Come by Serge w/music, lyrics and illustrated

A Good Farmer is also an involved citizen, To Senator by Leah

                                                                                 

 

                                                                                   Name  Street Address

                                                                                   City, State, Zip Code

                                                                                   Phone Number/ e-mail address

Joe Uecker (R)

Senate Building

1 Capitol Square, 1st Floor

Columbus, OH 43215

(614) 466-8082

Greetings Senator Uecker,

    My name is (name)and I am a resident of Miami Township in Clermont County, Ohio. I am contacting you in hopes that you might be able to help me with a somewhat odd zoning situation I am in with my township.

I will try to keep this as brief as possible as I know your time is precious. My family and I are avid gardeners and try to live as self-sufficiently as possible. We believe in working hard for what we have and not relying on anyone to provide for us but God and our own two hands. About 3 yrs. ago I was researching our township’s rules on keeping chickens, etc., and stumbled across an underutilized Ohio law found in Ohio Code 519.21.; which makes Ohio State’s agricultural laws stand above township zoning restrictions. This law does not apply to those in cities or villages and only in certain circumstances.  It states:

**519.21 Powers not conferred on township zoning commission by chapter.

(A) Except as otherwise provided in division (B) of this section, sections 519.02 to 519.25 of the Revised Code confer no power on any township zoning commission, board of township trustees, or board of zoning appeals to prohibit the use of any land for agricultural purposes or the construction or use of buildings or structures incident to the use for agricultural purposes of the land on which such buildings or structures are located, including buildings or structures that are used primarily for vinting and selling wine.

About 3 yrs. ago I went to my township to ask if we were allowed to get chickens. I was told by  Lou Ethridge, the township zoning administrator that at the time Miami Township did not allow them but that he received a call at least once a week from people wanting to get a backyard flock. He was working on getting an amendment passed because it would cost the average homeowner $1200 to do so on their own. I began to research changing the zoning restriction to allow backyard chickens and found that most of the cities around us already allowed them including Milford, Loveland, Maderia, and Indian Hill. Montgomery recently added an amendment and has a wonderful document available online to help others change their laws.

After several visits over the course of  2 ½ yrs. the township zoning administrator kept saying that the amendment would go through on the election. However, we were disappointed each time to find that no resolution was even being drafted. Finally, in the spring of 2014 Mr. Ethridge told us to go ahead and get our chickens and that if our neighbors complained to send them to him.

I have been confused on the Ohio law 519.21  for a long time. We really like to work within the law so I contacted the Ohio State Agriculture Legal department to ask for help in defining this law and if we could avail ourselves of it. The experts there are not allowed to give legal advice, per say, but they did clear up the meaning of this law that does, in fact, supersede township law when it comes to agriculture or the building of agricultural related structures in certain circumstances.

**When 519.21 Can Be Applied  1. If you own more than 5 acres, this Ohio law applies to you and allows you to proceed with any agriculture, including animal husbandry.

2. If you have less than 5 acres BUT *and here is where the tricky part comes in* you don’t live in a platted subdivision or your property was not  part of 15 or more lots divided under 711.131, then this law still applies to you.

I live on a little over an acre that has been in my family since the 1940’s. I went down to the Clermont County tax map office and asked what, exactly a platted subdivision was, and we were told it’s  - a regular subdivision. I then asked if our plot was ever divided under 711.131 of 15 or more lots (which I was almost certain it wasn’t but wanted to be 100% sure) and I was told that our lot is an island to itself and has never been a part of any subdivision or division of multiple lots…

**Ohio Revised 519.21 When the township may regulate agriculture (they cannot regulate agriculture if a property does NOT fit in one of these 2 circumstances) (B) A township zoning resolution, or an amendment to such resolution, may in (1) any platted subdivision approved under section 711.05, 711.09, or 711.10 of the Revised Code, (2) or in any area consisting of fifteen or more lots approved under section 711.131 of the Revised Code that are contiguous to one another, or some of which are contiguous to one another and adjacent to one side of a dedicated public road, and the balance of which are contiguous to one another and adjacent to the opposite side of the same dedicated public road regulate:

