Pubdate: Tue, 14 Mar 2006
Source: Sentinel Review (CN ON)
Copyright: 2006 Annex Publishing & Printing Inc.
Contact:  http://woodstocksentinelreview.ca/
Details: http://www.mapinc.org/media/2385
Author: Bruce Urquhart, Staff Writer

OCPS LOOKING TO RECOVER COSTS OF DISMANTLING GROW OPERATIONS

Mississauga And Brampton Among Cities Who Have Passed Bylaws

The Oxford Community Police Service Board is investigating a novel
approach to recouping some of the costs associated with dismantling
the growing number of marijuana grow operations.

At Monday's board meeting, the members endorsed Chief Ron Fraser's
request to research bylaws adopted by the cities of Brampton and
Mississauga, as well as legislation passed in British Columbia, that
allow municipalities to recover a portion of the costs from the
occupant or property owner of a dismantled grow operation.

"We do dismantle these grow operations in all the (member)
municipalities, and there is some cost associated," Fraser said. "The
intent is to put some sort of lien on the property to recoup the cost
of doing it."

The B.C. legislation is the most sweeping, allowing its municipalities
to recover these expenses by permitting a priority lien on the grow-op
premises. The Mississauga bylaw, which is permitted under the
Municipal Act, allows its officers to issue the maximum fine
"permitted under Part III of the Provincial Offences Act, R.S.O. 1990,
c. P.33, as amended, exclusive of costs." Corporations that do not
comply with this Mississauga bylaw can face a maximum fine of $5,000.

In all three agreements, the police service invoices the municipality
for the enforcement costs before the municipality attempts its
recovery from the occupant or property owner. The costs are then
levied to the property owner through the municipal tax roll, helping
offset the cost of this type of criminal activity.

"Anything that addresses the cost of criminal behaviour and reduces
the cost to the taxpayer certainly has my support," Woodstock Mayor
Michael Harding said after the meeting.

Fraser called the costs associated with the recent spate of grow
operations as "substantial," saying the overtime involved in the
search and seizure at the former Gold Coin restaurant in Woodstock
cost more than $12,000. The costs associated with the less elaborate
grow operations are still considerable, the chief added.

"You still have four or five officers involved working at least 20
hours each," he said.

While the federal government does have "proceeds-of-crime"
legislation, it doesn't really deal with a municipality's costs in
grow-op enforcement. During a May 2005 meeting of the province's
standing committee on justice policy, Supt. Ron Taverner, the chair of
the Ontario Association of Chiefs of Police's substance abuse
committee, urged the Liberal government to change Bill 128 to mirror
the cost-recovery provisions in the B.C. legislation.

"One of the things we are asking for is some legislative powers for
the municipality to collect so that some funds can go back into the
effective investigation, enforcement, entries-these sorts of things,"
Taverner said. "It's very costly."

In 2005, the Oxford Community Police Service dismantled a number of
grow operations in its jurisdiction, including a $340,000 lab on
Blandford-Blenheim Township Road 4 and a $300,000 lab on Springbank
Road in Woodstock. In addition to the social costs of a "controlled
substance factory," marijuana grow operations carry an increased risk
of both residential fires and electrical shock because of bypassed
hydro connections.
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MAP posted-by: Derek