Pubdate: Fri, 04 Aug 2006
Source: Chief, The (CN BC)
Copyright: 2006 Whistler Printing & Publishing
Contact:  http://www.squamishchief.com/
Details: http://www.mapinc.org/media/2414
Author: Sylvie Paillard
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/find?241 (Methamphetamine - Canada)

PROPERTY OWNERS NOW RESPONSIBLE FOR GROW-OPS

Council Passes Drug Operation Bylaw

Property owners are now responsible for ensuring tenants obey the law when 
it comes to drug operations.

Council for the District of Squamish passed the nuisance controlled 
substance bylaw during the Tuesday (Aug. 1) council meeting with Coun. Greg 
Gardner opposed.

"I understand the evils it tries to address," said Gardner. "But I'm quite 
troubled with the onus [being] on the property owners and burden on 
[district] staff. I think it needs more consideration."

Gardner said he was also concerned with the cost to the district in terms 
of the additional work staff would have to undertake.

The bylaw states property owners must now inspect their rental properties 
every three months to ensure tenants are not manufacturing drugs or running 
marijuana grow operations, also known as Controlled Substances Properties 
(CSP). The bylaw also allows the municipality to fine owners and bill them 
for the cost of police investigations if a grow-op or drug lab is 
discovered without the owner's notification.

The bylaw was first introduced and passed its first three readings on June 
20, shortly before Gardner was sworn in as councillor. At the time, no one 
on council expressed concerns.

Squamish council is only one of several B.C. municipal governments 
supporting the provincially endorsed bylaw, which was drafted by the Union 
of British Columbia Municipalities (UBCM).

Property owners will also be required to maintain a written log of 
inspections, to provide the log when requested by an inspector, and to 
report any found CSP to the district within 24 hours of finding it.

If RCMP or inspectors suspect and discover a CSP without the property 
owner's notification, the owner is billed with policing and district 
enforcement costs, starting at $500 for an inspection. If these service 
fees are not paid, they can be collected as property taxes. The fees are 
justified due to the costs and hazards associated with CSPs.

Since the bylaw's introduction, the district has run two ads in The Chief 
advising residents of its intended adoption. In the last two weeks, no one 
has come forward to raise concerns, according to Coun. Jeff McKenzie.

Director of protective services Cliff Doherty said the cost of additional 
staff would be offset by the collection of fines. Property managers like 
the bylaw, he said, because it gives them a reason to enter the premises. 
"Personally, I've received no negative comments," he said. "Police welcome it."

Coun. Corinne Lonsdale said she supports the bylaw because it addresses the 
frustration of communities around the province who feel they have no means 
of addressing CSPs.

And a staff report states: "RCMP officers in Squamish are routinely 
investigating and 'busting' illegal marijuana cultivation operations. This 
bylaw will authorize proper cleanup of these sites as well as a framework 
for dealing with cleanup of the more hazardous methamphetamine labs."

A grow-op was discovered as recently as Monday (July 31), said Doherty. A 
landlord entered a premises when the tenant had gone several months without 
paying rent and discovered marijuana plants growing.

"Meth labs use many chemicals, which are toxic and extremely volatile when 
combined," states the report. "With these sites, a firefighter and any 
other first responder or safety staff must be cognizant of the additional 
risks posed by hydro bypass, booby traps protecting the operation, 
electrical wiring entanglements, confrontation with attack dogs, and 
collection of toxic chemicals. In addition to the danger, there is 
currently the cost to the taxpayer for providing first responder, 
operations, and other services."

Doherty said building inspectors have the option of following Richmond's 
example by entering rental units with security guards.

Once the CSP is discovered, the owner has two months to make the site 
livable by removing mould and thoroughly cleaning the residence. Owners are 
encouraged to follow new regulations or face more costs through minimum 
$1,000 fines for a number of offences including failure to notify 
inspectors, failure to provide inspection logs, altered hydro meters, 
failure to properly clean premises after CSP discovery and failure to 
notify neighbouring tenants or new tenants of CSP discovery.

The bylaw will also entitle district staff, landlords and other authorities 
to shut off water service despite a provincial Residential Tenancy Office 
regulation that states: "It is an offence for a landlord to discontinue 
providing a service or facility that is essential to the tenant's use of 
the site or unit for their residence."

Conflicting regulations may be resolved through the bylaw's "severability" 
clause, which states: "If a portion of this bylaw is found invalid by a 
court, it is the intention of the council that the portion be severed and 
that the remainder of the bylaw remain in effect."
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MAP posted-by: Jay Bergstrom