(1) Agriculture on lots of one acre or less;

(2) Buildings or structures incident to the use of land for agricultural purposes on lots greater than one acre but not greater than five acres by: set back building lines; height; and size;

(3) Dairying and animal and poultry husbandry on lots greater than one acre but not greater than five acres when at least thirty-five per cent of the lots in the subdivision are developed with at least one building, structure, or improvement that is subject to real property taxation or that is subject to the tax on manufactured and mobile homes under section 4503.06 of the Revised Code. After thirty-five per cent of the lots are so developed, dairying and animal and poultry husbandry shall be considered nonconforming use of land and buildings or structures pursuant to section 519.19 of the Revised Code.

Division (B) of this section confers no power on any township zoning commission, board of township trustees, or board of zoning appeals to regulate agriculture, buildings or structures, and dairying and animal and poultry husbandry on lots greater than five acres.

Here is the issue I am now facing: My family and I get along famously with all of our neighbors. My sister and I run a pet sitting business and we go into many homes around us and care for their animals. We have random strangers stop by to tell us they love our yard, all the flowers, the garden, and all we are doing. It’s wonderful to live where we live!  

However, we have one neighbor who recently (as of 2 yrs.) built a house LITERALLY IN OUR BACKYARD, on an irregular angle, (the house does not face the street), facing right into our backyard. In fact, he has an easement that runs the entire length of our backyard. We took steps to try to stop this invasion of privacy that including planting tall grasses and tall privets along our fence. Yet, we left a small section open for our immediate neighbors and their children to come to our fence and chat and pet our dog.

In early spring this year we received a “courtesy violation” that mentioned our chickens, a tent we have housing our lawn/garden equipment, and a pile of wood… Yes, we were cited for a pile of wood. Of course, we never want to make anyone upset and we work hard to make our yard beautiful and aesthetically pleasing. Spring had just come and we immediately set about to do our spring yard clean up faster than ever, putting down mulch, weeding, planting annual flowers, and doing all the cleaning after the paleness of winter.

We then went up to our township administrator and politely gave them a copy of Ohio 519.21 and told them we like to do everything we can within the law and that this law allows for us to have agricultural buildings and keep animals such as chickens. I politely told them that even if it didn’t, the previous township zoning administrator, Mr. Ethridge, (who has recently had been hired on by Goshen), gave us express permission. The stand in zoning administrator told us they would have “legal” look into it after we ran into confusion over the part that stated “or in any area consisting of fifteen or more lots approved under section 711.131 of the Revised Code that are contiguous to one another, or some of which are contiguous to one another and adjacent to one side of a dedicated public road, and the balance of which are contiguous to one another and adjacent to the opposite side of the same dedicated public road regulate:”

After speaking with the County Tax Map Office I was sure of what this meant, “a property that was divided as a group of 15 or more”, but the outgoing township admin, Larry Fronk, (who is now retired as of 5-29-2015) was quite confused.

I then went home to look up Ohio 711.131. once again. 711.131 Approval without plat.

It is a law pertaining to division of land by approval without a plat and my property does not fall in this category, especially considering it was never part of 15 or more lots in a division.
http://codes.ohio.gov/orc/711.131

Over the course of the next 40 days, our back neighbor, (complainant name), has continued his backyard neighbor spying, and harassment to the township. Because of his pressures, the township has singled us out of 1,000's of Miami Township residents and put us under some sort of surveillance. We know this because we were sited with a second “courtesy violation” May 26, 2015 with a longer list of absolutely ridiculous pettiness. This is violating our right to privacy. After reading the crazy list of supposed violations, we have come to the conclusion that this is not only an invasion of privacy but also harassment. (complainants name) harasses the township and they in turn are harassing good law abiding citizens.

One of the women at the township said that any time “Name”, the complainant, calls her (which we were told is multiple time a week,) he is so abusive to her that she wants to cry. 

