Posts filed under ‘hell is other people’
The longing for the magic to come back- one man’s belief another’s terror
William Holmes Sullivan · The Fairy Ring; The Enchanted Piper · 1880 · Oil on board · 9.00 x 12.50 cm · From the Leicester Galleries
It was such a world of wonder and magic when I was a child. There were definitely fairies in the bottom of our garden. On dewy mornings I would carefully search the grass for the silvery fairy rings, where they left their mark having danced in the moonlight.
Photo source http://fairyroom.com/2013/01/a-treacherous-beauty-the-hazards-of-entering-a-fairy-ring/
Each May the bluebells would appear and I just knew the fairies, imps , pixies and elves made good use of their tiny bells for hats and drinking cups.
Hedgehogs, which are now popular pets here in Ohio, were used by the fairies to ride through the gardens . A saucer of milk would be left out each evening on the door step so they could slake their thirst.
The rockery at the bottom of the garden housed all sorts of wonders, now I see nothing but hiding places for snakes and mice and creepy crawlies, but then I saw tiny houses for the wee folk.
There was a magic in my youth- being the only girl in a mainly all boy street – I was accepted for the most part as one of the “gang”. I admit they always made me the robber, or the Indian to their cops and cowboys but I was included. How was it my parents and other parents of the street let us roam over to the “gasometer” and the ponds and streams where fishing for “newts” was the adventure of the day? I am struggling to remember what we did with them after an afternoon of catching them .
It was such a different time – a time of innocence -even though we played among some of the bombed out buildings of post war London. I don’t remember ( apart from being a girl) references made to our playmates ethnicity or religion , we played and lived in a magical place of childhood innocence .
Of course the magic has been replaced by awareness, even my children in their own neighborhood, as they were growing up, would not have been allowed to wander out of my sight or those of the neighbors. There were no adventures for them with the newts in the gasometer ponds.
No! now the magic is in a kingdom in Florida, California or even Paris. My grandchildren flew away to play in the magic and be sprinkled with a different sort of fairy dust as terror was rearing its dark and ugly head below them at the Boston Marathon .
And whilst they giggled and laughed with pirates and princesses horror once again scarred our world. A horror , whilst new to America and Boston, was so reminiscent of other horrific acts of terror in my own home – London- perpetuated by the IRA.
You can find the shameful very long list of bombings in the UK in the 70′s 80′s 90′s , 2000′s here
http://en.wikipedia.org/wiki/List_of_terrorist_incidents_in_Great_Britain
You will note that whilst the majority of the dozens and dozens of bombs exploded in the UK were IRA ( Roman Catholic by faith)( although Protestants have also caused terror too )- According to media reports the Catholics and the IRA were helpfully funded by Noraid ( Boston and New York). The latest threat is Islam – a group that Representative Peter King ( a “republican” in more ways than one)
Peter Thomas King (born April 5, 1944) is the U.S. Representative for New York’s 2nd congressional district, serving since 1993. He is a member of the Republican Party and represents the central Long Island district that includes parts of Nassau and Suffolk counties.
King formerly served as the Chairman of the House Committee on Homeland Security, where he drew attention in early 2011 for holding hearings on the extent of radicalization of Muslim Americans. He also sits on the Financial Services Committee and the House Permanent Select Committee on Intelligence. He stepped down after his seventh year as Homeland Security Chair because of self-imposed Republican term limits. He remains a member of the committee.http://en.wikipedia.org/wiki/Peter_T._King
However, ironically this same man, according to the New York Times in 1986, was characterized as an open endorser of the IRA and their cause.
http://www.nytimes.com/1986/10/26/nyregion/l-peter-king-and-the-ira-394786.html
Peter King is (or was – is he toning it down for this, his first statewide race?) the only elected officeholder in this state who is an open endorser of the terrorist Irish Republican Army and supporter of its Noraid fund-raising arm in this country. I am sure Mr. King will welcome the opportunity that the articles didn’t provide, to clarify his relationship, past and present, with the Noraid gun-runners, and to specify whether he continues to support the I.R.A.’s ”armed struggle” against Ulster’s right to political self-determination In Ireland, the civil war among the Catholic nationalists – never mind the struggle for Ulster’s Anschluss, which has significant minority support – ended in the 1920′s. Apparently it lives on in the Irish Catholic chauvinist ghettos of Nassau.
You can read more of Peter King’s walk the walk talk the talk with the terrorist organizations and in bed with the Boston-based NORAID funding group here
http://www.counterpunch.org/2010/12/02/the-hypocrisy-of-peter-king/
“And yet thousands of Americans, including people who live in Boston, gave millions of dollars to NORAID which was used to buy guns and Semtex and support the Provisional IRA terrorist infrastructure.”
Jonathon Ball and Tim Parry victims of the Warrington bombing
Children and innocents maimed and killed then too, mothers losing sons, all for a “cause” an ideology that does not accept another’s beliefs or ways, a dictatorship of beliefs.
http://thatwoman.wordpress.com/2008/06/08/when-is-it-ok/
And once again on Monday last in Boston – the magic in the world was lost, replaced in the rockery by the snakes and rats and vermin who breed in the dark rankness of the interior .
The daffodils are blooming , magnolia blossom waving to a blue sky now tainted by man. The grass was wet with dew this morning but I didn’t see any fairy rings just the toadstools( fungus) circling , indicating rottenness beneath the ground – no dancing fairies.
What is left of the magic world of innocence ? Just the pain of those that bully using faith and religious beliefs to cause more suffering. The world needs more magic and less organized religions and their fanatics! Every single person who has ever contributed to the causes of terror as they celebrated their own cause de jour no matter your beliefs is as guilty, in my opinion, of the murder of children, magic and innocence.
