News (Media Awareness Project) - CN BC: Mayor Backs Off Idea Of Fining Landlords |
| Title: | CN BC: Mayor Backs Off Idea Of Fining Landlords |
| Published On: | 2001-07-18 |
| Source: | Kelowna Capital News (BC) |
| Fetched On: | 2008-01-25 13:24:21 |
MAYOR BACKS OFF IDEA OF FINING LANDLORDS
Kelowna's director of planning didn't like the idea of a bylaw that would
fine owners of rental property where drug growing operations are found
before he saw what the Vancouver suburb of Surrey is doing.
Now that he has read the Surrey bylaw, Ron Mattiussi is even more opposed
to it.
Mattiussi said it appears the Surrey bylaw is a way for the police and fire
department to use the powers of the provincial Local Government Act to get
into houses without prior court approval.
"It allows the RCMP and fire department to act as bylaw officers and
appears to be a backdoor way of getting a search warrant," Mattiussi said.
Bylaw officers, in some circumstances, can enter homes to carry out
inspections, powers the police don't have.
The Surrey bylaw, which imposes fines of up tot $7,500 on landlords of
properties where marijuana growing operations are discovered, initially
intrigued Kelowna Mayor Walter Gray who dubbed it the "Surrey Solution."
Saying the Lower Mainland municipality "may be on to something," he said
such a bylaw here would put more of an onus on landlords to know who they
are renting to.
But it appears the mayor has changed his mind.
In a memo to Mattiussi and city manager Ron Born, Gray said he received 12
calls after telling the Capital News he liked the idea of a Surrey-style
bylaw. He now feels Kelowna should not follow Surrey's lead.
And he has attempted to distance himself from his apparent earlier position.
"So it is clearly understood: I at no time blindly accepted the Surrey
bylaw as being something Kelowna should adopt. Simply it was my position
that Kelowna should look at the Surrey bylaw to see if it would be a useful
tool for this city in terms of the growing marijuana grow problem," wrote
Gray in his memo.
He said if council wants to pursue the matter it is free to do so, but that
would not be his recommendation.
One Surrey councillor has said he expects the first landlord fined will
take the issue to court and let a judge decide the validity of the bylaw.
Kelowna's director of planning didn't like the idea of a bylaw that would
fine owners of rental property where drug growing operations are found
before he saw what the Vancouver suburb of Surrey is doing.
Now that he has read the Surrey bylaw, Ron Mattiussi is even more opposed
to it.
Mattiussi said it appears the Surrey bylaw is a way for the police and fire
department to use the powers of the provincial Local Government Act to get
into houses without prior court approval.
"It allows the RCMP and fire department to act as bylaw officers and
appears to be a backdoor way of getting a search warrant," Mattiussi said.
Bylaw officers, in some circumstances, can enter homes to carry out
inspections, powers the police don't have.
The Surrey bylaw, which imposes fines of up tot $7,500 on landlords of
properties where marijuana growing operations are discovered, initially
intrigued Kelowna Mayor Walter Gray who dubbed it the "Surrey Solution."
Saying the Lower Mainland municipality "may be on to something," he said
such a bylaw here would put more of an onus on landlords to know who they
are renting to.
But it appears the mayor has changed his mind.
In a memo to Mattiussi and city manager Ron Born, Gray said he received 12
calls after telling the Capital News he liked the idea of a Surrey-style
bylaw. He now feels Kelowna should not follow Surrey's lead.
And he has attempted to distance himself from his apparent earlier position.
"So it is clearly understood: I at no time blindly accepted the Surrey
bylaw as being something Kelowna should adopt. Simply it was my position
that Kelowna should look at the Surrey bylaw to see if it would be a useful
tool for this city in terms of the growing marijuana grow problem," wrote
Gray in his memo.
He said if council wants to pursue the matter it is free to do so, but that
would not be his recommendation.
One Surrey councillor has said he expects the first landlord fined will
take the issue to court and let a judge decide the validity of the bylaw.
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