PROPERTY OWNERS NOW RESPONSIBLE FOR GROW-OPS

Council Passes Drug Operation Bylaw

Property owners are now responsible for ensuring tenants obey the law when
it comes to drug operations.

Council for the District of Squamish passed the nuisance controlled
substance bylaw during the Tuesday (Aug. 1) council meeting with Coun. Greg
Gardner opposed.

"I understand the evils it tries to address," said Gardner. "But I'm quite
troubled with the onus [being] on the property owners and burden on
[district] staff. I think it needs more consideration."

Gardner said he was also concerned with the cost to the district in terms
of the additional work staff would have to undertake.

The bylaw states property owners must now inspect their rental properties
every three months to ensure tenants are not manufacturing drugs or running
marijuana grow operations, also known as Controlled Substances Properties
(CSP). The bylaw also allows the municipality to fine owners and bill them
for the cost of police investigations if a grow-op or drug lab is
discovered without the owner's notification.

The bylaw was first introduced and passed its first three readings on June
20, shortly before Gardner was sworn in as councillor. At the time, no one
on council expressed concerns.

Squamish council is only one of several B.C. municipal governments
supporting the provincially endorsed bylaw, which was drafted by the Union
of British Columbia Municipalities (UBCM).

Property owners will also be required to maintain a written log of
inspections, to provide the log when requested by an inspector, and to
report any found CSP to the district within 24 hours of finding it.

If RCMP or inspectors suspect and discover a CSP without the property
owner's notification, the owner is billed with policing and district
enforcement costs, starting at $500 for an inspection. If these service
fees are not paid, they can be collected as property taxes. The fees are
justified due to the costs and hazards associated with CSPs.

Since the bylaw's introduction, the district has run two ads in The Chief
advising residents of its intended adoption. In the last two weeks, no one
has come forward to raise concerns, according to Coun. Jeff McKenzie.

Director of protective services Cliff Doherty said the cost of additional
staff would be offset by the collection of fines. Property managers like
the bylaw, he said, because it gives them a reason to enter the premises.
"Personally, I've received no negative comments," he said. "Police welcome it."

Coun. Corinne Lonsdale said she supports the bylaw because it addresses the
frustration of communities around the province who feel they have no means
of addressing CSPs.

And a staff report states: "RCMP officers in Squamish are routinely
investigating and 'busting' illegal marijuana cultivation operations. This
bylaw will authorize proper cleanup of these sites as well as a framework
for dealing with cleanup of the more hazardous methamphetamine labs."

A grow-op was discovered as recently as Monday (July 31), said Doherty. A
landlord entered a premises when the tenant had gone several months without
paying rent and discovered marijuana plants growing.

"Meth labs use many chemicals, which are toxic and extremely volatile when
combined," states the report. "With these sites, a firefighter and any
other first responder or safety staff must be cognizant of the additional
risks posed by hydro bypass, booby traps protecting the operation,
electrical wiring entanglements, confrontation with attack dogs, and
collection of toxic chemicals. In addition to the danger, there is
currently the cost to the taxpayer for providing first responder,
operations, and other services."

Doherty said building inspectors have the option of following Richmond's
example by entering rental units with security guards.

Once the CSP is discovered, the owner has two months to make the site
livable by removing mould and thoroughly cleaning the residence. Owners are
encouraged to follow new regulations or face more costs through minimum
$1,000 fines for a number of offences including failure to notify
inspectors, failure to provide inspection logs, altered hydro meters,
failure to properly clean premises after CSP discovery and failure to
notify neighbouring tenants or new tenants of CSP discovery.

The bylaw will also entitle district staff, landlords and other authorities
to shut off water service despite a provincial Residential Tenancy Office
regulation that states: "It is an offence for a landlord to discontinue
providing a service or facility that is essential to the tenant's use of
the site or unit for their residence."

Conflicting regulations may be resolved through the bylaw's "severability"
clause, which states: "If a portion of this bylaw is found invalid by a
court, it is the intention of the council that the portion be severed and
that the remainder of the bylaw remain in effect."