Source The Economist The New Wars of Religion
http://www.economist.com/node/10063829
Illustration by Jon Berkley
The Cardinal “letter”- H for Hypocrisy- pappish style
Long time readers of this blog will remember I have a real issue with the Roman Catholic Church – so I have researched the inconsistencies with what the hierarchy preach and what they have done – for example lets talk castration and that cover-up ( under 6 Popes)-
http://thatwoman.wordpress.com/2012/04/09/combining-religion-politics-castrations-cover-ups-church/
The “MEN of God forcibly castrating young men to cure them of homosexuality and covering up the wide-spread sex abuse amongst the men of FAITH????????? and then enabling the cover-up of such disgrace even NOW!- I AM SICKENED!!!.
Now the issue of homosexuality is coming full circle considering these same pillars of the Roman Catholic church are now facing the scandal of their own homosexual behaviours- a scandal that has seen the current infallible Pope apparently having to leave office
http://www.dailymail.co.uk/news/article-2287074/Gay-sex-rings-The-Filth-corrupting-Vatican–Pope-REALLY-quit.html
http://www.guardian.co.uk/world/2013/feb/21/pope-retired-amid-gay-bishop-blackmail-inquiry
A potentially explosive report has linked the resignation of Pope Benedict XVI to the discovery of a network of gay prelates in the Vatican, some of whom – the report said – were being blackmailed by outsiders.
I have written extensively about the hypocrisy of those that have power in the “organized church” and members of their flock ( locally) .
http://thatwoman.wordpress.com/2010/07/01/ignorestance-and-the-roman-catholic-church-part-6/
I have no issue with people having beliefs or being of a faith as long as they don’t interfere or NEGATE my beliefs. AND this is what the priest Father Divas and his parishioners did in my opinion to my family.
http://thatwoman.wordpress.com/2010/06/25/ignore-stance-and-the-roman-catholic-church-part-three/
It is something I will not forget or forgive whilst my son’s remains are in a place I find abhorrent .
http://thatwoman.wordpress.com/2011/09/03/september-3rd-war-movin-on-hell-truly-is-other-people-chris-ritchey/
Angela (Lombardi) Ritchey DO- Susan Lombardi- Tim Lombardi Bishop Lennon- Father Divas
Somehow in this community of Mary, Mother of God Parish, Lorain , Father Divas, Tim and Sue Lombardi and their family Gonzales, Zaworski, Gott and the Vikas believe their right of faith superceded my own and that of my son’s .
They deemed it acceptable to gossip about the mother of a dead son at his ” viewing” .
They deemed it their right to bury a son’s remains without letting his family know.
They deemed it acceptable for write horrid letters questioning a mothers love of her son just a few weeks after his death.
They put their rubber stamp on his last earthly remains, they broke his family’s hearts, they ( his bride) went back on their agreement as to the agreement for our closure .
It is all documented
http://thatwoman.wordpress.com/2010/10/14/an-open-letter-mama-sue-lombardi/
and
http://thatwoman.wordpress.com/2010/12/11/december-11th-the-beginning-of-the-beginning/
And of course the Roman Catholic Church, under the auspices of Father Daniel Divas, Bishop Lennon, as is their want “locally” ignored my letters , my questions and our pain.
I lost what respect I had for the for the Roman Catholic Church . This community of religion and the Vatican, too long, have covered up or ignored for the sake of “princes of this church”.
The aftermath of the death of my son found me sickened, incredulous and confused by the actions of supposedly “christian like” people and their “leaders of their church”. The pain caused to a family who lost their only son – the needs of this family discounted and ignored WHY? Is that christian-like behaviour or the teaching of the code unto which these Roman Catholics adhere? 
We take care of our own- thinking – well I guess it probably is – although my experience with the “power and flock of the local church” Mary Mother of God parish and Calvary Cemetery is of only importance to me and mine. However, it is, in my opinion, the high-minded disgraceful behaviour and the who is who – the decisions, ignoring the wrongs and posturing that is causing the institution and business of the Roman Catholic Church its current PR and participation problems.
Cardinals of the Roman Catholic Church will being electing a new pope on 12 March. The new pontiff will have a host of issues to deal with, among them the decline in active worship right on his doorstep – in Europe’s Catholic countries……
In 1966, 80% of the French declared themselves Catholic. By last year, 35% of the overall population and 63% of 18-24-year-olds said they were “of no religion”.
http://www.bbc.co.uk/news/magazine-21702993
In my opinion, Father Divas, and Bishop Lennon enabled such hurt to be done to us and enabled the compounding of a mother and fathers grief.
They enabled disgrace, they enabled dishonesty of the cruelest kind.
I wonder if any Hail Mary’s were given to Angela Lombardi Ritchey DO for her acts- the breaking of ones word ( in front of witnesses) the hurt caused by burying a son without his family in a cemetery not of his faith in a “family plot” that was not of his family and the tackiness that followed. How many Hail Mary’s does that get – I am assuming none because Father Divas of the confessional would have had to admit his part in this cruelty.
I wrote to the Vatican and to Cardinal Foley – who has since passed away- December 2011- he did respond to a grieving mother and that is the only comfort and succour received by the Roman Catholic ) CHRISTIAN Church this family received.
Why am I not surprised then at the whitewashing of the “sins” as the hierarchy and flock of the Roman Catholic Church deem them to be? The church is awash with disgraceful acts and cover-ups subjecting them to blackmail and perversion of justice.
