[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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