The City has filed
prosecution proceedings in the Magistrates’ Court of Victoria against the Owners
Corporation of the Belchers Corner buildings.
The prosecution
proceedings have been issued against the Owners Corporation under the Building Act 1993 for failing to comply
with Emergency Orders issued by the Municipal Building Surveyor (MBS).
The
City has attempted to ensure compliance with the demolition Emergency Order via
numerous meetings with the Administrator of the Owners Corporation.
No tangible progress to comply with the
Emergency Order and demolish the Belchers Corner building has been made by the
Owners Corporation.
The court has
set down a first mention hearing for Wednesday 20 November.
The MBS issued
an Emergency Order for the demolition of the Belchers Corner building on 7
September 2018.
Another Emergency
Order was issued on 6 November 2018, requiring immediate works to stabilise the
building, which is situated on the corner of Moorabool and Ryrie streets.
When the owners
of the building were unable to comply with the November order, the City
undertook the stabilisation works in the interests of public safety.
The works were
completed by the City prior to Christmas 2018, and the building was assessed as
stable by independent civil engineers.
The cost to the
City to date for stabilising the Belchers building is about $1.3 million.
The City has
also initiated debt recovery against the Owners Corporation for the cost of
works undertaken by the MBS.
Director Planning,
Design and Development Gareth Smith
The City
identified the risks posed by Belchers Corner building and took the necessary
steps to protect public safety by issuing emergency orders. However, the
Owners Corporation has failed to comply with those orders and the City has
borne the costs of works to ensure the building does not pose a risk to the
community.
Owners are
responsible for the proper upkeep of their buildings. Those owners who fail to
comply with orders to protect the public will be held to account.
