DRUG BYLAW HOLDS LANDLORDS ACCOUNTABLE

Local landlords could face stiff fines for housing marijuana grow
operations if a proposed city bylaw passes.

A public hearing on the Controlled Substance Property Bylaw is
scheduled for Oct. 4 after council Monday read the bylaw for the first
time.

"This is a landmark piece of legislation for us," said Mayor David
Perry.

It puts Penticton in the forefront of fighting the "scourge" of
grow-operations, said Perry.

The bylaw - based on a Chilliwack bylaw passed last year and in the
works since April 2004 after a number of significant drug busts in the
Penticton area - allows the city to cut off water and power without
notice to premises used for marijuana grow operations. And it requires
landlords to inspect their properties at least once every three months.

All costs, including those for RCMP to dismantle the grow operations,
will be borne by property owners if tenants cannot cover the costs,
the bylaw states.

Property owners who contravene the bylaw would receive a $10,000 fine
for each day the offence continues.

The goal of the new bylaw, which is tougher than Chilliwack's, is not
to punish property owners, but to make them aware of the issue, said
Jack Kler, director of corporate services.

Coun. John Vassilaki agreed. The bylaw puts the onus on property
owners to screen their tenants, said Vassilaki who said he is glad the
city brought in the bylaw.

"I only wish it happened 10 years ago," he said.

In addition to the social costs, marijuana grow operations impose
substantial costs on local tax payers, said Kler. These include lost
revenue for the city-owned electric and water utilities due to the
theft of water and power, said Kler, adding that grow operations also
increase the city's cost of purchasing power from Fortis B.C.

"As well, the city is responsible for 90 per cent of all direct RCMP
costs and 100 per cent of the RCMP support staff costs," said Kler.
"Dismantling and removal of illegal equipment resulted in all costs
being borne by the taxpayers."

Coun. Dan Ashton, who voted in support of the bylaw, said he is
apprehensive about portions of it.

Property owners should not be held responsible for the crimes of their
tenants, he said.

Chilliwack's bylaw does not hold landlords responsible if they can
demonstrate that they have done everything possible to monitor the
situation, said Ashton.

Coun. Rory McIvor also wondered what the city will do to ensure all
landlords are aware of the new bylaw.

Kler said the city cannot reach all landlords, but will do its best to
ensure they are aware of the bylaw.

The proposed bylaw still requires council's final approval and
concerned landlords can submit their comments at the Oct. 4 public
hearing scheduled for 7 p.m. at City Hall.

Under the Community Charter, the city has to right to regulate private
property, but must afford affected owners a chance to comment on
legislation, said Kler.