TNRD seeks injunction to deal with 'filthy' properties outside Cache Creek

Injunction sought by TNRD

The Thompson-Nicola Regional District is seeking an injunction from a judge to get two allegedly unsightly and unsafe buildings removed from a pair of properties outside Cache Creek.

In a notice of civil claim filed in B.C. Supreme Court on Sept. 8, the TNRD said Fredy Jecklin, who owns 4068 Hills Frontage Rd. and 4072 Hills Frontage Rd., had two manufactured homes installed and one "extensively renovated" without proper building permits, and has allowed the properties to become run down.

The TNRD said it has received complaints about Jecklin’s two properties since April 30, 2021.

“There is an accumulation of filth, discarded materials and rubbish, including household furniture, appliances, derelict vehicles and construction materials on the properties,” the document said.

According to the notice of claim, it’s unknown whether the buildings are currently occupied, but the TNRD noted someone may have been allowed to live in the homes without proper building permits or occupancy certificates being authorized.

Aside from complaints about the unsightly nature of the properties, the TNRD said concerns have also been brought forward alleging there’s no functioning sewage system or water source for the sites.

According to the regional district, Interior Health had no information about a water system to the properties, but it may have approved a sewage disposal system in the 1970s, but the specifics of the system are unknown to the TNRD.

The court document said on May 20, 2021, the TNRD issued a stop work order as extensive renovations were being done on one of the manufactured homes without a building permit.

Jecklin was notified he was breaking the regional district’s building bylaw and unsightly premises bylaw in May 2021, and in January, March, June and July of 2023.

The TNRD said as of June 2023, one of the manufactured homes is unsafe for occupancy “due to health and safety concerns which include mold, falling ceiling framing and large holes in the subfloor.”

Safety concerns identified for the second home include “a collapsing deck entrance to the manufactured home, missing wall framing, rotted sheathing, roof cladding falling off, leaking from the roof and mold.”

The regional district said it issued Jecklin a notice of enforcement to clean up the properties, and the board of directors approved TNRD’s staff or contractors to enter the property and clean it up if the owner didn’t do the work himself by Aug. 18.

“The defendant Jecklin failed to comply with the Aug. 18, 2023, deadline,” the court document alleges.

According to the notice of claim, the TNRD is seeking an injunction ordering the removal of the manufactured homes and all rubbish from the properties within 30 days of the court’s decision.

The regional district is also asking for an order allowing it to enter the properties and homes to conduct inspections and remove the homes and rubbish if Jecklin doesn’t comply — including having police present to keep the peace if necessary.

“The plaintiff seeks a form of order advising all persons having knowledge of it that they may be subject to arrest and prosecution pursuant to section 127 of the Criminal Code in the event that they disobey the order,” the court document said.

The regional district wants Jecklin to cover the costs associated with the work, and is seeking declarations that the property owner and any potential occupants “have failed, neglected, ignored or refused” to be in compliance with the building bylaw and unsightly premises bylaw.

The property owner had 21 days to respond after being served with the notice of civil claim.

None of the allegations laid out in the document have been proven in court.

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