Pubdate: Wed, 22 Mar 2006
Source: Penticton Western (CN BC)
Copyright: 2006 Penticton Western
Contact:  http://www.pentictonwesternnews.com/
Details: http://www.mapinc.org/media/1310
Author: Wolf Depner
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

CITY'S GROW OP BYLAW CHANGED TO REDUCE ONUS ON LANDLORDS

City staff conceded revisions to the city's long-delayed anti-grow-op 
bylaw met opposition from the RCMP. "They (the RCMP) would like more, 
but that is what we compromised on," said city administrator Leo den Boer.

He made that statement Monday when the public first heard proposed 
revisions to the bylaw designed to curb indoor marijuana grow 
operations. Council first read the bylaw in September in 2004, but 
soon met opposition from landlords who felt singled out.

Landlords complained that the original bylaw put too much 
responsibility onto them and not enough onto tenants. The original 
bylaw required landlords to inspect their properties every 90 days 
and imposed daily fines of up $10,000 for summary convictions.

Director of corporate services Jack Kler said the revised bylaw 
dropped the 90-day inspection requirement. This is now a due 
diligence issue left up to the owners, he said.

Kler also said the city dropped the size of the applicable fine to $5,000.

Other changes include an expanded definition of property owner to 
include a person who any has any kind of stake in a property.

Den Boer said the revisions do not require a second public hearing, 
but added the public will have a chance to comment on them when 
council considers the bylaw at its next meeting.

Councillors praised the revisions.

Coun. Garry Litke said the passing of the bylaw is welcome news among 
the members of the city's social development advisory committee and 
drug task force .

Coun. John Vassilaki said he is happy that the "onus" is shifted away 
from the property owners toward the lawbreakers.

"Being a landlord, it is a good thing," he said.

He said during earlier discussions that he is glad council dropped 
the 90-day inspection requirement. That requirement would have 
endangered the lives of property owners, he said.

Coun. Rory McIvor said the bylaw will give landlords another way to 
protect their properties from the effects of indoor marijuana grow 
operations and other facilities such as meth labs.

It also gives police another tool in the war against illicit drug use 
in the community.

Coun. Ashton, who along with McIvor and Vassilaki served on the 
council that first introduced the bylaw, said he would reserve 
comment until he has heard from the public.

Vassilaki, McIvor and Ashton in 2004 voted for the original bylaw 
which former mayor David Perry called a "landmark piece" that would 
put Penticton in the forefront of the fight against the "scourge" of 
grow operations.

City staff said at the time that the bylaw was to be tougher than 
existing ones.

While the bylaw drew criticism right away in 2004, Penticton's top 
cop praised it.

Insp. Dan Fudge, who was not available for comment, said at the time 
that grow operations threaten human property and life.

Grow operations are an "epidemic" with most operations controlled by 
organized crime, Fudge said at the time.
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MAP posted-by: Jay Bergstrom