Raul Mendez v. City of Boise, Idaho, et al.
DueProcess
Can local government entities take adverse actions against its citizens without Due Process for not using the provided utility services?
No question identified. : 1) Can local government entities take adverse actions against its citizens without Due Process for not using the provided utility services? 2) Can a Federal Court subject a Pro Se Complaint alleging municipal liability under 42 USC 1983 to a heightened pleading Standard? 3) Should Pro se parties be allowed an opportunity to amend their complaints alleging violations under the 1983 Statute? STATEMENT OF CASE The Idaho Legislature has passed laws authorizing local government entities to write Ordinances making the use of utilities mandatory. Currently, all cities/counties make trash, sewer, and water mandatory. Some local governments have separate billing for each utility and others have them all in one bill. The Legislature has ensured the local governments get their due by authorizing they certify the nonpayment to the residents property tax roll.however, it is important to point out that the Idaho Legislature has not authorized local government entities to certify to the property tax roll for unused services. Neither the Idaho Laws nor the Ordinances have written in them an administrative procedure where residents can contest the billing prior to the certification to the property tax roll, or prior to any other collections attempts such as lawsuits by the government. The current situation in Idaho is such that local governments supposedly have waiver applications of mandatory service for things like vacancy, but it's clear that as long as customers fear the threat of government lawsuits or their home property taxes going into delinquency that the entities know that they can deny applications and customers will pay for unused services in order to avoid the prospect of tax deeds and losing their homes. Idaho Code 31-870 (1), Idaho Code 31-870 (2), Idaho Code 31-4404, Idaho Code 50-1008, Idaho Code 63-902 (10) are the Statutes that have granted blanket authority to Counties, Municipalities and other local governments to make services mandatory such as trash, sewer, water, etc. Local governments in turn have drafted ordinances such as Boise City Code 8-11, , x Boise City Code 10-2-11-3 that enforce mandatory services regardless of the fact that the services are being used or not, or ability to pay. It's also important to point out that in Idaho trash services have been made mandatory as a direct result of monetary donations and other incentives given by private contractors to local politicians. REASONS FOR GRANTING CERTIORARI 1) The history of this case. Mendez has spent over two years communicating with the City of Boise staff in regards to what they claim is a mandatory 'base fee' for an unused sewer. Mendez has received a number of inconsistent and misleading information regarding the base fee for sewer. Mendez home in Boise is currently vacated since he takes care of his disabled mother at her home; so that she is not institutionalized. Because his home is vacated there is no sewer usage. Notably, Boise has a precedent of waiving other utilities for unusual circumstances including customers not residing at their home in Boise, and Boise has told Mendez that the base fee for unused services can be waived as long as he pays to plug an unused sewer, _ On 5/4/2017, Mendez submitted the ‘Residential Request for Vacancy Status application." The Terms and Conditions indicate among other things the following: 2) No Sewer or Trash services will be used while the property is in vacancy status.5) If the city of Boise determines sewer or trash service has been used or trash and/or recycle carts are set out while the property is vacancy status, I agree to pay occupied rates for the entire vacancy period. However, there is nothing under Terms & Conditions indicating that residents are responsible for paying a ‘base fee' for unused services while property is vacant. Mendez contacted both the Mayor and the Boise City Council requesting the base fee on an unused sewer to be removed on a vacant home. He received no r