Town turns to its lawyers to deal with controversial wall

The wall may come down.
The Town of Osoyoos has sent a letter to some concerned area residents with respect to a retaining wall on Jasmine Drive in Osoyoos.
Residents have complained and voiced concerns to the Town of Osoyoos for some time, but it looks as though a solution may be in the works.
Complaints about the retaining wall ranged from safety concerns about its structural integrity, to aesthetics, and to the fact the wall encroaches several feet onto town property.
On June 28, CAO Elsie Lemke sent a letter to John and June Wallace, advising them of council's decision.
The letter noted that council had met at an in-camera (closed) meeting on June 17 to review any legal options the town may consider.
The letter also stated council was not pleased with the property owner's response to the town's offer to consider entering into an encroachment agreement.
Council passed the following resolution at their June 17 meeting:rn…that council directs Lidstone Young Anderson to proceed with obtaining an injunction for the purpose of compelling Mr. Nelmes to remove the retaining wall within a reasonable time, or face contempt of court proceedings.rnThe Town of Osoyoos was advised that, depending on the court's schedule, the matter should proceed sometime in August.
If the judge finds in the town's favour, a determination would be made by the courts as to what a reasonable time frame would be for removal of the wall.
If the property owner does not remove the wall within the specified time, contempt of court proceedings could then be undertaken and the courts could be requested to order that the wall be removed by a private contractor at the property owner's expense.
The letter from Lemke further stated that although the retaining wall is located within the town's road right of way, it is not the cause of any traffic problems at present.
However, should the town consider improving the road to add a curb, gutter, sidewalks and storm sewers, the location of the wall may pose problems at that time, were it still in place.
A bylaw or policy to deal with governing the construction materials used for retaining walls may be considered in order to help avoid similar situations in future.