Can the mayor demand the disposal of waste on a property?

Alerted by neighbors, the mayor of a commune asks a landlord to evacuate his waste present on his property within 15 days. This request has not been answered, and the mayor decides by order to demand that he withdraw them within 45 days. When the mayor again refuses, he issues a new order. This text provides for a daily penalty payment of €50 per day until the waste is completely removed. However, a ceiling of this amount shall be set at €8,400, estimated cost of evacuation by a specialized company.

The owner then decides to challenge the order, but the administrative court rejects his request. He then decided to appeal. For the Court of Appeal, which relies on Article L541-3 of the Environmental Code, the Mayor has the power to take the necessary measures to dispose of waste when its disposal, deposit or treatment presents a danger.

In addition, the Court adopts the definition of waste according to the Council of State, namely

any substance which has not been investigated as such in the production process from which it originated, unless its subsequent use without prior processing is certain

.

However, by observing the photographs transmitted by the municipality, the court considers that the miscellaneous and used objects on the land in question cannot be used subsequently without prior transformation. They therefore constitute waste, which may be harmful to public health. So the mayor can exercise his or her police power, even if that waste is not visible from the street.