We rely on citizens to help protect Clermont County by preventing and eliminating health hazards.
Nuisance Complaint Process
Here is a simply guide to the complaint process:
1. Determine if the nuisance is health-related.
Check if the condition poses a threat to public health. While an issue may bother you, it may not qualify as a public health nuisance. Visit our Public Health Nuisance Regulations to see if it qualifies as a public health nuisance.
2. Address concerns with the responsible party.
Attempt to resolve the problem directly by discussing it with the person or entity causing the nuisance. If these efforts fail, you may proceed with filing a complaint.
3. File a complaint.
Submit it online or in writing (2275 Bauer Road, Suite 300, Batavia, OH 45103) . Phone complaints (513-732-7499) are only accepted in emergencies (i.e., total loss of heat during freezing weather). Complaints with a name receive priority. We will investigate anonymous complaints as time allows. Complaints are usually handled in the order received with a typical turnaround time of one to two weeks.
File a Complaint
Investigation
After we receive a complaint, a health inspector will visit the property. Public health officials have the legal authority to inspect the property even in a situation where “No Trespassing” signs are posted. Unannounced inspections are preferred to assess the conditions. In the case of housing complaints, we may need the person filing the complaint to be present so we can access the home.
The inspector will evaluate the complaint based on their observations and any additional information provided. Hearsay is not evidence, but the inspector will consider all relevant information. If it is determined a complaint is valid, we will share the findings with the person making the complaint (unless it’s an anonymous complaint or no contact information was provided).
If no public health nuisance or regulation violations are found, we will mark the complaint invalid and close the complaint.
If we identify a public health nuisance or violations, we will take appropriate action to address the issue. First, we will send the property owner a Notice of Violation. This notice requires the property owner to fix the problem by a deadline, depending on the type of nuisance.
Next, we will follow up after the deadline to ensure the issue has been fixed. If fixed, the case will be closed and made public.
If the problem isn’t fixed by the deadline and the property owner isn’t cooperative, we may refer the complaint to the Board of Health. The Board of Health will review all referred cases and may declare a public health nuisance. If the property owner remains uncooperative after the Board of Health declares a public health nuisance, the case may be referred to the Clermont County Prosecuting Attorney for legal action.
Types of Complaints
Most air quality complaints fall under the jurisdiction of either the Ohio Environmental Protection Agency or the Southwest Ohio Air Quality Agency, which locally is a division of Hamilton County Environmental Services.
Overall, the Ohio EPA regulates industrial emissions and the open burning of solid waste. Locally, the Southwest Ohio Air Quality Agency monitors air quality and regulates industrial air emissions for Butler, Clermont, Clinton, Hamilton, and Warren counties. Air complaints received by Clermont County Public Health are usually referred to Hamilton County Environmental Services through the Southwest Ohio Air Quality Agency.
How to File a ComplaintTo file an air pollution complaint, visit the Southwest Ohio Air Quality Agency’s Complaint Form or call (513) 946-7777 (Select Option 1 for Southwest Ohio Air Quality Agency; then select Option 1 again to report a complaint).
Open BurningOpen burning is allowed in Clermont County and Southwestern Ohio with certain restrictions. These restrictions depend on three criteria: the purpose, location, and contents of the burn. For more information, please consult the Southwest Ohio Air Quality Agency’s Open Burning Program. Please also check local ordinances by contacting your local fire department.
In lieu of open burning, Clermont County residents looking to dispose of yard waste (leaves, grass clippings, brush, tree branches, etc.) have several options. Some cities and villages within the county allow residents to place yard waste at the street for pick-up. Or residents can drop off waste to facilities throughout the county. View the list.
Clermont County Public Health does not regulate the number or types of animals kept.
We will investigate animal complaints only if the complaint is a nuisance to public health. For instance, a public health nuisance would be an excessive accumulation of animal waste that produces an abnormally offensive odor or causes stream pollution. If your complaint is related to a public health nuisance, you can file a complaint online.
For complaints about the inhumane treatment of animals or a nuisance caused by stray cats or dogs, please contact the Clermont County Animal Shelter.
For more information on dealing with nuisance wild animals (raccoons, skunks, geese, etc.), contact the Ohio Division of Wildlife at 1-800-WILDLIFE or wildinfo@dnr.ohio.gov.
Dead animals found on private property are the responsibility of the property owner. Contact the Clermont County Engineer’s Office for removal of a dead animal found on a county road or right-of-way.
