PROPOSED DRUG HOUSE BYLAW STIRS CONCERN ON CITY COUNCIL

City council came close to voting against a bylaw last night that
clamps down on landlords whose tenants run drug operations.

Instead, at its weekly meeting, council deferred the final vote for
two weeks until key sections are rewritten.

Councillors Florence Roberts and Doug Graham both said they will vote
against the bylaw before its third reading.

"I think we are really overstepping our mandate here," said Roberts.
"I don't think we should have a punishment program."

Graham echoed these sentiments, saying the fees are "too punitive"
and that the bylaw doesn't consider the circumstances of all
Whitehorse landlords.

"What about the retired couple who rents out their downtown house and
moves to a smaller condo?" he asked. "What if they go down somewhere
warmer for the winter, and come back to all these punitive fees?"

The bylaw would make landlords responsible for the repair of their
premises after they have been used by tenants as drug laboratories.
The bylaw also imposes fees as high as $84,000 on any landlord who
does not report illicit activity to the RCMP.

These fees would be doled out to landlords for such things as failing
to arrange for inspection by a professional cleaner, allowing a
building to host moulds or fungi, and for storing dangerous goods
beyond permitted quantities.

City bylaw manager John Taylor said last week the 24 associated fees
would not be imposed on a landlord who alerted authorities to
suspicious activity and worked with them to thwart the operations,
such as marjiuana grows and amphetamine production.

But Roberts said the bylaw would unnecessarily punish landlords who
may not know what suspicious activity to look for.

"We should work with the landlords, educate them, offer our services
to them," she said.

In addition to his concerns with the fees, Graham also said he's
concerned with sections of the bylaw that use the words "you shall,"
which mean it is imperative that one must take action.

Most sections of the bylaw direct action using words, "you shall,
when necessary' and 'you shall, upon request," leaving some room for
extenuating and unique circumstances.

Specifically, section 27 of the bylaw being reviewed says landlords
"shall" be ordered to replace carpeting and curtains and have all air
filtration systems, floors, walls, ceilings and cabinets cleaned or replaced.

Coun. Dave Stockdale asked what would happen if landlords opted to
abandon their premises and not pay the fees.

Robert Fendrick, the city's administrative director, said when any
property owner does not pay taxes, the property gets turned over to
the city, which in turn would either sell or demolish it.

When it became clear that Roberts and Graham would vote against the
bylaw, Coun. Jeanine Myhre suggested deferring its third reading to
make changes.

"Technically, we can defer this and ask for amendments," said Fendrick.

Coun. Jan Stick said she agreed with deferring the bylaw, but that
she did not want it to go away.

"I think we need something like this in place," she said. "It's
important to discourage grow-ops in our town."

Mayor Bev Buckway took a turn as well, expressing her thoughts to council.

"This bylaw has been in the works for a few years, and has gone
through 27 drafts," she said. "There are drug issues, and the city
gets asked all the time to do something. This bylaw would get used;
it wouldn't sit there.

"The fines are high, and there's a reason for that. This really takes
action against illegal drug action."

The related fees and charges bylaw will also be deferred for two weeks.