Ironically the new spokesman for the latest round of problems and scandals has the name of Lombardi -
http://www.ibtimes.co.uk/articles/441908/20130304/vatican-cardinal-fake-pope-o-brien.htm
oh dear hopefully he is more honorable that the ones with which I have had to deal.
Oh! I am just a little tiny piece of the equation, insignificant among all the other “ignor stances” of the Vatican, the Popes – the cardinals, the archbishops, those who are the hierarchy of this church of shame and their underlings.
And still the community of Roman Catholics flock to their church, tears in their eyes – I know those tears – Why do these members of a world-wide congregation still follow these “icons” of the church for leadership?
These are men – with weaknesses and desires ( some so obscene by anyones standards- who go unscathed – protected into pulpits all over the world ) Is your kindly priest who forgives you your sins – one who blesses you after his own night of drunken debauchery, or crushing the innocence of a child brought to the church to be saved?
http://www.dailymail.co.uk/news/article-2290439/Scottish-bishops-accused-covering-20-child-sex-allegations.html
They sicken me with their hypocrisy just as I am sickened by those that pray on their knees and profess to be pillars of a community locally who follow the same hypocritical behaviour .
Do the people believe these men have the ear to a God , they who have the power to save them to admit them have a key to enable them into some sort of eternal life ? Did these same men who wear the robes of archbishops who for years have trodden the paths of sinners have the power to forgive their congregations their wrongs. Yes! it is hypocrisy! On that an archbishop and I totally agree!
In a sermon in Glasgow, Archbishop Philip Tartaglia, now the de facto leader of Scotland’s 760,000 Catholics, said it was obvious why O’Brien’s resignation and admissions of sexual misconduct left the church open to the “most stinging charge” of hypocrisy.
http://www.guardian.co.uk/world/2013/mar/04/scottish-catholic-obrien-scandal-authority
Ironically Cardinal Foley passed away from blood cancer two years to the month after my son- I hope his family has a peace denied to us by the members of his religion.
The Cowboys of Lorain- No more shooting blanks !-Part 7
Part One – http://thatwoman.wordpress.com/2013/01/23/the-cowboys-of-lorain-building-standards-part-one/
Part Two-http://thatwoman.wordpress.com/2013/01/25/the-cowboys-of-lorain-part-two-the-demo-men/
Part Three-http://thatwoman.wordpress.com/2013/01/28/the-cowboys-of-lorain-the-process-q-and-a-part-three/
Part Four -http://thatwoman.wordpress.com/2013/01/29/cowboys-of-lorain-are-they-gonna-call-q-and-a-part-four/
Part Five-http://thatwoman.wordpress.com/2013/01/31/cowboys-of-lorain-occupy-lorain-rentals-part-5/
THE CITIZENS:
So what is a community to do ? Here we sit in the older neighborhoods of Lorain slowly dying. We are a community that is fueling its own destruction – we are the enablers of our own plight .
We are a city whose main big business ( in my opinion) has become the business of rentals - it is not unusual for property owners to own not just 2 or three rentals but we now have people owning dozens and dozens of properties – if not hundreds such as- George Schneider.
Why because they make money – just like any other BUSINESS hopes to . We have Kent Sutton, himself a mega property owner stating to the newspaper
http://www.morningjournal.com/articles/2012/06/18/news/mj6081873.txt
We (Lake Erie landlords Association) simply assure housing providers that they are running a business not like any other business,” Sutton said. “The housing should be kept up to some condition of the neighborhood.”.
It has been shown ( I hope) through my blog the landlords are determining the health and the condition of these older neighborhoods .
http://thatwoman.wordpress.com/2012/08/15/rape-of-lorain-literally-determining-the-health-of-my-neighborhood/
Why even the City of Lorain ‘s previous administrations such as the Foltin – Miller administration brought in Mr. Sutton to determine how rentals should be inspected- that was a “brilliant idea’ http://www.locophotogblog.com/?p=82
I wonder who benefitted??? surely not my neighborhood.
We have over 10 thousand rentals properties in our housing stock of around 29,000 of those 10,177 are occupied rental.
( Note)These are not you high-end rentals the average rental costs are approximately $550.
Our vacant properties around $3,600 ( since some have now been demolished). According to the census in Lorain our numbers add up like this
of those 29,000 homes over 50 percent 15,953 were built before 1959 over half century ago in fact we have only had 755 homes built AFTER 2005.
Our housing situation is the stuff of nightmares in some streets.
http://thatwoman.wordpress.com/category/lorain-multi-property-owners/
Landlords, who do not apparently care or do due diligence when checking references ( tip one – please check the court files- will give you an idea of their “worthiness” and reliability of your prospective tenants)
Far too many landlords have given succour to criminals who ply their trade in our neighborhoods: You want to help out these individuals fine put them in the house next door to you!
The individuals coming from incarceration are told which communities have the social service agencies readily available and into which neighborhoods they can assimilate - a neighborhood where apparently there are no lace curtains from which to be noticed- as there are either no windows and / or they are boarded up- leaving them free to do business from these “homes”.
LORAIN POLICE DEPT:
Take the recent case of Joseph Worthy and what can happen in these vacant homes- a drug deal gone bad , very bad in this “vacant home”. He was out on the parole- Joseph has been before had been before Lorain Municipal Court 55 times- and before Lorain County Court of Common Pleas 10 separate times – he has given his address on a number of occasions as the homeless shelter and a rooming house (Broadway) and Catholic Charities on 8th Street.