Petty Violations

I don't know anyone who has not left a gas can out to be filled the next day, but we, of course, would be the only ones cited for it. One of the 5-26-2015 “violations” was "GAS CAN" not put away. Yet, on the day of the notice the gas cans were actually put away. How did the inspector know any gas can were left out?

We ask that you research it, so you might be able to give Miami Township a call and ask them politely to leave us in peace as the Ohio law is on our side. Neighbor's Name abuse of the township is forcing the township to come and inspect us every other day for some little thing he see, as he violates our privacy and stretches himself to look at our personal land and property on it. There has got to be better things for our paid servants to put their time to. I have driven around our township and have seen 100’s of homes and yards in much worse condition, even with *gasp* a gas can or two left out for a day. I have to smile at the silliness of it all. The complainant recently retired. His kids and grand kids live next door (the ones who are our dear friends, we even give their children Christmas presents). The complainant walks up and down his driveway next to our back fence line NO LESS than 5 or 6 times a day, just staring in to see what he can complain about next.

 When I did present this law to the township, one of the ladies up at the township office who handles complaint calls said to me, “Oh I hope I can use this to tell him to stop calling!” She then said she couldn’t wait to get some fresh farm eggs!!

Thank you for taking the time out to consider helping us out.

Sincerely,

Signature,

Name typed 

God Bless You!  

encl: Notice of Courtesy Violation

2 Letters to Miami Township

cc: Miami Township

Community Development Department

6101 Meijer Drive

Milford, Ohio 45150

513-248-3731

www.Miami TwpOh.gov

cc: complaitant and address

phone number if possible

Ohio Agricultural Law Blog: Agricultural Activities Can Be Exempt From Zoning https://ohioaglaw.wordpress.com/2013/05/22/agricultural-activities-in-ohio-can-be-exempt-from-local-zoning/

This is a very good PDF presentation by leading Ohio Agricultural authority lawyer Peggy Hall

http://aglaw.osu.edu/sites/aglaw/files/site-library/OH%20Zoning%20Law%20%26%20Ag%20PPT.pdf

This is also another good  explanation of the Ohio agriculture law by Peggy Hall

http://www.ohiotownships.org/sites/default/files/Zoning%20and%20Agriculture.pdf

A Letter to Miami Township and its Citizens

                                                                                                             Leah  Name
                                                                                                             l Rd.address
                                                                                                             st,   zip
                                                                                                             phone
                                                                                                             date

Miami Township
Community Development Department
6101 Meijer Drive
Milford, Ohio 45150
513-248-3731
www.Miami TwpOh.gov

To whom it may concern,

 Response to "Courtesy Violation Notice" received  May 26, 2015 at the above address.

We would ask that you  please do not tape any more of these notices on our property.  Get a warrant before coming on the property.  It is clear by the pettiness, immaturity, and nit picking of the grievances that this is government harassment and not a letter of proper accusations of crimes committed by a citizen.  To use the government power and position to harass private citizens is an abuse of power and is against the law.

If you would like to charge us with a crime, please state the name of the crime, what specific law, with its corresponding code or number, that we are breaking.  We are very honest, law abiding citizens and we expect the township to be law abiding citizens as well.

Courtesy Violation Notice complaint:
Miami Township is guilty of surveillance of a private citizen without cause, invading our privacy and trespassing. Only Homeland security can put someone under surveillance without proof of cause.

I will now address each accused "violation", as listed on notification:

10.)  There is no law that states a gas cannot be on the lawn or driveway when in use.  The law must give at least 30 days, (reasonable time frame), to put the can away in a proper location. One leaving their gas can out a couple days is not a crime. In our case they were empty and we had them there to remember to take them with us the next time we went to the gas station.  I'm sure there have also been other times the cans have been accidentally left out, this is not in violation of any law or even courtesy. The government is not the parent or guardian of private citizens and cannot tell them to bring in their gas cans when forgotten. The government is way out of it's proper function and role to the citizens of Miami Township in this "Courtesy Violation Notice." What is even more shady is that there was not one single gas can outside the day the notice was tapped to our door. In fact, it had been several days since the gas cans were filled and put away. How can you site someone for something that is not actually happening. This leads us to rightly believe you are either stalking our property and/or relying on a vigilante neighbor's made up complaints.

