NEW BYLAW HOLDS LANDLORDS MORE ACCOUNTABLE

Do you know who your tenants are?

You better -- because if you are a landlord, there's a new bylaw in
Oliver that will hold you more accountable for what happens in your home.

"It's a strong message to landlords to keep an eye on their
properties," said Oliver mayor Ron Hovanes regarding a new bylaw
currently under readings by town council.

The bylaw, called the Controlled Substance Nuisance Bylaw, is
expected to be adopted in March, and proposes requirements on
controlled substance properties and property owners. According to a
report put forth by town staff, the bylaw demands that landlords (or
their representatives) inspect their properties once every three
months, and make hard copy notes, to be produced on request by bylaw
enforcement officers, to prove that there is no illegal or unsafe
activity occurring on their land. As well, it states that no property
found to be in contravention can be re-occupied until it receives
approval from a municipal building inspector.

Alleson Mandziuk, Oliver's corporate officer, explained where the
idea and the model of the bylaw came from.

"The bylaw that this is based on is a model bylaw prepared for the
UBCM (Union of BC Municipalities)," she said.

Currently the bylaw is awaiting its fourth reading and final
adoption. The process to this point has involved some major
renovations. Town staff and council have been examining the small
print and receiving input from landlords -- the demographic the bylaw
is aimed at.

"When they talked about it in August a property owner who had
properties gave council some comments," said Mandziuk.

Under the original bylaw, the homeowners were to be fined
substantially if any illegal or unsafe activity were found to be in
operation on their property, whether they knew about it or not, said
Mandziuk. She said council had to strongly consider whether it was
fair for landlords who reported contraventions, to be then punished.

Now the bylaw has been changed, and has undergone further scrutiny.

"The bylaw was one that was vetted through lawyers, the RCMP, and
the Fire Chief. The RCMP had no concerns, the fire chief wanted to
make sure the safety of his members was addressed." Changes were made
accordingly.

The bylaw isn't just in place for illegal activity prevention, said Mandziuk.

"It's not just drugs, it's garbage, and unsightliness, mould,
tampering with meters " she said.

"Really, the crux of the bylaw is putting the onus on the property
owner. If they are co-operating and they find that a grow-op is
happening, they can report it to us."

It's a bylaw that keeps public safety and future renters in mind too.

"Generally the purpose of doing this is to protect the health and
safety of residents, and that if it isn't safe, a building isn't
occupied until it's deemed safe. If a building has been shown to have
contravention, basically the building can't be occupied until it has
been inspected by a qualified person to say that remedial measures
have been taken," said Mandziuk.

Ron Casorso is an Oliver landlord, and he's had the opportunity to
speak to town council and staff about the new regulations, and voice
his concerns as well as his approval.

He agrees that a good landlord should be aware of what is occurring
on his property, but questions the rationale behind the requirement
to report certain things, where to report them to, and even the
temporary prohibition of occupancy while waiting for a building inspection.

"Point blank, any landlord who doesn't go and check every three
months is really an idiot. They're just asking for trouble," Casorso
said. He explained his reservations regarding the rest of the bylaw.

"I'm just worried about overreacting. There are some situations where
it's necessary, but if it's the equivalent of three houseplants,
maybe it isn't." He said he thinks if a house can't be occupied for
health reasons, it's one thing.

"If it's a case of bureaucracy, that's wrong."

RCMP Staff Sergeant Kevin Schur said there's not a set amount of time
a house will be shut down.

"If it was a closet and the bylaw required them to have the closet
cleaned, the cost (and time) would be minimal," he said. "If you have
three plants, the bylaw doesn't say you have to rip all the walls out
of the house."

Casorso doesn't see how the municipality should be involved in what
seems to be criminal justice legislation.

"The Town has no capacity to deal with criminal activities to report
to the Town, I mean, who are you going to report to?"

Mandziuk said that if a landlord does have to file a report on
contravened activity on their property, they can go to the town hall
and staff would forward the information to the appropriate people,
more than likely the bylaw enforcement officers.

Hovanes has the community and the community's service workers at the
forefront of his thinking where the bylaw is concerned. He believes
that any opposition will be worth it.

"(Drug houses are) a threat to the community at large, to children
and neighbors and also those with emergency services. There are real
grave concerns."