In recent years, local municipalities, especially Cleveland and neighboring suburbs, have substantially increased the enforcement of their Building and Housing Codes. So, it is critical that Owners always be aware of the condition of their properties and that they keep their residential dwellings (whether houses, apartment buildings, townhouses, or otherwise) and commercial buildings up to the safety, functionality, and aesthetic requirements established by law.
However, it can be difficult or even impossible for Owners, especially those who hold numerous properties, to always abide by each and every applicable local ordinance. Even well-intentioned landlords have retained me after the City has noticed them for comparatively less severe violations, such as high grass, chimneys needing tuck pointing, and roofs needing sealing materials that match the color of the roof. These seemingly minor violations can lead to serious legal consequences if not addressed promptly.
Under State and Local law, violations of City Code that do not rise to the level of a substantial emergency to life, safety, or health must be served upon the Owners. The Owner then must be given a period of time to rectify the violation. If the Owner desires to, and has the means to, fix such violation before the deadline, the Owner will usually, if not always, prevent the situation from going further.
The Owner, after being cited, must appear in Court. If the Owner is a Limited Liability Company (LLC) or Corporation, it cannot appear in Court pro se (without a lawyer), even for just the initial arraignment. Under prior Ohio Supreme Court precedent, this would be the unauthorized practice of law, which in some circumstances can create its own cause of action or criminal charge against the Owner. Thus, LLC or Corporation must hire a lawyer to appear in Court on the Owner’s behalf.
It is essential for the Owner who would appear in Court to be aware of two overarching truths. First, just because the City cited the Owner, the Owner is not necessarily guilty of committing any violations. The Owner has every right to contest the charges if the Owner reasonably believes they are not supported by the law or facts of the situation or were issued procedurally improperly. The old adage “You can’t fight City Hall” is incorrect.
The Owner, after being cited, must appear in Court. If the Owner is a Limited Liability Company (LLC) or Corporation, it cannot appear in Court pro se (without a lawyer), even for just the initial arraignment. Under prior Ohio Supreme Court precedent, this would be the unauthorized practice of law, which in some circumstances can create its own cause of action or criminal charge against the Owner. Thus LLC or Corporation must hire a lawyer to appear in Court on the Owner’s behalf.
It is essential for the Owner who would appear in Court to be aware of two overarching truths. First, just because the City cited the Owner, the Owner is not necessarily guilty of committing any violations. The Owner has every right to contest the charges if the Owner reasonably believes they are not supported by the law or facts of the situation or were issued procedurally improperly. The old adage “You can’t fight City Hall” is incorrect.
The second truth is that it is unwise to fight City Hall just for the sake of fighting City Hall. Code Violation law functions differently from other criminal statutes in that the primary purpose of Code Enforcement is remedial, seeking to bring owners into compliance rather than punish them. However, it is still criminal law. The Court can impose community control conditions, such as preventing the Owner from selling, buying, or conveying any properties under the Court’s jurisdiction to third parties, both during and after the case disposition. Finally, at the end of the case, the Court decides whether to dismiss all charges or to sanction, fine, or even jail Owners for repeated or flagrant violations of Code and or Court procedures. Many Owners will consider this calculus from the onset of the initial Violation Notice and determine that the best, least expensive, and least disruptive course of action is to quickly and seamlessly work with the City’s Building and Housing Department in order to resolve all issues. This underscores the importance of prompt and effective collaboration with the City, which can lead to quicker resolution and potentially less severe consequences.
It is crucial for Owners to know and be aware of local laws under which they could be cited that do not relate to the property’s immediate condition. Frequent examples include the requirements that Owners obtain Lead Safe Affidavits or Rental Registrations, as well as executing and submitting all necessary property disclosure forms to the City.
Owners should also know that the City has the discretion within the bounds of the law to determine that certain rental properties are condemned. While a serious matter, just because the City condemns a property does not necessarily mean the property will imminently be demolished.
At Cavitch, we are prepared to help property Owners navigate simple, moderate, or highly complex Building and Housing Code issues with their local municipalities or their local Courts.