof) for any time that I must spend responding.
Recovery of charges shall be pursued in de jure common law superior court.
No response from you or your agency/department/entity will be taken as agreement with the statements contained in this Notice and Affirmation, according to de jure common law.
I affirm and attest that, to the best of my knowledge, the above is true and correct. So stated by Affiant: Scott C. Haley, in Skagit County, Washington
(signature)_________________________________
Date _____________
Notice and Affirmation received by:
(print name) _________________________________
(signature)_________________________________
Date ______________
