TOWNSHIP WANTS TO SEE HOW BYLAW HAS WORKED

Before Langley Township council introduces legislation that puts the onus
on landlords to not only scrutinize prospective tenants, but repair and
clean up properties damaged by pot growers, it wants staff to examine how
similar bylaws are working in other municipalities.

Several districts, including Langley City, Abbotsford and Kelowna, have
legislation on the books or are considering it.

The bylaws generally demand that landlords allow an inspector into their
properties to determine if they are being maintained according to the
bylaw. Following the discovery of an illegal drug operation, the landlord
must obtain a re-occupancy permit before new tenants move in.

Apart from the cost of repairs, the landlord must pay an inspection fee and
other expenses incurred by a municipality. Fines for violating the
legislation range from $500 for a first offence to a minimum of $1,000 for
subsequent offences.

Councillor Mel Kositsky, council's representative on the Federation of
Canadian Municipalities, told council that the FCM will debate a resolution
at its annual convention that urges the federal government to impose harsh
penalties on people convicted of running grow- ops.

The resolution advocates the streamlining of proceeds of crime legislation
to ensure that a greater percentage of the proceeds recovered at the
municipal level stay with local police services to augment their
drug-fighting resources.

The resolution also supports giving more power to fire prevention officials
for inspecting residential properties which could pose a danger to
adjoining properties and occupants.

Finally, the resolution asks that the Prime Minister and provincial and
territorial leaders discuss at their next meeting the link between drugs
and organized crime, prostitution, break-and-enters, violence and the
increase in drug use among young people.

The intent is to provide adequate resources to fight, in the words of the
resolution, "the burgeoning criminal activity and source of concern for our
country's future." The FCM convention will run from May 30 to June 3 in
Hamilton, Ontario.

The bylaw has proved contentious in previous discussions, and on Monday,
Councillor May Barnard expressed reservations about passing on a policing
function to landlords. Opponents feel the law also downloads a policing
function to municipalities.

"I don't think it's fair," Barnard said.

Barnard, an insurance broker, told council she knows of landlords who have
scrutinized prospective tenants, believed everything was in order, and yet
were faced with the "onerous task" of repairing a house damaged by a grow
operation.

But Mayor Kurt Alberts suggested that municipalities with bylaws in place
for controlling pot growing could push the illegal activities into those
that have no legislation.

A year ago, the B.C. Civil Liberties Association called the legislation
"charter bait."

Kositsky noted that the bylaw has not been tested by a court challenge.

Neither has it been implemented in Langley City, where it was adopted last
year. "We've inspected several properties at the time of the discovery of a
grow op and prior to occupancy by the new tenants, and found everything in
order," said bylaw enforcement officer, Tim Hickey.

"We are not getting the long-term tenant who is damaging property, so from
that point of view the bylaw is effective," he added.