For cases with offense dates occurring after January 1, 2004, Community Control rather than Monitored Probation will be imposed for those assigned to Housing Specialists. This change in language is in compliance with sections 2929.26, 2929.27 and 2929.28 of the Ohio Revised Code.
In 1994, the "Monitored Probation Program" now called "Community Control" was initiated on repair or demolition orders. As an incentive to achieve compliance, the defendant is sentenced with the maximum fine amount and maximum jail time, which are stayed, and placed on a Community Control for a period of three months. The defendant signs a form agreeing to these conditions. An assigned Housing Specialist meets with the defendant at the property where 30-day reporting periods are arranged. A compliance schedule for the clean up, board up, repair, demolition or marketing is developed with the defendant that itemizes each repair with a corresponding completion date. If the defendant fails to show constant effort or fails to report timely, the probation is considered violated. The Housing Court Judge will then set a hearing to revoke the probation and may incarcerate the defendant. If compliance or other satisfactory resolution is achieved in a timely manner within the probation period, the fine amount is reduced to an appropriate level, the jail time is suspended and the probation terminated when the fines and costs are paid. The final appearance of a defendant placed on Community Control is either full compliance or imposition of sentence for non-compliance.
Fines and costs are imposed on all cases in which full compliance has been achieved, even if there is full compliance at first appearance for arraignment. This policy was put in place to enable the City to recover costs expended to bring the case to Court, due to the defendant's failure to comply within the regulation time. Larger fines and costs are imposed if the case is delayed by the defendant. Incarceration is imposed if the defendant is stalling or abusing the process or if convicted of illegal dumping, which is mandatory, or house stripping.