Residents of a tent encampment in downtown Victoria are battling an order from the city's fire commissioner that could force immediate dismantling of the camp.

Advocates for the campers have filed a petition in B.C. Supreme Court, asking that the recent order be set aside.

In a 20 page petition, campers argue the fire inspection of the site was done before the camp's regular “clean-up day,” and the order to dismantle the tent city amounts to an abuse of process.

The fire commissioner toured the camp on Monday and ordered it be shut down after finding the number of tents had increased since the June 7 inspection and nothing had been done to address previous safety orders.