At first glance the building at the corner of Ryan’s Way and Edgartown-Vineyard Haven Road in Oak Bluffs doesn’t look much like a church. The lawn is dotted with piles of wood chips, a lawn mower and a scattering of children’s toys; through the upstairs windows people can be spotted cooking in a room that appears to be a kitchen.

Two years ago, the Martha’s Vineyard Commission approved plans from the Assembleia De Deus (Assembly of God) Nova Vida congregation to build a 150-seat church on the site, with a day care center for 26 children.

No construction has taken place, save some new fencing and a parking area.

And while religious services are held regularly here, there also is evidence that the building is being used as housing. The plan approved by the commission in July of 2007 allowed for several units of housing, restricted to use by church staff.

The church has since changed its name from Nova Vida to the Alliance Community Church.

And residents of Ryan’s Way are unhappy about the building, which they say remains in violation of a cease and desist order issued by the town building inspector in April of 2007.

Russell Wendt attended Tuesday’s Oak Bluffs selectmen’s meeting to remind the board that the cease and desist order issued by building inspector Jerry Wiener banned the church from operating a landscaping business or a boarding house on the property.

“The question is: why was this cease and desist order never enforced?” Mr. Wendt asked. He said the church also is violating several conditions of approval from the MVC.

“There were agreements by both parties, that basically to this day have not been executed . . . and the [MVC] has said that you, the selectmen, are in charge of this, even though the commission is paid over $200,000 [a year] from the town of Oak Bluffs to look over projects like this,” he said.

The house was previously an 11-room boarding house and a dance studio, among other things. Last June the Martha’s Vineyard Hospital moved its child day care center into the first floor of the building, and plans to keep it there until the new hospital building is completed.

Mr. Wendt said the many uses of the building have put a strain on the neighborhood. “No matter how you look at it, [this building] is a commercial property. What is frustrating is, the building inspector took the time to write a cease and desist order and then never followed it up . . . meanwhile the MVC took all our time and money to write a decision, and except for [the start of a fence], nothing has happened,” he said.

Mr. Wendt said neighbors have asked who is in charge of enforcement and no one seems to know.

Commission executive director Mark London said this week the church has requested an extension on the start of construction; the request will be considered during an upcoming meeting of the land use planning subcommittee.

Selectman Ron DiOrio said, “If rooms are being rented, then this board clearly has jurisdiction, and that’s a violation of the cease and desist, that needs to be enforced. If it means this may become a legal issue, then I think we should go for it.”

Selectman Kerry Scott said, “I have had it up to my eyeballs with this. The building official upholds the commission’s decision. The end. The commission was never created with enforcement powers . . . it’s not a matter of interpretation, and it’s not optional. Can we get that in writing finally?”

Selectmen asked town administrator Michael Dutton to research the matter. Mr. Wendt asked to be placed on the agenda for the Oct. 27 board meeting.