Shared Goal

Akron residents have greater access to safe, well-maintained, and affordable housing.

Outcome

Safe & Quality Housing

The Problem

Akron has rules meant to ensure homes are safe and in good condition. When problems like mold, broken plumbing, or unsafe wiring are reported, city inspectors investigate and may issue an order requiring repairs.

These orders usually give the property owner time to fix the problem. This time period is sometimes called a cure period. It’s a set deadline for correcting a violation.

If the problem is not fixed by the deadline, there may be reinspections or administration fees. Eventually, there may be a legal case, charging the property owner with a crime.

This means there's a gap between the initial order and serious enforcement actions. For example, if an inspector finds mold or unsafe wiring and the owner does not fix the problem after the repair deadline, the city could decide whether to start a legal case.

One idea for closing the gap is to add an intermediate enforcement step when a property owner does not correct a violation.

This proposal focuses on using a civil housing citation for that step.

The Community Proposal

This proposal would add a new enforcement tool for housing code violations. If certain violations are not fixed after the property owner is given notice and time to make repairs, the city could issue a civil housing citation.

A civil housing citation is similar to a ticket. It is a financial penalty issued for failing to correct a housing code violation.

Administrative fees help cover the cost of inspections or programs. Civil citations are penalties for failing to fix violations. Criminal enforcement is the most serious step and happens through the court system.

For example, an inspector might find that a rental property has unsafe wiring or lacks heat during winter. If the landlord does not fix the issue within the required time, the city could issue a civil citation rather than immediately pursuing criminal charges.

Here’s how the process could work:

First, a city housing inspector would investigate a complaint and document any safety violations. If a problem is found, the inspector would issue the owner a written order requiring repairs by a certain date.

After that date, if the property owner hasn’t corrected the issue, the city can reinspect and charge administration fees. Before filing a legal case and charging the property owner with a crime, the city would have another option: issuing the owner a civil citation.

The property owner could then either pay the fine or request a civil administrative hearing to challenge the citation or ask for an adjustment.

If violations continue or become more serious, the owner could still face stronger enforcement actions, including higher penalties or criminal prosecution.

This proposal would not replace the city’s existing enforcement tools. Orders to repair, administrative fees, and criminal enforcement would still exist.

Instead, civil citations would add a step between initial repair orders and more serious legal action.

Possible Approaches

If Akron adopted civil housing citations, local officials would decide how the system operates. Possible approaches could include:

Defining which violations qualify for citations
The city could limit civil citations to certain health and safety violations, such as unsafe electrical systems, lack of heat, or serious structural problems.

Setting clear cure periods
Property owners could be given a defined amount of time to fix violations before a citation is issued, with different timelines depending on the severity of the issue.

Administrative hearings for contested citations
After receiving a citation, property owners could request a civil hearing where a hearing officer reviews the evidence and decides whether the citation should stand.

Escalation for repeat violations
Cases involving repeated violations or serious safety hazards could still escalate to stronger enforcement actions.

The specific approaches would be determined later if the proposal moves forward.

Benefits & Tradeoffs

Every proposal involves possible benefits and tradeoffs. The points below highlight several that Delegates may want to consider.

Possible Benefits

A clearer path for enforcing housing safety rules
Civil citations could give the city an additional step between warning notices and criminal prosecution, creating a more gradual escalation process.

Faster response to unresolved housing problems
Because citations can be issued through a civil process, they may allow the city to respond more quickly when violations are not corrected.

More consistent enforcement outcomes
If the city uses standard fine schedules and procedures, similar violations may be handled more consistently across different cases.

Possible Tradeoffs

Repairs could be delayed even longer
Property owners who have no plans to make repairs could ignore civil citations, and repairs could go unaddressed even longer. Alternatively, a landlord who ignores multiple orders to fix a broken furnace may simply pay the fine and still not make the repairs.

Administrative workload for the city
The city would need clear rules for when to issue a civil citation versus a criminal charge. Setting rules that aren't too rigid and aren't too flexible takes time, legal resources, and ongoing oversight. 

Implementation challenges
A civil citation system means building something new… new regulations, procedures, enforcement mechanisms, and staff. Full implementation could take a long time. 

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