VIRGINIA BEACH, Va. (WAVY) — A Virginia Beach business owner has to move a mountain. 

If you’ve driven on I-264 lately, it’s hard to miss the massive pile of rubble near the Witchduck Road exit. Now the city is taking the business responsible to court.

You see it from the air. It is massive. From Chopper 10, you can see it soaring about 60 feet.

You see it from 264 heading east. You see it peeking above other buildings from nearby newly built apartments. 

“We have been dealing with this for 8 to 9 years,” says John Law, who operates a carpet business across the street. 

“Oh you see that rock mountain right there all around wherever you are, and as I’ve said, it is a true eyesore,” Law continued. 

An eyesore, and we wanted to know what the recycled concrete business owner Mark Calcagni is doing about it. 

10 On Your Side saw him leaving the Virginia Beach Courthouse running, and so we ran after him, caught him, and confronted him. We asked him: have you driven by on 264 and seen it?

“Yes, well they bought the property. Not me. I didn’t buy those condos, and I’ve been here for 30 years … they knew I was here.” He didn’t seem to care that even though apartments are nearly finished nearby, the 60 foot concrete mountain remains down the street. 

“My department has looked into it, and it is a violation. I do not know for sure how it got out of control or how it got as tall as it is,” says Virginia Beach Zoning Administrator Kevin Kemp. 

What is he doing about the stone mountain? “We do have that responsibility … to take care of this … and we are taking it seriously, and we are taking the steps to bring him within compliance.”

On May 3, the city sent a notice of violation to Calcagni. Among the violations is the concrete pile must be 15 feet or less, and not the 60 feet it is now. 

All containers on the property must not be stacked. Each must sit on the ground.  

We continued to question Calcagni, and asked him: is he a good neighbor? 

“Obviously not,” he responded. 

What is he going to do about it?  “Why don’t you buy me out,” he answered. 

When Calcagni failed to correct the violations within 30 days, Kemp took out a summons forcing Calcagni to court to face a judge. 

“I will clean it up when I want,” Calcagni says, “or when the city tells me to.” 

That’s the point, the city has told him to clean it up, and he has failed to do so. And that is why he is forced into a court of law to get him to comply.  

“I operate this because it prevents the concrete from going in the landfill … that is exactly what they need,” Calcagni said.

The city and Calcagni will be in court on the summons September 24.