I do expect more professionalism out of the township.
Direct your communications to us in a legal, respectful and lawful manor- treating us as equals and not subjects, beneath you, slaves or children.

1.) The Greenhouse is free standing, movable and not a part of the house- although it looks like it. It can easily be lifted to another location.

7.)  All trailers have current tags and license plates.

2.) All structures are portable and can easily move to another location.  We have no storage trailers. We have a horse/cattle trailer with tags. How can you ask someone to get a permit for a 'storage trailer' as if it were a building and then demand they have current road tags? Your complaints are counter intuitive, purposefully confusing, and most unbecoming of a professional organization.

      The legal issue here is: Do people have the right to eat "healthy" food. The obvious answer is most definitely, yes.

       All foods at the grocery store are produced with chemicals even the organics. All animals are subjected to the most inhuman treatment and also subject to hormones and antibiotics.

        We have committed no crime in protecting our food source. The county protects the water resources but no one is protecting our food resources.  Private citizens must do this themselves. The township cannot interfere with my right to protect what I eat. All people are to be treated equally. Individuals have more rights than businesses. The Federal, state, county, township or city government must first punish those who pollute and poison the food they grow and sell to consumers which makes the food unfit for human or animal consumption. You cannot fault or accuse a private citizen of the crime of protecting themselves and using wisdom and discernment when in danger. We see the danger and we are protecting ourselves. On  a mass scale via the internet we are teaching others, (which is the government's lawful reason for existence), to protect themselves by  producing chemical free food, even meat products for themselves.

      The people cannot trust the government to protect and teach the citizens how to protect themselves even though that is it's reason for existence. We have the right, responsibility, and duty to ourselves, families and neighbors, to do everything for ourselves. The township cannot force us to ask others to do things for us when we are quite capable of doing them for ourselves. In this case, produce our own food. I don't need others to feed me like I was a child. The government is working for those who would bring us into slavery to their products and have a monopoly on the food sources, forcing Americans to become sick from all the chemicals engrossed in all the foods.

Our neighbors may call and complain a lot but they are not acting out of a sound mind and state of being informed.  The complainants are acting out of an old fashioned state of simply trusting big companies. Trust the supermarket, trust the big corporations, trust the big corporate owned farms and livestock producers.  This is a very immature, irresponsible, unwise and naive way of thinking.  Our neighbors need to come into the 21st Century.  People in America are switching to homegrown food because Americans are tired of dying of cancers caused by the chemicals is the modern corporate owned food system.

It's no longer the days of unions and corporate big shots.  Today is the day of the Individual rising up and taking responsibility for himself. Where does the food you eat come from? Who is teaching the children?  What in the world are they teaching? People will no longer tolerate Businesses, Corporations, or governments treating them like mere subjects, peasants or ignorant children.  We all receive the same info at a touch of a button. The internet.

As Ms. Michelle Svensson mentioned in her letter here is the law not open to interpretation by the township because it was clearly written so the township would know the law as written clearly. Ohio is not the federal government and is not a dumb state that makes laws that we cannot "each" of us, understand. Please show some respect for the State of Ohio legislators. 

Ohio Revised Code 711.131 which is one of the contingencies of Ohio Revised Code 519.21. In section "B" of ORC 519.21 the township seems to be trying to interpret the following without actually looking up what ORC 711.131 is; this of course is a gross error on the township's part.  

Ohio Revised Code 519.21 Powers not conferred on township zoning commission by chapter.
(A) Except as otherwise provided in division (B) of this section, sections 519.02 to 519.25 of the Revised Code confer no power on any township zoning commission, board of township trustees, or board of zoning appeals to prohibit the use of any land for agricultural purposes or the construction or use of buildings or structures incident to the use for agricultural purposes of the land on which such buildings or structures are located, including buildings or structures that are used primarily for vinting and selling wine and that are located on land any part of which is used for viticulture, and no zoning certificate shall be required for any such building or structure.

