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.'' - --- MAP posted-by: Josh