Judge stops 1,000 euro fine for long-torn down fence in Neustrelitz!

Judge stops 1,000 euro fine for long-torn down fence in Neustrelitz!

An unexpected court ruling recently caused a stir in Neustrelitz: The Mecklenburg Lake District district failed with a fine of 1,000 euros against a property owner who had erected a fence that no longer existed. This fence, which was built on an access property between the end of 2020 and the beginning of 2021, was originally built to prevent illegal parties by young people on an adjacent former railway site. Noise complaints made by residents ultimately led to criminal charges being filed by the city administration. Despite all these circumstances, the man won his case in court.

Judge Rolandträger closed the proceedings in accordance with Section 47 Paragraph 2 of the Administrative Offenses Act, which was a surprising turn of events for the plaintiff. The district insisted on the 1,000 euro demand because the fence was built without the necessary nature conservation and building permits. It is interesting that the fence has now been dismantled and the property has been handed back to the city of Neustrelitz. Mayor Andreas Grund had previously promised the businessman that he would take care of the matter with the district.

The background to the fence problem

The controversial fence was a response to repeated nighttime riots that severely disrupted the nighttime peace of residents. But the legal situation is complex, as kanzlei-herfurtner.de explains. Property owners are responsible for maintaining the adjacent infrastructure and must ensure traffic safety. This also includes obligations to remove obstacles on sidewalks and maintain infrastructure.

This is where legal regulations and municipal statutes come into play, which clearly define residents' obligations. Section 127 of the Building Code, for example, regulates the collection of development contributions for infrastructural measures. In this case, the city of Neustrelitz could possibly be asked to redesign and develop the development plan for the site with the former railway vocational school in order to avoid future misunderstandings.

The way into the future

The situation shows that good cooperation with local authorities is essential to find fruitful solutions. Resident duties usually go beyond the external fencing and also include the maintenance of sidewalks and streets, be it in summer or winter. Citizens are required to fulfill their obligations in order to promote security and order. Ultimately, non-compliance with these regulations can result in severe fines.

The city of Neustrelitz has the opportunity to learn from this situation. Perhaps a new development plan will breathe new life into the development of the area and ensure that residents have fewer reasons to complain in the future. Returning a property to the city could be the first step in a positive direction.