“
Police now say the victim knew her attacker, 36-year-old Joseph Worthy. They believe the victim went willingly with Worthy to a vacant home to take part in a drug deal. Police do believe a sexual assault took place during the drug deal. Worthy was arrested on rape charges.The investigation continues.
LORAIN FIRE DEPARTMENT:
Photo Source: Bobel – Morning Journal
These homes also keep the Lorain Fire Dept. busy ( emphasis mine)
http://www.morningjournal.com/articles/2013/01/08/news/doc50eba43b9313b166152884.txt
and from an earlier article -
http://www.morningjournal.com/articles/2012/06/12/news/mj6340590.txt
“The city of Lorain has a problem with vacant house fires,” Lorain Fire Chief Tom Brown said. “We have absentee landlords and homeowners. People get into the houses and cause crime. We don’t have any witnesses or descriptions of suspects. We need help.”
City Council wants to know the cost to the city of putting out the fire especially when it looks like nearly one-third of fire calls to homes is for vacant and abandoned house of late .
NOTE: speaking to Chief Brown he stated the LFD responded to 14 vacant house fires last year and 2 gas leaks.
also he stated that if he had the ability to charge for recovery ( as with Hazmat)) he would for have to apply for a minimum $1,000 per hour just for per vehicles and man power to be covered.-
http://www.morningjournal.com/articles/2013/02/09/news/doc5115d1b18bc05901902155.txt?viewmode=2
Councilman-at-Large Dan Given asked for an analysis of the cost per call to understand how different calls affect the budget for the city.
Brown said he is working on a reply for council.
It is possible to divide the department budget by the number of calls to get a dollar figure per call, Brown said.
The figure would be “astronomical,” Brown said. “People are going to fall out of their seats, and I don’t blame them,”
.
Our very school system depends upon a healthy community- our quality of life depends upon our neighborhoods. The survival as a viable community depends upon “quality” – The bar has to be set higher – we can’t have the mend and make do mentality- and drive by inspections that only get the bare minimum accomplished. 
THE JUDGES
Since the “business of rentals” is becoming Lorain’s largest business it is time to treat them as a business, to set a standard in Lorain and for judges to do more than fine someone a few hundred dollars and let the eyesores continue.
http://thatwoman.wordpress.com/2012/09/12/george-schneider-appealing-properties-or-wheres-the-judgement/
I see the need for more emphasis on the older properties. However, as we have learned in this series the City of Lorain Inspectors ( unless asked to Oh do come in) cannot do interior inspections . Changes NEED to BE Made in Lorain. Since in a previous post I referred to the City of Lakewood and their way of dealing with nuisances and older homes-
http://lakewood-oh.patch.com/articles/lakewood-buys-two-burdensome-boarding-houses
I checked with them as to interior inspections and point of sale. Let us look at Lakewood Building Dept. emphasis mine !
http://www.onelakewood.com/PublicSafety/Housing_Building/
The department is made up of one Dept. Administrator, one Assistant Building Commissioner for Residential, overseeing a staff of five residential inspectors, one Assistant Building Commissioner for Commercial, overseeing a staff of four commercial inspectors, one Litter Control Agent, and three Administrative Support Staff. This staff has over 300 years in combined professional experience with inspections, engineering, contracting, and support, plus 30 hours of continuing education every 3 years for each state certification an inspector holds (avg. of 4 certifications each)
The chief priority of this department is enforcement of commercial and residential building codes for every structure in the City. This task is accomplished through the following processes:
NOTE::::: Complete Interior Inspections
1.Annual inspections consist of COMPLETE INTERIOR , exterior, and yard area inspections of NON- OWNER OCCUPIED structures on a street by street basis. Streets are assigned until all of the above properties have been inspected. When completed, the inspection rotation begins again.
Now how do they get to perform these INTERIOR inspections when we apparently are on a “do come in basis ” or relying upon the integrity of the rental / landlord property owner. According to the Lakewood Building Dept. they send a letter with an appointment- and if they are not welcomed they go before the prosecutor because this is a codified ordinance with the City of Lakewood! YES! for Lakewood!
Now Lorain? we need to treat this business of rental as Mr. Sutton ( whose advice was to dearly sought by the Foltin Administration) as the businesses he says they are and treat them as such.
back to Lakewood:
<
2.Exterior inspections are performed in all non-Community Development Block Grant (CDBG) areas. These are external only inspections and are assigned by complaint and on a rotational street-by-street basis.
3.Zone Check inspections are the responsibility of inspectors assigned to a specific ward of the City to ferret out the “eye sore” properties and to issue a correction notice to the property owner.
4.Exterior/Interior Complaint inspections are triggered from various sources including citizen calls, councilpersons, “report-a-problem”, police or public works referrals, etc.
5.Certificate of Occupancy Inspections are mandated for all non-owner occupied rental properties that are on the market for sale. This inspection includes the interior, exterior, and yard areas of the property.
6.Prior to Sale inspections are for owner occupied properties. Should an owner request it, an inspection is conducted on the interior, exterior, and yard areas when they are marketing their property for sale.7.Lakewood First Time Homebuyers Program inspections are initiated by the property owner and are required for participation in the program.
CITY OF LORAIN ADMINISTRATION AND LORAIN CITY COUNCIL MEMBERS
Lorain is literally feeding upon herself!
TIME FOR THE ADMINISTRATION, LAW DEPARTMENT AND CITY COUNCIL TO GIVE THE INSPECTIONS SOME AMMUNITION- !!!!! I DON’T CARE IF THIS IS AN ELECTION YEAR -
TIME FOR OUR CITY TO STOP WORRYING ABOUT UPSETTING THE APPLE CART OF CAMPAIGN CONTRIBUTORS AND THE POSSIBILITY OF OFFENDING THEM – WE, THE PEOPLE DESERVE BETTER IN LORAIN- WE HAVE PUT UP WITH TOO MUCH ALREADY!
