CITY'S GROW OP BYLAW CHANGED TO REDUCE ONUS ON LANDLORDS

City staff conceded revisions to the city's long-delayed anti-grow-op
bylaw met opposition from the RCMP. "They (the RCMP) would like more,
but that is what we compromised on," said city administrator Leo den Boer.

He made that statement Monday when the public first heard proposed
revisions to the bylaw designed to curb indoor marijuana grow
operations. Council first read the bylaw in September in 2004, but
soon met opposition from landlords who felt singled out.

Landlords complained that the original bylaw put too much
responsibility onto them and not enough onto tenants. The original
bylaw required landlords to inspect their properties every 90 days
and imposed daily fines of up $10,000 for summary convictions.

Director of corporate services Jack Kler said the revised bylaw
dropped the 90-day inspection requirement. This is now a due
diligence issue left up to the owners, he said.

Kler also said the city dropped the size of the applicable fine to $5,000.

Other changes include an expanded definition of property owner to
include a person who any has any kind of stake in a property.

Den Boer said the revisions do not require a second public hearing,
but added the public will have a chance to comment on them when
council considers the bylaw at its next meeting.

Councillors praised the revisions.

Coun. Garry Litke said the passing of the bylaw is welcome news among
the members of the city's social development advisory committee and
drug task force .

Coun. John Vassilaki said he is happy that the "onus" is shifted away
from the property owners toward the lawbreakers.

"Being a landlord, it is a good thing," he said.

He said during earlier discussions that he is glad council dropped
the 90-day inspection requirement. That requirement would have
endangered the lives of property owners, he said.

Coun. Rory McIvor said the bylaw will give landlords another way to
protect their properties from the effects of indoor marijuana grow
operations and other facilities such as meth labs.

It also gives police another tool in the war against illicit drug use
in the community.

Coun. Ashton, who along with McIvor and Vassilaki served on the
council that first introduced the bylaw, said he would reserve
comment until he has heard from the public.

Vassilaki, McIvor and Ashton in 2004 voted for the original bylaw
which former mayor David Perry called a "landmark piece" that would
put Penticton in the forefront of the fight against the "scourge" of
grow operations.

City staff said at the time that the bylaw was to be tougher than
existing ones.

While the bylaw drew criticism right away in 2004, Penticton's top
cop praised it.

Insp. Dan Fudge, who was not available for comment, said at the time
that grow operations threaten human property and life.

Grow operations are an "epidemic" with most operations controlled by
organized crime, Fudge said at the time.