The City does not support or authorize the cleanup in any way - but will not interfere. The Prosecutor does not have any objection which would need to be enforced by MCPD, nor do I, as we have made it explicitly clear that this cleanup is strictly between Mr. Shipley and the people who are doing the cleaning - and does not involve the City in any way. As the City is not condoning or authorizing the cleanup, any claim Shipley may have would be limited to those individuals doing the cleanup. Shipley's attorney acknowledged that Shipley had authorized individuals to do a cleanup, and it was made clear to his counsel (by me) that the City did not condone any cleanup not conducted by the City - and pointed out that the cleanup may very well be contrary to the order which will be handed down by the Court. The City is not supporting the cleanup in any way, will not be providing labor or equipment, and will not take any steps to interfere with the cleanup unless a complaint is made by the property owner for trespass.
The City is simply not a party to this transaction, strictly denies any involvement, and any action against the City which MMIA would need to defend should be disposed of by summary judgment given the above facts.
The City only had a couple of hours notice of this cleanup effort (as none of the City Staff who are involved in the Shipley matter were notified that it was being arranged, with the first notice I was aware of coming in mid afternoon through citizens contacting me to inquire whether the cleanup was City sanctioned - and I was on the road at the time). Had we been given some meaningful notice, a more prepared response would have been possible.
Again, any cleanup action taken is at the risk of those involved. This has been an ongoing matter (this particular action having taken a year) which I would prefer to have carried out in full by the City, pursuant to the Court's order. In the event partial cleanup is completed tomorrow, the City will still undertake its own cleanup in accordance with the Order.