Franklin County Environmental Court: Specialized Housing and Environmental Jurisdiction

1. Judge Stephanie Mingo Franklin County Municipal Court Environmental Division

2. Mission of the Court the Court - Mission - Jurisdiction - Tools - Staff - Strategies the Docket - Housing - Health - Animals - Nuisance - Environment - Zoning the Next Step - Resources - Community Service Questions • The Ohio General Assembly created the Environmental Division of the Franklin County Municipal Court in 1991. • The mission of the “Environmental Court” is to serve as a specialized, housing and environmental focused court. This specialized Court was established to streamline the judicial oversight and adjudication of housing violations and other environmental violations. • Judge Mingo is the fourth judge to preside over the Environmental Division. • The Environmental Division can hear cases from across the entire county, and those portions of the City of Columbus that lie outside Franklin County.

3. Jurisdiction of the Court the Court - Mission - Jurisdiction - Tools - Staff - Strategies the Docket - Housing - Health - Animals - Nuisance - Environment - Zoning the Next Step - Resources - Community Service Questions • The Environmental Division has exclusive jurisdiction to enforce civil actions or criminal actions pertaining to the local building, housing, air pollution, sanitation, fire, zoning, property maintenance or safety codes, ordinances, or regulations • The Environmental Division has concurrent felony jurisdiction with the Franklin County Court of Common Pleas in cases relating to the pollution of the air, ground or water • The Environmental Division has no monetary limitation as it relates to the case it hears and regularly presides over cases involving multi-million dollar projects.

4. Staff of the Court Bailiff Amy Christman………………….....................................(614) 645-8741 christmana@fcmcclerk.com Chief Environmental Specialist Kyle Kirker........…........(614) 645-8225 kirkerk@fcmcclerk.com Environmental Specilaist Craig Rees…...........................(614) 645-2724 reesc@fcmcclerk.com Environmental Magistrate Ben Hoelzel…..................(614) 645-1669 hoelzelb@fcmcclerk.com Secretary Mandy Cain…...................................(614) 645-8742 cainm2@fcmcclerk.com the Court - Mission - Jurisdiction - Tools - Staff - Strategies the Docket - Housing - Health - Animals - Nuisance - Environment - Zoning the Next Step - Resources - Community Service Questions The Franklin County Environmental Court hears between 600 to 1000 cases per month

5. Tools of the Court the Court - Mission - Jurisdiction - Tools - Staff - Strategies the Docket - Housing - Health - Animals - Nuisance - Environment - Zoning the Next Step - Resources - Community Service Questions On-Site Trials/Hearings • The nature of the Environmental Division docket occasionally requires that a hearing or trial be conducted on the property that is the subject of a lawsuit. The Court will entertain a motion from any party who wishes an on-site trial; or may convene a hearing on-site without a motion. The exterior of a hoarding property, West Columbus Education & Outreach • The Environmental Division routinely presents its mission and processes to community groups across Franklin County. The Court participates in local events as a way to share information on the issues vital to our neighborhoods. Magistrate Hoelzel educating visitors at Party for The Planet at the Columbus Zoo.

6. Sentencing Strategies Incarceration & Financial Sanctions • The Court has authority to impose penalties for criminal offenses which can include both financial sanctions/fine and incarceration. • Verification of Compliance • Provided No Conviction • Community Control/Probation • Intense Supervision • In Civil cases the principal tool of the Court is financial fines/penalties, but in exigent circumstances can include incarceration for contempt of Court. the Court - Mission - Jurisdiction - Tools - Staff - Strategies the Docket - Housing - Health - Animals - Nuisance - Environment - Zoning the Next Step - Resources - Community Service Questions Courtroom 15A, Environmental Court’s Civil Courtroom

7. Environmental Specialists the Court - Mission - Jurisdiction - Tools - Staff - Strategies the Docket - Housing - Health - Animals - Nuisance - Environment - Zoning the Next Step - Resources - Community Service Questions • Legislation for the creation of the Environmental Court called for the creation of a Chief Environmental Specialist Position. • Environmental specialists are to provide expert assistance to the division and the parties before the division in the areas of their qualifications. They provide field investigation services, and perform any other duties that the judge of the division prescribes. • Currently, the Environmental Specialists supervise probationers for housing, code enforcement, animal, and other environmental cases. • They monitor for compliance in Criminal and Civil matters on behalf of the Court, and serve as outreach and educational resources to the public.

