Pubdate: Wed, 07 Jul 2010
Source: Okotoks Western Wheel (CN AB)
Contact: http://www.westernwheel.com/contact
Copyright: 2010, Okotoks Western Wheel
Website: http://www.westernwheel.com/
Details: http://www.mapinc.org/media/1638
Author: Don Patterson
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

OKOTOKS COUNCILLORS TARGETS GROW OPS IN PROPOSED BYLAW

An Okotoks town councillor wants to see houses used for drug 
manufacturing cleaned up and property owners held accountable for the cost.

Coun. Beth Kish proposed a controlled substances properties bylaw 
during town council's June 28 meeting and it will be back in front of 
council for further discussion at its July 12 meeting.

She said the effects of a grow operation or drug manufacturing can 
linger long after the police have removed the drugs and arrested suspects.

"I feel sorry for the people who are neighbours and their property 
values are jeopardized because all of a sudden next door there's a 
grow op," she said.

The proposed bylaw would allow the Town to declare a former grow-op 
house unsuitable for habitation and require its owner to ensure it's 
safe for occupation before anyone can move in. It would require 
inspections looking at the building's structural integrity, its 
electrical system and the potential for mold and chemical fumes.

It will also alert anyone interested in buying a former drug house to 
its status.

Under the proposal, the Town would be able to recoup all costs 
incurred, such as inspections, by adding them to the taxes on the property.

Kish doesn't want to be punitive; rather she wants to encourage 
landlords to be more aware of what's going on in their properties.

"It's protects the neighbourhood and puts the onus on the people who 
own the home," she said.

Kish said similar laws are in place in Calgary and Surrey, B.C.

She said it could also help speed up the process to clean up the homes.

The bylaw does not include anything outlining how long owners have to 
complete the work, however, this is something Kish said she wants addressed.

Okotoks RCMP const. Grant Kneller said houses used for grow-ops can 
be both rentals and owned by those behind the operation. He said 
rentals are attractive because they are easier to walk away from.

Okotoks RCMP broke up three grow-ops in Okotoks and the surrounding 
area last year and have dismantled one so far this year. Of these 
four, Kneller said two involved homes being rented.

"Any of the ones we've done that have been rentals, it seems the 
landlord was not aware of what was going on," he said.

If council approves the bylaw, Kneller hopes it would encourage 
landlords to take more interest in what's happening in their rental properties.

Grow-ops often leave behind extensive damage to houses, said Kneller, 
and anyone behind them usually isn't concerned with making repairs 
once they're done.

He said the main problem for marijuana grow-ops is mold and humidity, 
while chemical residues and fumes would be problems with former meth labs.

Often the cost of repairs can exceed the home's value, said Kneller.

Once RCMP have removed plants, drug-making materials and other 
evidence from the house, he said they don't have much to do with it 
afterwards. At this point, he said it's up to the health authorities 
to deal with and the owner to make necessary repairs.

RCMP broke up a marijuana grow-op at a house at 50 Cimarron Way in 
April 2009 and it' is still sitting empty today. A sign on the living 
room window stated Alberta Health Services has declared the home 
unfit for habitation.

Area resident Allan Palmer said the home is a liability to the neighbourhood.

He isn't as concerned about the possibility of mold. Instead, Palmer 
is more worried about a variety of problems from the potential for 
break and enters, squatters and fire, to aesthetics and people coming 
onto the property to satisfy their curiosity.

"We always have an eye on the place, looking at who's around," he 
said. "It shouldn't be on us to keep an eye on the house."

Palmer said the house was rented by a group of males when the grow-op 
was up and running and he didn't know the owners. He said it has been 
foreclosed since the grow-op was dismantled a year ago.

Palmer is happy someone is taking action on the issue, but he wants 
to see a timeframe for how long a house can sit empty before it has 
to be repaired.

He also doesn't want to see existing drug homes sitting empty be 
grandfathered under the bylaw.

Another issue is what will happen to dogs used to guard drug houses 
or any other animals in the homes, he said.

Area resident Lori Lubin said the proposal doesn't go far enough and 
needs more teeth to ensure something is done.

She said former drug houses need to be repaired in a timely manner.

"This house can't be sitting here vacant for another year," Lubin said.

She also wants more public disclosure so people living in 
neighbourhoods around former drug houses know what is happening.

Okotoks realtor John Fraser said it's a serious problem the real 
estate industry is trying to tackle, but it's also a small percentage 
of the number of homes on the market.

He said the Town shouldn't need to pass a bylaw to keep landlords 
interested in their properties.

Fraser said it could be overkill to automatically deem a grow-op 
house unfit for habitation.

"It may or may not be," he said. " I hope they wouldn't deem it unfit 
until a proper inspection is done."

Fraser is also concerned about notifying potential buyers in the 
future about a home's former status as a drug house. If repairs have 
been completed and the house has received a clean bill of health, he 
said disclosure shouldn't be necessary.

He said it's no different than a house that had serious roof problems 
that have been repaired. In this case, Fraser said there is no 
requirement to disclose this fact to potential buyers.

He also questioned whether the Town would have authority to make 
legislation in this area.
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MAP posted-by: Jay Bergstrom