Pubdate: Sun, 05 Aug 2007 Source: Kelowna Capital News (CN BC) Copyright: 2007, West Partners Publishing Ltd. Contact: http://www.kelownacapnews.com/ Details: http://www.mapinc.org/media/1294 Author: Cheryl Wierda Bookmark: http://www.mapinc.org/coke.htm (Cocaine) PUTTING THE SQUEEZE ON CRACK HEADS RCMP are now using city bylaws to help identify and close down crack houses in Kelowna. Residents living on a number of the city's streets are exposed to open drug dealing and use, impaired drivers, property crime and garbage littering the streets because of the crack cocaine dealers who have set up shop in some of the city's homes. In today's close-up, Capital News crime reporter Cheryl Wierda looks at what is being done to address the issue of crack shacks now and what city officials are trying to do in the future with a proposed bylaw revision. Lawson Avenue is a pleasant looking street, with a number of charming houses lining the roadway and yards overflowing with colourful blooms. But a gaunt woman, riding on the front handle bars of a bicycle, gives an indication of the problem facing residents of the street. Near the corner of Lawson Avenue and Richter Street is a house that has been busted by the RCMP several times in the past eight weeks for drug dealing, and the illegal activities at the house are playing on the nerves of the neighbourhood. "It's kind a scary," one resident told the Capital News. "There's so many people coming and going constantly." Alongside the road in front of the crack house, residents can watch drug deals take place. They're also faced with noise at all hours and garbage that's discarded by crack addicts who stop for a snack. "It's dangerous," said one young mother, who didn't want to be identified. "I've heard them walking around, out of their mind during the day. I worry." Resident Warren Turner, who owns a security company, believes there is a real threat to the neighbourhood that comes with crack addicts. "They're going to start to see needles and things in the back alley and you know--fist fights in front and squealing cars and that kind of thing," he said. "Anything that's not nailed down, they're going to grab." Turner believes the current tenants have been living in the Lawson Avenue home for six months, and the alleged criminal activity is frightening residents. "If they're not (frightened), they should be," said Turner. The problems that have plagued residents of Lawson Avenue are playing out on a number of other streets in the community, which prompts the question: What is being done by the RCMP and city officials to crack down on the crack shacks in Kelowna? Dealing with houses that are used to deal drugs is a priority for Kelowna RCMP officers, says Cpl. Lee Hamilton. Since mid-June, RCMP have targeted Lawson Avenue, Bay Avenue and Hein Road drug houses, executing at least 10 search warrants at crack houses. As well, an undercover operation in May focused on drug trafficking on the streets of downtown Kelowna. What he refers to as constant pressure by RCMP is having an impact, says Hamilton, head of the downtown enforcement team which has been part of the blitz of busts on crack shacks. While it's hard for him to say how many crack houses operate in Kelowna because they are so mobile, he estimates there are at least five at any given time in this town. When things get too "hot" in one neighbourhood, he says, "they go elsewhere." "It's unfortunate, but it's about displacement," says Hamilton. "If the crack heads, crack dealers can realize that there's just way too much heat in the city of Kelowna, they'll go elsewhere. We're already seeing it." But providing that "heat," or police attention, on the crack houses in the community is a challenge, police admit. "It's not the easiest search warrant to do, because crack is so easily thrown away," acknowledges Hamilton. "It's not like a grow op where you have a thousand plants and they can't burn them quickly enough. "Normally it (crack cocaine) is in their pockets, their mouths, their hands. As soon as we barge in, it can be easily tossed and hidden. It makes things a little more difficult, but obviously our unit is getting more proficient as we go along." Aside from actually busting crack houses, RCMP are also working with the federal Crown to look at using legislation that allows for the seizure of a drug house if the owner is complicit in the illegal activity. "That's one of the things we're going to try to focus on in the next little bit, to show we mean business," says Hamilton. Some officers also work side-by-side with bylaw officers in an effort use as many tools as possible to deal with drug issues. "We try and use our bylaws to the best of our ability," says Hamilton, although he admits he finds it frustrating that they rely on bylaws to help address a criminal problem in the community. "We're resorting to our lowest common denominator of laws, which are bylaws, to deal with these issues. It's crazy." At Kelowna City Hall, bylaw staff have been using some of the existing city legislation in an effort to address some of the problems that crop up around crack houses. One of those bylaws is unsightly premises, which bylaw officer Kurt Szalla says was used prior to the demolition of five crack houses in the past year, including homes on Fuller Avenue, Richter Street, Stockwell Avenue and Taylor Road. However, "we can't force them (owners) to do that," says Ron Dickinson, city manager of inspection services. But when confronted with so many problems that are in conflict with city bylaws, sometimes landlords choose to raze, he admits. "It makes more business sense to take down the house." He couldn't say how many crack houses have been dealt with in recent months through bylaws, as bylaws such as unsightly premises are not directed solely at messes around crack shacks. As well, bylaw