Posted: April 2, 2022
Reported by Ted Stimpfel,
a legal layman
(presented for future 2023/2024 reference).
Property owners, beware of the County's scam !
Are you now required by the County of San Bernardino to replace
your existing (and reportedly now illegal) outdoor lighting fixtures ?
Deadline to replace "non-compliant" fixtures.
Businesses: June 7, 2023.
Residential: December 7, 2023.
Don't forget the 11 P.M. lights-out curfew !
The unincorporated communities impacted by this new code include
Amboy, Angelus Oaks, Baker, Bloomington, Blue Jay, Cedar Glen, Cedarpines Park,
Cima, Crestline, Daggett, Earp, Essex, Fawnskin, Forest Falls, Green Valley Lake,
Helendale, Hinkley, Landers, Lucerne Valley, Ludlow, Lytle Creek, Mentone,
Morongo Valley, Mountain Pass, Mt. Baldy, Newberry Springs, Nipton, Oro Grande,
Phelan, Pinon Hills, Pioneertown, Rimforest, Running Springs, Skyforest, Sugarloaf,
Trona, Twin Peaks, Vidal, Wrightwood, and Yermo.
This appears to be yet another overreach by the County's corrupt
Supervisors who have all voted for this unnecessary burden upon you.1
To understand what is being demanded of you, view the County's published
Outdoor Lighting Regulations
and
Light Trespass Ordinance.
Are the Supervisors correct with their requirement that
you must now replace your exterior "non-compliant" lighting fixtures?
Under the California Constitution, I don't believe so.
I don't believe that the County can condemn and declare a
self-serving accelerated "end the life" of your property without
first compensating you. Especially, if the useful lifespan of your
appurtenant lighting fixtures has many decades remaining.
Read the following two preordinance written links and
if you agree with me, stand your ground !
There is a dark history behind this draconian code.
Under the prodding of the County's corrupt Land Use Services Department, the
Planning Commissioners and the Board of Supervisors ignored the legal and
public opposition against this ordinance.
Despite the overwhelming evidence that this ordinance
violates the federal Constitution, the California Constitution, and State Law,
the San Bernardino County Counsel supported this code. The County's
corruption appears thick !
If you wish to legally challenge the County under the State's
Constitution and California's Real Estate Law, contact me for additional
background information.2
Protect your Rights ! If your non-compliant lighting
fixture(s) do not create a health hazard or directly harm an immediate neighbor,
such as creating a nuisance, you can ignore the costly fixture replacement.
The County's forcible replacement of existing fixtures appears
to be unenforceable under State Law.
1 2021 Supervisors Col. Paul Cook, Janice Rutherford,
Dawn Rowe, Curt Hagman, and Joe Baca, Jr.
2 c/o newberrysprings@mail.com
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