Frankston Council to sell house after rate row

FRANKSTON Council has taken the extraordinary step of moving to sell a house after its owners did not pay their rates.

FRANKSTON Council has taken the extraordinary step of moving to sell a house after its owners did not pay their rates.

Council chief executive Dennis Hovenden said officials had been negotiating with the owners of the Carrum Downs property for 12 years to recover unpaid rates.

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"We've shown great patience in this matter, as under the Local Government Act we can legally recover unpaid rates after three years by selling the property,'' he said.

"We have a duty of care to collect rates on behalf of our community and we need to support our residents who do the right thing.''

Council is appointing a real estate agent before going to auction.

Mr Hovenden said the last residential property sold by council for unpaid rates/charges at an auction was a property in Edna St, Frankston South, over 30 years ago.

Ratepayers Victoria president Jack Davis said he did not believe the council had the legal authority to sell the property.

"They can't do it legally, but they get away with bluff,'' Mr Davis said.

Mr Davis urged the owners to seek legal advice.

Ratepayers Victoria constitution and Local Government committee chair Peter Olney said the council was acting with "total impropriety" and challenged the validity of Local Government Act 1989 under which the council was moving to sell the property.

But Municipal Association of Victoria president Bill McArthur said rating was a legal process under the Local Government Act and this action by Frankston Council was a "last resort".