Monday, September 20, 2010

The Cancer Metastasizes*


Great Scott! Wave after wave of flotsam and jetsam - vomit from the BDG's illict decades-old catering enterprise - are now spilling over into the street!

I'm guessing the triage** underway is to segregate the pure crap from the flea market merchandise, and those from the piles of shit stored under the Big Top, the latter likely to be dragged along by the BDG's to their future paradise home... far, far, far away. (The farther the better... but wherever that paradise is, it's about to suffer a mortal blow. See definitions for metastasize.*)

Like everything else the hash-slinging potheads do, they don't have the good sense to sneak out of town in the middle of the night; instead they have to trash the neighborhood first.

I wonder if they have a permit for their merchatile display going on the second day now? Flea market... yard sale... garage sale... lawn sale... take your pick of terms; they are all equivalent under the Manteca Municipal Code.

“Garage sale” means a sale conducted by an individual homeowner or occupant of a home, or apartment owners, or occupant of an apartment unit, for the purpose of selling, trading, bargaining, exchanging or otherwise disposing of unwanted or surplus household furnishings or goods, or other tangible property, usually conducted in a garage, on a patio, upon a driveway, or on or in any portion of premises in a residential zone and for which no inventory or permanent or detail records are kept on the transactions thus carried out. It may, at times, be conducted by a combination of residential dwellers at a single location and may take on the nature and character of a rummage sale or a fund raising event for civic or charitable purposes. All sales designated “lawn sale,” “attic sale,” “rummage sale,” “moving sale,” “flea market sale,” or other terms of similar or like intent and having the foregoing characteristics and purposesshall be deemed garage sales. (MMC 17.61.030 Definitions)

28. Garage or Yard Sales. A garage or yard sale may be conducted on any developed lot in an R district, subject to the following requirements:
a. No more than two such sales may be conducted on any one lot in any one calendar year.
b. Each sale period shall be for no more than three days, unless additional time is approved by the community development director.
c. All related signs shall conform to the requirements of Chapter 17.17 of this title. (MMC 17.07.020 Permitted and Conditionally Permited Uses)

Oh, I know. The BDG's will claim it is not a yard sale - yet - because there are no For Sale signs up - yet. But they are fooling no one, because the BDG's have never followed any rules before and the City of Manteca officials don't enforce any of their own rules, especially on these scofflaws.

As Karen Carpenter sung:

I know I ask perfection of
A quite imperfect world
And fool enough to think
That’s what I’ll find.

And I quote an excerpt from my own soon-to-be published legal writings below:
D. Nonconforming and Noncompliant Uses

The rationale advanced in the citations in this section applies to legal nonconforming uses and is couched in that language. It goes without saying that these principles apply - with imperative action to abate - against illegal or noncompliant uses.

In California, "[Zoning] legislation . . . looks to the future and the eventual liquidation of nonconforming uses." [Citation] [Sabek, Inc. v. County of Sonoma, 190 Cal. App. 3d 163 (Cal. App. 1st Dist. 1987)]

Why is that? The answer was outlined [by the court in Gage] in 1954:

"No case seems to have been decided in this state squarely involving the precise question presented in the case at bar. Until recently zoning ordinances have made no provision for any systematic and comprehensive elimination of the nonconforming use. The expectation seems to have been that existing nonconforming uses would be of little consequence and that they would eventually disappear. [Citation] The contrary appears to be the case. [Citation] It is said that the fundamental problem facing zoning is the inability to eliminate the nonconforming use. [Citation] (footnote 2) The general purpose of present-day zoning ordinances is to eventually end all nonconforming uses. [Citation].
“Footnotes, note 2. "It has always been assumed that non-conforming uses would gradually eliminate themselves from the district in which they exist if they were not permitted to expand. Such has not proven to be the case. They not merely continue to exist, but to send down deeper roots. They become clear monopolies and special privileges. Their existence is a continual threat to the conservation of property values in the districts where they exist. The time has come when cognizance should be taken of this situation and provision made, probably in the state law, whereby non-conforming uses may be gradually eliminated under some equitable method of procedure." [Citation] (emphasis added) [Los Angeles v. Gage, 127 Cal. App. 2d 442 (Cal. App. 1954)]
A perfect description of that metastasizing cancer known as TLC Catering, owned and illegally operated by Lynda S Allen and Theresa A Brassey, for twenty-three years on the always-zoned-as-residential property at 810 Fishback Street, Manteca, California - aided and abetted by the lazy, bungling, incompetent fools soaking up our tax dollars down at city hall.

I'm waiting for the multiple (Red, Yellow, and Green) lumpectomies and the proper radiation treatment of this cancer. Which button do you think I'd push?

(from the Natural News site)

- - - - - - - - - - - - - -
* me·tas·ta·size (verb used without object. It's alive!) 1. Pathology (of malignant cells or disease-producing organisms) to spread to other parts of the body by way of the blood or lymphatic vessels or membranous surfaces. 2. to spread injuriously (Ex., Street gangs have metastasized in our city.) 3. to transform, esp. into a dangerous form (Ex., The KGB metastasized after the fall of the Soviet Union. Ex., Truth metastasized into Lynda Allen's lurid TLC fantasy.)

** triage (transitive verb) 1a: the sorting of and allocation of treatment to patients and especially battle and disaster victims according to a system of priorities designed to maximize the number of survivors b: the sorting of patients (as in an emergency room) according to the urgency of their need for care; 2: the assigning of priority order to projects on the basis of where funds and other resources can be best used, are most needed, or are most likely to achieve success. Ex., Nurses do triage in the emergency room. (Fr, sorting, sifting, from trier to sort, from Old French) Rhymes with triage: barrage, collage, corsage, dressage, frottage, garage, gavage, lavage, massage, ménage, mirage, montage, moulage, portage, potage, treillage.

(Great rhymes! I'll have to use some of them soon because a couple, in particular, apply to the BDG's.)

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