Pubdate: Wed, 22 Sep 2004 Source: Penticton Western (CN BC) Copyright: 2004 Penticton Western Contact: http://www.pentictonwesternnews.com/ Details: http://www.mapinc.org/media/1310 Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada) DRUG BYLAW HOLDS LANDLORDS ACCOUNTABLE Local landlords could face stiff fines for housing marijuana grow operations if a proposed city bylaw passes. A public hearing on the Controlled Substance Property Bylaw is scheduled for Oct. 4 after council Monday read the bylaw for the first time. "This is a landmark piece of legislation for us," said Mayor David Perry. It puts Penticton in the forefront of fighting the "scourge" of grow-operations, said Perry. The bylaw - based on a Chilliwack bylaw passed last year and in the works since April 2004 after a number of significant drug busts in the Penticton area - allows the city to cut off water and power without notice to premises used for marijuana grow operations. And it requires landlords to inspect their properties at least once every three months. All costs, including those for RCMP to dismantle the grow operations, will be borne by property owners if tenants cannot cover the costs, the bylaw states. Property owners who contravene the bylaw would receive a $10,000 fine for each day the offence continues. The goal of the new bylaw, which is tougher than Chilliwack's, is not to punish property owners, but to make them aware of the issue, said Jack Kler, director of corporate services. Coun. John Vassilaki agreed. The bylaw puts the onus on property owners to screen their tenants, said Vassilaki who said he is glad the city brought in the bylaw. "I only wish it happened 10 years ago," he said. In addition to the social costs, marijuana grow operations impose substantial costs on local tax payers, said Kler. These include lost revenue for the city-owned electric and water utilities due to the theft of water and power, said Kler, adding that grow operations also increase the city's cost of purchasing power from Fortis B.C. "As well, the city is responsible for 90 per cent of all direct RCMP costs and 100 per cent of the RCMP support staff costs," said Kler. "Dismantling and removal of illegal equipment resulted in all costs being borne by the taxpayers." Coun. Dan Ashton, who voted in support of the bylaw, said he is apprehensive about portions of it. Property owners should not be held responsible for the crimes of their tenants, he said. Chilliwack's bylaw does not hold landlords responsible if they can demonstrate that they have done everything possible to monitor the situation, said Ashton. Coun. Rory McIvor also wondered what the city will do to ensure all landlords are aware of the new bylaw. Kler said the city cannot reach all landlords, but will do its best to ensure they are aware of the bylaw. The proposed bylaw still requires council's final approval and concerned landlords can submit their comments at the Oct. 4 public hearing scheduled for 7 p.m. at City Hall. Under the Community Charter, the city has to right to regulate private property, but must afford affected owners a chance to comment on legislation, said Kler. - --- MAP posted-by: Derek