Photo: Martin Weiss
All Martin Weiss wants is the ability to do business in the city of Kelowna, as he and his father had done for more than 50 years before him.
He’s bringing the city to justice to do just that.
Weiss, owner of M. Weiss Masonry, filed papers with the British Columbia Supreme Court in Vancouver earlier this month against city and business license manager Greg Wise.
The lawsuit alleges that Weiss’ business license was terminated without notice and that he was denied a 2021 business license for no reason.
It goes on to say that Wise did not have “legal or delegated authority” to cancel or refuse to renew a valid business license.
Weiss told Castanet News the decision put hundreds of thousands of dollars’ worth of signed contracts, some of which are more than a year old, at risk.
He admits the store is on 3990 Swamp Road on farmland in the Agricultural Reserve, but tells Castanet that he only stores his work vehicles and does paperwork on the property. He says he doesn’t keep any materials used in the store on-site.
Weiss goes on to say that he still manages the property and uses it mainly for hay production.
In the court record, Weiss said the city reached out to him in 2015 to buy four acres of the 14-acre property for “fish improvement” along Mission Creek. This property was used as part of a major creek restoration project valued at $ 1.2 million.
In place of the fish improvement work, the city built a dike about eight to ten feet high that borders and adjoins its northern property line.
Shortly thereafter, Weiss built a berm on his property to protect the farm and provide some privacy.
It is around this time, he says, problems with the city began to emerge.
There were references to articles of association notices published in late 2016 for violating license terms and causing “visual nuisance to the neighborhood” that goes against the unsightly premises.
He has been told that his license will be reviewed and that he must stop doing outdoor business, clean up the property, and move the business to another zone.
During a face-to-face meeting in 2018, Weiss was told the tickets should not have been issued, the offenses “put on hold,” and the city investigated “how the matter escalated” fines. ‘
Documents indicate that Weiss was mailed last December that his license would not be renewed for 2021.
The reason stated in a subsequent letter was in part: “The company does not meet the licensing requirements for a domestic minor license category for which the business license was previously issued as Contractor Mason HBB-Minor.”
The property was also enforced.
In a letter to Weiss’ attorney, the city claimed it had the right to refuse the license and that Mr Weiss could petition the city council to reconsider the matter.
The judicial filing also pertains to documents that have been reviewed under the Freedom of Information Act, which “deferred for renewal 2021” on August 31 last year. Weiss claims he was never informed of this decision at the time.
Weiss asks the city to simply reissue his business license. He says he’s willing to pay the $ 25 fee.
Speaking to Castanet, Weiss said he was surprised by the city’s measures and had completed a number of masonry jobs for the city over the years.
The city has not yet responded to the allegations in court. None of the allegations in the lawsuit have been proven.
Calls to the town hall for comment have not yet been returned.
