A large proportion of complaints and enquiries received concern matters which are dealt with under section 79 of the Environmental Protection Act 1990. This section adapted most of the definitions of what constitutes a nuisance as defined under the old Public Health (Scotland) Act 1897.
- accumulations of refuse
- broken drains and sewers
- smoke, smell or dust problems
- other problems arising from dumping or burning.
Nuisance can now include insect nuisance and nuisance from artificial light sources such as floodlights and security lights.
A large number of the complaints are resolved informally by contacting the main parties concerned. Use of legal procedures and notices are normally reserved for problems of a more serious nature or where attempts at informal resolution have proven unsuccessful.
Fixed Penalty Notices in respect of Statutory Nuisances can now be issued following non-compliance with an Abatement Notice. For domestic properties the amount of the Fixed Penalty is currently £150, and for commercial properties £400. If the Nuisance is abated and the FPN paid, no further action is taken. If the FPN is not paid and the Notice not complied with a report may be made to the Procurator Fiscal.
For further information please contact Environmental Health.