Dispute over retaining wall going to court

The City of Penticton is ready to go to court against a local property owner.

Council voted Tuesday to seek a court order against the owner of 890 Three Mile Rd. to fix a retaining wall at the rear of the site.

“We have tried to work diligently with the homeowner,” building and permitting manager Ken Kunka told council.

“This is the fourth level of enforcement. We are going to court in accordance to the Community Charter. It is the only course of action left after four years of not moving forward. Our ultimate goal is to seek compliance to ensure the safety of the occupants.”

Kunka said since 2014 the owner has been doing work on the south bank within a red zone. There are also outstanding permits for additions being done on the home. He said there were several concerns addressed by a geotechnical engineer.

Director of development services Anthony Haddad said the city received legal advice that recommended taking it before a judge.

Council voted 4-1 in favour of taking legal action. Andre Martin voted in opposition, while Helena Konanz and Tarik Sayeed were absent.

Richard Giles, a tenant at the property who declared he was speaking on behalf of the property owner, said Kunka did not present all of the facts to councillors.

He said he has three outstanding freedom of information requests that have gone unanswered by city clerk Dana Schmidt. He said a letter to Mayor Andrew Jakubeit has also gone unanswered. He noted several contradictions with other neighbouring properties.

“You’re not getting the full picture,” Giles said during public question period. “Nobody is more relieved to see this taken out of the hands of city staff and into the courts than I am. Now maybe some reasonable people can take a look at it.”

He said the home was built in 1966 with an addition placed in 1995.

“Suddenly in 2015 we now require a seven-foot tall retaining wall,” he said.

Responding to a series of specific questions, Coun. Judy Sentes said, “I’m not an engineer. I have to trust the reports that are presented to council and follow their advice.”