Pubdate: Fri, 06 Aug 2004
Source: Chilliwack Times (CN BC)
Copyright: 2004 Chilliwack Times
Contact:  http://www.chilliwacktimes.com/
Details: http://www.mapinc.org/media/1357
Author: Robyn Chambers

NIPPED IN THE BUD

In the hopes of closing the door on marijuana grow operations and the 
production of other illegal substances in community homes city council is 
on the verge of passing a new bylaw which would hold landlords and tenants 
responsible for the havoc they wreak.

But prior to approving three readings of the bylaw Tuesday, council 
rescinded the initial bylaw and tabled another as the former contained 
prohibitions on the indoor use of pesticides which the Ministry of Water, 
Land and Air Protection deemed too broad.

Amongst numerous stipulations the new bylaw requires a re-inspection of the 
property by a building inspector and gives the fire chief the authority to 
make orders for the correction of conditions that would be considered a 
fire hazard. It applies a fine for contravention of the bylaw in the amount 
of $10,000 for the tenant who lives in the property where an illegal 
substance is being produced, as well as for the landlord if it's 
demonstrated they have been negligent in keeping tabs on their property.

Under the bylaw, fees for a variety of inspections, and re-occupancy 
permits range in price from: $150 to $2,500 for an inspection with an 
architect or professional engineer to certify a building may be 
re-occupied. The bylaw stipulates that landlords must visit their property 
every 90 days to ensure there is no illegal activity; landlords are 
expected to document visits and keep a written record of any attempts that 
have been made to prevent them from visiting the property. There is also an 
expectation that a landlord report any illegal activity to the RCMP.

However, this has one potential landlord concerned.

Karen Dunkerley and her husband are considering a move from Abbotsford to 
Chilliwack which would include purchasing some rental property in the 
community.

However, the bylaw has her thinking twice.

"I'm certainly not going to intentionally rent to anyone who knowingly is 
in this business, but by the same token when I do discover this is in there 
what they've asked me to do is to be the police and now I go to the police 
department to avoid my fine from the city and I say this is in there. Now 
what have I done to myself."

Dunkerley fears the personal implications if grow operations are run by 
organized crime-a claim made by the city and police. Landlord safety, she 
says, is a concern.

"The reality is you've made landlords criminals and you've asked them to be 
a police force and if they're not the police then they are a criminal and 
that's just not right. That's putting them in jeopardy by doing so."

But Mayor Clint Hames rejects that assertion saying there is no more risk 
to a landlord under this bylaw than there is currently.

Under the bylaw, he says, there are reasonable expectations made of landlords.

"All a landlord has to do to make sure they are not falling afoul of our 
regulatory bylaw is check their property once every 90 days then they can 
not be found guilty of failing to inspect their property or offer due 
diligence."

The bylaw requires landlords to document visits and Hames says visits can 
be combined with the trip to pick up the monthly rent.

"All landlords have to do is write an agreement that says I'm going to 
collect the rent on the first and I'd like the opportunity to view the 
property on that day," he said, adding "The landlords we're talking about 
who are problematic don't have lease agreements, don't know who their 
tenants are, never inspect their property and they cause problems for 
neighbourhoods."

Hames suggests the bylaw will be helpful to landlords who may have had 
trouble securing insurance for a rental property because of the legacy of 
grow ops.

Provincial communities have been given the jurisdiction to prohibit 
elements under the new Community Charter.
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MAP posted-by: Keith Brilhart