Pubdate: Wed, 05 Apr 2006
Source: Penticton Herald (CN BC)
Copyright: 2006 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 (Marijuana - Canada)

CITY GETS NEW TOOL IN WAR ON DRUGS

Almost two years after first being proposed, a city bylaw aimed at
reducing the number of marijuana grow-ops and other drug operations in
Penticton is now officially on the books.

City council voted unanimously Monday night to adopt the bylaw which
outlines fines and other penalties for landlords who turn a blind eye
to grow-ops in their rental homes.

But after getting an earful from a landlords' spokesperson over the
ramifications of the regulations, council also agreed to review the
legislation a year from now to determine its effectiveness.

The bylaw states landlords could face a maximum $5,000 fine upon
conviction and be liable for remediation costs associated with the
diversion of city water or electrical service, as well as certain
police costs.

An earlier proposal calling for landlords to inspect their rental
properties every 90 days has been dropped.

Penticton RCMP Insp. Dan Fudge said a recent college study found B.C.
has three times the number of grow-ops than the national average. One
in five involved the theft of electricity. He added that buildings
with marijuana grow-ops are 24 times more likely to have a fire than
other dwellings.

Fudge said the new bylaw sends a clear message to those involved in
grow-ops, while putting landlords on notice that they have an
obligation to make sure their property is not used for such illegal
activity.

However, Dianne McEvoy, who manages several city properties for
friends who live out of town, said the new "watered-down version" of
the bylaw still leaves many questions unanswered -- including how many
plants represent a grow-op.

"Although I keep hearing this bylaw is meant to only target the one
per cent of landlords who look the other way, I don't believe you,"
she told council.

She noted the bylaw leaves it up to city hall to decide who it will be
enforced against and to what level.

McEvoy said it's unfair for the city to ask landlords to do police
work.

"You're asking uninformed, unskilled and untrained people to not only
potentially put themselves in harm's way, but to do the RCMP's job in
determining an illegal activity is taking place," she said.

"You can enact all the bylaws you want, but if you don't have the
police enforcement there to actually follow through on it, it's not
going to make a damn bit of difference."

Instead, McEvoy called for stronger provincial and federal laws
dealing with drug operations and stiffer sentences handed down by the
courts.

Derek McGregor, a visiting landlord from Calgary, said he found
grow-ops in two of three rental houses he owns in Penticton.

Mayor Jake Kimberley defended the bylaw, noting the city is simply
asking landlords to take due diligence in checking for grow-ops. They
should then contact the RCMP.

Similar bylaws enacted by other B.C. municipalities have been proven
effective, Kimberley said. It's believed Penticton is the first
Okanagan city to enact such legislation.

The mayor added it gives the RCMP another tool in their ongoing battle
against drugs

"It's not just the drugs that's the problem, it's the crime that comes
with it," he said.

Coun. Rory McIvor said the city is only targeting the tiny percentage
of landlords who turn a blind eye to the problem, even when informed
of such activities. Those people deserved to be punished, he said.

Council voted unanimously to review the new bylaw a year from now to
determine its effectiveness.

"This tool has to be used properly," said Coun. Dan Ashton, who
suggested the city should consider the costs landlords could face.

"I hope the city isn't the hardened organization that some people
believe that it is and we do have a bit of sympathy in our hearts when
somebody is caught in a situation where there are terrific costs
imposed upon them." 
- ---
MAP posted-by: Richard Lake