B) A township zoning resolution, or an amendment to such resolution, may in any platted subdivision approved under section 711.05, 711.09, or 711.10 of the Revised Code, or in any area consisting of fifteen or more lots approved under section 711.131 of the Revised Code that are contiguous to one another, or some of which are contiguous to one another and adjacent to one side of a dedicated public road, and the balance of which are contiguous to one another and adjacent to the opposite side of the same dedicated public road regulate:

Please note in section "B" of ORC 519.21 where it says "in any area consisting of fifteen or more lots approved under section 711.131 of the Revised Code" The property in question, 5499 Wolfpen-Pleasant Hill Rd. is not, nor has it ever been approved under 711.131. ORC 711.131, as listed below is an approval without a plat, we are in fact, a plat. Section "B" of ORC 519.21 is simply to describe subdivisions, platted, or without a plat. 

711.131 Approval without plat.

(A) Notwithstanding sections 711.001 to 711.13 of the Revised Code and except as provided in division (C) of this section, unless the rules adopted under section 711.05, 711.09, or 711.10 of the Revised Code are amended pursuant to division (B) of this section, a proposed division of a parcel of land along an existing public street, not involving the opening, widening, or extension of any street or road, and involving no more than five lots after the original tract has been completely subdivided, may be submitted to the planning authority having approving jurisdiction of plats under section 711.05,711.09, or 711.10 of the Revised Code for approval without plat. If the authority acting through a properly designated representative finds that a proposed division is not contrary to applicable platting, subdividing, zoning, health, sanitary, or access management regulations , regulations adopted under division (B)(3) of section 307.37 of the Revised Code regarding existing surface or subsurface drainage, or household sewage treatment rules adopted under section 3718.02 of the Revised Code, it shall approve the proposed division within seven business days after its submission and, on presentation of a conveyance of the parcel, shall stamp the conveyance "approved by (planning authority); no plat required" and have it signed by its clerk, secretary, or other official as may be designated by it. The planning authority may require the submission of a sketch and other information that is pertinent to its determination under this division.

(B) For a period of up to two years after the effective date of this amendment, the rules adopted under section 711.05, 711.09, or 711.10 of the Revised Code may be amended within that period to authorize the planning authority involved to approve proposed divisions of parcels of land without plat under this division. If an authority so amends its rules, it may approve no more than five lots without a plat from an original tract as that original tract exists on the effective date of the amendment to the rules. The authority shall make the findings and approve a proposed division in the time and manner specified in division (A) of this section.

(C) This section does not apply to parcels subject to section 711.133 of the Revised Code.

(D) As used in this section, "business day" means a day of the week excluding Saturday, Sunday, or a legal holiday as defined in section 1.14 of the Revised Code.

Amended by 128th General AssemblyFile No.12, HB 363, §4, eff. 12/22/2009.

Amended by 128th General AssemblyFile No.9, HB 1, §640.22, eff. 7/1/2010.

Amended by 128th General AssemblyFile No.9, HB 1, §101.01, eff. 7/17/2009.

Effective Date: 10-29-2003; 04-15-2005; 05-06-2005; 2007 HB119 09-29-2007; 2007 HB119 § 120.03 07-01-2009

Respectfully,


Owner/Resident
Leah Svensson

encl:Notice of Courtey Violation
cc: Ohio State Senator
cc:  Complainant

                           
                                        Isaiah 58 Ministries Educating Government
                                         
                                              The Individual Private Citizens
                                       
                   God given religious freedoms they are required by law to  uphold.

All rights are given to us by God. God blesses our land, he blesses our animals, he blesses our food, and our children.  Government might not be religious but it's responsibility is to protect me, my property, and my religious freedom. I need animals, "livestock" for God to bless them.

Deuteronomy 28 New International Version (NIV)

Blessings for Obedience

28 If you fully obey the Lord your God and carefully follow all his commands I give you today, the Lord your God will set you high above all the nations on earth. 2 All these blessings will come on you and accompany you if you obey the Lord your God:

3 You will be blessed in the city and blessed in the country.

4 The fruit of your womb will be blessed, and the crops of your land and the young of your livestock—the calves of your herds and the lambs of your flocks.

