GROW-OP BYLAW ON ICE FOR NOW

Penticton's Proposed Anti-Grow-Op Bylaw Is On Hold,
Pending Further Review

City council's committee of the whole voted unanimously Monday to
refer the controversial issue back to city staff to gain input on the
impact of similar bylaws in other B.C. municipalities

The bylaw, which places more responsibility on property owners to
guard against marijuana grow operations in their rental homes, has
been criticized by many property owners and the South Okanagan Real
Estate Board

Jack Kler, the city's director of corporate services, said the
municipality is mainly trying to highlight the issue

"The intent of the bylaw is not to be punitive. . . it's to discourage
the use of property within city limits for illegal activity, such as
grow-ops," he said. "Our concern is to let it be known that this kind
of activity is not condoned within the City of Penticton." Kler said
the bylaw is meant to be flexible with regard to its call for
landlords to inspect their rental properties every 90 days. He added
that while the legislation allows for a maximum fine of $10,000, it's
up to the courts to decide the actual amount of the fine upon summary
conviction

Coun. Rory McIvor urged council to postpone the matter to allow for
more investigation, gaining input from other municipalities with such
a bylaw, including its impact and possible successes. Municipalities
which recently passed such legislation include Chilliwack, Abbotsford,
Surrey, Port Moody and Port Coquitlam

McIvor, a former justice of the peace, acknowledged there are a number
of grow-ops and drug labs in Penticton. He views the bylaw as giving
landlords some major options in safeguarding their properties

"I think we should step back and look at the intent of this bylaw,
which is to maintain a quality of law in our community," he said

Mayor David Perry admitted he has been viewed as a lightning rod in
his support of the bylaw, but backed the call for additional review.
"I'm sure members of council don't want to be seen as deterring
investment in Penticton," he said

"I think the bylaw is well intended and is meant to deal with the
problem we are facing in communities throughout British Columbia."
Coun. GusBoersma suggested the city consider an education campaign for
property owners about what to look for in regards to grow-ops

"Myself, I don't even know what cannabis looks like," he said. "To
send me as a landlord into a home, I'd say: 'Hey, you've got
nice-growing plants here.'" Van Horne Street resident Dianne McEvoy,
who has garnered 119 names on a petition protesting the proposed
bylaw, lauded council's decision for further review with an
opportunity for more public input

"I think it's a positive that at least the councillors are willing to
question it and send it back for review," she said afterward

McEvoy said she will also seek more input from property owners in a
bid to make suggestions on how to improve the bylaw from the
landlords' point of view.