GROW-OP PROPERTY BYLAW ADVANCES

Saanich council's proposal criticized for putting onus on landlords to
pay for drug damages

Saanich has moved a step closer to being the first Vancouver Island
municipality with a bylaw to ensure homes used for marijuana-growing
operations are properly repaired.

Concillors gave a unanimous nod to a draft of the bylaw presented
Monday. It will be back before council to go through the official
approval process over the next few weeks.

Paying for cleaning of carpets and heating ducts, along with thorough
safety inspections, are among the steps that would have to be followed
by a homeowner affected by the bylaw.

The concept for the "controlled substance property bylaw" was first
raised in Saanich Mayor Frank Leonard's inaugural address for 2005,
read to council last month. Leonard said this week that bylaws to stem
the tide of home grow-ops have already been enacted in places like
Surrey and Langley.

"I think almost all of them go much further than (Saanich) does."

In extreme cases in Surrey, for example, homes have been bulldozed, he
said.

The concerns are not nearly as pronounced in Saanich, but Leonard said
the Saanich bylaw has been crafted to capture the problems that come
up, often in rental homes and units.

The main intent of the bylaw is to deal with health and safety issues
that arise when grow-ops or illegal drug labs are taken out of
commission by police -- a model based on an established bylaw in Chilliwack.

The bylaw has the backing of the police department, Saanich police
Insp. John Charlton told councillors. He said that having the bylaw
would help police efforts and "add another tool to our kit."

Al Kemp, who heads the Rental Owners and Managers Association of B.C.,
expressed concern that the bylaw could end up dissuading people from
investing in rental properties. He said people intent on having a
grow-op in a rental home have plenty of ways, including false
identification and references, to dupe landlords into thinking they
are acceptable tenants.

The bylaw will not discourage criminals because it does not penalize
them, Kemp said, adding that it puts a monetary onus on landlords even
though most are responsible and would repair damage caused by a
grow-op or drug lab on their own accord.

He said the drug operations in rental homes are not created by
landlords "therefore they are not a problem that can solved by landlords."

Kemp said education of landlords is the key, and offered his services
to spread the message of prevention. Charlton said the police would be
willing to take part in any education initiative.

In approving the bylaw, Coun. David Cubberley said some modifications
are needed to ensure that good landlords who are tricked by criminals
are not dealt with harshly.