MEETING — The Jefferson County Health and Environment Commission met Wednesday to discuss public health nuisance expediting. — Christopher Dacanay
STEUBENVILLE — The Jefferson County Health and Environment Commission Wednesday developed possible measures to expedite action against public health nuisances.
Committee members Terry Bell and Dr. Mark Kissinger attended the meeting, along with Andrew Henry, health commissioner for the Jefferson County General Health District. Assistant Jefferson County Attorney Sean Blake and Department of Health Environmental Division officials.
The Board of Health called for a meeting to discuss the health department's nuisance policies and procedures after its March meeting, during which Bell allegedly said the county court system was not in a hurry to prosecute nuisance cases. expressed dissatisfaction with the point.
Attendees asked Henry to schedule another meeting, this time with stakeholders involved in nuisance disposal, including the court clerk, prosecutor, county court judge and representatives of the Jefferson-Belmont Solid Waste Authority. I voted yes.
This meeting has not been scheduled, but will consider the following options: “Streamline communication with courts to obtain up-to-date information (on nuisance cases).” Henry said this, adding that the Ministry of Health may also consider abolishing the three-strike policy in cases of infectious diseases. “Severe health hazards.”
According to the health department's current procedures, individuals wishing to file a complaint must fill out a nuisance complaint form on the health department's website. To receive an investigation, the complainant's name, address, and phone number must be included on the form. Date of complaint. The offender's name and address, if known. The name of the property owner, if different from the offender. Full details of the nuisance and the location of the nuisance offender (if not the offender's mailing address).
Environmental Director Mark Maragos said anonymous complaints will not be accepted to allow environmental staff to maintain communication with complainants.
A registered hygienist will conduct the investigation and document the results within 48 business hours. Hygienist Jack McGuire pointed out that citations are based on what can be seen from public areas to avoid entering private property without permission.
If during investigation the complaint is found to be invalid; “Notification of dismissal” It is being addressed. If the charge is valid, the violator will be given a verbal order and remedial steps (if physically present) and will be issued a letter stating the same via certified snail mail.
Violators will have 30 days to fix the problem. If the nuisance is abated by that deadline, the lawsuit ends. If not, a second investigation will be conducted on her for a $100 fee and a second letter will be issued.
After another 30 days, a third investigation will be conducted and if the nuisance does not stop, a $200 fee will be assessed for the final 30 days. If the nuisance does not subside by the final deadline, the complaint will be submitted to the Board of Health at its next monthly meeting to consider next steps. Violators will be required to attend a Board of Health meeting.
If there is a violator, the violator may ask the board for another opportunity to correct. If they are not present, which environmental officials say is common, the case is sent to the Jefferson County Prosecutor's Office. Henry noted that this process could allow 90 days to elapse before prosecution begins.
At that point, Blake said the charges were considered misdemeanors and could result in a $100 fine. The individual will be charged with violating a public health order issued by the commission. If the case is filed a second time, the sentence would be a fourth-degree misdemeanor, punishable by a $250 fine and 30 days in jail.
“Just as (sanitation workers) are doing it, the courts are also trying to work with (offenders) because (imprisonment) must be the final conclusion of this matter. ” Blake said. “Irison serves absolutely no purpose, and I certainly don't think that the prosecutor's office would want to take that approach. Even if you execute that person for up to 30 days (prison), the case is over. There's nothing else to go on.”
Ms Blake said she and Henry attended a seminar on nuisance solutions and concluded that the best solution was to work with the perpetrators to abate the nuisance. Therefore, the public prosecutor and the health department are in the same position, but the environmental officer has more latitude in his abilities, and the public prosecutor has more freedom, he said. “All we can do is prosecute.”
Blake said cases referred to the prosecutor's office are filed within one day. Under the strict schedule for misdemeanors, offenders are sent summonses by certified mail and are scheduled for arraignment within the next week, followed by a trial or pre-trial.
Mr McGuire said the process could at times appear to be unfair to plaintiffs. “Circle of Bureaucrats” This is because, depending on the type of complaint, some individuals may need to be directed to other agencies. McGuire said the health department deals with garbage and parasites, not blight, junk cars and dilapidated homes, and while it is necessary to hand someone over to another agency, the system doesn't work for those who complain. He added that it could make people feel as if they were not.
Ultimately, this places a financial burden on the health department, which has to cover the cost of man-hours, gas, vehicle wear and tear, and postage costs with its own funds.
Maragos said most cases never make it to court, and McGuire added that about half of the 47 complaints last year were resolved in some cases. “Poke.”
Mr. Maragos said: “We're doing it because as long as[criminals]are cooperating with us and making great progress in resolving the problem, the last thing we want is for[the prosecutor's office]to go to the trouble of taking them to court.” I will do everything I can. ”
Kissinger advised environmental officials to submit biannual or quarterly reports on successful practices to ensure that bad practices do not outweigh good practices.
Attendees also discussed the fact that only a quorum of the Board of Health can issue public health orders for prosecution, which they said could delay responses to more urgent cases. Therefore, attendees considered repealing the three-strike rule or calling a special meeting just to issue public health orders for these cases.
Bell suggested the county system introduce a nuisance court specifically for these cases, but Blake noted such a court would need approval from the state Legislature. In order to implement a nuisance court, it would have to be written into the Ohio Revised Statutes. Currently, only Cuyahoga, Lucas, and Franklin counties have such courts.
