Environmental Court Resources and Handouts

How do I report a case of animal abuse?
Complaints regarding cruelty toward or neglect of a domesticated animal can be referred to the Capital Area Humane Society by calling (614) 777-7387 or visiting their offices at 3015 Scioto-Darby Executive Ct., Hilliard, OH, 43026.

How do I report a loose dog in my neighborhood?
Complaints regarding loose or menacing dogs should be referred to Franklin County Animal Care and Control by calling (614) 525-3647. Confiscated animals can be redeemed at the Franklin County Dog Shelter, located at 4340 Tamarack Blvd, Columbus, OH, 43229.

I was cited by the Dog Warden after I picked up my friend/relative's dog at the Dog Shelter. Can I be prosecuted even if I do not own the dog?​
Yes. The owner and anyone acting as caretaker may face criminal charges under the law. Many times, when an individual retrieves a dog from the Dog Shelter, a waiver is signed accepting responsibility for that dog and its care.

Do I need an Attorney? What if I can not afford one?​
As a defendant in a criminal case, you have the right to be represented by an attorney and the right to a reasonable postponement of your case to allow you to obtain one. If you cannot afford an attorney, you must let the Judge know at the beginning of your hearing and you will be provided information on screening with the Franklin County Public Defender's Office. While you have the right to be represented by an attorney, you are not required to have one. Many defendants appear "pro se", or without an attorney. You may wish to consult with an attorney before your hearing to decide whether you would like an attorney to appear with you in court.

I received a summons and complaint for a Housing Code violation. Is this a criminal case?
Yes. Complaints filed by the City of Columbus and the other communities within Franklin County for alleged violations of Health, Housing, Building, Fire, or Safety Codes are criminal misdemeanor cases.

Can I be sentenced to jail in a code violation case?
Yes. The maximum penalty for a first degree misdemeanor in Columbus is a $1,000 fine and 180 days in jail. Each day a property is found to be in non-compliance with the City Code represents a separate offense for which the defendant may receive the maximum penalty. In addition, the sentence for a first-degree misdemeanor may include Court-supervised probation or a specified number of community service hours to perform.

Do I need an Attorney? What if I can not afford one?​
As a defendant in a criminal case, you have the right to be represented by an attorney and the right to a reasonable postponement of your case to allow you to obtain one. If you cannot afford an attorney, you must let the Judge know at the beginning of your hearing and you will be provided information on screening with the Franklin County Public Defender's Office. While you have the right to be represented by an attorney, you are not required to have one. Many defendants appear "pro se", or without an attorney. You may wish to consult with an attorney before your hearing to decide whether you would like an attorney to appear with you in court.

What factors does the Judge consider when sentencing a defendant for code violations?
The Judge considers a number of factors including the nature and severity of the violations, the length of time the violations have existed, the attempts made by the defendant to remedy the violations, the cost of repairs, and whether the repairs have been completed. The Judge may also consider whether the premises are owner-occupied or a rental property, the defendant’s income, the number of rental units occupied, and the rent being collected. The Judge will consider the recommendation of the City prosecutor regarding the sentence and may consider input from other interested parties, including neighbors. The ultimate sentence, however, is determined by the Judge.

My wife and I own the property together and the City has cited both of us. Can the City prosecute both of us for the same violations?​
Yes. The City may file criminal charges against one, some, or all of the owners of real property. Many times, however, if one spouse comes to court and pleads guilty or no contest, the City may dismiss the case against the other spouse. If you are interested in taking responsibility for the premises and asking that the case against your spouse be dismissed, discuss this with the City prosecutor when your case is called.

I do not own the property for which I was cited; I take care of it for my parents. Can I still be cited for the violations?​
Yes. In code violation cases, the City may choose to cite and bring criminal charges against the owner, the owner’s agent, and/or other persons in control of the premises.

I have sold the property for which I was cited. Does this resolve the case?​
No. The issue before the Court is whether you were in control of the property as of the date alleged in the complaint. Selling or transferring the property does not absolve you of criminal liability. However, if you sold the property before you were cited, bring a certified copy of the deed showing the transfer date with you to Court.

I have made all of the requested repairs, yet I received a court date in the mail. Do I still need to come to court?
YES. DO NOT IGNORE YOUR COURT DATE. IF YOU FAIL TO COME TO COURT, A WARRANT MAY BE ISSUED FOR YOUR ARREST. The legal issue before the Court is whether the violations alleged existed as of the cited date. The Judge may consider repairs completed after the compliance and/or citation date when deciding upon a sentence; however, repairs done after the compliance and/or citation date may not constitute a defense to the charge. If you do not come to court and have made repairs, the information may not reach the City inspector, City prosecutor, and, most importantly, the Judge. If you have made the requested repairs, bring photographs showing the work with you to court.

Will a housing code case be on my “permanent record?” Can it be removed?
The code violations prosecuted in the Environmental Court are criminal violations. A finding of guilty will appear on your record as a criminal conviction. You may be entitled to have the record of your conviction sealed if it is at least one year after your conviction (or the end of your probation, whichever is later), if you have no prior or subsequent criminal convictions, and you have no criminal proceedings pending against you. If you meet the requirements, you may file for an expungement through the Franklin County Municipal Court Clerk of Court to have your record sealed. The Court will review the motion and consider any objections by the City prosecutor. If the Court is satisfied that all requirements are met and that sealing the record would be in the interest of justice, the Court will order the record sealed. However, if you are later convicted of a similar offense, the sealed record may be considered by the Court in that subsequent case. Sealed records generally remain accessible by law enforcement officials. However, the sealing of your record would allow you to truthfully state in an application for employment that you do not have any criminal convictions on your record, unless conviction bears a direct and substantial relationship to the position for which you are being considered.

I am an elderly homeowner doing my best to maintain my property. Despite my efforts, I have been cited for code violations. Can the Environmental Court help me?​
The Court employs Environmental Specialists to assist the public with information about Ohio law and the codified ordinances of those communities within Franklin County. The Judge may assign an Environmental Specialist to assist a criminal defendant in locating sources of financing or grants to complete needed home repairs. Specialists assist the Court by monitoring and reporting progress of work. If you are interested in having an Environmental Specialist assigned to your criminal case, ask the Judge during the hearing.