I own a small LDRZ block and on it I have a caravan on stands and other items, all which sit on the ground, nothing is 'connected with the land'. The items also have no physical connection with each other.
My local Council Officers took it upon themselves to enter my property without notice, via a closed gate, chained but not locked, with a Do Not Enter ,Unless Authorised by Owner sign. They left a single business card with no note. Subsequently, I have been issued with a 'Notice to Remove Structure'.
It's my understanding the Council is required to give 24 hours notice before entering someone's property for the purpose of carrying out any inspection. That if they do so without the owner being present they must comply with the Victorian Building Act 1993 - sect 228D (8) (See below.)
Given there was no notice to inspect, nor a notice of inspection left, are the Councils Officers guilty of trespass? If so, what are my options to prosecute them? Options of invalidating their 'inspection'?
Power of entry
(8) If an authorised person exercises a power of entry under this section without the occupier being present the authorised person must, on leaving the building or land, leave a notice setting out—
(a) the time of entry; and
(b) the purpose of entry; and
(c) a description of things done while in or on the building or land; and
(d) the time of departure; and
(e) the procedure for contacting the authorised person for further details of the entry.
(9) A notice under subsection (8) may be in a form approved by the Authority.
My local Council Officers took it upon themselves to enter my property without notice, via a closed gate, chained but not locked, with a Do Not Enter ,Unless Authorised by Owner sign. They left a single business card with no note. Subsequently, I have been issued with a 'Notice to Remove Structure'.
It's my understanding the Council is required to give 24 hours notice before entering someone's property for the purpose of carrying out any inspection. That if they do so without the owner being present they must comply with the Victorian Building Act 1993 - sect 228D (8) (See below.)
Given there was no notice to inspect, nor a notice of inspection left, are the Councils Officers guilty of trespass? If so, what are my options to prosecute them? Options of invalidating their 'inspection'?
Power of entry
(8) If an authorised person exercises a power of entry under this section without the occupier being present the authorised person must, on leaving the building or land, leave a notice setting out—
(a) the time of entry; and
(b) the purpose of entry; and
(c) a description of things done while in or on the building or land; and
(d) the time of departure; and
(e) the procedure for contacting the authorised person for further details of the entry.
(9) A notice under subsection (8) may be in a form approved by the Authority.