8. the Docket – Housing & Building Codes the Court - Mission - Jurisdiction - Tools - Staff - Strategies the Docket - Housing - Health - Animals - Nuisance - Environment - Zoning the Next Step - Resources - Community Service Questions Garage in disrepair, debris in yard (Hilltop). Prohibited scrap tire storage (Linden). • Failure to maintain the exterior of a building/land • Failure to obtain a building permit or zoning permit • Graffiti • Demolition • Uninhabitable structures • Illegal/Unpermitted Zoning Uses • Sign/Billboard/Graphics violations • Zoning code violations • Zoning board appeals

9. the Docket – Housing & Building Codes the Court - Mission - Jurisdiction - Tools - Staff - Strategies the Docket - Housing - Health - Animals - Nuisance - Environment - Zoning the Next Step - Resources - Community Service Questions Damaged siding, exposes structure to the elements. Badly fire-damaged structure. Subject to demolition. • Housing and Building Codes: An Emphasis on Life Safety • The Court sees cases involving interior and exterior housing codes. • Interior inspections are done by Code Enforcement when a tenant or occupant makes a complaint about the living conditions. • If code violations are found, Code Enforcement issues violation notices. If the violations are not resolved, Code Enforcement may file criminal or civil charges. The case then proceeds to Environmental Court.

10. the Docket – Housing & Building Codes the Court - Mission - Jurisdiction - Tools - Staff - Strategies the Docket - Housing - Health - Animals - Nuisance - Environment - Zoning the Next Step - Resources - Community Service Questions A kitchen with no egress. Movement to doors and windows in the event of a fire is compromised. A kitchen with components badly in disrepair. • Housing and Building Codes: An Emphasis on Life Safety • Dwelling units in disrepair are a common issue in Court. Landlords are required to keep their units up to Code. • Dwelling units must be kept in a decent, safe, and sanitary manner. • Working smoke detectors, functioning plumbing, functioning appliances, safe electrical components, and sanitary conditions are all a requirement. • These laws ensure occupants are at less of a risk to being victims of fire, electrocution, infection, and poisoning.

11. the Docket – Housing & Building Codes • Plumbing and Weatherproofing: Mold Prevention For A Safe Home • Environmental Court rarely sees cases where mold is the only violation. Columbus Code Enforcement enforces clean and sanitary premises, but does not enforce mold directly. • The causes of mold are more likely to be enforced. Examples of Code Violations that lead to mold are plumbing leaks, roof leaks, non-weatherized windows and doors, faulty and missing gutters, foundation leaks. • In Columbus, Code Enforcement addresses these sources of mold. Franklin County Public Health and Suburban Code Enforcement addresses some of these issues outside of Columbus, depending on the sources of the mold. • Compliance is the goal, but sanctions on property owners who do not make repairs are on the table. the Court - Mission - Jurisdiction - Tools - Staff - Strategies the Docket - Housing - Health - Animals - Nuisance - Environment - Zoning the Next Step - Resources - Community Service Questions

12. the Docket – Housing & Building Codes Plumbing and Weatherproofing: Mold Prevention For A Safe Home the Court - Mission - Jurisdiction - Tools - Staff - Strategies the Docket - Housing - Health - Animals - Nuisance - Environment - Zoning the Next Step - Resources - Community Service Questions Sources of mold such as water leaks and improper ventilation are Code violations that can be brought to Environmental Court.

13. the Docket – Housing & Building Codes The Lead Docket the Court - Mission - Jurisdiction - Tools - Staff - Strategies the Docket - Housing - Health - Animals - Nuisance - Environment - Zoning the Next Step - Resources - Community Service Questions • The City of Columbus has filed approximately 75 lead paint cases over the past couple years. • The City of Columbus Health Dept. and the City Attorney’s Office files civil lawsuits against owners and properties with lead paint violations. • The City of Columbus Housing Division provides defendants with grant information if they qualify for lead paint remediation grants. These grants can be income based, or based on if young children live in the home, among other things. • Individuals who show up for hearings tend to now be in compliance or working towards compliance. • Individuals who do not show up or are non-compliant may be subject to fines and subsequent judgements against the property.

