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11/7/1984
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11/7/1984
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
11/07/1984
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NOV 71984 © <br />BOOK 58 fAGE 7C� <br />had septic systems in existence, allegedly installed prior to <br />notification or enforcement of the County's permitting <br />requirements for said lots and septic tanks. The letter also <br />indicates that no more lots will be sold until a public sewer <br />system is in place. The file contains a letter, dated 6/1/77, <br />addressed to the County from the Health Dept., indicating no <br />objections to the interim use of the existing septic tanks <br />(includes Purdue's septic tank). Subsequently, electrical <br />hook-ups were allowed on these 11 lots at the request of <br />owners, and units were placed on the lots. <br />In January, 1978, Mr. Holman once again requested permission <br />for electrical hook-ups to Lots 12 and 13 on Finger 1. On <br />January 18, 1978, the Board of County Commissioners, once <br />again, approved said hook-ups despite the existing zoning. <br />It should be noted that the obvious purpose of requesting such <br />hook-ups was to install structures or trailers, and permission <br />was granted without any apparent attempt to enforce the <br />County's Zoning Code or permitting requirements. <br />Subsequently, several other lots have had trailers or <br />structures placed with their electric connections run off of a <br />previously approved electric meter. <br />Subsequent to the purchase of the lot by the Purdues and prior <br />to the placement of the trailer on the site, they applied to <br />the County for a mobile home tie -down permit and an electrical <br />hook-up permit for that location and received approval in <br />1978. After the placement of the trailer on the site, the <br />Purdues attempted to obtain an electrical hook-up through <br />proper channels and the Peace River Utility Co. The current <br />dispute arose when the Purdues approached the Building Dept. <br />requesting approval of the Utility Co. to tie into their <br />trailer. Others have avoided this "contact" with the County <br />by merely tying their trailers into someone else's utility <br />meter. <br />Two principals of law pertinent to this discussion; e. g., <br />(1) Governmental agencies cannot discriminatorily <br />enforce or apply their laws; <br />(2) Equitable Estoppel: <br />(a) For any County law to be valid, it must be <br />enforced uniformly against all individuals falling within the <br />classification regulated by the law. The County cannot pick <br />and choose where or against whom the law should apply. <br />Likewise, the County cannot bestow privileges or benefits on <br />some by omitting to enforce a law for years and then enforce <br />it against an unlucky individual who happens along at the <br />wrong time. This would constitute discriminator <br />application of �n otherwise valid law. Y. illegal <br />(b) ,When an individual justifiably relies on an act <br />or omission of government, and based on that act or omission <br />changes his !'position to his substantial detriment, the law <br />states that the governmental agency may not "pull the rug out <br />from under him." <br />Based on <br />the foregoing, I would <br />recommend that the County <br />require the <br />Purdues to comply with <br />Requirements 1 thru <br />3 in <br />Esther Rymer's <br />letter of October <br />2, 1984, to assure a <br />safe <br />structure, <br />and that the existence <br />of C-1 zoning not be <br />the <br />basis for <br />the County's preventing <br />an electrical hook-up <br />from <br />the Peace <br />River Utility Co. <br />36 <br />
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