Law Department

Various City Departments can issue a Notice of Civil Offense or a Civil Citation.  For example, the Department of Buildings & Inspections, the Health Department, the Police Department, or the Fire Department.  These matters are handled pursuant to Ohio Administrative Law and the Cincinnati Municipal Code.

The accused person or entity has two options.  They can pay the civil fine.  Or they can request an administrative hearing to dispute the allegation or request a reduction in the civil fine.  These hearings usually occur via Zoom conference, telephone conference, or in-person at 805 Central Avenue, Suite 110, Cincinnati, Ohio, 45202.

Notably, a civil offense or civil citation is different from a criminal offense.  There is no possibility of jail or community control.  These offenses would not appear on any criminal records.

Most of the City of Cincinnati's code enforcement is complaint driven.  Complaints can be initiated with different City Departments, via a Citizen Service Request, or by calling 513-591-6000.

For example, the Department of Buildings & Inspections, Private Lot Abatement Program, has several inspectors who patrol the City of Cincinnati for litter, tall grass, and weeds.  Separately, the Health Department has several inspectors who respond to complaints of unclean or unsanitary living conditions.  Other Departments handle chronic nuisance, fire safety, and animal welfare matters.

The specific reason for the violation is usually listed on the face of civil citation.  Most matters beginning with PSC-, B-,  BC- or BF- can be queried on the CAGIS public portal.  In addition, the inspectors usually post timestamped pictures of the PSC- violations on CAGIS under "Documents."   You can look up the inspector's notes and pictures by address or complaint number (omitting the "-01" or "-02" at the end of any PSC- number).

It is highly recommended that you discuss the basis of any civil offense or civil citation with the issuing inspector before requesting an administrative hearing.  Often times, a matter can be resolved through constructive communication.  In the alternative, a person receiving a civil offense or civil citation may request an administrative hearing to fully contest the matter.

Administrative hearings are conducted in accordance with Ohio Administrative Law and the Cincinnati Municipal Code.

The Office of Administrative Hearings will schedule an administrative hearing via telephone conference, Zoom, or in-person at 805 Central Avenue, Suite 110.  The inspector will present testimony and evidence of an alleged violation.  The person requesting the hearing can respond, ask questions, or present evidence.  Thereafter, the attorney hearing examiner will issue a written decision.

The attorney hearing examiners must decide if the inspector has demonstrated every element of the alleged offense by a preponderance.  This standard of proof means it is "more likely than not" that the violation occurred.  They can (1) find a violation and impose the mandatory civil fine, (2) grant a cure credit and impose a reduced civil fine, or (3) dismiss the violation and impose no civil fine.

Notably, the attorney hearing examiners cannot consider or rule on any constitutional arguments or waive a correctly issued civil fine because of indigency. 

Eligibility for a "cure credit"--or a reduction in the civil fine--is determined pursuant to CMC Chapter 1500.  For most cases, you can refer to the face of the civil citation to see if it's marked as "reducible."  If so, the matter is likely eligible for a reduction of the civil fine once the underlying violation is corrected or abated.

For tall grass civil citations issued under CMC Sec. 731-3:  Occupied properties may be eligible for a 100% cure credit if there's no prior violation.  In the alternative, properties may be eligible for a 50% cure credit unless there's a prior violation within one year.  In this context, properties are not typically eligible for a cure credit if there's a prior violation within one year.

For most other civil offenses and civil citations:  Properties may be eligible for a 50% cure credit unless there's a prior violation within one year.  Again, properties are not typically eligible for a cure credit if there's a prior violation within one year.

Some civil offenses and civil citations are NOT legally eligible for a cure credit under any circumstance.  This includes violations of CMC Sec. 729-7, CMC Sec. 729-15, CMC Sec. 729-71, CMC Sec. 609-3 and most Police issued civil citations.

Failure to pay a civil fine may result in the imposition of default or delinquency fees pursuant to Cincinnati Municipal Code Section 1501-21.  In addition, any unpaid balance may be referred to the Law Department's Collections Division.

Notably, a civil offense or civil citation is different from a criminal offense.  A hearing examiner cannot issue a capias warrant.  There is no possibility of jail or community control.  These offenses would not appear on any criminal records.

Final decisions of the Office of Administrative Hearings can be appealed to the Hamilton County Court of Common Pleas pursuant to Ohio Revised Code Section 2505.03 and Cincinnati Municipal Code Section 1501-25.  The Court may decline to review an OAH decision if the appeal is untimely.

These appeals are filed at the Common Pleas Civil Desk in the Hamilton County Courthouse, Room 315, 1000 Main Street, Cincinnati, Ohio 45202.  Please serve notice of your appeal to the Office of Administrative Hearings, 805 Central Avenue, Suite 110, Cincinnati, OH 45202.

The Hamilton County Court of Common Pleas Clerk may require an additional fee to file an appeal.