SOMBA K'E/YELLOWKNIFE - The city has issued notice to Bond Street Properties to put fencing back up around its Bayview Estates construction site after it was taken down earlier this year.

Jeffry Humble, director of planning and lands for the city, said the city was unaware the fence at the Niven Lake property had been taken down and a building inspector was sent out Monday afternoon to assess the site.

The Bayview Estates construction site, in limbo for more than two years, has been without a fence around the site for an undetermined amount of time and the city is ordering owner Bond Street Properties to put the fence back up or face a fine. - Andrew Livingstone/NNSL photo

"They've been served notice to get the fencing back up because in (the building inspector's) opinion it didn't meet the requirements of the building code," he said.

As part of the city's building bylaw, developers aren't required to put fencing up if construction is taking place, but in the case of Bayview Estates, construction has been on hold for more than two years due to financial difficulties.

"There is requirement under the code that the onus is on the builder and the developer put up a fence," Humble said, adding the city wouldn't be putting up temporary fencing around the site itself, and if Bond Street has plans to continue construction the city will need to know about those plans.

"During construction phases there wouldn't be a fence up, but of course the site isn't being developed right now."

Currently, there is only a short fence at the entrance to the construction site.

Raja Jam, construction manager for Bond Street Properties, said he wasn't aware the fencing had come down, but said they have 24-hour security on-site to protect the area from possible trespassing and vandalism.

When asked whether or not construction will be starting up soon, Jam said they were still seeking financial help to complete the project. Two dozen units were pre-sold and 16 of those units currently sit unfinished.

"We already spent so much money in it, so our first priority is to finish it so we can get our money out of it," Jam said. "By the grace of Almighty we should be able to carry on with it. It's just the hard market at this time."

Bond Street has until July 6 to get the fence up and Humble said if they don't comply they may face fines under the city's building bylaw.

Bill Fandrick, building inspections manager for the city, said if Bond Street were to fail to put the fence back up they could end up in court and face a possible fine of up to $10,000.

"If they wanted to avoid court, they would have to pay a voluntary fine of $1,000 to the city," Fandrick said.