Ironic twist as council backs down on tradie's $9,600 fine for filling in hole

Landscaper Adam Marsal, 40, decided to fill in the tree hole across from his home after council allegedly ignored it for months. But it cost him.

Adam Marsal, 40, tips a wheelbarrow full of soil onto the ground (left) and the area behind the bus stop in Frankston, Melbourne where the hole once was (right).
Adam Marsal, 40, was fined $12,000 for filling in a large hole on the ground near his home in Frankston, Melbourne. Source: A Current Affair

A Melbourne tradie who was fined almost $12,000 for filling in a large hole in the ground near his home has prevailed in a bizarre battle with his local council. And now he's coming for their job.

The landscaper and pool builder has had a costly infringement notice ripped up after the council backflipped on its punitive stance. However he has still been forced to pay thousands for the seemingly good deed.

Adam Marsal, 40, had reportedly flagged the dangerous nature of the hole, which had been left by a fallen tree, to his local council. However months passed without it being patched up.

After watching people trip on the almost two-metre hole behind a bus stop in Frankston, Melbourne, he decided to fill it in himself. The simple act, and an apparent tip-off by another local, resulted in the landscaper later being interrogated at council headquarters.

"I did feel ambushed ... I felt like I was basically a murderer," Marsal told A Current Affair about the police-style interrogation by council staff, which took place earlier this year.

He was subsequently issued two fines, one for him worth $1,923 and one for his business worth $9,616.

The fines were issued for unauthorised works and the "depositing waste of more than 1000 litres" in violation of the Environment Protection Act 2017.

Marsal sought legal advice and after a months-long battle, Frankston City Council revoked the heftier of the two fines after it was proven there was "no legal merit" to it, Marsal said.

"It's cost me thousands of dollars to just even have a fine that shouldn't have been issued in the first place withdrawn," he lamented.

In the end, he paid the $1,923 fine, as well as the cost of legal assistance.

Frankston City Council told A Current Affair it withdrew the infringement against the company after Marsal had paid the individual fine against him.

Marsal smiles at the camera wearing a shirt and blazer.
Marsal has now decided to run for local council elections in October. Source: Facebook

After word of the situation spread among locals, Marsal said he received "overwhelming" support from the local community. So much so, the bizarre ordeal could launch a political career as he has now decided to run for local council elections in October.

"Way too many council members act as bullies and intimidate members of the public," he said. And somewhat ironically, it could soon cost them their job.

"I'd like to clean up Frankston a little bit more," Marsal added.

Sharing his campaign material on Facebook on Monday, he said as an independent candidate he will push for improved services, a clean LGA, support for mental health and a review into council transparency and how it engages with the community.

"Appreciate the support," he wrote. "What a community we have."

Yahoo News has reached out to Adam Marsal and Frankston City Council for comment.

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