CITY LAWYERS CRAFTING POT BYLAW

There were 310 marijuana grow-ops reported in Chilliwack last year, a 300
per cent increase in five years since 108 were reported in 1998.

City and police officials here are working on a bylaw to squeeze marijuana
grow-operators out of the community, in part by making landlords more
responsible for their rental properties.

But while Chilliwack has been identified as having one of the highest
number of grow-ops per capita in the province, other B.C. communities,
including Abbotsford, have already adopted bylaws aimed at landlords of
properties where grow-ops are discovered. Chilliwack Mayor Clint Hames says
legal counsel have advised the city that councillors could be personally
liable if a similar bylaw were enacted here and successfully challenged in
court.

"We want one that isn't challengeable," Mayor Hames says.

While Chilliwack awaits a bylaw drafted by legal counsel, additional police
officers have been hired specifically to take down marijuana grow-ops here.

Legal questions around municipal bylaws aimed at grow-ops were the reason
the City of Richmond embarked on a joint program with the RCMP instead of a
bylaw, says city spokesperson Ted Townsend.

Once a grow-op is discovered, Richmond RCMP notify city officials who then
declare the premises unfit for occupation until health and safety
inspections are made. Landlords must obtain a permit from the city before
the premises can be rented out again.

Mr. Townsend says city councillors are also discussing a requirement that
all landlords obtain a business licence for rentals, which could be revoked
if there are repeat occasions when grow-ops are discovered, and stiff
re-inspection fees imposed before a rental unit can be occupied again.
While Richmond councillors are pleased so far with the program called
Operation Green Clean, Mr. Townsend adds, "the fact of the matter is, we
still have a lot of grow-ops in Richmond" and a "variety of different
options" are under further consideration.

The Abbotsford bylaw is a "wonderful" tool that encourages landlords to
better monitor their properties, but it doesn't seem to be reducing
substantially the number of grow-ops found, says Constable Shinder Kirk,
media liaison officer for the Abbotsford Police. "I'm very positive on the
spirit of the bylaw," he says, but adds "the issue doesn't seem to be abating."

Grant Acheson, director of development services in Abbotsford, says the
bylaw has been used 55 times since it was adopted in January last year -
without any legal challenges so far.

The bylaw requires landlords to pay a $400 fee for health and safety
inspections to ensure rental premises are safe for re-occupation after a
grow operation is discovered and dismantled. Police costs for dismantling
can be charged if a second grow operation is discovered on the same premises.

There are appeal provisions within the bylaw for landlords who believe they
have been "duped" by tenants who engage in illegal activities, despite
their best efforts to screen renters, Mr. Acheson says.

Unlike a similar bylaw in Surrey, inspectors in Abbotsford are not allowed
to enter premises "at reasonable times and in a reasonable manner" to
ensure the property is not being used to produce substances controlled by
the criminal code.