Pubdate: Wed, 30 Jan 2002
Source: Aldergrove Star (CN BC)
Copyright: 2002 Central Fraser Valley Star Publishing Ltd.
Contact:  http://www.aldstar.com/
Details: http://www.mapinc.org/media/989
Author: Russ Akins
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

ABBOTSFORD TO FINE GROW OP HOME OWNERS

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 January 21. 
Councillors voted to give an amended bylaw three readings, 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 here 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: Beth