Motion for July 12 Meeting
Policy Board
Hamilton County Solid Waste Management District

Offered by Public Member O'Reilly

WHEREAS, Environmental cleanup of litter and waste dumping is an issue of great significance to the people served by the District, and

WHEREAS, solid waste remediation is within the scope of the District's statutory functions, and

WHEREAS, Enforcement priorities for dealing with litter are necessarily secondary to criminal enforcement priorities of the existing Municipal Court for Hamilton County and the several Mayor's Courts with jurisdiction for waste-related violations and misdemeanors, and

WHEREAS, A court with dedicated jurisdiction could enhance the remediation of local solid waste and litter issues through more rapid handling of enforcement cases and alternative sentencing for offenders, and

WHEREAS, Franklin County has had an environmental division of Municipal Court in operation since 1992, and

WHEREAS, Creation of an environmental division of Municipal Court would require legislative adoption of an amendment to Ohio Revised Code 1901.011 to add "Hamilton County" to the existing authority for "Franklin County",

 Therefore be it RESOLVED,

That the Policy Committee requests that the Hamilton County Commissioners, in consultation with the Presiding Judge of Municipal Court and the Prosecutor, propose to the General Assembly the appropriate legislation for the creation of an Environmental Division of Hamilton County Municipal Court.

2 ATTACHMENTS:

 1. FRANKLIN COUNTY

2. KEEP AMERICA BEAUTIFUL INC.

FRANKLIN COUNTY MUNICIPAL COURT ENVIRONMENTAL DIV. WEBSITE http://www.fcmcclerk.com/Environmetal_Division_Info/Environmental_Jurisdictoin/environmental_jurisdictoin.html

The Environmental Division’s jurisdiction is substantially different from the jurisdiction of the General Division.  For example, the Environmental Division has no monetary limitation and it possesses   injunctive powers. The following sections of the Ohio Revised Code (or parts thereof) highlight the  Environmental Division’s distinct jurisdiction:

1901.131     Whenever an action or proceeding is properly brought in the housing or environmental division of a municipal court, the division has jurisdiction to determine, preserve, and enforce all rights involved in the action or proceeding, to hear and determine all legal and equitable remedies necessary or proper for a complete determination of the rights of the parties, including, but not limited to, the granting of temporary restraining orders and temporary and  permanent injunctions, to render personal judgment irrespective of amount in favor of any party,  and to render any judgments and make any findings and orders in the same manner and to the  same extent that the court of common pleas can render a judgment or make a finding or order in a similar action or proceeding. 

1901.17     A municipal court shall have original jurisdiction only in those cases in which the amount claimed by any party, or the appraised value of the personal property sought to be recovered, does not exceed fifteen thousand dollars, except that this limit does not apply to the  housing division or environmental division of a municipal court. 

 1901.181     (A)...the division has exclusive jurisdiction within the territory of the court in any civil action to enforce any local building, housing, air pollution, sanitation, health, fire, zoning, or  safety code, ordinance, or regulation applicable to premises used or intended for use as a place of human habitation, buildings, structures, or any other real property subject to any such code, ordinance, or regulation, and ... has exclusive jurisdiction within the territory of the court in any criminal action for a violation of any local building, housing, air pollution, sanitation, health, fire zoning, or safety code, ordinance, or regulation applicable to premises used or intended for use as a place of human habitation, buildings, structures, or any other real property subject to any  such code, ordinance, or regulation. ... 

 1901.183     In addition to jurisdiction otherwise granted in this chapter, the environmental division of a municipal court shall have jurisdiction within its territory to all of the following actions  or proceedings and to perform all of the following functions: 

(A)  Notwithstanding any monetary limitations in section 1901.17 of the Revised Code, in all actions and proceedings for the sale of real or personal property under lien of a judgment of the environmental division of the municipal court, or a lien for machinery, material, fuel furnished, or labor performed, irrespective of amount, and, in those cases, the environmental division may proceed to foreclose and marshal all liens and all vested or contingent rights, to appoint a receiver, and to render personal judgment irrespective of amount in favor of any party;

(B)  When in aid of execution of a judgment of the environmental division of the municipal court, in all actions for the foreclosure of a mortgage on real property given to secure the payment of money, or the enforcement of a specific lien for money or other encumbrance or charge on real property, when the real property is situated within the territory, and, in those cases, the environmental division of the municipal court may proceed to foreclose all liens and all vested and contingent rights and proceed to render judgments, and make findings and orders, between the parties, in the same manner and to the same extent as in similar cases in the court of common pleas; 

