By Marie McCain
The Cincinnati Enquirer

The vacant lot near the intersection of Harrison and Fairmount avenues is a sore spot for Mary Kuhl and Melva Gweyn.

"When people see lots like this it makes them nuts," said Ms. Kuhl, of the overgrown, debris-strewn patch of land in South Fairmount that borders 300 feet of Harrison Avenue. "It's the blight and the deterioration of the older neighborhoods that's so frustrating.... Something has got to happen."

The women, long-time Westwood residents, have reported various neglected and blighted properties - including the Harrison Avenue one - to authorities in hopes of seeing them cleaned up. Despite multiple citations by Cincinnati building inspectors, little has changed.

Now, the pair are pinning their hopes on an initiative scheduled to begin in January that will send the most egregious cases of property neglect in Hamilton County to a judge.

BY THE NUMBERS

Housing, building and health code violation cases for both the city of Cincinnati and Hamilton County suburbs since Jan. 1, 1998, total 2,035. Here is a breakdown: CITY CODES • Rat control 1 • Waste disposal 17 • Junk facility 8 • Building/housing code 39 • Fire code 9 • Total 74 STATE CODES • Zoning 33 • County building code 35 • Township code 1,652 • Township zoning 42 • Health code 18 • Board of Health 135 • Nuisances 46 • Total 1,961   Source: Hamilton County Clerk of Courts

The hope: A threat of jail time will succeed where fines and civil citations have failed.

Since 1998, thousands of Hamilton County property owners have been cited for violating municipal housing, building and health-related codes. Some have cleaned up, but many have not.

Last month, at the suggestion of Cincinnati leaders, Hamilton County Municipal judges approved a new housing docket - a schedule of defendants accused of violating housing and property codes.

City Councilman Paul Booth first proposed the initiative about a year ago. But it languished because it called for the creation of a new court requiring a new judge, bailiff and other new court personnel devoted specifically to housing problems.

The estimated cost: $300,000, which county commissioners didn't want to spend. That proposal also would have required approval by the state legislature and the Ohio Supreme Court.

The version eventually approved is modeled after a similar program in Dayton that uses existing resources.

One judge. One prosecutor. One courtroom. One day a week. And with no extra money from the county, officials hope expenses will be minimal.

"The city will have to pay if there is any jail time. So, if there was an offender who was thrown into jail, (the cost would be) about $60 a night, depending on how long they'd have to stay," said Cincinnati council member Chris Monzel, who crafted the final housing docket plan.

THE PROCESS

When the new Hamilton County Municipal Court housing docket begins in January, it becomes the last and most serious step in a process created to bring property owners into compliance with municipal codes for such issues as waste disposal, fire safety and pest control. Here is the process: • A building inspector, on his own or at the request of a citizen, issues a property owner a citation. • Property owner receives a Notice of Civil Offense which includes a fine of up to $200. Owner has between 30 and 90 days to fix problem. • If fine is not paid and no repairs are made, owner is cited again. Fine increases to about $500. Deadline decreases. • If no action still, the case is appealed to a city or municipal civil hearing officer for resolution. • If still no response from owner and problem persists, criminal charges are levied and case can be sent to municipal court.   Source: City of Cincinnati Department of Buildings and Inspections

After its first year in operation, officials will review results to determine effectiveness.

No matter how long it lasts, William Langevin is grateful.

The director of the city's Department of Buildings and Inspections believes that besides holding a hammer over the heads of the worst landlords and property owners, the docket will boost the morale of the city's 18 building inspectors.

They are the ones who inspect the buildings, find problems and issue citations. And, up to this point their only weapons were fines of up to $500 and a civil hearing process that didn't have teeth.

"I've got great hope for this (criminal docket)," Mr. Langevin said. "The problem (has been) ... those who understand how city government works know that it's easier to play the game and pay a $500 fine as a civil assessment. That's just the cost of doing business."

During the past five years 2,035 municipal housing, building and health-related code violations have been issued.

And because more than 50 percent of those cited don't pay the fines and don't fix the violations, more cases could head to criminal court as time passes.

Nevertheless, "it's too soon to say (how many cases could be added to this docket) right now," Mr. Langevin added. "Obviously, there would be a ramp-up period ... we could foresee having enough work for a full court - someday."

Municipal Judge Guy Guckenberger, a former Cincinnati City Council member and one-time Hamilton County commissioner, volunteered to oversee the docket. He said his political experience gives him significant insight into the problem.

"The idea here is to get people into compliance," Judge Guckenberger said. "Having one judge handle the cases means one person will be familiar with them and will remember if there is a continued problem."

City leaders are already talking about what they'll do if the threat of jail time fails to make a dent in the amount of citations.

"The city is looking into a receivership program, where we would basically take over the property through its legal powers," Mr. Monzel said, adding that this measure is far from finalized.

Ultimately, Ms. Gweyn is happy these kinds of problems are being taken seriously.

"The neighborhoods are what will save our city," she said. "This gets the attention where it belongs. Once our neighborhoods are revived - and they will be revived, I'm sure of that. We have beautiful homes here in Cincinnati. The businesses will come. That's our goal. We want to live in a safe, clean neighborhood. And this aids us in reaching that goal."

E-mail: mmccain@enquirer.com