BY BETTY ADAMS

Staff Writer

A Gardiner family is suing the city a second time over the family's ongoing home rehabilitation at Clinton Street and Highland Avenue.

Peter, Debra and Michael Wlodylo have asked a superior court judge in Kennebec County to order the city to allow them to pour a foundation under their home.

Peter Wlodylo said he wants to be allowed to pour the house foundation prior to the onset of cold weather and cannot do so because city officials have not granted his most recent request to extend his building permit.

"Because the plaintiff's home has no foundation, the emergency protection order is needed to protect the life and property of the plaintiffs while due process of law takes place," they said in the complaint.

The Wlodylos are acting without a lawyer and have named as defendants all the members of City Council, the mayor, the codes enforcement officer and City Manager Jeff Kobrock.

The Wlodylos sued the city in July 2007, and a judge issued a temporary order banning city workers from the Wlodylo property unless the home improvement project created a nuisance or posed a danger to the pubic.

"This time, the city refuses to renew my permits and is trying to condemn my home and kick me out," Peter Wlodylo said. "Half of the home is already rebuilt; I have spent tens of thousands of dollars."

In the complaint, the Wlodylos say half the home has been completed and has a new bathroom, new kitchen, new plumbing, wiring and framing, all inspected by a previous code enforcement officer. The homeowners also ask for money for damages they say the city caused.

Kobrock said the Wlodylos' most recent two-year building permit expired in June.

Wlodylo then received a 90-day extension of the permit, which expired two weeks ago, Kobrock said.

He said Wlodylo has sought another extension, and officials have yet to decide on that request.

"We felt it necessary to do a careful, independent inspection of the property and were just able to schedule that for a day or two ago," Kobrock said. "We're doing our best."

A judge in Kennebec County Superior Court has yet to decide whether to grant the Wlodylo request for a temporary protection order.

Betty Adams -- 621-5631

badams@centralmaine.com