BYLAW WOULD HOLD LANDLORDS RESPONSIBLE FOR GROW OPS

Marijuana grow operations have become so prevalent in Ottawa that the city
needs to take action to keep them out, according to Councillor Rick Chiarelli.

While criminal law, not city legislation, is the normal mechanism for
fighting against the drug trade, Mr. Chiarelli thinks Ottawa politicians
can help.

To that end, the Baseline Ward councillor is attempting to craft a bylaw
that would hold landlords responsible for the extra-curricular botany
practised by their tenants -- a proposal that has some landlords fuming.

"Is he smoking something?" said Gabby Horan, a landlord, property manager
and member of the Ottawa Region Landlords Association."My mouth is hanging
open at the incredible unfairness of this. It's like, if there was a murder
in your building, you should go to jail.

"The landlord is the victim here."

Under the bylaw, if police discover and raid a grow operation, the owner of
the home would be required to pay the cost of an elaborate engineering
study to ensure the structure of the home has not been damaged by the heat
and humidity of the operation and to pay the cost of repairs.

Mr. Chiarelli said yesterday that the engineering study, much more thorough
and expensive than a routine pre-purchase home inspection, would serve as a
deterrent to landlords who "turn a blind eye" to what tenants are growing.

"It would create a situation where it's in the best interest of the
landlords to make sure no one's doing this," he said.

On Saturday, a Citizen report told the story of an unidentified Ottawa
marijuana grower who sets up carefully controlled growing operations in the
basements of homes he rents, dismantling the equipment and moving on after
short periods to stay ahead of authorities.

The man said finding absentee landlords is an essential part of the
business, which he does part time in addition to a regular day job.

"You need to look for a landlord who never drops by and about $12,000 in
start-up equipment. And pick a house that no one would suspect. ... If my
landlord ever dropped by, I would have already dropped this place," the man
said.

The story also reported that Ottawa police have fewer officers dedicated to
drug enforcement than before amalgamation -- 26 in 1992 compared with 17
today, according to the city.

Mr. Chiarelli said he is working with Crime Stoppers to put together the
proposed bylaw. He felt the need for the action most urgently, he said,
with the recent bust of a grow operation in the Centrepointe area -- "in
the middle of the trendiest neighbourhood in my ward."

Besides subjecting would-be home buyers to unsuspected damage to homes,
such as structural rotting, grow operations, Mr. Chiarelli said, can bring
dangers to a neighbourhood, including increased risk of fire from bypassed
hydro wires.

The proposed bylaw, if adopted by city council, will provide a necessary
amount of "hassle" to growers, he hopes.

"What I think it will do is intensify the hassle factor for people thinking
of bringing grow ops into nice quiet neighbourhoods," he said.

Ms. Horan said landlords need help battling grow operations, not punishment.

Insurance companies won't cover the cost of damage incurred from a grow
operation, she said. Landlords are often aware of the illegal operations,
but can't kick out the perpetrator because the Ontario Rental Housing
Tribunal won't permit it, Ms. Horan said.

In order for the tribunal to approve an eviction, a landlord has to have
documented proof of the grow-operation or show that the tenant was recently
convicted, she said.

"If (Mr. Chiarelli) wanted to help the situation, he would go after the
tribunal."

The landlords association recently invited Ottawa police Sgt. Pete Gauthier
to their April 18 brunch so the drug squad officer can help them identify
the signs.