MO. JAILer, A City Attorney, Writes Mayor Swaboda
- Missouri JAILer Writes To Mayor Swaboda Of Kirkwood Regarding Land Grab(The messages to Mayor Swaboda have been flooding in to him from all quarters, including from out of the country, and we thank all of you who have written to date. Keep up the flow. The below is of particular interest, as you will see.)----- Original Message -----From: Jeffrey RobertsonTo: Montanbk@...Sent: Thursday, August 09, 2001 8:21 PMSubject: Customer #169, Invoice No. 515Mayor Swaboda
Would you be so kind as to send a copy of the ordinance that allows your city enforcement people to trespass on private property without notice?I have been and still am a city attorney, and have never advised my city
council to take any steps like what has apparently happened in the
subject case without formal written notice and a date for compliance. I
cannot imagine that what you are doing would stand up in a court of law.
If you have no ordinance allowing the taking without due process (which
could specifically be challenged in court), then I have to presume that
either your enforcement officer Harris is acting without authority and
should be subject to sanctions by you or your board, or she has the
authority of your office or the board making you personally liable
should an action be filed.
To require an abatement without notice, and then charge 5000% of what
the normal cutting would cost is preposterous. I am not giving legal
advice here, but you might want to check with your attorney AFTER you
remove the lien from the property. Citizens of my community would have their aldermen on a short rope if they tried that in our town.
Jeffrey A. Robertson
Attorney at Law