Pubdate: Wed, 13 Aug 2008
Source: Packet & Times (CN ON)
Copyright: 2008 Osprey Media Group Inc.
Contact:  http://www.orilliapacket.com/
Details: http://www.mapinc.org/media/2397
Author: Courtney Whalen

HOMEOWNERS STUCK WITH GROW-OP COSTS

Wiring, Duct Work, Mould Can Add To Cleanup Costs

Owners of buildings found to house marijuana grow ops will be saddled 
with a bill for costs associated with dismantling the illegal 
operations with Orillia council's approval of a fee bylaw.

The bylaw was part of a package that included two new protocol 
agreements surrounding dismantling residential grow-ops found in the city.

The two protocol documents outline the process the OPP, Orillia Fire 
Department and the city's building division will follow when a 
marijuana grow operation is discovered.

"Love it. Great. Long overdue," Coun. Michael Fogarty said at Monday 
afternoon's council committee meeting. "My only question is why are 
we just limiting it to marijuana?"

Legislative services manager Gayle Jackson, who was joined at the 
meeting by Orillia OPP Insp. Terry Wright, fire Chief Ralph Dominelli 
and chief building official Kelly Smith, said at this point marijuana 
is considered a starting point.

In an interview Tuesday, Jackson said the idea to start looking at 
recovering costs from grow operations came from the police services 
board. When all affected parties came to the table, they discovered 
there was no set protocol, although departments were already working together.

"It's just formalizing what we're already doing," agreed Wright on 
Tuesday, noting the OPP has a very good relationship with the other 
agencies involved. "We're all working together to make sure it's done 
properly."

Doing it properly is something that can take a number of departments 
and a lot of time and money, according to Smith. She's been involved 
in the remediation of eight houses that were used as marijuana grow 
operations in the city in the past three years.

The extent of repairs necessary to make a home safe and habitable 
again varies with each grow operation, she said. That variety makes 
it difficult to establish minimum fees, so instead the bylaw sets out 
that property owners will be required to pay actual costs of 
inspections and remediation when grow-ops are found.

"The damage to the house was the result of an illegal activity so why 
should the city pay for that gratis?" said Smith.

That damage can include everything from improper and unsafe wiring to 
improperly installed duct work, cut duct work, mould and damage that 
comes with high levels of humidity maintained in basements that are 
often sealed off from the rest of the house.

Even just removing items such as planting pots and miscellaneous 
items not seized by police can be time consuming.

"(It's turning) a 'garden centre' back into a family dwelling," she said.

As part of the new protocol, property owners will be given the 
opportunity to step in and do the necessary remediation on their own, 
something both Mayor Ron Stevens and Coun. Paul Spears were pleased 
to hear at Monday's committee meeting.

"I think it's only reasonable we give them that opportunity," said Stevens.

In some cases, he said, property owners may not know houses they've 
rented out are being used to grow marijuana.

In each case she's been involved with, Smith said the homeowner has 
stepped up to take care of costs.

"We've been fortunate that we've only had to pay for our time," she said.

In drafting the document, Jackson said she used similar protocols 
from municipalities such as Brampton and Mississauga as guides, as 
well as a sample put forward by the Ministry of Community Safety and 
Correctional Services.

Although he agreed it's a good start, Coun. Ralph Cipolla said he'd 
like to see Orillia go even further when it comes to dealing with 
marijuana grow-ops.

"I honestly don't believe this goes far enough," he said. "If we're 
trying to curtail the drug problem in this community, then I think we 
need to be much harder and harsher than we are."
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MAP posted-by: Keith Brilhart