The fence-building controversy continues at Tradewinds Mobile Home Park, and this time the police are getting involved.
Corporal Mike Field from the Oliver RCMP said he attended the complex last week in response to a noise complaint.
“The property owner was reportedly building a fence at 5:30 a.m. and the noise was disturbing to the residents.”
Tradewinds resident Carolyn Madge said the owner (Gus Kirsch) came onto the property at 5 a.m. and continued work on building a fence along the lakefront.
“At 5 a.m. I woke up to pounding . . . you’re not supposed to do that before 8 a.m.”
Kirsch previously told the Chronicle that he was building the fence for two reasons: to establish the boundary of his property; and to prevent snow buildup in the park. However, tenants who live along the lakeshore say the fence obstructs their view of Tuc-el-Nuit Lake.
Kirsch maintains that several tenants have built decks and other structures over the boundary line without his permission and without permits.
Brian Wensley, chairman of the tenants’ association, said Kirsch was definitely violating the local noise bylaw. He also noted the owner had violated the Residential Tenancy Act by stepping onto tenants’ properties (pads) without 24 hours notice.
“He was trespassing,” Wensley said.
Field said construction noise is permitted under the bylaw as long as it does not overstep the hours of operation allowed.
“The owner was spoken with and given a verbal warning, and the residents were directed to the Town’s bylaw enforcement should they wish to pursue the matter further.”
Field said he couldn’t comment on whether the fence-building project was legal or not, noting that falls under the civil realm. The officer said residents can seek legal counsel to answer these questions.