Pubdate: Wed, 07 Jul 2010 Source: Okotoks Western Wheel (CN AB) Copyright: 2010, Okotoks Western Wheel Contact: http://www.westernwheel.com/contact Website: http://www.westernwheel.com/ Details: http://www.mapinc.org/media/1638 Author: Darlene Casten CLEANING UP GROW OPS NO EASY TASK A move to force prompt clean sweeps of homes ruined by marijuana grow-ops seems like a no-brainer, but may be more complicated than it sounds. Okotoks town councillor Beth Kish has given notice that she intends to introduce a bylaw that would declare grow op houses uninhabitable and require them to be repaired and inspected before anyone can move back in. Fixing the problem is a lot more difficult than creating a bylaw. In B.C. and in Calgary significant changes have been made to their laws to create the ability for officials, other than police, to investigate and react to potential marijuana grow-operations. In Calgary, the city created the STOP Grow Ops Calgary Coalition. The coalition works in partnership with electricity providers to identify electricity theft. City council also made changes to its fire code that allows the fire safety codes officer to force homeowners to remediate the home up to safe standards. In B.C. provincial laws have been created that make many of the conditions associated with grow-ops, like house alterations and the presence of mold, illegal. When infractions are detected a public safety team, that keeps police at an arm's length, and includes a fire inspector, building inspector and electrical advisors, visit the home and can force the owner to clean up any infractions related to the grow-op. Several cities have adopted the Province's bylaws relating to grow-op infractions and have established public inspection teams, including Surrey, Langley and Abbotsford. Under the bylaw harsh financial penalties can be handed out to homeowners. In Kelowna, the city council has taken on two former grow-op homeowners by charging them $2,500 for a safety inspection. The fines will be added to the homeowners' tax bills. The city also said if the homeowners don't pay their taxes they will seize the homes and sell them to recoup their costs. However, one Kelowna town councillor said many homeowners procrastinate because of the crippling cost of repairing homes damaged by marijuana grow-ops. That is where the problem lies. How do you force someone who just lost an investment worth hundreds of thousands of dollars to pour money into fixing it up? In most cases people can hold on for a while, paying the mortgage without a renter, but when the reality finally sinks in that they can't afford the mortgage, the homeowner is often forced to foreclose. The question is if a homeowner can't afford to fix their problems, then is the Town going to force the bank, or the person who buys the home, to get the work done and if so how quickly? The bylaw will have to set timelines for necessary repairs. And in the end how often will it be that the person who owned the home is on the hook? If the owner of the home had the grow-op and is successfully prosecuted, they are likely going to spend some time in prison. In the case of landlords, many will have to pass the problem on to someone else. However, a lot can be said for forcing landlords to be diligent when it comes to screening and keeping an eye on their rental properties. A simple drive-by past one of the four marijuana grow-ops busted in Okotoks over the past year, likely would have drawn suspicion. Most are unfurnished and have unkempt yards. In Westmount the neighbours said they could smell the marijuana outside the home. Any diligence on the part of the homeowner could have nipped the problem in the bud. Those with out of town properties should get a friend, family member or property manager to keep an eye on their rental properties. Maybe the threat of future fines and the cost of repairing a ruined home will at least get local landlords thinking about the problem, which is clearly on the grow in Okotoks. A move to force prompt clean sweeps of homes ruined by marijuana grow-ops seems like a no-brainer, but may be more complicated than it sounds. Okotoks town councillor Beth Kish has given notice that she intends to introduce a bylaw that would declare grow op houses uninhabitable and require them to be repaired and inspected before anyone can move back in. Fixing the problem is a lot more difficult than creating a bylaw. In B.C. and in Calgary significant changes have been made to their laws to create the ability for officials, other than police, to investigate and react to potential marijuana grow-operations. In Calgary, the city created the STOP Grow Ops Calgary Coalition. The coalition works in partnership with electricity providers to identify electricity theft. City council also made changes to its fire code that allows the fire safety codes officer to force homeowners to remediate the home up to safe standards. In B.C. provincial laws have been created that make many of the conditions associated with grow-ops, like house alterations and the presence of mold, illegal. When infractions are detected a public safety team, that keeps police at an arm's length, and includes a fire inspector, building inspector and electrical advisors, visit the home and can force the owner to clean up any infractions related to the grow-op. Several cities have adopted the Province's bylaws relating to grow-op infractions and have established public inspection teams, including Surrey, Langley and Abbotsford. Under the bylaw harsh financial penalties can be handed out to homeowners. In Kelowna, the city council has taken on two former grow-op homeowners by charging them $2,500 for a safety inspection. The fines will be added to the homeowners' tax bills. The city also said if the homeowners don't pay their taxes they will seize the homes and sell them to recoup their costs. However, one Kelowna town councillor said many homeowners procrastinate because of the crippling cost of repairing homes damaged by marijuana grow-ops. That is where the problem lies. How do you force someone who just lost an investment worth hundreds of thousands of dollars to pour money into fixing it up? In most cases people can hold on for a while, paying the mortgage without a renter, but when the reality finally sinks in that they can't afford the mortgage, the homeowner is often forced to foreclose. The question is if a homeowner can't afford to fix their problems, then is the Town going to force the bank, or the person who buys the home, to get the work done and if so how quickly? The bylaw will have to set timelines for necessary repairs. And in the end how often will it be that the person who owned the home is on the hook? If the owner of the home had the grow-op and is successfully prosecuted, they are likely going to spend some time in prison. In the case of landlords, many will have to pass the problem on to someone else. However, a lot can be said for forcing landlords to be diligent when it comes to screening and keeping an eye on their rental properties. A simple drive-by past one of the four marijuana grow-ops busted in Okotoks over the past year, likely would have drawn suspicion. Most are unfurnished and have unkempt yards. In Westmount the neighbours said they could smell the marijuana outside the home. Any diligence on the part of the homeowner could have nipped the problem in the bud. Those with out of town properties should get a friend, family member or property manager to keep an eye on their rental properties. Maybe the threat of future fines and the cost of repairing a ruined home will at least get local landlords thinking about the problem, which is clearly on the grow in Okotoks. - --- MAP posted-by: Keith Brilhart