Clermont County Public Health licenses more than 900 facilities that either prepare and/or sell food. This includes restaurants, mobile food trucks, convenience stores, etc.
If you have experienced unsafe food handling practices or a suspected foodborne illness, please file a complaint online or call (513) 732-7499. Food service complaints, unlike other types of complaints, may be reported by phone to allow inspectors to respond as quickly as possible.
Once the investigation is complete, the health inspector will contact you if possible to inform you of the investigation results.
The proper disposal of garbage is important to maintaining the public’s health.
- Garbage must be disposed of once a week and placed in proper waste containers.
- Garbage must not be exposed on the premises longer than reasonably necessary to be deposited in proper waste containers.
- Garbage must not be kept in a manner that creates an odor or attracts vermin.
- Garbage may not be burned or buried on any property except at a licensed solid waste facility. Other types of solid waste may be burned or buried only as authorized under the Ohio Administrative Code.
- Litter is not regulated by Clermont County Public Health, and we do not enforce local litter laws.
Scrap Tires
Scrap tires are a type of solid waste regulated by Clermont County Public Health and the Ohio EPA. Scrap tires should be emptied of water and stored so that water doesn’t accumulate in them. If more than 100 scrap tires are present, additional state regulations may apply and removal may be required.
A yard may be untidy and unsightly, yet not create a health nuisance issue. For instance, Public Health does not require the removal of brush piles, fallen trees, and other yard waste. Additionally, we do not regulate tall grass complaints. Please contact your local township if you are concerned about a property. In addition, concerns about junk cars, discarded furniture, old appliances, and other items creating aesthetic issues should be directed to your local township or city.
Illegal DumpingIf garbage or other solid waste generated off-site has been deposited on a property not authorized to accept that type of waste, illegal dumping may have occurred.
Leach & Mound Systems
Discharges of sewage from mound systems or systems with leach lines/leach bed is not allowed. These are non-discharging systems, and discharge is evidence of a failure of the system. Failing septic systems must be repaired or replaced. Overflow lines from septic systems (bleeder lines) are not allowed, and Clermont County Public Health will order their removal when found.
If a septic system or a mound system is not discharging sewage to the surface of the ground, then it is not creating a health nuisance. These types of systems treat wastewater in the soil and subsoil. The movement of treated wastewater through the soil and subsoil is not regulated by Public Health. Likewise, Public Health does not address easement issues regarding pre-existing leach lines and does not order the removal of leach lines in cases where no sewage easement has been granted.
Sand Filter & ATU Systems
Discharge from a sand filter system or an Aerobic Treatment Unit (ATU) system is allowed. The discharge should be clear, colorless, and odorless. A septic odor and/or grayish discoloration are an indication of a malfunction and a health nuisance issue. Repair or replacement will be ordered when failures are found.
An ATU will sometimes produce odors due to temperature changes, overloading, or other adverse conditions even if it is working as designed.
Discharging systems are not permitted to discharge onto neighboring properties in Clermont County without an easement, and the end of a discharge pipe should be at least 10 feet from a property line. Public Health cannot order the removal of improperly located discharge pipes associated with existing systems.
Collector Lines
All homeowners who share a collector line are responsible for maintaining the collector line. Homeowners who have a collector line crossing their property may not remove the line or create a health nuisance by blocking the flow.
Gray Water
Gray water discharge (wastewater from showers, sinks, washing machines) is not allowed, and Public Health will order their elimination when found. All gray water must be tied into an existing household septic system or into a sanitary sewer. If alterations to the household plumbing are required in order to correct gray water discharge, then a permit must be obtained from the Plumbing Department before work begins.
Septic Replacements
No one may alter or replace a household septic system without prior approval from Clermont County Public Health. Major repairs will be conducted through the Sewage Nuisance Abatement and Repair Plan (SNARP) Program. This program breaks down the replacement process into manageable phases, allowing the homeowner to make repairs as needed that will eventually build to a full replacement system.
Household sewage treatment systems that have been replaced must be properly abandoned. A septic tank must first be pumped out by a registered septic hauler. The top of the tank must be crushed, then filled to grade with an inert material such as concrete, brick, block, stone, or earth. Removal of old leach lines is not required.
