Enforcement may be necessary to remedy situations which are a danger to public health or are a statutory nuisance. Any action will be carried out in accordance with our enforcement policy.
Download the Environmental Services Enforcement Policy (98kb 6 page pdf)
What is a statutory nuisance?
What can you do?
What can the Council do?
What will the Council do if the nuisance amounts to a statutory nuisance?
Can I take my own action?
What are filthy or verminous properties?
Rubbish on private land
Prevention or destruction of pests
Properties open to unauthorised access
The Environmental Protection Act 1990 Section 79 defines what types of problem can be dealt with as a Statutory Nuisance.
A Statutory Nuisance must be something that is either 'prejudicial to health or a nuisance'. It will be more than mildly annoying and would need to either be injurious to your health or likely to cause injury to health, or interfere with the normal use of your property.
Each nuisance case would need to be decided on its merits and the assessment would take into account the circumstances which would be tolerated by an ordinary, reasonable person.
Types of nuisance are summarised below:
- The condition of land or property*, for example, disrepair, dampness
- Smoke from premises
- Fumes or gases from premises
- Dust, steam, smell or other effluvia from business premises
- An accumulation or deposit, for example, rotting household rubbish
- The place or manner in which an animal is kept
- Noise
*If you are a tenant with disrepair in the house, the council may also be able to take action under the Housing Act.
- Discuss the problem with the person responsible for the nuisance and make them aware of your concerns.
- Speak to other neighbours who may be affected and get them to support your complaint if possible.
- If that does not resolve the matter report it to Environmental Health Services on 0161 253 5566.
- If the nuisance is one that occurs intermittently then keep detailed and accurate records of the incidents on the diary sheets sent to you by the Council.
- Be prepared to make a formal statement and to attend court to support the council if required.
- Be patient. The council will try to resolve the complaint as quickly as possible, however in some cases there can be a delay particularly if the nuisance is occurring intermittently.
Enforcement Officers will investigate your compliant and help you gather evidence to establish whether a Statutory Nuisance is being caused.
We will try to visit when the nuisance is occurring to support your complaint.
We will contact the person who is responsible for the nuisance. Often people take measures to abate the nuisance once they are made aware of the problem. It is only in extreme cases that the council need to take the formal action outlined below.
We can serve a legal document called an Abatement Notice, requiring action to be taken to stop the nuisance occurring or recurring.
We can carry out any necessary work if the notice is not complied with and recover any costs incurred.
In some circumstances we may prosecute if the Abatement Notice has not been complied with. Currently the fines are up to £5,000 (£20,000 if business premises)
Yes, you can make a direct approach to the Magistrates Court if you feel that you are the victim of a statutory nuisance. You can take this course of action if the council do not obtain sufficient evidence to proceed. If the court are satisfied that a nuisance exists or is likely to be repeated the court can make an order directly, compelling the person responsible to reduce or stop the nuisance or carry out works to avoid it in the future.
Simply call in at the Magistrates Office during normal office hours and discuss the problem with an officer of the court. They will explain the procedure and course of action open to you and evidence needed to support your case. Contact Bury Magistrates Court on telephone: 0161 447 8600
Some people find it difficult to look after themselves and their property. This may be for a number of reasons, including, mental health problems, drug or alcohol problems, extreme old age, or physical disability.
The property may become untidy and dirty. In the first instance it would not necessarily be serious enough for the Public Health Unit to become involved - although Social Services or others may be able to offer support.
In some cases the situation may deteriorate to a level where there are personal hygiene issues, smells, accumulations of waste, possibly infestations of rats, mice, flies and there is a real risk to the health of the occupier and others such as neighbours.
We normally become aware of such cases by referral from Social Services or Housing Officers. However, sometimes people slip through the net and are only brought to our attention by concerned neighbours or relatives.
If you are aware of someone who is living like this who may require our assistance then please contact us on 0161 253 5566.
Once we are aware of a filthy or verminous house we will arrange to inspect the property in order to identify work that may be necessary to remedy the situation. This may include:
- Removal of accumulations of rubbish
- Removal or destruction of pests
- Removal of sewage contamination
- Cleansing and disinfection of interior surfaces
- Removal of contaminated wallpaper, carpets, furniture if cleansing is not appropriate
- Essential repairs to the property
A legal notice may be served on the occupier requiring the necessary work to be carried out within a specified timescale. Often they are unwilling or unable to do the work, so the Council can arrange for contractors to carry out the remedial works in default and recharge the costs to the occupier.
We understand that many of the people living in such conditions are vulnerable, and we therefore aim to deal with them sensitively and discretely, offering help and advice, where possible.
The Public Health Unit has powers to deal with accumulations of rubbish on private land that may be a public health nuisance or giving harbourage to rats and/or mice. In some circumstances a notice can be served where the condition of the land may be 'detrimental to the amenities' of the area, for example, an eyesore.
An Enforcement officer will establish who owns the land and require them to clear the rubbish either informally or if necessary by use of a statutory notice.
Failure to clear the rubbish can result in the Council clearing the rubbish and charging the owner and/or the case being referred for prosecution in the Magistrate's Court. The penalty is currently up to £1000.
If there is evidence of Flytipping then the person responsible will be subject to enforcement action.
If a premise or land is infested with rats or mice and the owner or occupier of the land is unable or unwilling to carry out appropriate pest control, then Enforcement Officers of the Public Health Unit can serve a legal notice to remedy the matter.
This may require pest control treatments to be employed or may require certain works to be carried out such as repairs to drains to prevent pest infestation.
If the notice is not complied with then the work will be carried out in default and costs recovered from the person responsible.
If you require pest control advice please contact Bury Metro Pest Control on 0161 253 5566.
Where empty buildings become open to unauthorised access, the Public Health Unit have powers to require owners to board up or seal the premises urgently to prevent nuisance to neighbouring properties. If the owner cannot be contacted quickly the Council can arrange for the work to be done and charge any costs to the owner.
It is important for property owners to regularly check the security or their empty buildings to avoid unnecessary distress to neighbours and the expense of work automatically carried out by the Council.
In an Emergency where domestic houses become insecure, possibly after a break in, a fire, a storm or vehicular impact. Bury Council's out of hours number is 0161 253 6606.
Please only use the out of hours number for real emergencies. Boarding up of empty premises will normally be carried out during daylight hours.
For further information on Public Health Enforcement please contact:
Bury MBC Public Health Unit,
Environmental Services,
Textile Hall,
Manchester Road,
Bury,
BL9 0DG.
Phone: 0161 253 5566.
Fax: 0161 253 5563.
E-mail: environmentalhealth@bury.gov.uk.
On-line: make a comment or request advice.