No More Fudd for thought we need action!!!
The Cowboys of Lorain- (PT. 6) thoughts from the corral – drive-by and fix
Part One -
http://thatwoman.wordpress.com/2013/01/23/the-cowboys-of-lorain-building-standards-part-one/
Part Two http://thatwoman.wordpress.com/2013/01/25/the-cowboys-of-lorain-part-two-the-demo-men/
Part Threehttp://thatwoman.wordpress.com/2013/01/28/the-cowboys-of-lorain-the-process-q-and-a-part-three/
Part Four http://thatwoman.wordpress.com/2013/01/29/cowboys-of-lorain-are-they-gonna-call-q-and-a-part-four/
Part Fivehttp://thatwoman.wordpress.com/2013/01/31/cowboys-of-lorain-occupy-lorain-rentals-part-5/
I was naive in my beliefs of accountability for older housing stock. I admit it – I sit in my den typing and looking out at my neighborhood- I watch the deterioration on a daily basis.
My icon house sits and reminds me of the “process” nearly 40 years of watching the inadequacy of the PROCESS that is the City of Lorain, the Building Department and Inspectors rights as per the property Maintenance Code of Lorain-
Property Maintenance Lorain ( seems to be an oxymoron). You would think I should have realized, after the decades of watching, the Process is PHUTT!!!!! The guys in the white hats have no ammunition
My conclusions after reviewing the answers ON THE INFAMOUS PROCESS is as following:
1. To have work inspected on this glut of poor housing – we are dependent upon the honesty and integrity of people who allow this:
2. We are dependant upon side walk inspections or having a kindly neighbor let us have a look from their property- Some of the Neighbors 
3. We are a drive- by community in more ways than one.
4. The cry of we need more inspectors( under the current system ) is as laughable as the restrictions under which they have to “inspect”.
5. To inspect property in this way may “pretty up” the outside to a standard that is lacking but “fixed”???? as per the fix after the latest drive by of the historic property on our main thoroughfare owned by
CHRULSKI LAWRENCE J and HARRIET ANN
2910 SHADYLAKE DR VERMILION, OH 44089 -
This former home of another of Lorain’s Mayors was inspected by the drive by inspectors ( presumably ) and it was fixed to the minimum of standards – YOU BE THE JUDGE!!! If you ask for the minimum that is what you get!
Click on to enlarge
You can powder and paint an old whore but the insides are still rotten – and it is those rotten insides that cause the health and safety issues for those that dwell within these homes. It is dangerous but hey! we have gutters at least !
Like many of you who are not in the “Business of Rental” I thought we had some accountability , a system in place to hold those that do this to properties to a higher standard. I was wrong….
The current “way forward” is laughable at best and killing this community at worst.
To Be Continued….
Cowboys of Lorain- OCCUPY – LORAIN – RENTALS Part 5
Part One
http://thatwoman.wordpress.com/2013/01/23/the-cowboys-of-lorain-building-standards-part-one/
Part Two
http://thatwoman.wordpress.com/2013/01/25/the-cowboys-of-lorain-part-two-the-demo-men/
Part Three
http://thatwoman.wordpress.com/2013/01/28/the-cowboys-of-lorain-the-process-q-and-a-part-three/
Part Four
http://thatwoman.wordpress.com/2013/01/29/cowboys-of-lorain-are-they-gonna-call-q-and-a-part-four/
Remembering when? February 2008 ( 5 years ago) Lorain County Photographers Blog did an interview with Bill Desvari ( the infamous Chief Building Inspector – now deceased) part of which touched upon “Occupancy Permits for Rentals”- the whole interview can be found here:
http://www.locophotogblog.com/?p=82
But in part:
At the time of this interview, Bill told me there were 10,340 rental properties in the city of Lorain. Ordinance 126.97 requires housing inspections every 5 years. It’s never be enforced, and at a charge of $50 apiece, why wasn’t it happening, since it could bring in over half a million dollars? Most of the owners live outside the city, and really don’t make too much of an effort to keep up their properties. He went to then-Mayor Craig Foltin about this, and it took 18 months for anything to happen. (Craig’s being a part of the LELA have anything to do with this?-hh)
When the ball finally got rolling, with then-Council-at-Large Tony Krasienko watching close to make sure things ran correctly, two inspectors were able to do 1700 inspections in 2006. But it wasn’t as easy as that. One inspector had health problems, another substance problems. For the most part, in 2006, there was only one inspector working at any given time. And that was made more difficult by the fact that most of the owners were hiding and not responding to inquiries.
The Landlord’s Assoc was asked to provide addresses. The Law director told him they couldn’t fine the people, as it was an infringement of 1st amendment rights. Mark Provenza reviewed it for a long time, and Desvari told him the fine is already in Ord. 1501.99, anything in Chapter 15 can be fined $1000, that it’s been there since 1978. He was not blaming Mark, but it hadn’t been used, and now they’re able to take people to court.
Craig Miller called him ( Desvari) and told him that KENT SUTTON only wanted to do exterior inspections.
Note that woman : Ah HA!!! there is that name again KENT SUTTON in order to jog the readers memory:
http://thatwoman.wordpress.com/2012/07/08/for-rent-one-city-who-dictates-the-health-of-your-neighborhood/
****The system is set up to fail, and it needs revamped*** said Bill Desvari ( and coming from him that is a revelation
Truer Words were never spoken!!!!!!
