Media response - hoarding complaints and responses

Published on 14 June 2024

Response to Sunday Mail.

Could I please have a response to the following questions?

1. How many complaints about hoarding has the council received in 2022/23 and so far this financial year?

Council receives hundreds of complaints regarding unsightly properties each year, however the number of properties that meet the criteria of hoarding or junkyard is quite small (less than 10 in recent years). We do not keep separate complaint records.

2. Of these, how many resulted in the council undertaking forced clean-ups of the property and at what cost?

Council undertook three clean-ups of ‘unsightly’ premises in 2022–23 at a total cost of approximately $40,000, and one in 2023–2024 at a cost of $16,000. These costs are recoverable, with mechanisms in the relevant legislation to permit the council to place a debt against the property.

3. How many clean-up notices were issued by the council in 2022/23 and so far this financial year?

Council issued six clean-up notices in 2022–2023 and four in 2023–2024.

4. Has the council taken any legal action against owners of unsightly properties, if so how many?

In the case that council is required to undertake a clean-up (rather than the owner), a legislative process that includes Environment, Resources and Development (ERD) Court and warrant processes is required to be undertaken.

For the period above, there was no specific legal action taken through the courts, i.e. no appeals against the notice or court action where the landowner hindered the council from undertaking works in accordance with the notice.

5. Any other comment the council would like to provide, please include.

Comments attributed to Renee Mitchell, Director Planning

The council administers three relevant pieces of legislation that deal with hoarding. The Planning, Development and Infrastructure Act 2016, the Local Nuisance and Litter Control Act 2016 and the South Australian Public Health Act 2011.

Residents who have concerns about the condition of a property – be it due to its unsightly nature, odours, pests or vermin, or the general condition of the property – should contact their local council and speak to the department responsible for investigating these issues.

While these situations often come to our attention via neighbours’ concerns, these matters are often complicated due to mental health issues. As such, the council’s preferred approach is to work with the property’s owner or occupant to provide education and support, and to connect them with any community services or support programs they may be eligible for. The aim is to enable them to resolve the issues without the need for enforcement.

In cases where cooperation is not forthcoming, or matters have been ongoing for an extended period of time, the council has a range of enforcement options at our disposal. These include enforcement notices, expiations, and civil and criminal enforcement proceedings through the ERD Court.

When enforcement notices or court orders aren’t complied with, the council can – in some cases – undertake the required work and then recover the reasonable costs associated with the work from the occupant or owner of the property.

ENDS