14. the Docket – Hoarding Program the Court - Mission - Jurisdiction - Tools - Staff - Strategies the Docket - Housing - Health - Animals - Nuisance - Environment - Zoning the Next Step - Resources - Community Service Questions The Beginnings • In 2014, the Environmental Court began an organized effort to bring properties with hoarding issues into compliance with the law, along with providing treatment opportunities to those afflicted with the Hoarding Disorder. • For individuals convicted of housing violations, probation focused on treatment and cleanup was imposed. Issues with probation are that only financial and jail sanctions can be imposed for non-compliance. Many participants had no money, and would rather go to jail than dispose of items.

15. the Docket – Hoarding Program the Court - Mission - Jurisdiction - Tools - Staff - Strategies the Docket - Housing - Health - Animals - Nuisance - Environment - Zoning the Next Step - Resources - Community Service Questions A New Approach • The new approach involves civil filings by municipalities and the county against the property and owners. A longer case schedule is allowed, and Phased Compliance Schedules are used. Non-compliance options still include jail and financial sanctions, but they also include the option of Court authorized cleanups and foreclosures. If compliance occurs, there are no criminal or probation records associated with the homeowner. The toolbox in a civil filing is much larger. • Cleanups, Compliance Checks, and Therapy are provided by a partnership of groups. Southeast Inc., Columbus Code Enforcement Environmental Blight Abatement, The Columbus Refuse Division, The Franklin County Hoarding Task Force, and Environmental Court Specialists are a few of the partners. The partnerships continue to grow. • There are approximately 15 individuals in the Hoarding Program.

16. the Docket – Hoarding (OSU Campus 2017) the Court - Mission - Jurisdiction - Tools - Staff - Strategies the Docket - Housing - Health - Animals - Nuisance - Environment - Zoning the Next Step - Resources - Community Service Questions An example of a Court Ordered cleanup of a hoarding situation.

17. the Docket – Health & Safety Codes Bedbugs, Roaches, Rats, and Infestations • In the City of Columbus, the property owner (landlord in many cases) is responsible for pest elimination in structures with one or more dwellings.Tenants are responsible for pest elimination in single family homes and multi-family units if their unit is the only one infested. • Cases that do reach Court are rare, as many are resolved by Code Enforcement and Health Departments. Cases that do are typically very bad. • Failure to eliminate an infestation is a Misdemeanor of the 1st Degree in the City of Columbus. the Court - Mission - Jurisdiction - Tools - Staff - Strategies the Docket - Housing - Health - Animals - Nuisance - Environment - Zoning the Next Step - Resources - Community Service Questions Photo of a Bedbug from the CDC/Harvard University

18. the Docket – Health & Safety Codes the Court - Mission - Jurisdiction - Tools - Staff - Strategies the Docket - Housing - Health - Animals - Nuisance - Environment - Zoning the Next Step - Resources - Community Service Questions Cases involving unsanitary conditions, infestations, solid waste disposal, and high grass/weeds are a common occurrence.

19. the Docket – Health & Safety Codes the Court - Mission - Jurisdiction - Tools - Staff - Strategies the Docket - Housing - Health - Animals - Nuisance - Environment - Zoning the Next Step - Resources - Community Service Questions Prohibited waste storage, disposal, and dumping all occur regularly within the county. Dumping and littering is enforced by the police and Environmental Crimes Task Force. Improper waste disposal and storage on privateproperty is handled by Code Enforcement and the Health Department.

20. the Docket – Animal-Related Cases the Court - Mission - Jurisdiction - Tools - Staff - Strategies the Docket - Housing - Health - Animals - Nuisance - Environment - Zoning the Next Step - Resources - Community Service Questions Seized wildlife parts and hunting gear. Animal abuse, neglect, cruelty. An injured dog being treated after a dog fighting operation was broken up. • Failure to license a dog • Failure to control a dog • Failure to confine a dangerous/vicious dog • Animal cruelty • Animal fighting • Wildlife trafficking • Wildlife violations • Hunting/Fishing violations.