Back to today and 5 years later: The Questions re occupancy
QUESTION – THAT WOMAN
I have, as the property owner , caulked the leaks, done my wiring and plumbing dry walled etc. – put in new fixtures prettied up the property and now I want an occupancy permit for rental.
What is the procedure and who authorizes the occupancy permit? Do they come into the property and inspect? How many rental occupancy permits are there currently in the city of Lorain? How do you keep track of the “rentals”- is there a rental register? For example according to my research there are 10,177 occupied rentals in this city are there the same amount of occupancy permits issued ( taking into account more than one rental in a unit). How many occupancy permits have been issued?
THE CITY ANSWERS
The Building Department oversees and authorizes the occupancy permit. If the Building Department approves of the work after the final inspection, they issue an occupancy permit. As long as the property owner invites the Building Department, they can inspect the inside of the home.
A property is supposed to ask for an occupancy permit as well as require a rental certificate. To try to keep track of rentals, we review the rental certificates we have issued. But, to stay on top of this, the number of employees are just not currently present to review rentals, not just the ones who have applied for a rental certificate.
Of the 3,693 vacant dwellings how does the dept. covering the “occupancy permit” know when any of these are rented?
THE CITY ANSWERS
Unless a rental certificate application is received, the City wouldn’t know if these dwellings are being rented.
Again, with the limited staff, the number of employees do not allow the Building Department to be proactive on this front. The Building Department does try to review any properties with “For Rent” signs or review the paper in order to match homes with rental certificates.
QUESTION THAT WOMAN
Does an occupancy permit cover those who “rent to own?”
THE CITY ANSWERS
I am not entirely sure of an answer on this. As stated previously, an occupancy permit is issued for anyone who applies for a permit with approval. “Rent to Own” is not actually a rental; the “tenant” is actually in the buying process. If the Building Department comes across a property they believe to be a rental, they request the owner provide documentation to show the “rent to own” status.
QUESTION – THAT WOMAN
How often does a landlord need to renew an occupancy permit? – Is it yearly, 5 years etc. or on the basis of new tenant occupying the building?
THE CITY ANSWERS
An occupancy permit last for 3 years, as long as ownership doesn’t change.
How much is an occupancy permit? $50 for rental; $75 for duplex
QUESTION – THAT WOMAN
What IS inspected in order to gain an occupancy permit? For instance mold, structural safety, electrical, plumbing???In depth please.
THE CITY ANSWERS
If it is rental, the inspectors follow the International Property Maintenance Code. I am sorry I cannot provide a more detailed answer.
FOLLOW UP QUESTION – THAT WOMAN
In the city of Lorain when and if a landlord asks for an occupancy permit – what is looked at by an inspector ( I know it has to meet the International property maintenance code) but if an inspector goes into the dwelling does he look at structure, electrical, plumbing to see if that meets the code- what do they “inspect” floor boards, roof plumbing what items on the check list are looked at to see if a dwelling meets the minimum code ?????
THE CITY ANSWERS
Not every inspector is certified in all areas. For example, our Electrical Inspector does not have the certification to inspect other types of work. However, for property maintenance code, the inspectors have a general checklist of what they inspect. I have attached the “Exterior Checklist” and the “Interior Checklist” for your review.
NOTE… INTERIOR INSPECTION CHECKLIST PDF FILE FOUND HERE
QUESTION THAT WOMAN
If a tenant calls for an inspection of the home is it accurate to say the inspector can only inspect the “complaint” for instance if it is the wiring that is an issue can they cite for rotting floor boards?
THE CITY ANSWERS
For a rental, the inspectors can cite for other concerns visible to the inspector. Typically, the tenant will point all the complaints to the inspector.
QUESTION THAT WOMAN
Is there a point of sale inspection in Lorain – if not why not- and is there any legal reason there cannot be a “point of deed transfer inspection” to negate the property from changing hands within a group or family to get around any point of sale inspection.
THE CITY ANSWERS
Not currently. Point of sale is used in other cities. As to my knowledge, no point of sale ordinances have been overturned.
QUESTION THAT WOMAN
PHOTO TAKEN MARCH 19TH 2011
Also re the question of blue tarps as roofs- is there any time limit as to how long a temporary roof fix is allowed? For example the one property on 329 Hamilton has had the temporary fix for 3 years-(NOTE: I wrote about this particular property in March 2011
http://thatwoman.wordpress.com/2011/03/21/undecided-no-9-lorain-city-schools/
Hurricane Sandy blew most of it away and they have now put up a new blue tarp- What are the rues if any for temporary fixes and does anyone inspect those temporary fixes as to times?
TODAY ‘S PHOTO JANUARY 30TH 2013
THE CITY ANSWERS
When the Building Department sees these types of homes, they send a notice to the property owner requesting the anticipated fix to the roof.
Ah that explains it : Driving Blind a probability????? Maybe the city could use some help? I know a judge that must not be seeing his handiwork as he tootles along in Lorain passing by another of George Schneider properties
a href=”http://thatwoman.files.wordpress.com/2013/01/judge-mihok.jpg”>
<
Does the good judge ever drive past 1965 E 28th Street and wonder if the Building Dept and the City of Lorain will come before his court again with 1965 E 28th Street ?
and now it seems we have inspectors “Oblivious to the BLUES”- to be continued _ LORAIN IS FEEDING UPON ITSELF
Illustration Cat Scott SOURCE
Cowboys of Lorain- ARE THEY GONNA CALL? Q and A Part Four
Part One
http://thatwoman.wordpress.com/2013/01/23/the-cowboys-of-lorain-building-standards-part-one/
Part Two
http://thatwoman.wordpress.com/2013/01/25/the-cowboys-of-lorain-part-two-the-demo-men/
Part three
http://thatwoman.wordpress.com/2013/01/28/the-cowboys-of-lorain-the-process-q-and-a-part-three/
CONTINUING THE QUESTIONS AND ANSWERS: note the red flags 
EMPHASIS MINE
QUESTION – THAT WOMAN
If I have done some work (for example) rewiring – is it up to me as the property owner to request an inspection?
