Pubdate: Fri, 01 Oct 2004
Source: Kamloops Daily News (CN BC)
Copyright: 2004 Kamloops Daily News
Contact:  http://www.kamloopsnews.ca/
Details: http://www.mapinc.org/media/679
Author: Michele Young
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

CITY LOOKS AT GROW-OP BYLAW

City landlords could soon have to check on their properties at least
every six months to ensure their tenants aren't growing rooms full of
marijuana plants.

The city's police committee discussed the idea of a grow-op bylaw
Thursday, and while there's nothing yet, there could be something in
place by year's end.

City corporate clerk Wayne Vollrath outlined for the committee members
the steps that have been taken in Surrey, Nanaimo, New Westminster and
Chilliwack.

Vollrath said Kamloops city council can pick and choose from three
main areas of regulation: the removal of the illegal operation with
the cost of the RCMP going to the landlord; if a grow-op is found, the
city could turn off water to the residence until the owner fixes and
thoroughly cleans the building; and/or require landlords to check
every six months to see whether pot is being cultivated.

Coun. Pat Wallace asked if a bylaw would apply to apartment buildings
as well as houses.

RCMP Insp. Ralph Carriere said he couldn't think of any large-scale
grow-op being found in an apartment or a basement suite. Those that
are set up in houses can be spread through the entire building, with
walls being torn out and pipes and wires everywhere.

"These houses are destroyed. They're inhabitable," he
said.

"When we go in, we have to take an electrician in for
safety."

The houses are often infested with molds and spores that can cause
serious health problems in people. A coat of paint will not get rid of
mold, Carriere said.

Coun. Terry Lake questioned whether landlords have the authority to
enter a rental unit. Wallace said she thought the tenant had to be
given 48 hours' notice, which would give the grower time to hide evidence.

Mayor Mel Rothenburger suggested the inspection notice could be
addressed when the tenant and landlord sign their rental agreement. He
added the number of communities moving toward a grow-op bylaw is
mushrooming.

"I would like to believe all responsible landlords would support this
approach," he said.

Lake proposed a public meeting on the issue be organized, as there are
many people in Kamloops who own rental properties.

Wallace said before taking any more action, the city should check to
see what the regulations are concerning landlord inspections in the
Residential Tenancy Act.

The act is provincial legislation, which means it takes precedence
over city bylaws, Vollrath explained. However, he continued, it's
possible the city could ask the province to amend the applicable section.

Once public feedback is in, the issue would likely go to municipal
politicians.

"By the end of the year, we should be able to get this to council,"
said Rothenburger.
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MAP posted-by: Derek