21. the Docket – Environmental Cases the Court - Mission - Jurisdiction - Tools - Staff - Strategies the Docket - Housing - Health - Animals - Nuisance - Environment - Zoning the Next Step - Resources - Community Service Questions • Hazardous Waste Hauling • Overweight trucks • Unsecured loads • Air pollution • Land Pollution (Open Dumping/ Littering) • Open burning • Water pollution

22. the Next Step – Resources & Outreach • Owner Occupied Initiative • New cooperation with the City of Columbus and City Attorney’s Office. • Programs, grants, loans, and other resources available to defendants of owner-occupied properties. • Many programs have qualification thresholds such as age, disability, income, or family size • The Court and City Attorneys identify potential eligible owners and schedule the cases on special monthly meetings where representatives from different departments and programs are on hand to screen and assist owners. • The ultimate goal is to achieve compliance while keeping people in their own homes. • Receivership Pilot Program • O.R.C. 3767 allows for the appointment of a Receiver over nuisance properties when the owner or other interested party fails to timely abate the nuisance conditions. • The Receiver is an arm of the Court that can take over a property for the purpose of abating nuisance conditions and eventually sell the property to recoup costs. • Central Ohio Community Improvement Corporation (COCIC) has currently agreed to fund a certain a number of receivership properties. • The statutory guidelines and financing can be cumbersome, but the number of nuisance properties under receivership is expected to increase greatly in 2019. • A focus on vacant or abandoned properties and properties with a long history of non-compliance. • The Court meets every 45 days with the City Attorney’s office, code officials, representatives from County agencies, Receivers, and Receivers’ counsel to monitor progress and assess potential properties. the Court - Mission - Jurisdiction - Tools - Staff - Strategies the Docket - Housing - Health - Animals - Nuisance - Environment - Zoning the Next Step - Resources - Community Service Questions

23. the Next Step – Resources & Outreach • Outreach Events • Party for The Planet! (Zoo) • Fam Jam (Children’s Services) • Wag Fest (Animal Groups) • Health and Wellness Expo • Environmental Court Open House • Community Meetings • Area Commission Meetings • Etc. the Court - Mission - Jurisdiction - Tools - Staff - Strategies the Docket - Housing - Health - Animals - Nuisance - Environment - Zoning the Next Step - Resources - Community Service Questions

24. the Next Step – Community Involvement • The Court Staff are very active in interested in getting to Community Events to educate citizens on the Court’s function and how we can be of service. • Membership and Participation with the Hoarding Task Force, Environmental Crimes Task Force, and Neighborhood Associations keeps our knowledge and understanding current and relevant so we may serve more effectively. • The Court Staff are knowledgeable on many matters pertaining to Code Enforcement, Housing, Neighborhood Safety, Health, and Animals. • We have the answers, and if we don’t, we know how to get them! the Court - Mission - Jurisdiction - Tools - Staff - Strategies the Docket - Housing - Health - Animals - Nuisance - Environment - Zoning the Next Step - Resources - Community Service Questions

25. the Next Step – Community Service • In 2014 the Environmental Division created the Community Cleanup Crew. • Since its inception, the Crew has cleaned up 20+ tons of waste and 1000+ tires from our neighborhoods, parks, and greenways. • The Crew has assisted individuals who own property and are unable to fulfill mandated cleanups due to illness, disability, or financial hardship. the Court - Mission - Jurisdiction - Tools - Staff - Strategies the Docket - Housing - Health - Animals - Nuisance - Environment - Zoning the Next Step - Resources - Community Service Questions The Cleanup Crew after a day of assisting an elderly man remove solid waste violations from his property (2017). • The Cleanup Crew has grown to a magnitude where the entire Municipal Court sentences non-violent offenders to Community Service. • A dedicated Coordinator and Assistant run the program in conjunction with the Probation Department. The crew cleaning up the exterior of a hoarding property (2018).

26. Contacts, Questions & Comments the Court - Mission - Jurisdiction - Tools - Staff - Strategies the Docket - Housing - Health - Animals - Nuisance - Environment - Zoning the Next Step - Resources - Community Service Questions Judge Stephanie Mingo Franklin County Municipal Court Environmental Division