So...

As I'm sure you're all aware, a friend of mine let me park my 5 ton at his property in Tacoma..

I knew the house was not supposed to be accessed due to lead contamination (old house).

Well, I'm there working and clearing out brush and cutting down trees, and TPD shows up with health dept.

Health dept basically says it's not just the house that's off limits, the entire property is, and threatened me with arrest for trespassing if I didn't leave.

They didn't let me get my 5 ton or ambulance.

Things were tense there for a bit but a friendly face showed up (you know who you are, thank you), and calmed things down.

Now I gotta fight with the health department to retrieve my 'contaminated' property, including my 5 ton, all my clothes, food, etc. I literally have shorts, a shirt, my phone,and my wallet... And nothing else...well....my maintenance truck...

I would wait till dark, then retrieve truck. Someone is likely watching you in the neighborhood. So I would make one quick trip in and out. Also I would try to leave off the flashing lights and sirens.

The government is your friend. Why are you resisting their efforts to govern you?

er, I mean haha

LOL.

That's funny...

When they come after you about the truck missing, act surprised and scream "OMG my truck has been stolen and you are responsible!"

Can your friend locate the paperwork from the Health Department declaring the lead contamination?

Oftentimes, city/county paperwork isn't filled out correctly or completely; perhaps they didn't include all of the property, if their goal at the time was to keep people from living in the house.

Maybe there is a loophole in that paperwork.

Just a thought...

This was 10 years ago. He was never served. They just 'declared it' then posted it as unfit.

I've been reading.

Apparently the health dep't can say something is unfit for use, and the burden of proof is on the owner to prove it's not true. Which means thousands in testing and administrative fees for hearings/reviews.

I'm still trying to figure out how they're legally allowed to prevent me from accessing my property, or prohibiting the land owner from entering his own property.

I think I'm gonna pull my 5 ton out and park it on the street in front of the offending party's house. I got 14 7 days before I have to move it....another 5 feet forward...

Nothing like a 2 story green brick in front of a single story ranch.... I'd basiically obstruct their entire house...


I just love how the gov't is supposed to help, but holds my property hostage, giving me no clothes, not even a blanket, and basically says 'fuck you, deal with it'....

I gotta go think about something else for awhile before I get even more upset and decide to find alternate uses for a 40klb truck .....You're gonna kick a man while he's down, essentially steal his shit, and claim you're helping?! Woosah..... woosah.....

Edit to clarify: I have no ill will against TPD, they're just doing their job, despite things starting off a little shaky we walked away shaking hands and on a positive note, so I'm Ok with that, it's the health dep't that's basically saying 'tough, deal with' while smiling and acting like they're saving my life or something.....

WAC 246-205-560
Notification of contaminated property.

(d) In any hearing concerning whether property is contaminated, the property owner has the burden of showing that the property is decontaminated and meets the decontamination standards of WAC 246-205-541.




and I have an exemption in trespass, because it's an affirmative defense that I had permission from the owner to remain on the premises.... But that's after a trip to jail and court bullshit.

What I was getting at was the origin of the declaration; what caused them to declare it was contaminated?

If it was air, then it seems the other houses around would be affected, too.

So if it wasn't the air, but something done inside the house, maybe the property isn't included and your stuff is free, and you should be able to get to it to retrieve.

Either way, could be a blessing in the long run. You don't want lung problems down the road, ask me how I know...

Long story. 10+ years ago he allowed a 'down on their luck' couple move in, and only pay utilities (spare house)... They didn't pay ANYTHING... he took them to court after a year....they contaminated the property (ground) with lead because condemned properties can't be rented and can't charge rent, and that's retroactively applied... Turns out they did the same thing to their previous landlords, and the landlord after him......

So, they live somewhere rent free for a year then get the city/county to declare it contaminated and they don't have to pay shit.

The property owner is still stuck with the cleanup.

He paid for a survey 10 yrs ago, and had a cleanup plan approved by the city, and they demanded he remove shrubs/brush/etc.... which I was doing.....But apparently SOMETHING changed.....


The EPA stepped in and said contamination levels aren't high enough, it's not a fed issue, meanwhile city said it was EPA forcing them to take action.....

Gotta get a permit to remove the soil, remove 2ft of topsoil across the property, and fill it with fresh dirt, then have another survey performed.... You're talking 10 grand EASY... IF the city/county approves it, which they did, but now apparently changed their minds?

Sounds like a pretty shitty deal. Not sure why any reasonable person would not allow you to have your vehicle/property back and just tell you to leave the property. Sounds like you may have run into a real jackwagon having a bad hair day or someone with an agenda.

Is your truck and property still located on the condemned premises or did they impound it? Maybe look into seeking out the supervisor of whomever separated you from what is rightly yours.

I wouldn't wish your predicament on anyone. Sincerely, if there is anything I or we (the Waguns collective) can do to help you out, please let me know.

Wow, what losers, I can't imagine.

I'd still find 'em, and, well, never mind....

I was working the legal angle because I had to decontaminate some property in Seattle for someone.

I have the final report in multiples, in case anybody loses it.

I can either risk arrest and get my shit, hoping the asshole neighbor who complained at first doesn't call TPD..... or I gotta wait til Monday at minimum.

The guy said I couldn't even ask to get my own stuff out, the property OWNER had to... Yeah, the property owner had to request that I be allowed to remove MY vehicles..

They will NOT be impounding my shit. Hard stop. Period.

They had a complaint, and the specifics of the complaint and subsequent findings in the report mean that the observed items in the complaint were only visible from a certain house.... The same house that the NEW owner (only been there 3 months) offered to buy the house dirt cheap knowing its status, and was declined... The same neighbor I helped clear out blackberry bushes on the property line (hers) that she wanted removed....