A derelict house in lower William Street might be a terrible eyesore, but unless council can prove it is a risk to public safety their hands are tied.
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Environmental planning and building services director David Shaw said the property at 8 William Street had been sitting empty for a number of years.
But he said council has no authority to force the owner to clean it up or demolish it unless they could prove it is unsafe.
He has organised for an inspection of the property to be carried out by a health and building inspector.
The matter was recently brought before a planning committee meeting of the council by Councillor Jess Jennings, who does have concerns about the building's safety.
Cr Jennings said he recently came across the house on a windy day and saw two pieces of tin on the roof lifting up. He said it would only take a couple more good gusts for the piece of roofing to become airborne.
Cr Jennings said there was the potential for someone to be struck by flying corrugated iron with tragic consequences.
"I'm sure no-one would want that to happen," Cr Jennings said.
"I think there is definitely a safety concern there, which is why I brought it to council's attention.
"How many kids will be going to the nearby pool over the summer? I think the owner needs to be reminded of the risk."
Mr Shaw said that if the health and building inspector deemed the property to unsafe, council would write to the owner and give them a notice of intention to serve an order to take action.
"Council has no authority unless it can be proven there is a risk to public safety," Mr Shaw said.
When looking at the derelict house, it is clear to see that the posts holding up the front veranda have separated from the foundations.
When the Western Advocate visited, a piece of roofing iron was lifting with the wind, the cement bricks at the corner of one wall had crumbled, the fibro fascia was smashed in places and the windows were boarded up with corrugated iron.
However, none of this has deterred people from entering as both the front and back doors had been kicked in.
The hallway was littered with broken glass and empty bottles, and the walls were tagged with graffiti.
The cement rendered front fence had been completely knocked down.
One of the people who live in the neighbourhood said the house had caught on fire four times in the past eight years.
"It's a wonder nothing has flown off the roof," she said.
"You can often hear the tin banging around up there like it's going to take off."
She said the floor of the house was littered with hypodermic needles.
A number of children live in the neighbourhood and the property is close to the Bathurst Aquatic Centre.
"It's very dangerous," the neighbour said. "Little kids are drawn to it and their parents have to pull them back.
"We have seen people of all ages slipping in there. There have been lots of squatters over the years."