Wall coming down?
A controversial issue seems to be coming to a head.
The Town of Osoyoos has filed a petition with the Supreme Court of B.C. on notice to Osoyoos resident Ken Nelmes.
Nelmes' concrete block retaining wall, situated along Jasmine Drive, was constructed on or about May 2004 to support a swimming pool on his property.
The Town of Osoyoos is seeking the following orders:
1) a declaration that the Respondent (Nelmes) is in breach of S. 46 (1) of the Community Charter;rn2) a mandatory injunction compelling the Respondent to remove the retaining wall within four months of this order from the public highway, which removal is to be planned and supervised by a professional engineer at the cost of the Respondent; andrn3) costs.
The petition was filed on July 27, so essentially Nelmes has until the end of November to comply with the orders.
Section 46 (1) of the Community Charter states: Except as permitted by bylaw or another enactment, a person must not excavate in, cause a nuisance on, obstruct, foul or damage any part of a highway or other public place.
The retaining wall has been the object of controversy in the surrounding area for some months. The wall is situated on the roadway, obstructing it by 9.25 feet at one end and 6.9 feet at the other end.
The petition claims that the Respondent commenced and substantially completed construction of the wall before applying for a building permit.
A building permit application was made on May 21, 2004, but was not complete without a survey plan, reported the town's solicitor Raymond E. Young in the Petition to the Court.
The survey plan when submitted showed the wall on the highway. No building permit has been issued.rnKen Nelmes said he was consulting with his lawyer and did not wish to comment at press time.
