HOMEOWNER WINS REVOKED OCCUPANCY RIGHT

Coquitlam took away permit despite failing to find marijuana production

A Coquitlam homeowner who took city hall to court over enforcement action
because of an alleged marijuana-growing operation has won his case.

B.C. Supreme Court Justice Terrance Warren, in a judgment released
Wednesday, ruled that the City of Coquitlam failed to demonstrate there
was a marijuana operation at a rental home owned by Nicola Monaco.

The judge granted the homeowner the remedy of renewing the occupancy
permit, which will allow the landlord to resume renting the home at 368
Seaforth Crescent.

Occupancy was suspended last April after an inspection by Coquitlam's
public safety team, which seeks to shut down illegal marijuana-growing
operations under the controversial Controlled Substance Property Bylaw,
enacted in 2007.

The city found no active growing operation but found indications of one
possibly having been there in the past. As a result, the city posted a
large notice on the property that alleged a marijuana-growing operation
had been found and that the occupancy permit was revoked.

The tenant renting the property was embarrassed by the notice and would
not return to the property, which has been vacant since.

Monaco said he spent $6,000 in fees and fines levied by the city and more
than $11,000 in repairs, remedial work and expert reports.

In spite of his efforts to comply with the city's requirements, Monaco
said he could not afford the cost of bringing a 50-year-old house up to
the building code requirements of a new house, so he took the city to
court.

The full court judgment is available online at:
http://www.courts.gov.bc.ca/jdb-txt/SC/09/01/2009BCSC