Pubdate: Wed, 06 Oct 2004
Source: Penticton Herald (CN BC)
Copyright: 2004 The Okanagan Valley Group of Newspapers
Contact:  http://www.pentictonherald.ca/
Details: http://www.mapinc.org/media/664
Author: John Moorhouse
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

GROW-OP FINE UNFAIR, CITY TOLD

Penticton city council has taken another step in its battle against
marijuana grow operations, but not without getting an earful from
rental property owners and other residents.

A public hearing was held Monday night on a bylaw which would allow
the city to levy up to $10,000 in fines and recover costs from the
owners of properties where grow-ops are discovered.

The proposal didn't sit well with most of those addressing the
hearing.

Diane McAvoy, a property owner on Van Horne Street, said she knows of
at least three out-of-town landlords who vowed to sell their
properties immediately and no longer invest in Penticton if the bylaw
is enacted.

"It is putting the onus on the owners for the total responsibility for
other people's illegal acts, which I think is totally unfair, unjust
and entirely unenforceable," she said.

McAvoy noted the provincial Tenancy Act states landlords must give
renters at least 24 hours' notice before an inspection can take place.

She added the city's bylaw could make finding a place to rent more
difficult for students and other young people, affecting college
enrolment in Penticton.

Tanya Watts said property owners victimized by a grow operation in a
rental property can face repair bills of $30,000 to $50,000 to their
house. She said it would be unfair to fine the property owners or make
them responsible for any electricity which may have been stolen.

Eckhardt Avenue resident Dennis Baker said the city doesn't have the
authority to override the Charter of Rights and order arbitrary
searches of people's homes.

Karl Schrank echoed those concerns.

"You have no right," he called out from the public gallery following
an address to council.

However, Insp. Dan Fudge of the Penticton RCMP said he fully supports
the city initiative and described indoor grow-ops as a "modern-day
epidemic."

"We feel these bylaws will hopefully deter individuals and organized
crime from setting up marijuana grow operations," Fudge said. "The
message we send from this proposed bylaw, in our view, is we will not
tolerate grow operations within our community."

He noted a combined Summerland, Penticton, South Okanagan RCMP drug
sweep last January discovered 32 grow operations during a six-week
period.

Although council voted 5-1 in favour of second and third readings of
the bylaw, many council members were clearly hesitant to give final
approval without further review.

"Perhaps we should give the landlord some kind of protection," said
Coun. John Vassilaki. "As long as they have done the best they can to
prevent this from happening on their properties . . . they should be
let off the hook when it comes to cost and other items that are in
this bylaw."

Coun. Dan Ashton said he worries about the potential the city might
"dig its heels in" while pursuing restitution from a landlord.

Mayor David Perry urged council to proceed with the bylaw, which he
views as a "watershed moment for this particular council."

"I do not see this bylaw as being punitive on them," Perry said. "Any
good landlord, in my view, would be inspecting their property on a
regular basis to ensure the tenants are not damaging their property."

Coun. Gary Leaman was the lone council member to vote against the
bylaw.

Leaman said although he supports the spirit and direction of the
proposal, he believes the bylaw is "very flawed in terms of its
downside to the conscientious residential property landlord."
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MAP posted-by: Derek