The City is not exploring adding single-family dwellings to the year-old chronic nuisance ordinance.

In a report to City Council dated November 20, City Manager Milton Dohoney that Chapter 761 of the Cincinnati Municipal Code, which became active in January, needs a longer evaluation period before revisions to the law are made.

Councilmember Jeff Berding had introduced a motion to amend the ordinance to include single-family dwellings on September 4.

The chronic nuisance ordinance allows the City to bill owners of multi-family properties that receive excessive police calls for service, which is defined as three or more calls per month or more than twelve in a year. After being notified by the City, property owners must submit to the police a plan on how they'll solve the problem within 30 days. Violation of the law is a fourth-degree misdemeanor, with additional offenses becoming third- and second-degree misdemeanors.

The Cincinnati Police Department notes that, as a whole, multi-family dwellings have five times more police calls for service than single-family dwellings. They typically also have absentee landlords who are difficult for the police to find, whereas single-family properties are more often owner-occupied.

Dohoney also advised against adding single-family dwellings because the law is currently being challenged in the Hamilton County Common Pleas Court.

The Greater Cincinnati Northern Kentucky Apartment Association and the Real Estate Investors Association of Cincinnati have joined to sue the City, claiming that the law passes the responsibilities of both the police and criminals off to third-party landlords.

The plaintiffs have several problems with the ordinance:

* It only affects rental property owners, making it discriminatory
* The definition of "nuisance" is too broad
* There is no citizen oversight

Berding believes the law will be upheld, saying that it was written by the City's Law Department and is based on a similar ordinance in Milwaukee.

On November 14, the City made its latest motion to ask the judge to dismiss the case. The plaintiffs are currently amending their complaint.

It is unclear whether Berding's motion was an attempt to end the lawsuit.

To date, the Cincinnati Police Department has sent out a few warning letters, but no property owner has been charged or fined.