A property owner in west Hull has been prosecuted by Citysafe's environmental crime unit for failing to clean up their property.
On Tuesday 7 July 2009, Raymond William Atkinson, aged 48, of Nectan Close, was found guilty in his absence by Hull Magistrates' Court for failing to comply with a Statutory Notice served under section 215 Town And Country Planning Act 1990.
Mr Atkinson applied to re-open the case so that he could provide mitigation for the offence. However, he failed to attend the second Magistrates' Court hearing and consequently his application was dismissed.
Following this second hearing the court ordered the original fine and costs to stand. Mr Atkinson has been ordered to pay a £850 fine, £476 costs and £15 victim surcharge. In addition Mr Atkinson is being charged £2,480 for works carried out in default by the council. This brings the total cost to Mr Atkinson of £3,821.
This prosecution was brought in response to complaints to Citysafe from the community in August 2008 regarding the condition of a property on St George's Road, Hull, and the effect that this was having on the appearance of the local neighbourhood and the quality of life of residents.
An investigation by an enforcement officer in September 2008 found that the condition of the property was unacceptable and affecting the visual amenity of nearby residents.
An informal letter was sent to Mr Atkinson asking that he cleaned up the property within a set period. A further inspection of the property revealed that no action had been taken. As a result a decision was taken to serve a Statutory Notice under section 215 Town & Country Planning Act 1990 (As Amended).
The notice informed Mr Atkinson of the steps he needed to take and the timescales that the work need to be completed by. It also highlighted that it would be an offence if action was not taken and that this could result in legal action.
A follow-up inspection of the property confirmed that Mr Atkinson had failed to clean up his property as requested. Despite further attempts to contact Mr Atkinson enforcement officers were unable to persuade him to improve the condition of the land. As a result in February 2009 the council carried out the works in default at a cost of £2,480.
Chris Brown, environmental enforcement officer, said: "Resident and the council have identified that properties like this that affect people's quality of life and require action. If left unattended they may lead to a decline in the quality of life and an increase in crime and anti social behaviour."
"Hull City Council tries to work with people to avoid legal action if at all possible and in most instances those involved cooperate. There are instances where this does not take place and this leaves the council little or no option other than to proceed with legal action."
To report a nuisance property in your neighbourhood contact Citysafe on 300300.