Appendix B

Neighbourhood Enforcement Team

Quarterly Performance Report

1^st July – 30^th September 2022

CALLS FOR SERVICE

ENFORCEMENT ACTION

Community Protection Notices (for various anti-social behaviour offences)

50 Warnings issued

4 Notices issued

Dogs

2 dog fouling FPNs issued

8 micro chipping notices issued

Stray Dogs picked up and kennelled (by contractor)

July 11

August 9

September 10

Domestic Noise

168 warning letters issued

7 Abatement notices served

Domestic Waste Presentation

562 Notices served

Duty of Care in respect of Waste - Domestic and Commercial

12 warning letters issued

2 Notice served requiring production of waste carriers licence

5 Notices served requiring production of waste information

3 Fixed Penalty Notices issued for non-production of the above.

Fly-tipping

32 warning letters issued

5 Fixed Penalty Notices served

Street urination

3 prosecutions

Unauthorised encampments

6 caravan encampments dealt with by use of Direction to Leave Notices.

Fly posting

1 FPN issued

Prevention of damage by Pests

2 notices issued

PROSECUTIONS

Legislation

Nature of case

Court outcome

Environmental Protection Act 1990

Noise - Breach Abatement Notice

11/07/2022

£120 fine

£500 costs

£34 victim surcharge

Local byelaw prohibiting defecation/urination in public places - made 6^th April 1998

Street urination

19/08/2022

Fine £500

Costs £573.63

Victim surcharge £50

3	Local byelaw prohibiting defecation/urination in public places - made 6^th April 1998	Street urination	19/08/2022 Fine £100 Costs £488.41 Victim surcharge £34
4	Local byelaw prohibiting defecation/urination in public places - made 6^th April 1998	Street urination	19/08/2022 Fine £70 Costs £488.41 victim surcharge £34
5	Environmental Protection Act 1990	Fly-tipping	19/08/2022 Fine £440 Costs £697.22 victim surcharge £44
6	Environmental Protection Act 1990	Breach of Community Protection Notice	02/09/2022 Fine £1,000 Costs £1,017.42 victim surcharge £100.

CASE STUDIES

City Centre – empty shop doorways

The Neighbourhood Enforcement Team have been working closely with Housing Navigators, the York Business Improvement District and the Neighbourhood Policing Teams to identify shop doorways which are being misused and left unsightly. Support services are offering accommodation support to individuals who may be sleeping in the area in the first instance. Advice is then being given by officers to those rough sleeping in doorways to keep them tidy and look after them. Ongoing problems having an impact on neighbouring businesses or the public are being investigated by our service. Owners of buildings are being contacted with options for cladding and wrapping provided by the BID to enable our cities streets to continue looking their best.

Breach of Community Protection Notice - Dog Fouling

Ms S, a home-owner, owns 2 dogs in the Acomb Ward. A Community Protection Notice was issued to her in August 2020, due to the failure to remove dog faeces from her back garden. The CPN conditions required Ms S to accompany her dogs whilst in the garden and remove the faeces immediately. The dog fouling caused flies and odour, therefore preventing her neighbour from enjoying her own back garden.

However, Ms S continued this behaviour and evidence was gathered by the neighbour over a 9 month period, mainly during the summer months. Dog faeces would remain outside for sustained periods of time.

A case was put forward to the court for a breach of the CPN by NEO Suzanne Brunton. Ms S was found guilty in September 2022 by York Magistrates court, she was fined £1,000 and ordered to pay the council’s £1,017.42 prosecution costs and a £100 statutory surcharge.

Householder Duty of Care – Acomb Wood Shops

A councillor reported waste found next to the recycling bins on the car park of Acomb Wood Shops in March 2022. NEO’s visited and searched the waste, evidence was found for Ms H who lived close by. Investigations took place, however Ms H failed to communicate on numerous occasions. Having provided a no comment interview, a fixed penalty notice was issued for a domestic waste duty of care offence. The FPN remained unpaid and the case progressed to prosecution. In August 2022, Ms H was found guilty York Magistrates Court for the offence of householder duty of care, in her absence.

Ms H was fined £440.00, council costs £697.22 and statutory surcharge of £44.00

Pilot Problem Solving Project

North team NEOs have worked on a problem-solving project led by North Yorkshire Police, which was the first of its kind in York.

The projects aimed to find sustainable solutions to address long term problems around the misuse of the A19 Shipton layby used by visitors taking part in sexual activity in nearby private woodland.

The project took over a year to complete through a democratic process that engaged with local residents, councillors, businesses and stakeholder agencies, including the Council.

The work carried out has resulted in a 115-metre-long metal fence to separate the layby from a private woodland that was a target for ASB. The fencing has been funded through the Office of the Police, Fire and Crime Commissioner (OPFCC) Community Fund.

Addressing anti-social behaviour in a communal garden, Clarence Street

NEOs used their powers under the Anti-Social Behaviour Crime & Policing Act to prohibit individuals from entering private land which was being used for ASB including drug activity, defecation, and rough sleeping.

The NEOs worked collaboratively with residents, Housing services, North Yorkshire Police and Changing Lives to identify and engage with the individuals responsible. Six community protection warning notices were issued, which led to two Community Protection Notices for non-compliance.

The private land was deep cleaned, vegetation cut back and signage introduced to regain ownership of what had become a hang-out for street drinkers.

Working closely with support agencies the individuals involved were provided with guidance and advice to ensure that any needs they had were met and they understood the effects of their behaviour on others. Since the service of the notices, the garden has been reclaimed by the residents and complaints have stopped completely.

Bell Farm spruced up

NEOs worked alongside Housing Management officers and the Public Realm team to help clean up the Bell Farm estate over a two day engagement project.

NEOs assisted with engaging with residents whose gardens were making the area unsightly due to accumulating waste visible from the street, and which can constitute an offence if complaints are received.

The Housing Officer funded the removal of the waste as part of a campaign to improve the area. Some local residents joined the event to litter pick the area.

The event enabled NEOs to ensure that gardens were cleared without recourse to legal notices and was warmly received by residents facing current financial challenges.

Signage on recycling banks

The team have worked with the Waste Management team and Yorwaste to arrange for warning stickers/signage to be placed on recycling banks to deter people from leaving waste on land around the banks if they are full. The signage aims to deter this behaviour by warning that enforcement action could be taken for committing either Duty of Care or fly-tipping offences.

This has been timed to coincide with the Christmas period when use of recycling banks increases.