Pubdate: Fri, 24 Feb 2012
Source: North Shore News (CN BC)
Copyright: 2012 North Shore News
Contact:  http://www.nsnews.com/
Details: http://www.mapinc.org/media/311
Author: Benjamin Alldritt

CITY MAY STOP PENALIZING LANDLORDS FOR GROW-OPS

THE City of North Vancouver is reconsidering its policy of billing 
landlords for the cost of removing marijuana grow operations or drug 
labs discovered on their property.

The 2004 bylaw has only been used once, after a marijuana operation 
was found in a rented apartment on the 1600-block of MacKay Avenue in 
March of 2010.

The tenants had set up a hydroponic system for their 86 plants using 
the home's sprinklers. The flow from the sprinklers alerted 
firefighters, who discovered the secret garden and brought in the 
RCMP. The renters did not return.

The landlord, Payam Shahin-Moghaddam, was handed a bill for $2,960 to 
cover the costs of dismantling the grow-op, which included 14 hours 
of RCMP officers' time, 15 hours of firefighters' time, an hour and a 
half for two fire engines, and three city building inspections.

The tenants were later arrested, but criminal charges were eventually 
stayed by the Crown. In a letter to the city, Shahin-Moghaddam argued 
it was unfair for him to be stuck with the costs if, in the courts' 
view, no crime had occurred. City staff disputed his interpretation 
of the bylaw and Shahin-Moghaddam paid the bill.

In a Feb. 20 city council meeting, Coun. Craig Keating called on his 
colleagues to repeal the bylaw and give the money back to Shahin-Moghaddam.

"I find it particularly perverse," he said, "that Crown counsel found 
it fit to stay proceedings, yet the owner of this property, who had 
no direct involvement in any illegal activities, is charged an extra 
$3,000 by the City of North Vancouver because of this bylaw."

Keating said the bylaw was a "poor tool" that had not been well used 
by the city or the RCMP, and said all sorts of other illegal 
activities could take place in rental homes without making the landlord liable.

Coun. Don Bell backed Keating's motion to revisit the bylaw but said 
any refund should wait until after that debate, a point that Keating agreed on.

"I don't think we can simply ignore that a cost has been created for 
city taxpayers, and then ask them to pick up the cost from what 
amounts to negligence on the part of the owner," said Coun. Pam Bookham.

Coun. Rod Clark agreed. "The owner is running a business," he said. 
"He's glad to cash the cheques, but with that comes some responsibility."

Mayor Darrell Mussatto said drug production operations such as 
amphetamine labs could be set up so quickly that it's unreasonable to 
expect a landlord to detect one right away.

"It would seem to me you would have to do daily or weekly visits," he 
said. "I think it's a bit extreme to check just in case something 
might be happening. If there's no real evidence, I don't think 
there's a right to go into someone's place every couple of weeks."

Council voted 4-2 to start a bylaw repeal process, and unanimously 
agreed to defer a potential refund for Shahin-Moghaddam until after 
the question is decided.
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MAP posted-by: Jay Bergstrom