Housing Complaint Investigation

1. Summit County Public Health (SCPH) investigates all housing complaints. Aesthetic related complaints that are determined to be non-health related are referred to the responsible local agencies. Complaints involving repairs such as electrical services, heating units, plumbing connections and structural integrity may be forwarded to the corresponding agencies such as building departments, public utility companies, etc.

 2. Upon receiving a housing complaint for an owner-occupied or tenant occupied   structure, the inspector determines the owner’s name and tenants name if applicable and mailing address prior to making the property inspection.

3. Interior investigations of an owner-occupied dwelling take place if one or more of the following criteria are met:The nuisance is affecting neighboring properties

• A request from a local government agency
• A request from Adult Protective Services
• A request from Children’s Services Board
• A request from a hospital, EMS, other medical agency, police or fire department

 Interior inspections of tenant occupied structures take place if access to the           dwelling is available. If the tenant no longer resides in the dwelling or SCHD is unable to contact the tenant, a letter is mailed to the landlord regarding the complaint. Tenants are also given information on the Fair Housing Advocacy Group regarding tenant/landlord rights.

 Exterior inspections take place regardless of the occupancy of the dwelling.

 3. Complaints are to be entered in HealthSpace. Complaints are received by mail, personal visit to Health Department office, or taken by phone by a sanitarian, supervisor or support staff. Anonymous complaints are accepted. Be sure to obtain and enter in all information requested, including business telephone if person is not at home during the normal work day.

 4. The complaint is sent via email to the appropriate sanitarian. Support personnel will not give out information regarding the complaint to anyone.  Refer inquiries to field staff supervisor making the investigation.

 5. All complaints are to be investigated within three (3) working days from date of receipt.

If referred to another department, agency, person, etc., record this in HealthSpace in investigation section or return to support staff via email.

If a complaint letter is received that does not contain sufficient information on the location of the complaint, the sanitarian will need to contact the complainant for more information. If complainant cannot be contacted or is anonymous complete the investigation as best as possible and note limitations in HealthSpace.

 6. Even if not specifically requested, keep the complainant informed as to the status of the complaint. Record contacts and summary of when & what you told complainant in HealthSpace.

 7. Environmental Health Supervisor will be available for guidance at all times during the complaint investigation.

 8. Complaint investigations over six (6) months old will be reviewed by the supervisor with the staff person.

9. Upon completion, the sanitarian will complete documentation in HealthSpace, organize any handwritten notes/documents, and file or return to the support staff for entry of the final abatement date and filing. Any forms and all orders, letters, etc. are filed by the sanitarian or support staff by street and number for the designated year.

 1. Fill in all pertinent information in HealthSpace relative to the complaint location: Name, address, political subdivision, and phone. 

 2. If the complaint is found to be justified, the "Order to Correct Form" or letter 2 nuisance order formREV2014.doc must be completed. An order should be issued on every complaint found to be justified along with the amount of time for correction, determined by the sanitarian, specified on each order.  If there is some question as to the amount of time to give, check with supervisor.

 3. Each order must also indicate what section of the Summit County Public Health Code and/or the Ohio Revised Code that is in violation.

 4. The written orders may be left at the home even if the people are not present. There may be times when a letter will be needed, but if at all possible, use the Order to Correct Form. There are numerous letters under the folder ..Enforcement letters . The letters contain a vast array of situational circumstances that are covered. Please consult with the supervisor if you have questions. The mailed order form or letter should be sent registered and  regular mail.  NOTE -- Do not use both an Order to Correct Form and a written letter.

 5. The re-inspection shall be conducted on or as close to the date specified on the order as possible. All re-inspection dates and results should be noted on the "Complaint" form. 

 a) Upon reinspection, if little has been accomplished, an extension may be given (depending on the level of compliance) or the responsible person should be ordered to appear for an in-office hearing to explain why the order to correct was not completed

 b) If action has been taken to comply with the order but the order is not complied with in full, an extension in time may be given (a new order is not needed).  If at the end of the extension, the order has not been complied, then proceed in accordance with "5a" above.

 c) If the order is complied with in full, record date, sign form, and return to support staff along with all orders, letters, etc

1.  It is expected that each staff person exhaust all efforts of violation correction available to them prior to consideration of an in-office hearing.

 2.  If your supervisor concurs with your recommendations schedule the in-office hearing with your supervisor and alert the Director to the scheduled hearing. Whenever possible, the assistant director or director will attend.

 3.  If, at the in-office hearing, an adequate explanation is given why compliance has not been made, an additional amount of time can be given to comply with the order.

After the in-office hearing, the sanitarian will prepare a letter thanking the person for participating and outlining the corrections and time table agreed upon

 a) If, at the in-office hearing, no reasonable explanation is offered, the offending party will be notified that the prosecutor’s office will be notified of the situation to proceed with possible legal action.

 OR

 b) The Board of Health will be asked to authorize proceeding with legal action. The person responsible for causing the complaint shall be notified of the action and given the opportunity to appear before the Board of Health.

 If the problem is corrected prior to the Board of Health meeting, there will be no need for further action.

1.  For the Board of Health Hearing, the responsible sanitarian will prepare a Request for Board of Health Action giving a chronological listing of events and the section under which legal action is to be taken.

 2.  The Director of Environmental Health is the only one who will schedule Board of Health Administrative Hearing.

3.  The "Citation to Owner of Property at" letter is sent by certified mail, and a copy given to sanitarian to attempt personal service of the letter. This must be received by the person to be charged at least 30 days before the scheduled hearing.  Also notify their attorney of record.

 a) If action is taken in accordance with the Summit County Public Health Code, then the section that is being violated is 3709.21 of the Ohio Revised code.  Legal action is filed under 3709.99.

 b) If action is taken under the Summit County Public Health Code, then Ohio Revised Code Section 3709.11 can also be used.

 c) An order can also be filed under the nuisance section of Ohio Revised Code section 3707.01.  If the order is written under this section, then action would be taken under 3707.48 and 3707.99.

 4.  If unable to accomplish personal service of notice and the registered letter notice is returned, the notice must be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the county where the last known place of residence or business of the party is located. A copy of the newspaper with the first publication of such notice marked must be mailed to the party at such address.  The notice is then deemed received as of the date of the last publication.

 5.  If an appeal to the court, by either party, is anticipated, Summit County Public Health will cause a stenographic record to be made of the proceedings.

 6.  The sanitarian who conducted the investigation will be the witness at the court trial.

 7.  Prior to any court appearance, the sanitarian will work with the prosecutor to insure:

 a) Inspection records are in order;

 b) The affidavit is prepared correctly; and

 c) The problem has not yet been corrected.