THE CITY ANSWERS:
The property owner MUST REQUEST AN INSPECTION.
The Building Department cannot enter private property without permission.
QuESTION- THAT WOMAN
If so,( REFERRING TO PREVIOUS QUESTION) is the responsibility put on the property owner to contact the Building Dept. Is there any follow up on the building permits pulled as to the condition/ quality of work being done and in a timely manner?
THE CITY ANSWERS:
Yes. At the bottom of the permit, several different job types are listed. When work is completed on these jobs,
“THE OWNERS ARE TO CALL the Building Department” for review. However, the Building Department may not know when work is completed until the owner calls.
QUESTION – THAT WOMAN
Can the property owner still refuse entry to the property for inspection even with a building permit ? Does that limit the inspections from the sidewalk only unless the house is open and unsecured?
THE CITY ANSWERS:
Property owners can refuse entry by our inspectors.
Inspectors are free to do inspections from the sidewalk as well as inspections from the view of a neighboring property, provided the neighbor grants permission to go onto their property to view concerns. If the house is unsecured, the inspector can obtain search warrants in order to enter the property.
PDF FILE – EXTERIOR INSPECTION LIST FOUND HERE :
Exterior Inspection Checklist
FOLLOW UP QUESTION – THAT WOMAN
Just to be clear – are you saying if the work is done on the inside of the property by the property owner unless they agree to let the inspectors in to inspect the work you cannot inspect the work done?
THE CITY ANSWERS:
I have attached “Entry to other structures” for your review. This document outlines the laws restricting access to private property by an inspector. But, to answer your question, the owner has to allow the inspector into his home.
The PDF file ‘ENTRY TO OTHER STRUCTURES ‘ FOUND HERE
Entry to other structures
FOLLOW UP -QUESTION – THAT WOMAN
In essence would I be correct in saying that “we in Lorain are going upon TRUST the property owner will call to have an inspection and if they don’t is there any recourse????
THE CITY ANSWERS:
In talking with Mr. Klinar, over 3800 permits were pulled this past year. With the number of employees we have, we cannot check up on all projects to see how much progress is being done.
Plus, being invited in to review the work also complicates items. Therefore, with the limited number of employees, we wait until the homeowner requests an inspection. As for recourse, unless we inspect it, the City cannot do much.
Note TW …Handcuffed AND STUFFED comes to mind …….
To Be Continued
The Cowboys of Lorain- THE PROCESS- Q and A Part three
Part One
http://thatwoman.wordpress.com/2013/01/23/the-cowboys-of-lorain-building-standards-part-one/
Part Two
http://thatwoman.wordpress.com/2013/01/25/the-cowboys-of-lorain-part-two-the-demo-men/
As Chief Building Inspector Richard Klinar answered a question put to him by yours truly at the Demolition Appeals meeting with:
” Mrs. Ritchey there is a “process” to be followed you can’t inspect the windows unless the walls are up”
Well! I was amazed and dumfounded!!!!! – I really hadn’t realized that would have been necessary ( for those not familiar with me this is pure sarcasm!).
Although my question wasn’t fully answered which dealt with are “all inside inspections based on a request of the property owner?” his mention of “process” did lead me to ask of the Administration – in particular Derek Feuerstein ( Chief of Staff) for the City of Lorain. I would like to take this opportunity to thank him for his quick responses to the following questions and information ( re PDF files) ( EMPHASIS MINE -TW)
QUESTION THAT WOMAN:
Hypothetically I have an older property that I have purchased which is in dire need of rehab- Can you please answer and or expand on the questions on the “process” I, as the property owner, goes through to bring the property up to “minimum” code?
Firstly: what exactly is the minimum code the City of Lorain follows- re electrical, plumbing, HV , structure etc. where would I find that information . Is asbestos and mold abatement taken into account in the minimum code for Lorain? If, as I was informed this morning, the state decides our codes why is it surrounding communities such as Lakewood seem to have a higher standard of what is acceptable in their communities?
CITY ANSWERS:
The City of Lorain follows the Ohio Residential Code 2012 for their minimum standards. No asbestos and mold abatement is conducted. In speaking with a rep from the city’s health department, he indicated no policy in the State of Ohio dictates mold levels within a home. Our inspections, for construction, are based on the Ohio Residential Code 2012, but not for maintenance. Every city adopts their own type of maintenance codes; Lorain chose to adopt the International Property Maintenance Code.
QUESTION – THAT WOMAN:
Assuming I am rehabbing a property for possible rental- I am NOT a licensed and bonded contractor just a property owner who plans on acting as my own contractor – I pull a building permit to do the work – Is this a blanket permit or do I pull permits for electrical, plumbing structure separately? What is the cost of such a permit and how long is the permit good for.
CITY ANSWERS:
The City of Lorain does not issue blanket permits. Each permit is for a specific job. Every permit is separate, no blanket permits are given. All permits are a percentage of the overall cost of the project. I have included a fee structure sheet for you.
