The Village of
RUTLANDOHIO
Tyler M. Eblin, Mayor
Telephone: (740) 742 2121
Fax: (740) 742 0303
Enforcement Process
The Department of Code Enforcement is tasked with the enforcement of the provisions of the Rutland Municipal Code regulating junk motor vehicles, litter, noxious vegetation and general public nuisances. The enforcement process utilized by the Department of Code Enforcement for initial offenders begins with a Notice of Violation. It is important to review any notices received by the Department of Code Enforcement and ensure proper compliance with those notices is maintained.
If a property is observed to have one or more violations, the Department of Code Enforcement will issue a Notice of Violation (NOV), which will provide the property address, owner of record or current resident, a description of the violation and the period allotted for correction. An NOV is not a criminal complaint, and is not an assessment of a fine. For habitual offenders, the Department of Code Enforcement may also file a criminal complaint as the initial enforcement action.
(Rutland Municipal Code 93.41, 95.06, 152.278, 152.279, 152.282)
After an NOV has been issued, the Department of Code Enforcement will re-inspect the property to ensure any violation noted on the NOV has been corrected. If a violation has not been corrected, the Department may issue an extension period, or may opt to file a criminal complaint. If the violation has been corrected, the case is closed and no further action is taken.
If one or more of the violations specified on the NOV are not corrected within the allotted correction period, the Department of Code Enforcement may file a criminal complaint with the Rutland Mayor's Court.
A criminal complaint is a formal accusation against the owner of record and/or current resident stating, under oath, the owner of record and/or current resident is unlawfully continuing to permit the violation(s) specified upon the NOV.
After a criminal complaint has been filed, the Clerk of Court will schedule a hearing date and time. Once this hearing date and time has been scheduled, the Clerk of Court will issue a summons. This summons will be served personally by the Code Enforcement Officer, or by certified United States mail.
During the hearing, the owner of record and/or current resident will appear before the Mayor, or the Magistrate, and be informed of the charges against them, and enter an initial plea of guilty, not guilty, or no contest.
The Mayor, or Magistrate, may suspend the arraignment, and alternatively issue a court order to correct the violation within an allotted period of time. If the owner of record and/or current resident corrects the violation as ordered by the Court, the criminal complaint will be dismissed.
If the owner of record and/or current resident pleads guilty or no contest to the charges against them, the Court will convict them of such charges and may impose a fine. The Court will also issue a court order to correct the violation within an allotted period of time and may schedule review hearings to determine if the violation is being corrected.
If the owner of record and/or current resident pleads not guilty and contests the violations described upon the NOV and the criminal complaint, a bench trial will be scheduled. A bench trial is a trial before the Mayor, or the Magistrate, who presides over the trial, receives and hears the evidence, and renders a verdict of guilty, or not guilty.
If the owner of record and/or current resident is found guilty, the court may impose a fine. The Court will also issue a court order to correct the violation within an allotted period of time and may schedule review hearings to determine if the violation is being corrected.
If the owner of record and/or current resident refuses or fails to correct the violations described on the NOV, the Mayor may issue an executive order directing the abatement of the violation(s). If such order is issued, the owner of record and/or current resident would be notified in writing, and the Department of Public Service would enter upon the property and abate, or correct, the violations.
All costs associated with abatement are billed to the owner of record, who is granted 30 days from the date of invoice to remit payment in full. If the owner of record refuses or fails to remit payment of all abatement costs in full, the Village Solicitor will file a lien on the tax duplicate of the property, which will be assessed to the owner of record in their tax statements. Failure to remit payment of the lein will result in foreclosure of the property.
Fees assessed for abatement of violations are as follows:
$25.00 per labor hour
$150.00 per piece of machinary or item of equipment utilized
Additionally, any and all contractual service fees will be assessed.