Pubdate: Tue, 27 Mar 2007
Source: Ladysmith Chronicle (CN BC)
Copyright: 2007 BC Newspaper Group & New Media
Contact:  http://www.ladysmithchronicle.com
Details: http://www.mapinc.org/media/1279
Author: Rebecca Aldous
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

LANDLORDS BLAST NORTH COWICHAN POT BYLAW

Landowners warn North Cowichan's bylaw mandating property inspections 
every two months is expensive and ineffective.

Just over a month after the bylaw took effect, Rental Owners and 
Managers Association of British Columbia director Arthur Allan told 
council the new bylaw, meant to crack down on marijuana grow 
operations, inconveniences the wrong people.

"You are going to be annoying people who are not the problem," Allan says.

Before the new bylaw, Allan, who is also the president of Rowan 
Property Management Ltd., would inspect new tenants within the first 
three months of moving in and every six months thereafter.

He says by making potential tenants aware of the system, drug dealers 
were weeded out before they signed on the dotted line. Allan added 
the Residential Tenancy Act already allows owners to make monthly 
inspections if warranted.

"If I start beating on the doors every two months, we will start 
losing the good will of our tenants," he says.

Allan says abiding by the new law is taking money from landowners' 
pockets. He estimates the bylaw will result in a 20 per cent increase 
in owners' operating costs. The cost of an inspection is 
approximately $50 to $100. Allan expects these costs will be dumped 
on tenants, representing an eight per cent rent hike for a $600 unit.

"What isn't anticipated in the bylaw is the time it takes to arrange 
inspections," Allan says.

He says tenants must agree to an inspector visiting the property. A 
time and date must be arranged. If the tenant refuses, the owner must 
get a Residential Tenancy Branch (RTB) arbitrator to issue an 
inspection order, which costs the owner $50.

"This takes a lot of time preparing and delivering documents to the 
RTB and the tenant," Allan says.

More importantly, says Allan, if an owner is bylaw-compliant and does 
not find any signs of a grow-op and a week later the property burns 
down, the owner is subject to all the fees, service costs and 
penalties enshrined in the bylaw.

If the owner suspects something suspicious and reports it, service 
costs are waived. He noted North Cowichan landowners would be on the 
hook regardless of whether they adhered to the bylaw or not.

"Owners, whether they inspect or not, will be fined or charged with 
financial penalties greater than the courts typically determine for 
the operator of the grow operation," Allan says.

He says landowners are sympathetic to the municipality's desire to 
rid the community of the illegal drug trade and admits grow 
operations are a big nuisance for property owners.

"I would like to find a way to solve the problem," Allan says.

Mayor Jon Lefebure says with the exception of councillor Dave Haywood 
and George Seymour, council supported the bylaw. However, he noted 
Arthur Allan raised some legitimate questions.

"We do have the ability to amend [the bylaw] or alter it," Lefebure says.

"The last thing I ever want is to think that we are perfect and 
because we voted for something, that made it right. We have to be 
listening and we have to be prepared to change things if we think we 
made a mistake or we could improve something."

He will be in discussions with North Cowichan director of 
administration Mark Ruttan. Lefebure says any amendments to the bylaw 
would occur next year.

Councillor Glen Ridgway, who worked in conjunction with police to 
establish the two month time frame based on marijuana growth cycles, 
challenged Allan to come up with a better solution.
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MAP posted-by: Jay Bergstrom