Pubdate: Thu, 01 Nov 2001 Source: Abbotsford News (CN BC) Copyright: 2001 Hacker Press Ltd. Contact: http://www.abbynews.com/ Details: http://www.mapinc.org/media/1155 Author: Russ Akins POT LANDLORD BYLAW UNDER REVIEW "Better a guilty man go free, than an innocent man be hanged.'' That long-standing axiom in British and Canadian jurisprudence was cited by Coun. John Redekop this week, as Abbotsford city council voted to defer action on a controversial bylaw aimed at stemming marijuana grow operations. The document, titled the Abbotsford Controlled Substance Property Bylaw, was aimed at recovering police costs and enforcing safety requirements after marijuana grow operations are busted. It sparked heated debate among Abbotsford councillors in at least one recent meeting. Monday, councillors voted to refer the bylaw back to city staff pending the outcome of a court challenge of a similar bylaw in another Lower Mainland municipality. Coun. John Redekop cited advice from the B.C. Civil Liberties Association, which said the bylaw as it now stands may encroach upon the criminal law powers of the federal government. "The bylaw could unfairly burden good faith landlords with the actions of their tenants,'' said the councillor. However, Coun. Ed Fast said the axiom used by Redekop, taken to its extreme, would mean no one would ever be convicted of a crime. "It's a matter of balance,'' he told the Abbotsford News yesterday. "What I've suggested is that we include an appeal process, or a show-cause process to allow landlords to say, 'I used due diligence.' "I would expect that to be done by a staff review panel, or perhaps by council itself. We have assurances from police they are not after innocent landlords,'' said Fast. The move comes as grow-ops continue to take up scarce police time and resources. Requirements of the bylaw would only be imposed after police have shut down a property containing a grow op. A comprehensive inspection, at a proposed cost of $400, would take place by building, plumbing, fire, electrical and gas inspectors. Property owners would also be charged for building permit fees for restoration work, and extraordinary police costs. W. Grant Acheson, acting director of development services, recently reported to council that to the end of August, 64 grow operations were investigated, resulting in 37 property searches. In 2000, 233 grow-op investigations resulted in 194 property searches. "Grow operations can be found in all neighbourhoods of the city, and predominately in single-family rental houses,'' reported Acheson. - --- MAP posted-by: Rebel