Neighbours of the Bottle Depot are going to court to force the city to enforce its bylaws and shut the operation down.

Adjacent property owners have complained for the past two years about the ongoing nuisance stemming from the bottle recycling depot, but the city has failed to act, lawyer John Alexander says in a statement of claim filed on behalf of O'Connor Galloway Investments.

O'Connor Galloway Investments owns the office building at 990 View St., next to the Bottle Depot.

The city has not renewed the Bottle Depot's business licence for this year, and has been given confirmation by the owner that he's found a new location with appropriate zoning and plans to move, Rob Woodland, city director legislative and regulatory services, said in an e-mail.

"He's outlined to the city his relocation plan, which sees the business move to the new location in the fall of 2010. He hopes to move at the earliest point in the fall, but this is dependent upon completion of upgrades to the site to accommodate his business," Woodland said.

Alexander said if that is the case, there should be no objection to a schedule set down by the court.

The lawsuit cites noise, disturbances, smells and problems with operations spilling outside of the depot location, with clients sorting materials during and outside business hours.

O'Connor Galloway Investments wants the operation shut down and is asking the B.C. Supreme Court to set a deadline for the Bottle Depot to cease operations.

Last February, the city informed Bottle Depot owner D'Arcy Hipwell and his landlord, Ensign Properties, that the depot is not a permitted use under current zoning and that operations should cease.

The suit says neighbours received assurances from the city last year that the Bottle Depot business licence would not be renewed, and that enforcement would begin if it continued to operate. Even though the business licence expired Jan. 15, the city has done nothing, it says.

The plaintiff is claiming unspecified damages, along with interest and costs; a declaration that the Bottle Depot is in contravention of the business and zoning bylaws; an order requiring the city to enforce its bylaws, and an injunction ordering the Bottle Depot to cease recycling operations within a time to be set by the court.

Those named in the suit include: the City of Victoria, Hipwell, Ensign Properties and Adanac Recovery, a company that has in the past occupied or leased the View Street premises.

Hipwell could not be reached for comment.

No statements of defence had been filed.

bcleverley@tc.canwest.com