BUST BYLAW TOO BROAD?

Regulations forcing property owners to pay for drug-related costs
under criticism across B.C.; PG rules different

While several B.C. communities have adopted bylaws forcing property
owners to take responsibility for grow-ops and clandestine drug labs,
the fine print may end up punishing the innocent.

The District of Mission faces harsh criticism and a class action
lawsuit from residents claiming the city's $5,200 inspection fees on
properties with unusually high hydro consumption is little more than a
cash cow for the municipality.

In 2009, Mission dealt with 219 files and levied 137 inspection fees,
bringing $712,400 to the district for the year.

Prince George's new controlled substance property bylaw was adopted in
September and has been enacted several times, but the city has
measures in place to ensure innocent parties don't end up facing hefty
fines, according to bylaw services manager Guy Gusdal.

The law was enacted in September by Prince George city council to
ensure residences damaged by grow operations are returned to livable
states.

City council adopted the bylaw to provide staff with a resource to
respond to the life safety issues associated with grow-operations and
clandestine drug labs in the community.

"The bylaw also provides a way to recover costs for the city for
things we shouldn't have to do, like inspections and cleanup, and it
encourages property owners - especially absentee owners - to be
responsible for their property," said Gusdal.

Prince George's bylaw has been "tweaked a little" compared to some
other cities, to protect the innocent from huge costs, said Gusdal
Thursday.

One example relates to a residence suspected of housing illegal
activities due to a high consumption of hydro power.

"If authorities find the suspicion is unfounded, the owner, who
receives a 48-hour inspection notice, is not charged for the costs
relating to the inspection," Gusdal said.

Another example relates to renting out a home.

"The bylaw provides that the property owner must inspect the rented
property every three months. If the owner discovers a grow op on the
property he has rented out, he takes a written statement to city hall
within 24 hours and tells staff what is going on. That owner will not
be subject to any of the service costs related to the contravention,"
said Gusdal.

Most recently, two residences on Croft and Hepting Roads were
discovered trashed to make way for marijuana grow operations.

Under the bylaw, both houses have been deemed unfit to be occupied
until they have been brought up to code.

Gusdal said such homes must go through a formal inspection, where the
deficiencies are noted and the owner is provided with the report.

"We send a letter to the owner with a time period in which the
deficiencies must be corrected," said Gusdal.

He said owners are also required to have the home's air quality tested
for signs of mould or other problems arising from a grow operation.

If the owner fails to make the corrections, the city has the power to
fix the building and bill to the owner.

If it isn't paid, the costs are added to the owner's property tax, and
if that isn't paid, the house could end up on the city's auction block.