Michael Teys of Teys lawyers: No need to go anywhere near the CTTT on this one . The lot owner has breached the SSMA by leaving his lot in this state which is interfering with the way others use their lots and the common property. The OC has the power to enter the lot and do work ( ie clean the lot) and can send the bill to the owner concerned. I would recommend the entry be made in conjunction with the police and or health authorities but if they wimp out as they sometimes do in these cases , then go in anyway and take a solicitor with you to record and document the event. You do not need a CTTT order to make this happen. The most relevant sections of the Act are are 63 (4) and 65 (1) (a).
If one reads s 63(4) and then s117 1(a) it seems pretty clear the OC can waltz in a clean up this unfortunate situation.
Section 63(4) refers to; work …. in order to remedy a breach of a duty imposed by Chapter 4.
Section 117 is in Chapter 4;
s 117 states; (1) An owner, mortgagee or covenant chargee in possession (whether in person or not), lessee or occupier of a lot must not:
(a) use or enjoy the lot, or permit the lot to be used or enjoyed, in such a manner or for such a purpose as to cause a nuisance or hazard to the occupier of any other lot (whether that person is an owner or not), or
We have a situation like it here. A few owners like to collect what most people consider junk. It doesn't take long for a 2 acre lot to end up looking like the local tip. It unsightly, a haven for vermin and repels buyers looking at purchasing.