Property owners are now responsible for ensuring tenants obey the law when it comes to drug operations.
Council for the District of Squamish passed the nuisance controlled substance bylaw during the Tuesday (Aug. 1) council meeting with Coun. Greg Gardner opposed.
"I understand the evils it tries to address," said Gardner. "But I'm quite troubled with the onus [being] on the property owners and burden on [district] staff. I think it needs more consideration."
Gardner said he was also concerned with the cost to the district in terms of the additional work staff would have to undertake.
The bylaw states property owners must now inspect their rental properties every three months to ensure tenants are not manufacturing drugs or running marijuana grow operations, also known as Controlled Substances Properties (CSP). The bylaw also allows the municipality to fine owners and bill them for the cost of police investigations if a grow-op or drug lab is discovered without the owner's notification.
The bylaw was first introduced and passed its first three readings on June 20, shortly before Gardner was sworn in as councillor. At the time, no one on council expressed concerns.
Squamish council is only one of several B.C. municipal governments supporting the provincially endorsed bylaw, which was drafted by the Union of British Columbia Municipalities (UBCM).
Property owners will also be required to maintain a written log of inspections, to provide the log when requested by an inspector, and to report any found CSP to the district within 24 hours of finding it.
If RCMP or inspectors suspect and discover a CSP without the property owner's notification, the owner is billed with policing and district enforcement costs, starting at $500 for an inspection. If these service fees are not paid, they can be collected as property taxes. The fees are justified due to the costs and hazards associated with CSPs.
Since the bylaw's introduction, the district has run two ads in The Chief advising residents of its intended adoption. In the last two weeks, no one has come forward to raise concerns, according to Coun. Jeff McKenzie.
Director of protective services Cliff Doherty said the cost of additional staff would be offset by the collection of fines.Property managers like the bylaw, he said, because it gives them a reason to enter the premises. "Personally, I've received no negative comments," he said. "Police welcome it."
Coun. Corinne Lonsdale said she supports the bylaw because it addresses the frustration of communities around the province who feel they have no means of addressing CSPs.
And a staff report states: "RCMP officers in Squamish are routinely investigating and 'busting' illegal marijuana cultivation operations. This bylaw will authorize proper cleanup of these sites as well as a framework for dealing with cleanup of the more hazardous methamphetamine labs."
A grow-op was discovered as recently as Monday (July 31), said Doherty. A landlord entered a premises when the tenant had gone several months without paying rent and discovered marijuana plants growing.
"Meth labs use many chemicals, which are toxic and extremely volatile when combined," states the report. "With these sites, a firefighter and any other first responder or safety staff must be cognizant of the additional risks posed by hydro bypass, booby traps protecting the operation, electrical wiring entanglements, confrontation with attack dogs, and collection of toxic chemicals. In addition to the danger, there is currently the cost to the taxpayer for providing first responder, operations, and other services."
Doherty said building inspectors have the option of following Richmond's example by entering rental units with security guards.
Once the CSP is discovered, the owner has two months to make the site livable by removing mould and thoroughly cleaning the residence. Owners are encouraged to follow new regulations or face more costs through minimum $1,000 fines for a number of offences including failure to notify inspectors, failure to provide inspection logs, altered hydro meters, failure to properly clean premises after CSP discovery and failure to notify neighbouring tenants or new tenants of CSP discovery.
The bylaw will also entitle district staff, landlords and other authorities to shut off water service despite a provincial Residential Tenancy Office regulation that states: "It is an offence for a landlord to discontinue providing a service or facility that is essential to the tenant's use of the site or unit for their residence."
Conflicting regulations may be resolved through the bylaw's "severability" clause, which states: "If a portion of this bylaw is found invalid by a court, it is the intention of the council that the portion be severed and that the remainder of the bylaw remain in effect."
