LANDLORDS ON THE HOOK

It may be tough for landlords to swallow, but when someone has to be
held responsible for damage caused by tenants, it's going to be them.

According to Parksville city council this week -that goes especially
for repair and clean-up of a property used for drug production.

Council approved a controlled substances property remediation bylaw
Monday night - effectively creating a way to recover costs of clean-up
if a drug lab is found on rental property.

"I have to look at it from the perspective of someone who represents
the public - it's a cost recovery bylaw, and it puts a significant
burden on the landlord," said Councillor Chris Burger. "As a landlord,
I probably wouldn't like that too much."

It's better that the property owner be held responsible, rather than
having all taxpayers cover those costs, said Burger.

Landlord John Mansell told council he has concerns with the intent of
the bylaw. He said he is already cautious - checking references in
person, maintaining regular inspections and watching for tell-tale
signs of abuse - but said the bylaw could still hold him responsible
despite his due diligence.

Even if he has suspicions of illegal activity in the home, he has to
give tenants 24-hour notice before investigation. That's more than
enough time for tenants to pack up any visible signs of production, he
said.

"This puts landlords who do practice due diligence in an impossible,
impossible situation."

Mansell asked council to include a statement to clarify that the bylaw
doesn't intend to punish attentive property owners.

Trying to make exceptions within the document though was what tossed
out a previously recommended bylaw. Staff suggested that would cause
administrative problems.

"At this time I would suggest the bylaw is a one-size fits all bylaw,"
said director of planning Gayle Jackson.

As a last effort, Mansell asked that it be included in the minutes of
the council meeting that the intent of the bylaw is not to punish
property owners practicing due diligence. Council was advised that
only motions and outcomes are recorded, and that an inclusion like
that was not allowed.

The bylaw was passed unanimously by the councillors present.
Councillors Sue Powell and Charles Robinson were not present.