(C)  When in aid of execution of a judgment of the environmental division of the municipal court, in all actions for the recovery of real property situated within the territory to the same extent as courts of common pleas have jurisdiction; 

(D)  In all actions for injunction to prevent or terminate violation of the ordinances and regulation of any municipal corporation within its territory enacted or promulgated under the police power of that municipal corporation pursuant to Section 3 of Article XVIII, Ohio Constitution, over which the court of common pleas has or may have jurisdiction, and, make findings and orders, in the same manner and to the same extent as in similar cases in the court of common pleas; 

(E)  In all actions for injunction to prevent or terminate violations of the resolutions and regulations of any political subdivision within its territory enacted or promulgated under the power of that political subdivision pursuant to Article X of the Ohio Constitution, over which the court of common pleas has or may have jurisdiction, and, in those cases, the environmental division of the municipal court may proceed to render judgments, and make findings and orders, in the same manner and to the same extent as in similar cases in the court of common pleas; 

  (F)  In any civil action to enforce any provision of Chapter 3704., 3714., 3734., 3737., 3767., or 6111. of the Revised Code over which the court of common pleas has or may have jurisdiction, and, in those actions, the environmental division of the municipal court may proceed to render judgments, and make findings and orders, in the same manner and to the same extent as in similar actions in the court of common pleas; 

(G)  In all actions and proceedings in the nature of creditors’ bills, and in aid of execution to subject the interests of a judgment debtor in real or personal property to the payment of a judgment of the division, and, in those actions and proceedings, the environmental division may proceed to marshal and foreclose all liens on the property irrespective of the amount of the lien, and all vested or contingent rights in the property; 

(H)  Concurrent jurisdiction with the court of common pleas of all criminal actions or proceedings related to the pollution of the air, ground, or water within the territory of the environmental division of the municipal court, for which a sentence of death cannot be imposed under Chapter 2903. of the Revised Code; 

  (I)  In any review or appeal of any final order of any administrative officer, agency, board, department, tribunal, commission, or other instrumentality that relates to a local building, housing, air pollution, sanitation, health, fire, zoning, or safety code, ordinance, or regulation, in the same manner and to the same extent as in similar appeals in the court of common pleas.

A NATIONAL PERSPECTIVE FROM KEEP AMERICA BEAUTIFUL, INC.

From the www.kab.org website

Keep America Beautiful's (KAB) role in the area of environmental courts is a direct result of our community affiliates' long-standing involvement in local  efforts to reduce litter and improve community waste handling practices. For many affiliates, the efforts have included the review and/or revision of litter and solid waste ordinances in cooperation with their local governments.

  In 1978, the nation's first environmental court was established in Indianapolis, Indiana. An ordinance review by the Indianapolis Clean City Committee provided the catalyst for its formation. After discovering city inspectors reported a daily average of 45 violations in the city's waste management and environmental codes, the committee recognized the need for a special court to hear environmental cases.

  Armed with the facts, the Indianapolis affiliate proposed the concept of the new court to Mayor William Hudnut, who, in turn, urged the establishment of an environmental court. On July 1, 1978, the court was formally organized with the Honorable David Jester appointed as the court's first judge. His main focus was to change peoples' attitudes and behaviors. His sanctions included standardized “probation” requiring the defendant to work with the inspectors to correct the situation, and fines imposed for uncorrected violations. Judge Jester also made certain that the penalty reflected the offense and the offender. Today 25 communities have environmental courts. Their dockets are reserved exclusively for violations of local health, safety, housing, building, fire, solid waste and litter ordinances. As more environmental cases are prosecuted, greater compliance with local laws is realized, resulting in a safer and cleaner community.

 Many of these courts are patterned after the Memphis/Shelby County (TN) Division 14 Environmental Court. This model court was organized in 1983 by city officials and the Memphis City Beautiful Commission, the city's local KAB affiliate. Similar courts have since been adopted in the state's three other major  metropolitan areas, Nashville, Chattanooga, and Knoxville, also with help from their local KAB affiliates, court officials, and the state's Clean Tennessee program.

 The Honorable Larry Potter, the presiding judge of the Memphis/Shelby County Division 14 Environmental Court recommended that Keep America Beautiful, Inc. identify and bring together environmental court judges to establish a resource group to further the environmental court concept. Keep  America Beautiful, Inc. has identified over 35 environmental court judges in 25 communities who can assist you and your community in establishing an environmental court. Many of these judges can serve as mentors or speakers to provide assistance and guidance to your new environmental court judge(s).  Keep America Beautiful's initiative to create a national resource on environmental courts for all communities is motivated by the benefits and  environmental safeguards that these courts are now providing to American communities.