By Ian Cobb

e-KNOW

A Stoddart Creek woman Dec. 2, noting she and her neighbours are living in fear, asked the Regional District of East Kootenay (RDEK) to take legal action against two neighbours for non-compliance of regional bylaws.

Dusty Dehart, stating she represents members of the “Stoddart Creek Community Neighborhood” asked the regional board to take legal action against Richard Mooney, owner of Club Towing and Bruce Dehart, Columbia Valley Sewer & Drain Ltd., for violations to RDEK bylaws/regulations, including zoning, noise control, and nuisances (rubbish/unsightly premises).

“There are approximately 16 homes in our little piece of heaven. Not only have we, as property and homeowners been affected by what I am about to share with you, but our families, extended families, friends, children, pets, the wildlife, the river, the wetlands and our property values have all been extremely negatively impacted. Our very health has suffered and our lifestyles have had to change completely in the past years. This hell started in 2008,” Dehart told the board, before asking it to refer her concerns to its “legal team so that the non-compliance of the bylaws can be addressed and rectified once and for all. We can prove that both of these businesses are in complete non-compliance in regards to RDEK bylaws.”

Specifically she pointed out non-compliance of RDEK bylaws: No. 900 Consolidation-Small Holdings Semi-Rural Zone; No. 1396, 1999 Noise Control Regulation; No. 777, 1987 Nuisances, Rubbish, Unsightly Property.

“We do not want commercial businesses or non-compliant neighbors who do as they wish, in our semi-rural zoned community, which happens to also be in the Agriculture Land Commission. It used to be paradise where we live, now sadly it is not. We are asking for your staff to be given the authority, by a judge if need be, to deal with what has been and continues to be blatantly not complied with (bylaws),” Dehart said.

“We have taken every step asked of us through various local and government processes. I personally have made over 24 phone calls to the police – at their suggestion and several of us have documented like crazy also at their suggestion, and we are tired of documenting. We have contacted the following government agencies, with little to no responses or results: the RCMP, the Ministry of Environment, the Natural Resource Violation line, the Ministry of Forests, Land and Natural Resources, the Ministry of Highways, the local Conservation Officer, a local fire chief, a local municipal bylaw officer (although not from our area) and the dogcatcher,” she pointed out.

“The only light of hope was advice from a lawyer that some of us hired to consult with because we are at our wit’s end. He informed us that we are very lucky to have bylaws where we live because a lot of people do not, and that because we are fortunate enough to have bylaws, we have an avenue open to us. That is to ask the RDEK to back up their bylaws that they created and ensure that these property owners are complying. We were also told that the RDEK has the means to do this through their legal team and the court system. Volunteer compliance is not working in this situation and ourselves, our neighborhood and the surrounding area are all suffering, terribly,” Dehart said, adding her neighbouring elderly parents are also feeling the stress.

“Our formal steps in regards to the RDEK process began many years ago with the previous compliance officer. We are in contact with our area representative Director (Gerry) Wilkie, who understands our situation and frustrations very well. We have done what was asked of us and it has been a grueling, lengthy and very stressful process. The current compliance officer has done her part and I have had a positive discussion with RDEK’s manager Mr. Brown.

“Our neighborhood has become an Industrial Park. And to top it all off, we live in fear,” she said, launching a 43 image slide show (two images included here).

“I am not only here representing my family and neighbours, I am also representing my ancestors. I am fourth generation on this very land; my 22-year-old son is the fifth. We all grew up here, right here. And we will rest here. Some of my other neighbours have been here for decades,” said an emotional Dehart, granddaughter of the greatly revered Shelagh Dehart.

“It is all of our jobs to protect the environment, the wildlife, our own families, our homes and our sanity. We are asking for your help, this is why I stand here before you today. Myself, my neighbours, my family – especially my dad are suffering severely, day in and day out. It’s completely changed our lifestyles. The wetlands have been called a living treasure and have become protected under the BC Wildlife Act,” Dehart expressed to the board in her conclusion.

“In closing I’d like to leave you with two quotes. Robert Bateman said “One of the most precious things on a world scale… is the Columbia River Wetlands.” My Grandmother Shelagh Dehart said, “Home is where your family is and family is where your home is.”

Richard (Blair) Mooney did not return e-KNOW’s phone call or respond to our request for an email interview.

Some RDEK directors expressed shock at the presentation.

Electoral Area G Director Gerry Wilkie, well aware of the situation, said Dehart’s visual presentation was “quite graphic.”

“This is almost an act of neighbourhood terrorism. I hope we act on this with urgency,” said City of Kimberley Mayor Don McCormick.

“I am mind-blown by this. The situation there is not too pleasant,” said City of Cranbrook director Tom Shypitka.

RDEK Manager of Building & Protective Services Sanford Brown informed the board he has been looking into the matter since the spring and has found a number of items of non-compliance. “It’s a very difficult situation,” he said.

Board chair, Electoral Area C Director Rob Gay noted the regional government is in the throes of updating its Unsightly Premises Bylaw, making it a “little more solid law they can administer.”

Lead image: A look at the Mooney property and its proximity to the Columbia River Wetlands. Photos courtesy Dusty Dehart

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