Waste Disposal
No person may drain or pump the contents of a privy, cesspool, or septic tank to the ground surface, into a ditch, a public sewer, street gutter, or storm sewer. The contents of a privy, cesspool, or septic tank must be disposed of in an approved manner by a septic hauler registered in Clermont County. “Approved manner” means the waste has to be disposed of at a municipal sewage treatment plant.
Public Health has no jurisdiction over municipal treatment systems. Complaints about public sewage treatment plants should be directed to the Ohio EPA.
How to file a complaint:
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Call 1-866-559-OHIO (1-866-559-6446)
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Send an e-mail to NoSmoke@odh.ohio.gov
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File online
Unsanitary living condition may exist if one of the following conditions is met:
- Living conditions inside a home put the health of the occupants at risk.
- Conditions inside a home endanger the wellbeing of the community.
- Foul odors from a property can be detected from neighboring properties.
- Odors from an apartment unit can be detected outside the apartment.
- The home contains an excessive amount of garbage, animal or human feces, extreme filth, or an infestation of rodents or other pests.
A home may be dirty or untidy but may not be considered a health nuisance. Dirty or stained carpet, clothing on the floor, a small amount of animal feces, dirty dishes in the sink, and/or a dirty refrigerator may not necessarily create a health nuisance. Odors inside a home that cannot be detected outside the home are not a health nuisance.
If a home has unsanitary living conditions and children live there, you also should contact Children’s Protective Services.
Clermont County Public Health investigates complaints about mold, water/plumbing leaks, water supply, and heating at rental properties only. A complaint from a current occupant or a close relative of the occupant is required. Public Health will not accept a housing complaint from a former occupant due to legal and practical issues.
Once a rental unit is vacated, most nuisance conditions that were valid when the unit was occupied are considered to be abated. A dwelling with a mold problem, for instance, is not a health nuisance if no one is living in it. However, a landlord should correct problems before re-renting the unit. If problems have not been corrected, then it is up to the next tenant to file a complaint.
Likewise, dilapidated buildings look unsightly, but this does not create a health nuisance issue. Public Health cannot address concerns about paint, siding, gutters, or other matters relating to aesthetic issues or property values. Public Health can order the repair of an unsafe structure on the unoccupied property if it’s creating a public health nuisance.
Public Health does not regulate items such as appliances, air conditioning units, or smoke detectors, and does not require that these items be provided or maintained in working condition. Public Health does not require the replacement of personal property which has been damaged by water infiltration, mold, or other conditions and does not require that items such as doors, cabinets, and other interior fixtures be maintained in good condition.
Contact the Clermont County Fair Housing Program about tenant/landlord rights issues or read Sections 5321.04 (Landlord obligations) and 5321.05 (Tenant obligations) of the Ohio Revised Code.
Mold IssuesTen square feet or more of visible black mold in the living spaces of a dwelling and an odor of mold (a musty odor) in the living spaces indicates a mold problem. If mold can neither be seen or smelled, then the concentration is below a level that would pose a health risk to a healthy person.
Clermont County Public Health does not sample for mold. A health inspector determines if there is a mold problem visually and by odor. If there is mold behind a wall or in a ceiling cavity where it cannot be seen or smelled, then it does not pose a health risk. Mold growing in a wall space does not pose a health risk as long as there is no circulation of air between the wall space and the living space, such as would be produced by a hole.
Areas of a dwelling such as basements, attics, and garages are not usually considered living spaces, and mold in these areas does not normally create a health nuisance issue. Mold (and algae) on the outside of a building is not a health nuisance issue. Mold in the outdoor environment cannot be controlled and is not regulated.
Removal of 10 square feet or more of the visible black mold is generally the responsibility of the landlord, whereas removal of mold less than 10 square feet in area is the responsibility of the tenant. The removal of mold from door frames, window frames, window sills, and bathroom fixtures is a normal housekeeping chore and is the tenant’s responsibility. If a tenant creates a situation where mold is allowed to develop, then it is the tenant’s responsibility to remove the mold.
Mold may grow behind furniture that has been placed too close to an outside wall. Restricted air circulation causes condensation to remain on the wall, which promotes the growth of mold. Furniture should be moved about six inches away from walls to prevent this from happening.
Soot from burning candles may be deposited on cool surfaces and mistaken for mold. Removal of soot and other dirt on wall surfaces is a normal housekeeping chore and is the tenant’s responsibility.
