VIC Bill for forced clear - latrobe city council

[Falcongirl]

Hello

I received by phone a call from local council a directive to trim conifers trees along a fence line.

Didn't understand what the officer wanted, had to ask him twice.

The directive was to trim to the property line.

I have proceeded to trim the confers.

On or around January 2022 council have entered the property and completed "a forced clear" of the conifers trees.

I now have a bill for the forced clear.

My question is what right does council have to attend my property to do this?

Can council attach the invoice for the forced clear to my rates (as the have in this instance)?

I have a number of witnesses who have witnesses me trimming the conifers, including 2 members of Victoria Police who pulled me over when disposing of the green waste.

I have asked for an internal review into the matter with no success.

What action should I take now?

 

[Rod]

You now have three choices:

1. Pay the invoice
2. Have a lawyer review whether you have grounds to take the Council to court for loss and damages
3. Do nothing

Councils have a very wide scope of power, however they need to exercise it properly. And yes, they can put charges on your rates notice, which if unpaid eventually allows them to sell your property.

Did they get any kind of VCAT or Court order allowing them to clear the trees?
What legislation/code were you offending that they quoted to you in writing PRIOR to clearing the trees?

 

[Falcongirl]

You now have three choices:

1. Pay the invoice
2. Have a lawyer review whether you have grounds to take the Council to court for loss and damages
3. Do nothing

Councils have a very wide scope of power, however they need to exercise it properly. And yes, they can put charges on your rates notice, which if unpaid eventually allows them to sell your property.

Did they get any kind of VCAT or Court order allowing them to clear the trees?
What legislation/code were you offending that they quoted to you in writing PRIOR to clearing the trees?

No there was nothing provided to me but the phone call.

My understanding is that the call came in on the 8/11/22 Monday following a complaint from snap send solve app.

I cleared the trees on Friday.

Police pulled me over Saturday.

Council inspection was 2 weeks later

Forced clear was in January

Bill for the forced clear arrived in February.

I asked for an internal review into the matter with no success.

I do believe that this forced was retaliation for asking to speak to CEO over a cat hoarder issue.