A Kelowna man is making a final effort to save his property from being demolished and remediated.
Janusz Grelecki, the owner of 424 Gibson Road, is taking the City of Kelowna to court after the city ordered him to demolish the home due to its “unsightly” appearance and deteriorating state. The city made the decision at a council meeting on Aug. 23 after staff said they have tried for more than a decade to get Grelecki to finish renovations and clean up his home.
In the nine-page claim, Grelecki alleges the city based its decision around inaccurate and inappropriate information. He claims the city did not take the opinions of professional engineers into consideration — the claim says a report by RJC Engineering said that there is no evidence of any instability nor that the structural retaining walls affect neighbouring properties.
Grelecki also alleges the city gave him insufficient time to remediate his property. It also said the city failed to accommodate Grelecki’s injury which has affected his ability to complete the required remediation. Grelecki has suffered significant and prolonged stress, anxiety and depression as a result of the “arbitrary” and “capricious” conduct of council and city staff, the claim said.
Grelecki is asking the court to grant an injunction to restrain the city from entering his property, a mandatory order directing the city from removing any items from his property and a mandatory order to cease all enforcement activities. He is also asking for a stay of execution on the remedial action order, general, special and punitive damages as well as court costs.
None of Grelecki’s claims have been tested in court. The lawsuit was filed to the B.C. Supreme Court in Vernon on Friday, Sept. 24.