Pubdate: Tue, 22 Jan 2002
Source: Abbotsford News (CN BC)
Copyright: 2002 Hacker Press Ltd.
Contact:  http://www.abbynews.com/
Details: http://www.mapinc.org/media/1155
Author: Russ Akins
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

CITY GROW-OP RULES RECOVER CLEANUP COSTS

One strike - and you're up in smoke.

A bylaw meant to recover city costs of busting repeat marijuana grow 
operations was up for debate again at city council chambers yesterday.

Councillors voted to give an amended bylaw three readings last night, 
which means it awaits only fourth and final reading to make it law.

Once in effect, landlords who have had their property busted more 
than once for a grow-op could face costs into the thousands of 
dollars for cleanup and police time.

Back in September, council voted to defer action on the bylaw, titled 
the Abbotsford Controlled Substance Property Bylaw, pending the 
outcome of an expected court challenge of a similar bylaw enacted by 
Surrey, another area plagued by grow-ops.

They were also concerned that landlords who used "due diligence'' in 
screening tenants would be unfairly penalized. Or, as Coun. John 
Redekop then remarked: "Better a guilty man go free than an innocent 
man be hanged. ''

However, that bylaw, dubbed the Surrey Solution, has not been 
challenged. For Surrey, it's meant recovering more than $45,000 spent 
on arresting suspects and cleaning up properties used for growing 
marijuana, Grant Acheson, acting director of development services, 
told council.

For Surrey landlords, many of them absentee, it has resulted in bills 
ranging from $500 to $2,500, depending on the size of the operation 
and the amount of clean up required.

Other B.C. cities, including Kelowna, are considering similar 
legislation. The bylaw enables the city, as a condition of 
re-occupancy of a home where a grow-op was found and removed, to have 
the owner(s) obtain a building permit for restoration of health, 
safety and fire requirements of the building code. It also would 
allow Abbotsford Police to recover extraordinary costs of 
dismantling, transportation, storage and disposal of the drug grow 
equipment.

The bylaw as presented yesterday contains two changes to the one 
proposed last fall.

One states that unless a property owner is also a resident of the 
house, the owner is only liable to pay extraordinary police costs on 
a second offence. As Acheson told council: "If you (an owner) live in 
a house where a grow-op occurs, there is no free ride.'' The second 
change is that there is a right of re-consideration of payment, in 
other words an appeal first to the Abbotsford Police chief and then 
to city council. This would include those ordered to make payment 
upon a second offence.

Coun. Simon Gibson voted to proceed with the amended bylaw, a motion 
seconded by Coun. Ed Fast.

"I'm confident my original concerns have been addressed,'' said 
Gibson. "I have a lot of trust in our police - they have a history of 
handling themselves with decorum. This will do well for the taxpayers 
of our city.'' Said Redekop: "We're talking big dollars. If they 
allow big grow-ops, this is what they'll be charged. We want to 
eliminate this whole matter.''
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MAP posted-by: Josh