Mold may grow in closets or rooms that remain shut, have restricted air circulation, or are inadequately heated. Doors and vents should be left open to maintain air circulation to prevent the growth of mold. Clothes dryers should be vented to the outside. Crawlspace vents should remain open.
When removing mold from hard surfaces, the affected area should first be thoroughly cleaned with detergent and water, then rinsed with clean water. The area can then be sanitized with a 10% solution of bleach in water. Care should be taken when using bleach. Wear rubber gloves, and provide adequate ventilation or wear a respirator.
The key to controlling mold is controlling moisture. Water leaks should be eliminated, and indoor humidity reduced. Fish tanks, improperly vented clothes dryers, and unvented showers introduce large amounts of moisture into the air. These sources of moisture can be controlled or eliminated. A dehumidifier is recommended for basements and basement apartments.
Public Health does not require mold removal or remediation in owner-occupied dwellings. Mold removal is not required in vacant dwellings.
Water/Plumbing LeaksRepair of plumbing leaks, roof leaks, foundation leaks, and other leaks are the responsibility of the landlord. The property owner is responsible for continuously maintaining all toilet fixtures, water supplies to fixtures, waste pipes from fixtures, sewer lines, and other containers or conductors of sewage or water in good operating condition, free from obstruction or leakage. It is the tenant’s responsibility to clean bathrooms and all bathroom fixtures.
Leaky basements and crawlspaces are common. A leaking basement or crawlspace is not a health nuisance issue as long as water does not accumulate. Clermont County Public Health requires that below-grade areas of a dwelling in rental units must be kept free of accumulations of water or sewage. Small puddles of water would not be considered a violation. Accumulations of water in rental units should be pumped out immediately, and conditions altered so that further accumulations are prevented. Sump pumps are recommended where needed and should be maintained in good operating condition.
Water SupplyOwners of rental properties are required to provide an adequate supply of potable water to tenants. A property owner may not rent a dwelling that does not have an adequate supply of potable water. The owner cannot shut off a water supply or cause it to be shut off except for needed repairs, and the owner must notify the occupants in advance that the water will be shut off.
If water has been shut off due to non-payment of water bills, Public Health cannot order the water company to resume water service. If water service is in the tenant’s name then it is the tenant’s responsibility to pay the water bill, and Public Health cannot order a landlord to pay it.
Public Health does not require homeowners to provide an adequate supply of potable water for themselves.
HeatingIt is the responsibility of the property owner to provide an adequate source of heat, as well as maintain heating facilities in safe and good working condition, capable of providing a temperature of 68 degrees Fahrenheit under ordinary winter conditions. If heating facilities in a rental unit are inadequate or break down, the owner is required to provide an alternative source of heat.
In situations where tenants normally provide fuel for themselves, such as in single-family dwellings, Public Health cannot order a landlord to pay for fuel.
Public Health does not require homeowners to provide an adequate source of heat for themselves.
Air ConditioningAir conditioning is not required in rental property.
Illegal dumping, also known as open dumping, occurs when solid waste not generated on the premises has been deposited on the surface of the ground or in a body of water at a property not licensed as a solid waste facility. No person may conduct, permit, or allow open dumping.
Solid waste is any discarded material that is considered garbage, refuse, or waste from human or commercial activities. It includes a wide variety of materials like household trash, industrial byproducts, and construction debris. Although called “solid,” this can include materials that are liquid, semi-solid, or gas.
The owner of a property on which open dumping has occurred is responsible for properly disposing of solid waste from open dumping regardless of who deposited the waste.
The open dumping of solid waste is a violation of Section 3745.03 of the Ohio Revised Code, as well as Clermont County’s Public Health Nuisance Regulations. Violations of open dumping rules can result in substantial penalties.
A nuisance created by an unsecured swimming pool may be remediated by draining the pool or installing a pool cover capable of supporting the weight of a fully grown person. An owner will need a variance from the Board of Health for a pool cover. Additionally, a pool cover may require approval from the township.
Above-Ground Swimming PoolsClermont County Public Health does not require above-ground swimming pools to be fenced. We recommend checking your local township zoning regulations for fencing requirements.
In-Ground Swimming PoolsIn-ground pools must have fencing surrounding them. An in-ground swimming pool that is not fenced, is partially fenced, or has gaps in the fence that are four inches or larger is in violation. Fence gates should be latched but do not have to be locked. We recommend checking your local township zoning regulations for any additional fencing requirements.