Ethical dilemma ....

[kai1836]

My family has an office building that I am going to put a snack machine in. There is a soda machine there right now that has been there for 4 or 5 years. Some time ago my mother called the number and asked that it be removed since the operator never got permission to place it there. Some employees in one of the offices wanted it and he just placed it there without making sure it was ok with the property owner( my family) Well when she(my mother) contacted him he proceeded to cuss her out. My father never did anything about it since it was during a time of the year when he is very busy. I never knew about the incident until recently when I asked about putting something in myself. Well I went and called the number on the side of the machine today and it is a sex hotline number.  Obviously this guy put it there and I stopped into one of the offices to see if it was being serviced and they said somebody was there about a month ago. Well since I can't contact him and since he was seriously rude to my mom about it I am planning on going in there and drilling the machine to put my own lock in. I will put my number on the machine so he can phone me. I figure he will call and then I can get him to move the machine. If he's nice he can have the keys if not I'll tell him to go you now where. Do any of you feel this is unethical? Basically he has dumped a full size machine and I will basically be taking it.  I'll probably install a camera there as well so when he comes we can video it if he damages something. My mother isn't a rude person so for him to cuss her he must be a real jerk. 

[ageevending]

Well thats not such an ethical dilemma as a legal one. If the guy has serviced the machine in the last month, he hasn't abandoned it. If you want to service the building move his machine to corner or some out of the way place and put your machine there.

I don't know about your local laws, but to claim abandoned property here in CA, you have to notifiy the sheriff and post a notice, in some counties you have to publicize the notice in a newspaper for 3 weeks.

Whatever you do.. don't drill out the lock or take the money or product.

I would move his machine... put my machine in there, notify the sheriff, and post a notice on the machine that if not removed from the property in 30 days is will be considered abandoned.

[kai1836]

I was thinking since the property owners have requested it to removed and it hasn't that it was already abandoned. Regardless, the machine won't be there for long. Bad business to verbally assault the property owner where your machine is. I'll let the sherriff know as well, he's a family friend. Thanks for the info.

[sbishop]

I would move the machine (turn it backwards or sidaways) That way he knows somthing is going on. Leave a note demanding removal of the mahine or will be placed in storage for a fee.

I would not put my machines on the porperty until his is gone.

[ageevending]

remember it doesn't matter what you think "abandoned" is... its what the law thinks it is. Would hate to see you get in trouble for not knowing the law.

[BudLeiser]

Let the sheriff know there was never permission to place it there. I can't imagine that if someone leaves their belongings somewhere, that we can't just report it and have someone haul it off. It's like trespassing, its just a large object instead of a person.

[coinvestor]

I would think that the guy probably place the machine at the request of one of the buidings tenants. If thats the case the guy may be thinking that he has permission. Is the machine in the common area of the building, or in space that the tenant is renting? Does your lease authorize the tenants to make these request?

Don't go getting in trouble over this. You know that you have the location if you want it. Like was said, turn his machine around, unplug it, and leave a letter hanging on it. Don't drill it, or damage it. It is not yours.

JD

[kai1836]

He knows he doesn't have permission as the building owner contacted him and told him to remove it. He cussed the building owner out and hung up. The machine may already be gone I didn't check today. I know there were some workers there doing a build out for a new tennant and they may have taken care of it. 

[ageevending]

if you park your car in a parking lot, someone told you to move it. Would it be ok for them to open your car and take possesion? No, tow it away to a storage sure.. but damage it no. You have the right to move it, but you also have the legal obligation to prevent damage to it, doesn't matter if he knows or not.

I replace a vendor at a location, and the guy never came to pick his machine up. The owner of the company just moved the machine out to the street and it was vandalized and damaged. The vendor sued owner and me in small claims for the damages, I was released... but the owner who moved the machines, had to pay for the machines contents and damages. Don't get caught up