The property on Palm Grove as it appeared on Monday.

For 17 years a 'shambolic' pile of waste material has sat on a central Wellington property.

And over that time Wellington City Council has issued abatement notice after abatement notice to the land owners Randhirbhai Devabhai Patel and Jyotiben Patel.

The property, 3 Palm Grove, Berhampore, has been used as a dumping ground for a variety of waste materials.

Since the council received its first complaints in late 2002, officers have made more than 40 visits and sent numerous letters to the Patels.

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ROSA WOODS Since the council received its first complaints in late 2002, officers have made more than 40 visits and sent numerous letters to the Patels.

Abatement notices were issued in October 2004, April 2009; August 2012 and November last year.

There has been the occasional temporary reduction in the amount of rubbish, but it has always reverted to its usual size.

In January, when the Patels failed to comply with the latest abatement notice, the council had reached the end of its tether and went to the Environment Court seeking an enforcement order - effectively compelling the Patels to clean up the mess or face a fine (of up to $300,000), or a term of imprisonment.

MAARTEN HOLL/STUFF Judge Dwyer, pictured, said "different people have different aspirations as to maintenance and upkeep of their properties", but there came a point when the impact on neighbours had to be recognised.

In response to the application, Randhirbhai Patel informed Environment Court Judge Brian Dwyer that he had been under financial pressure, mainly because one of his main sources of income, a commercial rental property in Newtown, had been vacant for two years.

Patel initially asked for 120 days to move the rubbish, but later reduced this to 60 days.

In a hearing in chambers last month, Judge Dwyer noted that several neighbouring houses and apartments had unobstructed views of the property, which was home to a large number of waste items.

The pile included numerous rubbish bags (contents unknown), car doors, kitchen sinks, bed bases, fish bins, corrugated iron, down-piping, paint buckets (contents unknown), fence palings, Formica panelling, bed bases, ceramic tiles, wooden pallets, a concrete mixer, metal shelving, and various other items.

The council said the property appeared on Google Maps as 'Total Recycling', yet no such business appeared to exist, and even if it did, it would be in breach of the District Plan.

Judge Dwyer said "different people have different aspirations as to maintenance and upkeep of their properties", but there came a point when the impact on neighbours had to be recognised.

In this case he was satisfied that the activity of accumulation of waste materials by the Patels was "noxious, dangerous, offensive or objectionable to such an extent as to have an adverse effect on the environment".

SUPPLIED Older photos of waste material stored on the property owned by Jyotiben and Randhirbhai Patel. The Patels have been told repeatedly to clear the property at 3 Palm Grove, Berhampore, Wellington.

"The property has been and is kept in a shambolic condition which to the outside observer has all the appearance of a disorderly junk yard or recycling depot," the judge said.

He noted the Patels had taken no steps to remove the waste by the end of January, as required under the latest abatement notice, and "the time has come when Patels must take steps to remedy the situation as a matter of priority".

He granted the council's application and asked it to submit a draft enforcement order that could then be served on the Patels.

SUPPLIED Older photos of waste material stored on the property owned by Jyotiben and Randhirbhai Patel. The Patels have been told repeatedly to clear the property at 3 Palm Grove, Berhampore, Wellington.

He also awarded costs to the council.

A council spokesman on Monday said a draft order had been lodged but had not yet issued so the 30-day period had not yet commenced.

"Clearly not much can be done by way of exercising or enforcing it until lockdown to at least level 1 occurs," the spokesman said.

SUPPLIED Older photos of waste material stored on the property owned by Jyotiben and Randhirbhai Patel. The Patels have been told repeatedly to clear the property at 3 Palm Grove, Berhampore, Wellington.

He said costs were still being quantified and a decision was yet to be made on recovery.

He said court action was taken because "all other reasonable efforts to achieve compliance had failed".

The Patels could not be reached for comment.