Accumulations of waste
The Environment Protection Team has powers to deal with
accumulations of rubbish that may be a public health nuisance. If
an accumulation is likely to harbour or attract rodents, or present
a health risk for humans, a legal notice can be served making the
owner subject to enforcement action. This action can either be
voluntary removal of the refuse accumulation or legal action in the
form of a statutory notice.
If the legal notice is not complied with, the council can
arrange for the work to be carried out in default. If
this occurs, the person(s) responsible for the land would be
then be charged for the cost of the work and they may also
be prosecuted for their failure to comply with the legal
notice.
The
Environmental Health Department has powers to deal with any
accumulation or deposit arising on private, domestic or
commercial property, which is prejudicial to health or a nuisance
(Environmental Protection Act 1990) or is, or is likely to, harbour
or attract rodents (Prevention of Damage by Pest Act 1949).
Where the owner or occupier of the land is unwilling to
cooperate with advice, and informal requests to remove the
accumulation are ignored, the Environmental Health team may take
formal enforcement action and serve an Abatement Notice requiring
them to remove it within a specified period of time.
The scope of the notice will vary, depending upon circumstances
and may also stipulate specific 'works' or maintenance schedules to
keep the land or property free from rodents and in a manner that
will not cause a Statutory Nuisance.
Failure to comply with the Abatement Notice is an offence and
carries a maximum fine of £5,000 if the property is domestic and
£20,000 where the property is commercial.
If the accumulation is not removed in accordance with the
specifications of the Abatement Notice the Environmental Health
Department may carry out one or both of the following;
- Arrange for removal of the accumulation and recover all
reasonable costs incurred (including Officers time) from the person
on whom the Notice was served.
- Prosecute the person on whom the notice was served.
If you would like further information or advice please contact
us.