Brisbane City Council empowered to act on public health risk posed by Oxley property

A rubbish-strewn property attracting rats and deemed a public health risk has seen a court empower Brisbane City Council to act. SEE THE PICS

A rubbish strewn property attracting rats and deemed a public health risk has seen a court empower Brisbane City Council to act.

Council’s application for a public health enforcement order regarding the Oxley property was heard in Brisbane Magistrates Court.

The court heard council had received numerous complaints about the Fort Rd property as far back as 2016.

A public health enforcement order was granted to Brisbane City Council for the Oxley property. Picture Supplied

Magistrate Belinda Merrin said council had inspected the property three times this year and found the property almost the same “if not a little worse” than previously.

“The photographs and the evidence depicts what is clearly a public health risk,” she said.

“The photographs depict a number of containers of varying sizes that are holding water … brackish and discoloured. There are photographs that depict mosquito or mosquito larva in them.

“The presence of rodents has been noted, and there is in fact a photograph of a dead bat.”

Council lawyer Jac thong said there had been ongoing attempts to engage property owner Pamela Joy Morley, who was not in court, and coming to court “was the last resort”.

Council officers observed rubbish and other matter strewn across the property. Picture Supplied

Ms Merrin said council received a hoarding complaint in 2019 which saw council determine a public health risk existed and ordered her to take action.

the order was not complied with however Morley said she never received it, the court heard.

Further complaints were received and Morley indicated she wished to co-operate with council.

In March 2020 council conducted a public health risk inspection after a warrant was obtained.

The property was deemed a public health risk. Picture Supplied

“The officers observed … hoarded material being stored beneath the house, as well as on the veranda, at least three derelict vehicles were visible -two filled with bags of garden waste and newspapers,” Ms Merrin said.

“There was a spa bath containing stagnant water.”

One of three vehicles on the Fort Rd property. Picture Supplied

Council issued another public health order but later that year officers observed the property in the same condition, the court heard.

The order had required Morley to remove overgrown vegetation, dead vegetative matter, buckets likely to hold water and all damage, disused or waste items from the yard.

“This clearly has not occurred,” Ms Merrin said.

Today’s order will allow council to enter the property in a fortnight to remedy the problem if action hasn’t already been taken.

The property. Picture Supplied

Costs associated with the clean up can be added to the landowner’s rates.

The court heard council will also be baiting the area for rats.