When amenity is judged to be harmed
If it is determined by Officers that the condition of buildings or land is having an adverse affect on amenity that is capable of being addressed through Section 215 of the Act, in the first instance we will write to the owner of the land setting out what steps should be taken to resolve the problem, giving a reasonable period of time to allow for this to happen. The time period will inevitably depend on the nature of the works that are deemed to be necessary.
After that time period has passed, Officers will visit the site to establish whether the requested works have been undertaken. If they have not, a formal Notice can be served which will specify precisely what needs to be done to correct the situation, again within a given timescale. It is an offence not to comply with the notice within the specified period. If the requirements of the notice are not carried out in the required timescale the landowner could be fined and have a criminal record.
There is a right of appeal against a notice issued under this section to the Magistrates Court (not the Planning Inspectorate as is the case with Enforcement Notices). Failure to comply with the requirements of the notice constitutes a criminal offence subject on conviction to a fine not exceeding £1000.
We are also empowered to enter land to carry out the works specified in the notice and reclaim costs from the land owner in accordance with our Direct Action procedures.