A Dandenong North resident accused of hoarding says he’s desperately trying to save his “valuables” after the council initiated court action.
The matter was heard at a magistrates’ court on Thursday 1 May and adjourned until 4 June, buying more time for Wally Usachov to get rid of more than 10 years’ worth of hoarding.
He also applied for an injunction.
If a court order is successfully granted, Mr Usachov fears he could be charged up to $100,000 for council contractors to remove offending property from his premises.
Frustrated neighbours have long implored the council to take sterner action against Mr Usachov, accusing it of buying into his repeated cycle of doing minor clean-ups and then collecting more items.
Mr Usachov describes the council’s legal actions as “unfair” and “not right” especially after he had made efforts to clean up the front of the premises – previously stacked with trailers and trucks filled with items.
“I have complied, made it neat and tidy, removed the wastes.
“I’m not sitting around doing nothing, I’m trying to arrange something. They’re not targeting the squatter properties but targeting mine because I’ve got valuables here.
“Why are they targeting mine? It doesn’t make sense.”
The court proceedings came after Council ordered Mr Usachov to do a clean-up within three months on 9 January.
Council also served an Abatement Notice to Mr Usachov on 3 March with a deadline for 31 March.
The council says he’s breached the notice, however, details of the lack of compliance are not known.
Mr Usachov says there’s has been a tremendous transformation to the front of the property on the nature strip where junk was initially laid out.
Also gone are up to five trailers packed to the top, a long line of trucks, a ute with a trailer filled with junk as well, all which blocked the neighbouring house’s view.
However, the council appears to be concerned about the chattels remaining inside his fence.
“What I do in my yard is my business. I’m not interfering with any of the neighbours, doing my own little projects and hobbies.
“They (council staff and contractors) want to come in the house, internally and externally, literally clean it out. I’ll be left with nothing.”
Mr Usachov is a pensioner living alone in the property, who “restore and fixes things” to sell on online to support himself financially. He says he’s a certified “high suicide risk”.
“(Council) is not helping me mentally, no one is taking me into consideration.
“With the pressure from council and everyone else (neighbours) it’s taking a toll on me. The council is responsible for whatever happens to me.”
He shared the pain of his mother’s passing last year, almost losing his father at the same time to cardiac arrest and is now on “standby” in case anything happens to him.
He claims there are antiques, collectibles and rare pieces worth thousands of dollars, initially in order to open up an antique gallery.
But due to low funds, that idea is now far out of reach.
He has listed some items for sale on online platforms, He says selling the items take time and require a “process.”
“It’s an ongoing process. Every week I take things to the auction, or they pick up a truckload of items.
“I have to be dealing with my insurance company, my items are all insured. If council seizes them, they’ll seek compensation through the council.
“The council and my neighbours are having a go at me.”
He says he’s worried about his finances particularly if council confiscates his valuables and if he’s faced with $100,000 in estimated costs.
Prior to the court date on 1 May, Council attended the property on Monday 28 April to “gather evidence.”
Greater Dandenong city futures executive director Sanjay Manivasagasivam said at the time it’s “appropriate to gather evidence that will assist the court” where council is presenting or contesting a matter.
“Greater Dandenong City Council officers only enter private property under specific authorising legislation, where a court has provided authorisation, or with permission from the residents or owners.”
He confirmed the adjournment of the matter.
“Given the matter is subject to further Court hearings, we can’t make further comment at this time.”
Sessional lecturer at the RMIT University Greg Barns is a prominent barrister specialising in criminal law, administrative law and human rights.
He says generally it’s “desirable” to work with the person experiencing hoarding and taking matters to court would be the last resort.
But the safety of the individual and community needs to be considered.
“Councils do have fairly extensive powers and that can include ordering individuals to undertake certain clean ups on their property.
“It’s not necessarily confined to public areas at the front of their house.
“No one really likes to have council officers on your property removing what you regard as your items.
“That has to be balanced against the right of the community generally but also the health and safety of the individual living in the house because hoarding can lead to other circumstances, you get fire for example.”
According to Mr Usachov, Council intends to enter his property again on Monday 2 June before the hearing on Wednesday 4 June to gather evidence.
