Courtney Colbran and Trevor Milley said they have considered moving due to the early-morning and late-night hammering, shouting and machinery noises. (CBC)

An Ottawa construction company is being summoned to court after fines didn't silence complaints about middle of the night hammering and clanking at the site of a new retirement home.

The City of Ottawa is asking the court for a larger fine of up to $5,000 against Giffels Corp. after receiving numerous noise complaints from neighbours about the construction of Stonehaven Manor and Apartments on Stonehaven Drive in the Bridlewood area of Kanata.

"My understanding is that they were doing concrete work and with the bright lights and the noise at one, two, three in the morning," Roger Chapman, who is in charge of bylaw enforcement in Ottawa's west end, said Thursday. "Residents in the area, many of them seniors, have been unable to sleep through the night."

A city bylaw bars construction before 7 a.m. and after 10 p.m.

Smaller fines of around $350 have already been levied against the company and a court summons was issued Wednesday, Chapman said. If the larger fine doesn't work, the city will ask the court to order the company to stop work.

As of 2:30 p.m. Thursday, Giffels Corp. had not responded to requests for comment.

However, Tracy Kennedy, the general manager of Stonehaven Manor, said construction at the site has traditionally stopped at 4 p.m.

"They've been told by us that they're not allowed to break those laws, so if they do so, it's without our consent," she said, adding that it isn't her company's intention to disturb the neighbours, and it is sorry if that has happened.

Construction on the building, which will hold 53 one- and two-bedroom apartments for seniors, started in June and is expected to end in June 2010. The exterior is almost finished and interior work will continue through the winter.

Trevor Milley, who lives with his wife Courtney Colbran and their daughter, who is almost one year old, said there were once woods full of deer where there now is a construction site.

Jackhammering and blasting

They didn't find out about the project until a fence appeared suddenly one day.

"When they first started, it was jackhammering and blasting," Milley said. "It's not been fun." Now, the din mostly comes from machinery, hammers and people yelling.

Sometimes, it starts before 7 a.m.

"One night, they actually started at 10:15 p.m. and went to 12:30," he added.

The family has been considering moving. Milley has called the city's bylaw department a few times and sent emails to his city councillor, Peggy Feltmate. He admitted he now feels "a little frustrated and helpless."

Milley said the city never followed up on their complaints.

Colbran said she would also like the city to change the bylaw so construction ends before 10 p.m.

"That's too late for families with young children."