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Please read the following information pertaining to Health Complaints. If you feel you have a valid health complaint after reading this information you may use the link at the bottom of this page to file a complaint online.
The Clermont County General Health District needs citizen participation to assist in the prevention and elimination of hazards to the public health. Both the Health District and citizens have a responsibility in this effort to maintain a healthy environment. The nuisance complaint process can be a vital part of this effort when it is used appropriately.
A concerned citizen should take the following two steps prior to filing a formal complaint with the Health District:
1. Ask yourself if the nuisance condition is health related. Our enforcement ability is limited to conditions which threaten public health. A condition may certainly be a nuisance to you, but it may not be a Public Health Nuisance. See Public Health Nuisance Regulations to see if the condition is covered under the regulation.
2. Address your concerns to the offending party, and try to work out a solution directly. If you attempt to resolve the problem in this way, but are unsuccessful, then it may be appropriate to file a complaint.
A written complaint must usually be filed before a complaint can be investigated. Citizen complaints are generally not accepted over the phone. The only exceptions are emergency situations in which there is a total loss of heat in a rental unit during freezing conditions, and the occupants are endangered as a result, or if there is a significant fuel or chemical spill. If a fuel or chemical spill occurs, call 911 immediately.
A citizen complaint may be filed using a complaint form provided by the Health District. The complaint form can be mailed to the complainant if requested, or the complainant may fill out the form at the Health District office on Bauer Road. A complaint may also be filed on line at this website.
The complaint form should be filled out in full with directions to the property, details on the nuisance condition, and other necessary information as specified on the form. The complaint must be signed, and an address and daytime phone number provided. It is important that the inspecting sanitarian be able to contact the complainant if more information is needed. Signed complaints will be given priority. Anonymous complaints will be investigated when time is available.
After a complaint is received it is logged, and then placed with other complaints which need to be investigated. Complaints are generally investigated in the order in which they are received. Turn around time is usually a week to ten days, but may be less, depending on the number of complaints received. Heating complaints will be given immediate attention, if it is an emergency.
Once a nuisance complaint is filed with our office, it becomes a public record. Anyone may obtain a copy of a complaint file upon completion of a Freedom of Information Act form. There is a copy fee of ten cents for each page of copy requested.
Types of Complaints
The Health District investigates the following types of complaints:
Investigation of Complaints
A complaint investigation is performed by a registered sanitarian (health inspector), or a sanitarian-in-training, and is usually begun with an inspection of the property. Unannounced inspections are preferred whenever possible so that representative conditions can be observed. The complainant�s presence will usually be necessary during the investigation of a housing complaint, and for these types of complaints an inspection may need to be scheduled so that the sanitarian can gain access to the home. Representatives of the Health District have the statutory authority under State law to inspect property during a complaint investigation, even if the property is posted.
The sanitarian will attempt to determine if the complaint is valid, or invalid during the initial inspection. Such a determination will be based mainly on observations at the site. Hearsay is not evidence, but the sanitarian will consider information provided by the complainant, and other parties. In some cases additional inspections may be required before the sanitarian can determine if a complaint is valid, or invalid. No air monitoring or sampling of any kind is performed as part of the investigation, except sometimes in the case of a drainage complaint.
Once the sanitarian has gathered sufficient evidence, and a determination has been made regarding the validity of the complaint, the sanitarian will inform the complainant of the findings as soon as possible, unless the complaint is anonymous, or no telephone number has been provided.
A complaint will be marked "invalid" if no public health nuisance condition exists, and no violations of the county health nuisance regulation or of State laws have been found. If a complaint has been found to be invalid, then it will be closed, and filed. The Health District can take no action if there is no public health nuisance, or if there is no violation of Public Health Nuisance Regulation 2-93, or of State law.
A complaint will be marked "valid" if a public health nuisance condition exists, or a violation of Public Health Nuisance Regulation 2-93, or of State law is found to be occurring. If a complaint has been found to be valid, then the sanitarian will determine the appropriate course of action required to abate the public health nuisance.
Correction of Violations
If a complaint has been found to be valid, then a "Notice of Violation" may be sent to the manager or property owner, if the sanitarian decides it is appropriate to do so. If sent, a "Notice of Violation" will require corrective action and abatement of the health nuisance within a specified time limit. The time limit varies depending on the type of health nuisance found. The recipient of the Notice will be given a reasonable amount of time in which to correct the nuisance. Ten days is usually allowed to correct a garbage violation, two weeks for high grass and weeds, and thirty days for most other violations. Time extensions of the deadline may be granted at the sanitarian�s discretion if the circumstances warrant an extension.
If a Notice has been sent, then a reinspection of the property will be performed after the deadline has expired in order to assess compliance. A reinspection may be performed before the deadline has expired if the property owner or manager feels that the violation has been corrected. If the nuisance condition has been abated, then the complaint will be closed, and filed.
If the nuisance condition has not been abated by the deadline, and the property owner has been uncooperative, then the complaint may be referred to the Board of Health. The Board meets on the second Wednesday of every month. The Board will review the case file, and declare that a public health nuisance exists at the property. A letter will be sent from the Board to the property owner ordering correction of the nuisance by a given time limit, usually within thirty days.
Another reinspection of the property will be performed after the deadline given by the Board has expired. If the nuisance condition has not been abated by the deadline given by the Board, and the property owner has still been uncooperative, then the complaint may be referred to the Clermont County Prosecuting Attorney. The Prosecuting Attorney will then send a letter to the property owner informing the owner that legal action may be taken if the nuisance is not abated by a specified time limit, usually within thirty days.
If a complaint has been referred to the Prosecuting Attorney, and a subsequent reinspection reveals that the nuisance has still not been abated within the time limit given by the Attorney, then the sanitarian will ask the Prosecuting Attorney to begin legal proceedings against the property owner. The property owner will then be prosecuted in court to the fullest extent possible.
If a nuisance condition exists at a rental property, and the landlord has not corrected the nuisance after the deadline given by the Board of Health has expired, then the complaint may not be referred to the Prosecuting Attorney. Instead, the tenant may be required to vacate the property, and the landlord will not be allowed to rent the dwelling again until the nuisance has been abated. The Health District may begin proceedings to have electrical and water service to the property terminated, and the property may be posted.
The Health District does not itself correct health nuisance violations. It is the responsibility of the property owner to correct any conditions which might be creating a public health nuisance, or has the potential to create a public health nuisance.
File a complaint online
Download complaint form
View Public Health Nuisance Regulations