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£2,300 bill for Chorley dog dirt order breaches
6:00am Monday 3rd February 2014 in Chorley
A man faces a bill of more than £2,300 after a court heard he regularly flouted an order forcing him to clean up dog waste from his garden.
James Smithies, 22, of Arnold Place, Chorley, pleaded guilty by post to nine offenses of breaching an abatement notice.
Chorley magistrates were told that this was the second time Smithies had been taken to court for flagrantly breaching the notice imposed in 201, under the Environmental Protection Act, after repeated complaints by neighbours that the accumulation of dog waste in his back garden caused smells and flies.
The notice means he has to remove all dog waste from his back garden on a daily basis and thoroughly clean the area with water and disinfectant.
The magistrates heard that Smithies pleaded guilty in February 2013 to seven charges of failing to comply with the notice and was fined £680 by Leyland magistrates and ordered to pay costs of £500 and a victim surcharge of £15.
But only days later complaints started again and while council officers initially tried to encourage compliance reminding him of his obligations, the problem escalated.
The court was told that there were nine further breaches of the notice between June 2013 and December 2013 and that as they follow the previous seven convictions they amount to aggravated offenses.
In pleading guilty Smithies said in his letter he was unable to disinfect the rear yard due to building work and also working long hours at work.
Also he struggled to clean as the days are short but he has now bought a light.
He said he had received no contact from the council since February 2013 so was unaware that there was a nuisance. He was fined £400 for each of the first three offenses, ordered to pay £1,085 costs and a victim surcharge of £40. No separate penalty was imposed for the remaining six offenses.
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