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City of Vernon files civil suit against owners of ‘nuisance rental party house’

According to the city, an upscale residence on Sun Peaks Drive is being used as a short-term rental and the owners do not reside on site. Adrian Wyld / The Canadian Press

The City of Vernon, B.C., says it’s going through the courts to shut down what it calls a nuisance “party” house.

On Friday, the city announced that it is seeking legal action to address “an ongoing party house that has caused significant issues for neighbouring residents since 2019.”

According to the city, the residence is being used as a short-term rental and the owners do not live on-site.

“Despite receiving multiple warnings and violation tickets for nuisance, noise complaints and unlawful land use,” the city said in a press release, “the owners of the property have continued to rent the house out to various guests who have used the property to hold large, loud gatherings that have been disruptive to the neighbourhood on a regular basis, often late into the night.”

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According to court documents, the party house is at 7429 Sun Peaks Dr., and Michael Nohr and Andrea Carolina Amado Castillo of Vancouver were listed as the defendants.

The property is described as an upscale four-bedroom, three-bathroom single-family dwelling, which is “advertised, used, and rented out to users as a short-term vacation rental akin to a hotel, rather than a traditional residential or dwelling use as permitted under the bylaw.”

The notice of claim also said the property has been rented out to occupants who are tourists and who do not use the property as residential.

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The city said since 2019, bylaw officers have attended more than 50 complaints about the property and have written more than 25 violation tickets.

The next most-reported short-term rental in Vernon, said the city, had four or five complaints during the same time frame.

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“Let me be clear, the issues we are facing with this property are not the norm in our community. Most guests who are using short-term rentals (STR) in Vernon are respectful of those around them with very few issues arising,” said Mayor Victor Cumming.

“However, the ongoing activity at this one property – by numerous renters and visitors – has been extremely disappointing.”

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Calgary woman demanding refund for cancelled room in B.C.

Cumming continued, saying “myself and council fully appreciate that the neighbouring residents have been frustrated about this property for a long time. Seeking a court injunction to cease the STR operation was not a decision made lightly, but it was time we put our foot down to stop this unacceptable behaviour.”

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The city said staff have been developing short-term rental policy recommendations for council to consider.

“Vernon is proud to be a family-oriented community where people choose to live, work, explore and play,” said Cumming.

“The city aims to foster an environment where residents feel safe and comfortable at home, being part of a community where citizens and visitors show respect and kind regard for one another. And that is the norm in our great community.”

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Coronavirus: B.C. introduces new group size limits in short-term vacation rentals

Notably, an online search for the address shows a house for sale, with an asking price of $1.275 million, though it’s listed as having five bedrooms and four bathrooms.

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