Pubdate: Sun, 03 Oct 2004
Source: Kamloops This Week (CN BC)
Copyright: 2004 Kamloops This Week
Contact:  http://www.kamloopsthisweek.com/
Details: http://www.mapinc.org/media/1271
Author: Markus Ermisch

STRONG GROW-OP BYLAW CONSIDERED

Political support for a grow-op bylaw is certainly there, but legal
wrinkles still need to be ironed out before it can be enacted.

"I would like to pass the whole thing," said Coun. Terry Lake during
Thursday's police committee meeting. "But do landlords have the right
to inspect [their property] every six months?"

That's what the proposed grow-op bylaw would require landlords to do
if passed in its entirety.

According to the Residential Tenancy Act, the legislation that governs
tenant-landlord relationships in B.C., a tenant is entitled to the
exclusive possession of a rental unit.

However, a landlord may enter a rental unit if the tenant is given
written notice at least 24 hours and no more than 30 days in advance.
A landlord may also enter with an arbitrator's or court order.

Coun. Pat Wallace said absentee landlords could also be problematic
when trying to enforce the proposed bylaw.

But Mayor Mel Rothenburger said this issue could be dealt with by
inserting an appropriate clause into tenancy agreements.

RCMP Supt. Jim Begley and Insp. Ralph Carriere, both present at the
meeting, supported the proposed bylaw.

"It would be a useful tool for us," Begley said.

If the bylaw outlined by corporate affairs director Wayne Vollrath was
introduced unchanged, it would have more bite than other grow-op
bylaws in the province.

Not only would it deal with marijuana grow operations, it would also
deal with the manufacture of all controlled substances. It would
require property owners to inspect their property every six months and
charge property owners for any incurred police inspection costs.

In the event of not paying up, the outstanding sum would be added to
taxes. Also, provided that seven days' written notice is given, the
city can turn off the water to a property used to manufacture
controlled substances.

"This is the full meal deal," Vollrath said.

A bylaw could be in place as early as December. Communities with
similar bylaws are Surrey, Nanaimo, New West minster and Chilli wack.
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MAP posted-by: Derek