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Thanks for all your assistance with previous question. My…

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Thanks John for all your...
Thanks John for all your assistance with previous question. My son has been to see someone about issues, and feels much better about the situation, as do I. Still yet to receive a summons.
Are you able to answer questions relating to Local Government Law (Gold Coast) particularly in relation to Right of Entry and the clean up of an unkempt property?
Submitted: 7 months ago.Category: Australia Law
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Answered in 2 minutes by:
1/4/2018
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,518
Experience: Principal Lawyer at Legal AU Pty Ltd
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yes I can assist you with your new questions.

Please tell me more about this new issue ?

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Customer reply replied 7 months ago
Haha, there are lots at this house! We live on acerage and a neighbour complained about our property to council back in April 2017. My partner is a hoarder, and lots of accumulated building materials around the house. Combination of factors meant that the many attempts at clean up hasn't happened as quick as we would have hoped. We did have skips to take away deteriorated materials, but that didn't happen quick enough for council. They issued us with a Reasonable Entry Notice, and proceeded to clean up the property using a contracted business. Yes, the property needed cleaning, but the contractors were given direction to dispose of everything. There was no regard for anything that may have been for our own use, and if it was not of 'commercial value' it was disposed of. An example was that we were gifted a washing machine and fridge that were virtually new, that they threw away. It was stated that I have no rights when issued with a Reasonable Entry Notice. The whole clean up has been handled poorly.
Solicitor: John Melis, Lawyer replied 7 months ago

where there has been an excessive or unwarranted removal of items that should not have been taken away then you may bring a claim against the contractors and the council jointly for the loss.

the challenge in your case will be to detail the items as precisely as possible.

the claim should firstly be issued in writing as a complaint and then proceedings commenced in QCAT.

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Customer reply replied 7 months ago
I have submitted a Right to Information Request. Also sent a lengthy letter to the Director of Environment and the local Councillor. I have taken photos and itemised items disposed of. The officers stated that I had no right to negotiate and the contractors were not to speak to me. There was an an aggregration and accumulation of materials, which had deteriorated beyond usefulness. But many items that were accumulated for future house improvements and also recreational activities. If it was not of commercial value and store appropriately, they disposed of it. I questioned what a reasonable timeframe was I couldn't see any specified information under the leglisation or local policy. I also questioned what appropriate storage of materials, and what criteria was specified for commercial value under the leglisation. Council officers stated that it was determined by them.
Because of the letter I sent to the Director, we are meeting tomorrow!
Solicitor: John Melis, Lawyer replied 7 months ago

I recommend that you carefully document every aspect of the meeting discussion as this will also form part of the claim you raise on the basis of the council comments.

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Customer reply replied 7 months ago
Thank you. They did say I have no rights, would that be correct?
The leglisation stated that I have a right to a hearing between the council, the complainant, myself and an independent party, which was never stated. Would that be correct?
There were numerous 'informal' meetings between officers and myself. I repeatedly asked for these 'meetings' to be documented and add the to the file.
The cost of the cleanup will added to the rates bill. I have yet to receive quote. Surely I have the right to request a written an itemised quote, given there was skip bin hire, machinery hire, and labour costs.
It was also stated that a council offer would be onsite daily all day....that never happened. The officers would be onsite, and sometimes they would come to the door, and other times they didn't.
Solicitor: John Melis, Lawyer replied 7 months ago

yoou will have rights where the contractors have acted recklessly in removing valued contents from you property without just cause to do so with the order issued by the council

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Customer reply replied 7 months ago
Thank you again. Again, whilst the property required a clean up, we are $1000's out of pocket on top of the clean up bill.
What is just cause to do so?
Solicitor: John Melis, Lawyer replied 7 months ago

this is where your claim needs to focus on the loss that you have incurred so you can recoup those losses

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