Agenda - Council - 03/13/2012 - Special

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• Two operational motorcycles, a 1968 Honda and a Kawasaki 500. • Two operational snowmobiles. • Several shovels and rakes all in useable condition. • Operational wood chipper. • Four operational bicycles and -one operational tricycle. • A snow sled used by Appellant's granddaughter. • Three rain barrels. • Several tarps. • • A small • building and its contents, which included an engine stand an engine, a transmission bell housing and an automatic transmission for the engine. 1 8. Appellant testified that, in addition to the items already mentioned, three vehicles were taken from the Property. These included a licensed and operational 1964 Volkswagen Bus, a licensed and operational 1970 Chevrolet recreational vehicle, and an unlicensed but operational 1984 Dodge Colt Vista. Appellant testified that all three vehicles were parked in the driveway. In addition to the automobiles, Appellant testified that an operational 1950's tractor was taken from the Property. Appellant testified that he used the tractor to plow snow out of the driveway. 19. Appellant did not offer to prove to the police officers or Remove -All employees that any of the items mentioned above were operational, nor was he asked by anyone, including Captain Dwyer and Sergreant Palpham, if the items were operational prior to their removal . 20. Appellant testified that Remove -All damaged a number of his items of personal property during the abatement process, including a smoker unit, a grill, the skis on a snowmobile, and 1 Appellant testified that both snowmobiles were operational, even though a small tree was growing up through the front cowling of one of them. Appellant considered this snowmobile operational because the bumper could be removed, freeing the snowmobile from the tree so it could be used. 2 Appellant classified this as a `building," but it is evident from the photographs in evidence that it is a shell of an old shed or porch in poor condition. There are no windows enclosing the structure. 3 There is some dispute as to whether any of the vehicles, motorcycles, or snowmobiles were in fact operational. Small trees were growing through the bumper of a snowmobile as well as through the fender of the. 1964 Volkswagen, Bus, indicating that they had not been moved for a: number of years. Appellant testified that they were operational but was not given the chance to prove this to anyone on band. The caption under many of Captain Dwyer's photographs state that the vehicles were not operational. 7