QLD Consequences of Refusing to Pay Brisbane City Council Fine?

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COLIN UPJOHN

Member
2 March 2017
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Wha?t can the Brisbane City Council do when I refuse to pay a fine imposed for my grass being too long. The house is rented. I have disputed the fine, but they are proving impossible to deal with.

I know it will be sent to another agency, but if I refuse point blank to pay, what can they do? Can they take money from the sale of my house? Can they take money from my bank?
 

Lance

Well-Known Member
31 October 2015
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Hi Colin,

When issued a council infringement notice you will be given 28 days to pay it before a reminder notice is issued, this will grant another 28 day extension. After that the fine will be referred to the State Penalties Enforcement Registry (SPER). The SPER will seek to recover the money.

I would go through the Brisbane City Council Infringement Dispute process Dispute a fine or infringement | Brisbane City Council

They will get their money if you refuse point blank, better to fight it and at least have a chance.
 

COLIN UPJOHN

Member
2 March 2017
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1
Are you the owner or the renter?
No, I am the owner. The house is rented through a real estate agent and there is a Queensland rental tenancy approved contract that clearly states that the tenant is responsible for the maintanance of the grounds.

I pointed this out to the council but they refuse to accept it. Also, I never received any notification, simply a fine they claim they sent prior the warning - but it wasn't sent as certified mail and it was never received.

They claim they were in their rights. They sent contractors, which I believe are private contractors on to my land without prior notice or warning to do an overpriced half-assed job and yet no action was taken against the neighbour whose lawn truly is overgrown and out of control.
 

Rob Legat - SBPL

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16 February 2017
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In regards to the property being rented, the council won't care - you're the rate payer. You can enforce your contract (the tenancy agreement) with the renter to get them to do what needs to be done, but council isn't a party to that agreement.

Think of it this way: Would you tell your bank you can't pay your credit card this month because your friend hasn't paid back that $50 you lent him? The bank can't make the friend pay you.
 
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Rob Legat - SBPL

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Do what Lance said and dispute it. The problem is, speaking very generally, if a notice is sent by pre-paid mail to the correct address (and not returned) it can be considered delivered under the law. It's unfortunate the law hasn't kept up with the decline in Australia Post's services.

State in your dispute that you did not receive the initial notice, and would have complied with it if you had. Of course, you shouldn't do that unless it's true and the council might just check that the terms of the notice have been complied with. If they haven't, it would likely impact their willingness to believe you.
 
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