Pubdate: Wed, 07 Mar 2007 Source: Oliver Chronicle (CN BC) Copyright: 2007 Oliver Chronicle Contact: http://www.oliverchronicle.com/ Details: http://www.mapinc.org/media/875 Author: Karen Knelsen NEW BYLAW HOLDS LANDLORDS MORE ACCOUNTABLE Do you know who your tenants are? You better -- because if you are a landlord, there's a new bylaw in Oliver that will hold you more accountable for what happens in your home. "It's a strong message to landlords to keep an eye on their properties," said Oliver mayor Ron Hovanes regarding a new bylaw currently under readings by town council. The bylaw, called the Controlled Substance Nuisance Bylaw, is expected to be adopted in March, and proposes requirements on controlled substance properties and property owners. According to a report put forth by town staff, the bylaw demands that landlords (or their representatives) inspect their properties once every three months, and make hard copy notes, to be produced on request by bylaw enforcement officers, to prove that there is no illegal or unsafe activity occurring on their land. As well, it states that no property found to be in contravention can be re-occupied until it receives approval from a municipal building inspector. Alleson Mandziuk, Oliver's corporate officer, explained where the idea and the model of the bylaw came from. "The bylaw that this is based on is a model bylaw prepared for the UBCM (Union of BC Municipalities)," she said. Currently the bylaw is awaiting its fourth reading and final adoption. The process to this point has involved some major renovations. Town staff and council have been examining the small print and receiving input from landlords -- the demographic the bylaw is aimed at. "When they talked about it in August a property owner who had properties gave council some comments," said Mandziuk. Under the original bylaw, the homeowners were to be fined substantially if any illegal or unsafe activity were found to be in operation on their property, whether they knew about it or not, said Mandziuk. She said council had to strongly consider whether it was fair for landlords who reported contraventions, to be then punished. Now the bylaw has been changed, and has undergone further scrutiny. "The bylaw was one that was vetted through lawyers, the RCMP, and the Fire Chief. The RCMP had no concerns, the fire chief wanted to make sure the safety of his members was addressed." Changes were made accordingly. The bylaw isn't just in place for illegal activity prevention, said Mandziuk. "It's not just drugs, it's garbage, and unsightliness, mould, tampering with meters " she said. "Really, the crux of the bylaw is putting the onus on the property owner. If they are co-operating and they find that a grow-op is happening, they can report it to us." It's a bylaw that keeps public safety and future renters in mind too. "Generally the purpose of doing this is to protect the health and safety of residents, and that if it isn't safe, a building isn't occupied until it's deemed safe. If a building has been shown to have contravention, basically the building can't be occupied until it has been inspected by a qualified person to say that remedial measures have been taken," said Mandziuk. Ron Casorso is an Oliver landlord, and he's had the opportunity to speak to town council and staff about the new regulations, and voice his concerns as well as his approval. He agrees that a good landlord should be aware of what is occurring on his property, but questions the rationale behind the requirement to report certain things, where to report them to, and even the temporary prohibition of occupancy while waiting for a building inspection. "Point blank, any landlord who doesn't go and check every three months is really an idiot. They're just asking for trouble," Casorso said. He explained his reservations regarding the rest of the bylaw. "I'm just worried about overreacting. There are some situations where it's necessary, but if it's the equivalent of three houseplants, maybe it isn't." He said he thinks if a house can't be occupied for health reasons, it's one thing. "If it's a case of bureaucracy, that's wrong." RCMP Staff Sergeant Kevin Schur said there's not a set amount of time a house will be shut down. "If it was a closet and the bylaw required them to have the closet cleaned, the cost (and time) would be minimal," he said. "If you have three plants, the bylaw doesn't say you have to rip all the walls out of the house." Casorso doesn't see how the municipality should be involved in what seems to be criminal justice legislation. "The Town has no capacity to deal with criminal activities to report to the Town, I mean, who are you going to report to?" Mandziuk said that if a landlord does have to file a report on contravened activity on their property, they can go to the town hall and staff would forward the information to the appropriate people, more than likely the bylaw enforcement officers. Hovanes has the community and the community's service workers at the forefront of his thinking where the bylaw is concerned. He believes that any opposition will be worth it. "(Drug houses are) a threat to the community at large, to children and neighbors and also those with emergency services. There are real grave concerns."