NIPPED IN THE BUD

In the hopes of closing the door on marijuana grow operations and the
production of other illegal substances in community homes city council is
on the verge of passing a new bylaw which would hold landlords and tenants
responsible for the havoc they wreak.

But prior to approving three readings of the bylaw Tuesday, council
rescinded the initial bylaw and tabled another as the former contained
prohibitions on the indoor use of pesticides which the Ministry of Water,
Land and Air Protection deemed too broad.

Amongst numerous stipulations the new bylaw requires a re-inspection of the
property by a building inspector and gives the fire chief the authority to
make orders for the correction of conditions that would be considered a
fire hazard. It applies a fine for contravention of the bylaw in the amount
of $10,000 for the tenant who lives in the property where an illegal
substance is being produced, as well as for the landlord if it's
demonstrated they have been negligent in keeping tabs on their property.

Under the bylaw, fees for a variety of inspections, and re-occupancy
permits range in price from: $150 to $2,500 for an inspection with an
architect or professional engineer to certify a building may be
re-occupied. The bylaw stipulates that landlords must visit their property
every 90 days to ensure there is no illegal activity; landlords are
expected to document visits and keep a written record of any attempts that
have been made to prevent them from visiting the property. There is also an
expectation that a landlord report any illegal activity to the RCMP.

However, this has one potential landlord concerned.

Karen Dunkerley and her husband are considering a move from Abbotsford to
Chilliwack which would include purchasing some rental property in the
community.

However, the bylaw has her thinking twice.

"I'm certainly not going to intentionally rent to anyone who knowingly is
in this business, but by the same token when I do discover this is in there
what they've asked me to do is to be the police and now I go to the police
department to avoid my fine from the city and I say this is in there. Now
what have I done to myself."

Dunkerley fears the personal implications if grow operations are run by
organized crime-a claim made by the city and police. Landlord safety, she
says, is a concern.

"The reality is you've made landlords criminals and you've asked them to be
a police force and if they're not the police then they are a criminal and
that's just not right. That's putting them in jeopardy by doing so."

But Mayor Clint Hames rejects that assertion saying there is no more risk
to a landlord under this bylaw than there is currently.

Under the bylaw, he says, there are reasonable expectations made of landlords.

"All a landlord has to do to make sure they are not falling afoul of our
regulatory bylaw is check their property once every 90 days then they can
not be found guilty of failing to inspect their property or offer due
diligence."

The bylaw requires landlords to document visits and Hames says visits can
be combined with the trip to pick up the monthly rent.

"All landlords have to do is write an agreement that says I'm going to
collect the rent on the first and I'd like the opportunity to view the
property on that day," he said, adding "The landlords we're talking about
who are problematic don't have lease agreements, don't know who their
tenants are, never inspect their property and they cause problems for
neighbourhoods."

Hames suggests the bylaw will be helpful to landlords who may have had
trouble securing insurance for a rental property because of the legacy of
grow ops.

Provincial communities have been given the jurisdiction to prohibit
elements under the new Community Charter.