Pubdate: Tue, 25 Sep 2007
Source: Whitehorse Star (CN YK)
Copyright: 2007 Whitehorse Star
Contact:  http://www.whitehorsestar.com/
Details: http://www.mapinc.org/media/1493
Author: Sarah Gilmour

GRAHAM WANTS LANDLORDS EDUCATED ABOUT LAW

A controversial drug house bylaw has passed, with marked opposition
from one city councillor.

Coun. Florence Roberts voted against both the controlled substances
bylaw and fee amendment bylaw as they received their third and final
readings at Monday evening's city council meeting.

"I am voting against this bylaw because I have misgivings about the
intent and interpretation of the document," she said.

Council had delayed giving these bylaws third reading for two weeks,
to allow for amendments and considerations to be made to the bylaw's
fees and imperative wording.

The bylaw places the onus on landlords to thwart and report illegal
drug operations being carried out on their premises.

Landlords who do not alert RCMP face city fines as high as $84,000,
whether or not the landlord even knew about the illegal activity.

Coun. Doug Graham had previously said he would vote against the bill,
unless certain wording was changed.

"I would suggest an amendment to section 27," said Graham, as city
council entertained final changes to the bylaw.

Section 27 makes it imperative for landlords to replace carpeting and
curtains, and have all air filtration systems, floors, walls, ceilings
and cabinets cleaned or replaced, following the enactment of the drug
house bylaw.

The wording of the section was changed to include the words, 'if
deemed necessary by the manager of bylaw services.' With that change,
Graham said he was satisfied with the bylaw.

"I don't have any problems with it," he said. "But it is essential
that the manager of bylaw services hold public meetings with the
landlords of this city, and make sure they understand clearly."

Graham had previously raised concerns that the bylaw would unfairly
punish landlords. He gave the example of older landlords who fly south
for the winter while renting out a premises, who may return to find a
drug production operation has gone on, and face $84,000 in fines.

The fines were not amended at Monday's meeting, which is one of the
reasons Roberts said she voted against the bylaw. She also said the
bylaw, while understood by the current council, has the potential to
be misused by future councils.

"It is a piece of legislation we hope will never have to be used, but
it will be on the books for others to put their interpretation on many
years from now, and I would like to see it clearer and more concise."

Coun. Jan Stick reminded council that the bylaw's punitive measures
will only take effect if landlords do not report suspected illegal
activity.

"It discourages people from using properties as grow ops, or drug
labs. I support this," she said.

"We've received a lot of letters from people about this bylaw," said
Coun. Dave Stockdale. "Were landlords consulted when we put this together?"

Robert Fendrick, the city's director of administrative services, told
Stockdale this bylaw received the same public process as any bylaw
does, but that no consultation was held between the city and landlords
in penning the legislation.

Mayor Bev Buckway and councillors Graham, Stick and Stockdale voted in
favour of the bylaw. Councillors Jeanine Myhre and Dave Austin were
not present.

"This bylaw has gone through a legal review as well, which has cost us
money," said Buckway. "It's to send a message: We don't want drug
operations or grow operations in our communities."

Bylaw services manager John Taylor, who was at the meeting, nodded his
head in agreement when asked to communicate this bylaw's intent and
guidelines with the city landlords. 
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MAP posted-by: Richard Lake