Community Control
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.
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