Dumping rubbish - Civil or criminal

Discodog

A friend has two neighbours who keep dumping rubbish over the wall & into her garden. She was told, by the Guards, that it's nothing to do with them. So how does she force the neighbours to stop dumping ?

Pete M.

Contact you Local Authority waste enforcement team.

Discodog

https://www.boards.ie/discussion/comment/120000973#Comment_120000973

Not interested as it's private land.

Lenar3556

Escalate within local authority if you are not making progress. The fact that it’s private property is no reason for them not to take action. Indeed most of the work of a waste enforcement officer will relate to privately owned lands.

FREDNISMO

I would have taught there would be a criminal damage element to this, if there is a cost to remove said rubbish.

walterking

https://www.boards.ie/discussion/comment/120007612#Comment_120007612

yes they are. Makes no difference in terms of council. Its littering.

If you litter your front garden, the council can take action - but not gardai. If you litter private land, council can take action if its considered dumping (which this sounds like) and will bring unwanted attention on the neighbours

"If a local authority can find out who owns material that has been illegally dumped, the owner can be prosecuted, even if they haven’t been caught in the act of dumping. In addition, local authorities can require you, as a householder or business operator, to say how and where you are disposing of your waste. They can do this if you do not use a refuse collection service or bring your waste to an authorised disposal facility."

Discodog

https://www.boards.ie/discussion/comment/120008760#Comment_120008760

Of course there's a cost. It's clear who is dumping, they are literally tipping stuff over the wall.

Discodog

The Council have stated that it's not their issue & to call the Guards. The Guards say that it's a civil matter & to contact the Council.

walterking

if there's any identifiable items such as letters / bills, receipt with club card numbers etc - put this into a bag with some other rubbish thrown over and dump on the roadway.

Or build a higher fence and also throw rubbish back and some more

Peregrinus

https://www.boards.ie/discussion/comment/120008760#Comment_120008760

Not everything that costs you money is "damage" so far as the offence of criminal damage is concerned. For the purposes of the Criminal Damage Act 1991 the neighbours are only damaging the OP's property if what they do destroys, defaces, or dismantles it, renders it inoperable or unfit for use, or prevents or impairs its operation.

So if they ploughed up the lawn, or burned the plants, or demolished the shed, or poisoned the flowerbeds, that would be "damage" so far as the offence of criminal damage is concerned. Simply leaving something in the garden that they are not entitled to put there, but that can be removed, is not "damage".

Discodog

They are dumping old plant pots, fire ash, etc. It has to be removed as it's impossible to cut the grass with it there.

Esel

I would collect the rubbish and leave it on their doorstep.

Kimbot

Well if the council and the guards wont deal with it then setup a camera and catch them in the act, then when you dump said items back in their garden present them with the footage of them throwing it in to your property.

artanevilla

https://www.boards.ie/discussion/comment/120009556#Comment_120009556

Don't do the first suggestion.

Discodog

https://www.boards.ie/discussion/comment/120014950#Comment_120014950

It can only of come from them - not easy to throw turf ash long distances :) It's in a perfect pile with some of it on the top of the wall where it was tipped over.

Peregrinus

https://www.boards.ie/discussion/comment/120015474#Comment_120015474

Turf ash is an excellent fertiliser, especially rich in potassium and phosphates. Spread it around a bit. Particularly good on any vegetable beds you may have.

Kimbot

https://www.boards.ie/discussion/comment/120015474#Comment_120015474

regardless you want definitive proof it was them hence the video ;)

Discodog

https://www.boards.ie/discussion/comment/120018641#Comment_120018641

https://www.boards.ie/discussion/comment/120016663#Comment_120016663

Video is possible but only with a camera pointing at the neighbour's windows. But if a Garda or the Council attended they would have absolutely no doubt where the rubbish is coming from.

Graces7

I had this with a neighbour a few years ago, and the Citizens information people advised . You write to them telling them, in very formal language of course, that you are applying to the Council to get the rubbish removed . NB that letter would cost E20 but I never had to actually go that far. Just the awareness of an official warning.. I did once get a bizarre letter from the man! But it stopped and I never actually had to go as far as court. NB take photos just in case. I think it is termed calling their bluff and for the cost of postage it was a bargain.