It seems the city’s “immediate action” wasn’t enough to get a medical marijuana grow-op in the Riverside neighbourhood dismantled.
Two weeks ago, the NOW broke the story of a group of neighbours upset the city hadn’t dismantled a grow-op in the 6000 block of Thorne Avenue.
Since the story was published, the City of Burnaby issued its fourth notice to the property owner and the registered, non-resident tenant explaining the grow-op was in violation of the zoning bylaw, and the marijuana plants had to be removed by Jan. 16.
Last Friday, city staff conducted a property inspection to confirm whether the plants had been removed, but they were still there.
“The use had not changed and, in fact, there was more plants than there were on the previous inspection,” said Clayton Hall, the city’s manager of licensing and regulatory bylaws.
This was the fourth time city staff had visited the residence since property use coordinator Jennifer Marshall was given the file in June, according to documents obtained by the NOWthrough a Freedom of Information and Protection of Privacy Act request.
But the story of this grow-op goes back further, to January 2014, when Gino D’Onofrio, who lives next door, first contacted city staffer Christine Harry with his suspicions about the “farm” building that was, at the time, still under construction.
Initial complaint
In an email from Harry to an unknown recipient (the name was redacted because disclosure could hinder a law enforcement investigation), Harry lists D’Onofrio’s concerns, including the installation of a 600-amp electrical box and the building’s safety and design.
“I hope this doesn’t come across as farfetched, because reading it almost makes it appear ridiculous,” Harry writes in the email.
Turns out D’Onofrio’s concerns weren’t far-fetched; unfortunately, it took the city five months to open an official file.
Hall told the NOW the complaints made by D’Onofrio in January were only speculations that couldn’t be proven because there was no evidence – there were no plants and the building wasn’t even complete yet, he added.
“We can only go on concrete facts, and a lot of the times those facts do turn out to be true, but a lot of times they don’t,” Hall said.
Suspicions proven
Marshall, two RCMP officers, and Rob Grimm, a fellow property use coordinator for the City of Burnaby, visited the Thorne Avenue property for the first time in August.
“It should be noted here that there are countless cameras on both of these buildings – the house and this farm shed. Once inside the shed, we realized immediately that we were standing in a room filled with marijuana plants,” Marshall wrote in an email to her superiors on Aug. 28.
Marshall counted about 500 to 600 plants in the 3,300-square-foot shed.
Following the inspection, the city sent the property owner a letter informing he or she the property was in violation of the zoning bylaw and was not, in fact, an orchid and bonsai nursery as had been noted in permit applications the year before.
“In that the use of the property at 6291 Thorne Ave. does not comply with the zoning bylaw and other regulations, you are directed to bring the property into compliance on or by Friday, 2014 Oct. 3,” stated the letter.
The letter also noted there would be a re-inspection of the property on that day as well.
A week later, the city received a request from the owner’s lawyer for a month-long extension to the compliance date. The city only granted a two-week extension and informed the owner staff would return to the property on Oct. 17.
Marshall conducted the second inspection, and while she noted in her report there were fewer plants, the number of plants was not important – the property was still in violation of the zoning bylaw.
Then the property owner requested a second extension until the end of the month. That extension was granted, and on Oct. 31, Marshall returned to the property for a third time, but nothing had changed.
“It’s a bit of a cat-and-mouse game. Inspection scheduled for this date and time, and after (staff) leave let’s roll the cube van up and drop off the plants we took out just to make sure we satisfied the numbers,” Hall told the NOW.
The inspection on Halloween was the final one of 2014. What happened between Oct. 31 and Jan. 16, Hall couldn’t say. He did, however, say the city does its best to expedite such processes, but much depends on the schedules of homeowners and tenants.
“At this point in time, we’ve kind of exhausted all efforts in terms of dealing with their legal representation, their property owner, their resident tenants,” Hall said.
Final straw
This week, staff forwarded the matter to Bruce Rose, the city’s solicitor. It’ll be up to him to decide if the city sends yet another letter to the tenants and property owner or if the city proceeds directly to legal action to shut down the grow-op. If Rose decides the city should take legal action, city council will be asked to approve the costs.
But until then, the grow-op remains – much to the disappointment of Riverside residents.
On Monday morning, D’Onofrio watched a cube van pull up to the front of the home and unload packages of soil and black garbage bags, carrying what he believes are marijuana plants.
“You could smell the marijuana last night like you wouldn’t believe – even the night before,” D’Onofrio said.
Despite the smell, D’Onofrio is pleased the city is finally ready to take action against the tenants and property owner. Once it’s all said and done, he hopes the city will knock down the shed so the owner isn’t tempted to grow again.
“These guys are never going to stop until … they knock that shed right out of the way and cut the power off,” he said.
The NOW made several attempts at contacting the property owner and tenants but never heard back.
