Middletown considering new notices to avoid court appearances

Middletown will consider adding another enforcement tool outside of citing people into municipal court to address minor violations or code violations.

A public hearing will be held concerning Notices of Civil Offenses and penalties at City Council’s June 4 meeting before a final vote is taken.

Susan Cohen, administrative services director, said in many circumstances, people are given an opportunity to abate an issue. But if they ignore it, they get cited into Middletown Municipal Court.

The civil penalty notices would be available as an alternative to citing a person into court for violations of certain sections of the city’s municipal code ranging from minor traffic/pedestrian infractions to not having the appropriate permits, inoperable vehicles, dogs running at large or barking, trees and branches that overhang right of ways.

The civil violation notices can be issued by any city enforcement officer, such as police, code enforcement and building inspectors. Those enforcement officers can give a warning as well as issue civil notices or criminal citations. People who receive these notices will be required to pay a fine or request an administrative hearing to contest the alleged violations, according to the proposed ordinance.

Depending on the infraction, civil penalty fines can range from $50 to $150 and will double if the fines are delinquent, according to the proposed ordinance. However, civil offense violations and criminal charges cannot be filed simultaneously.

Some violations will be eligible to have the civil fine reduced by 50 percent if the violation is corrected and proof is provided. A reduction of the civil fine is not allowed for violations of the same code section within one year. Repeated violations of the same code section within one year may put the violator in the category of “second offender” for the imposition of increased civil fines.

Decisions by the hearing examiner can be appealed to the Butler County Common Pleas Court.

City Manager Doug Adkins said the proposed Middletown ordinance is modeled after a similar ordinance enacted by the city of Cincinnati.

“This is for people who have the money and can resolve issues but choose not to,” Adkins said. “This is not designed to penalize people who can’t afford to abate the nuisances.”

Adkins said about 75 percent of those cited resolve their violations, but the remaining 10 to 25 percent will not comply.

“We’ve found that citing people into court is not effective for code enforcement,” he said. “Many times a person would be found guilty and fined $25.”

He said the city will help those people who have financial issues through local nonprofits to get assistance to address their issue.

“We’re seeking voluntary compliance, which is always the best option,” Adkins said.

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