The reason for Government, the township, according to "John Locke", (all America's foundational laws are based on his teachings, Nature and nature's God, Life, Liberty and the pursuit of Happiness,etc.) is to protect each persons land, property,  animals,  crops from those who would kill, steal or destroy any of their property. Governments are not created to be  the ones who kill, steal and destroy my livestock, property, crop, etc.

God says through Peter the reason for government is to punish evil deeds, evil doers and reward people who live holy, pure, wholesome lives. Who's acts and deeds are good according to God's interpretation out of his word, also listed below: 

1 Peter 2:13-151599 Geneva Bible (GNV)

13 [a] Therefore submit yourselves unto [b]all manner ordinance of man [c]for the Lord’s sake, [d]whether it be unto the King, as unto the superior,

14 Or unto governors, as unto them that are sent of him, [e]for the punishment of evil doers, and for the praise of them that do well.

15 [f]For so is the will of God, that by well doing ye may put to silence the ignorance of the foolish men.

16 Live as people who are free, not using your freedom as a cover-up for evil, but living as servants[a] of God.

 17 Honor everyone. Love the brotherhood. Fear God. Honor the emperor.

Footnotes:

Geneva 1599 Bible translation and interpretation. 

1 Peter 2:12

pe1 2:12

        (13) Having your conversation honest among the Gentiles: that, whereas they speak against you as evildoers,               they (14) may by [your] good works, which they shall behold, glorify God in the day of (b) visitation.

         (13) The fourth argument, taken from the profit of so doing: for by this means also we provide for our good                  name and estimation, while we compel them at length to change their minds, who speak evil of us.

         (14) The fifth argument, which is also of great force: because the glory of God is greatly set forth by that means,          by example of our honest life, then the most corrupt men are brought to God, and submit themselves to him.

(b) When God shall have mercy on them.

1 Peter 2:13

pe1 2:13

        (15) Submit yourselves to (c) every ordinance of man (16) for the Lord's sake: (17) whether it be to the king, as             supreme;

       (15) That which he spoke generally, he now expounds in detail, describing individually every man's duty. First,           he speaks of the obedience that is due both to the laws, and also to the magistrates both higher and lower.

       (c) By ordinance, is meant the inventing and ordering of civil government, which he calls ordinance of man, not          because man invented it, but because it is proper for men.

(16) The first argument: because the Lord is the author and avenger of this policy of men, that is, which is set among men: and therefore the true servants of the Lord must above all others be diligent observers of this order.

(17) He prevents a frivolous objection which is made by some, who say they will obey kings and the higher magistrates, and yet condemn their ministers, as though their ministers were not armed with the authority of those who sent them.

1 Peter 2:14

pe1 2:14

        Or unto governors, as unto them that are sent by him (18) for the punishment of evildoers, and for the praise of            them  that do well.

          (18) The second argument taken from the end of this order, which is not only most profitable, but also very                     necessary: seeing that by that this means virtue is rewarded, and vice punished, in which the peacefulness and                    happiness if this life consists.

1 Peter 2:15

pe1 2:15

        (19) For so is the will of God, that with well doing ye may put to silence the ignorance of foolish men:

       (19) He declares the first argument more amply, showing that Christian liberty does among all things least or               not at all consist in this, that is, to cast off the bridle of laws (as at that time some altogether unskilful in the                 kingdom of God reported) but rather in this, that living holy lives according to the will of God, we should reveal        to all men, that the gospel is not a cloak for sin and wickedness, seeing we are free of this sort, that yet we are              still the servants of God, and not of sin.

1 Peter 2:17

pe1 2:17

             (Honour all [men]. Love the (e) brotherhood. Fear God. Honour the king.

       (20) He divides the civil life of man, by occasion of those things of which he spoke, into two        general parts: that is, into those duties which private men owe to private men, and especially the      faithful to the faithful, and into that subjection by which inferiors are bound to their superiors,         but so that kings are not made equal to God, seeing that fear is due to God, and honour to kings.