officers often don't know illegal activity is taking place in the house unless they have been told by RCMP. "We may not even know it's a crack house," says Dickinson. "Most of the issues we deal with are outside." The City of Kelowna also has a nuisance controlled substances bylaw, which has been used primarily to deal with marijuana grow operations. Through that bylaw, city officials can shut off the electricity, water and/or natural gas to a drug house if a fire or safety hazard is found during an inspection. Home owners can be ordered to make certain repairs before the home can be occupied again. The bylaw is working as the city deals with grow operations, says Dickinson, but the bylaw, passed in late 2005, doesn't "speak to issues around crack houses." The difficulty in trying to shut down a crack house, notes Mayor Sharon Shepherd, is that bylaw officers must find health and safety concerns in the house that need to be addressed, rather than focus on enforcing the bylaw based on criminal activity, "if they've got a bag of cocaine," says Shepherd. "With our present bylaw what can we ask them to do to bring it up to code? "We're very concerned that we don't overstep the bounds we have in the bylaw," she adds. The challenges in dealing with crack houses prompted city officials to review the bylaw after it had been in place for a year, says Shepherd, and staff had been revising the bylaw before the issue was raised at a town hall meeting about crime issues in the Hein Road area in late June. "We're certainly trying to do more with the bylaw," the mayor says. The proposed changes to the bylaw are now in the hands of the city solicitor for review. There is a fine line between what cities can do and the role of law enforcement officials, Dickinson notes, and the lawyer will look at that as he reviews the proposed changes. "What we can do in the future isn't clear." However, Dickinson said the city is hoping to have "some power over the property to make it "clean and healthy and safe as quickly and effectively as possible." As well, Sgt. Terry McLachlan says they hope the bylaw will account for safety and nuisance issues, and allow for recovery of costs for the police investigation and bylaw inspection from the landlords. But as the city and RCMP work toward garnering more tools to take on the fight against crack houses, they note they need the help of neighbours. "Really, we don't know that a crack house has started until we start getting the phone calls (from the public)," says Hamilton. Indicators that there is a crack house on your street are the amount of traffic coming and going from the house, and the short amount of time people are staying. "As soon as you have...that foot traffic coming and going, that's probably your indicator that you have a drug dealer living beside you. And the second you know that, somebody should be all over that, calling us." And while many people are reticent to get involved--fearing retribution from drug dealers--Hamilton says that's something portrayed in movies that isn't actually true in real life. "You know what, it's so easy to put a no contact order on them, and as soon as they breach that no contact order," he says, "I can almost guarantee that they will be in jail." That person, he added, will realize very quickly that if they go near you they'll end up in jail--a place they want to avoid being in. To help RCMP, Hamilton encourages residents to write down licence plates and the date and time that vehicle shows up, to assist the RCMP in their investigation of the home. "If more and more people are aware of the situation and more and more people are calling us, then the crack heads are going to feel like they are being squeezed and squeezed and squeezed and say, 'we're out of here,'" says Hamilton. "But it takes a community to do that, not just the police," he says. One neighbourhood that has successfully joined together to address crime issues on their streets is the Abbott Street neighbourhood. More than two years ago, neighbours on Abbott banded together to tackle problems that spilled into their neighbourhood as a result of displacement of transients and drug addicts following police enforcement downtown. After a town hall meeting, the residents formed a neighbourhood issues resolution committee and were "empowered" by police and the city about what they could do to take their neighbourhood back. "Without getting in harms way," says neighbour Dave Thomas, "people have to take over their own neighbourhoods." Members of the neighbourhood, he says, are the eyes and ears for bylaws and police officers, and are reporting incidents to those organizations. They've also joined together to clean up garbage and graffiti in their neighbourhood on a regular basis in the hopes of deterring drug addicts from shooting up in their neighbourhoods, transients from setting up their beds--and then leaving them behind--and drunks from loitering in the streets as they head home from the clubs on the weekends. Thomas believes a clean and vibrant neighbourhood will deter criminals from setting up in their neighbourhood. He notes the streets of "least resistance" are the ones that typically face problems, so residents in his area are "quickly and politely taking it back." "It's just the neighbours getting together and doing something constructive, rather than complaining," adds Julie Cancela of the NIRC group, which is in its third year. Neighbourhoods, she says, "just can't stand and wait for the police to do the work." If an area has a drug problem, "they need to call in." However, it's not an easy battle. "These guys don't just go away like magic," says Thomas. "It's been up and down." Despite that, he feels neighbourhoods can't quit the fight. "You can't," he says. "They're slow, but they get the message." - --- MAP posted-by: Richard Lake