NOTE THE PDF FILE FOR THE FEES CAN BE FOUND HERE
20130118151839773.pdf
( also you will need to rotate the pdf view)
QUESTION – THAT WOMAN:
If the permit is good for a specified period of time and I have been unable (for various reasons) to accomplish any of the proposed work on the property can I pull another permit after the aforesaid permit expires – how many times am I able to do this- Is there any documentation given to the city the property owner has the funds to complete the project?
CITY ANSWERS:
The permit is valid for one year. However, you must start the work within 6 months of being issued the permit. An individual with a valid permit can request for an extension for up to 6 months. If after this extension, the individual must apply for a brand new permit. The Building Department does not require proof of funds for repair in order to receive a permit.
Follow Up – QUESTION- THAT WOMAN:
How many times can a property owner apply for the permit can he/she just keep applying for a new permit into infinity or is there a limit to the number of times a permit can be pulled for the same property and job of work?
CITY ANSWERS:
I have attached “Permit Approval code section” for your review on permits. According to section 105.4, two extensions can be granted. After those extensions, the code does not restrict anyone from filing a brand new application for a permit.
PDF File – Permit Approval Code found here
Permit Extension code section
NOTE: TW- I feel a little voice in my head saying “infinity and beyond” -
to be CONTINUED
The Cowboys of Lorain- Part Two -The Demo Men!
click on to enlarge
Part One:
http://thatwoman.wordpress.com/2013/01/23/the-cowboys-of-lorain-building-standards-part-one/
I sat in the audience of a meeting with regard to Demolitions on Jan 18th at Lorain City Hall. The process was very polite and controlled – The Board Members trying their level best to be responsive , polite and to give due process in order to shy away from “law suits” against the city due to not following the procedures.The actions were very deliberate and staying within given parameters.
That is how we are different nowadays from the old west – we couch our opinions so as not to offend so we aren’t dragged into another courtroom. Most of the business on hand was cut and dried , only three of the homes set for demolition had anyone speak for them.
One was the home covered in Busters House Blog
http://bustershouse.wordpress.com/2013/01/13/as-seen-in-lorain-3620-clifton-avenue-and-the-second-chance/
and the following post
http://bustershouse.wordpress.com/2013/01/19/as-seen-in-lorain-3620-clifton-avenue-and-the-second-second-chance/
3620 Clifton, Lorain with photos purchased two years ago for TWO HUNDRED DOLLARS – judge for yourself if this can be brought to a livable SAFE- quality of life dwelling for $17,000. I sincerely hope so – let us hope it becomes the poster child for HOW REHAB SHOULD BE DONE!
It is my understanding that the owners of 3620 Clifton presented an acceptable plan to the Board and will have to bring proof of progress to the next meeting on February 28th.
I know what I thought as I listened and I have a bridge in Brooklyn too, but fair is fair they, the owners ( JOHNSON NATHANIEL BARBEE JOSEPH
240 BRACE STREET ELYRIA, OH 44035) were there appealing the demolition decision they wanted to be heard as is their right and they were.
Alright, so they may have not been exactly truthful when stating the week before they only owned the property for a year- it was two- and those back taxes well that was literally not answered . But they got their “stay of demolition” to give them a chance at rehab.
Then this chap came up to the microphone,he rose with difficulty from his seat, he stumbled,limped his way across the floor , his face clouded with anxiety. He looked like he needed to be cared for and seemingly having the weight of the world on his shoulders – I actually felt sorry for this poor old geezer– er that is until I found out it was the infamous George Schneider - he of numerous blog posts and owner of hundreds of properties in this community.
I don’t know who I was more annoyed with - myself- for almost being taken in by his demeanor or the fact Georgie Porgy was asking for yet another of his properties to be given a 2nd chance. The appeals board denied his appeal but I bet you anything you like George’s attorney – Brett English will be back on the case “appealing” to a higher court.( Watch this space)
As I sat there with other audience members, I realized there were three scenarios happening in those chambers- all having different agendas- There was:
The Board - trying to be fair and equitable giving chances and listening to the ones appealing within the framework of the “process” – their faces thoughtful and polite.
The Pleaders – give us another chance puleeeeeeeze ( for any number of “reasons” as to why their property deemed unsafe etc. should be given another chance –
The Community – with the glut of diseased and disgraceful housing in our neighborhoods- we sat there wanting MORE- wanting to say what we really thought – not to be constricted by PC thinking or silenced by “The Process”- our faces- if not the spoken word- reflected on how we truly felt .
The Good – The Bad – and The UGLY
The Cowboys of Lorain- ( Building standards) Part One
Being the expat I am, I bring with me some terminology sometimes lost to my US readers and “community” . For more years than I care to remember I have “bitched” about the quality and lack of care given to the “rehabs” by the mega landlords who
“run their BUSINESSES of rental” in this community . Look on any of the streets in this old neighborhood the examples are there - there are those rehab to minimum standards- all that is “legally required of them”…. more on that later.
THE COWBOYS
Before it had any special application to America, cowboy was used in England with the obvious meaning: “a boy who took care of cows.” Or he could have been a man, for boy implied not only youth and boyish attitudes but also low status.
SOURCE
Although the descriptive but uncomplimentary word cowboy was already around, Americans did invent two new meanings for it. The first, now forgotten meaning came during the American Revolution. It was the revolutionary patriots' term for pro-British raiders who operated in the boundary between American and British forces in Westchester County, New York. They harassed and plundered the rural districts; a later writer said;they went around in the bushes armed with guns and tinkling a cow-bell so as to beguile the patriots into the brush hunting for cows.
after the Civil War, when for two decades thousands of cowboys drove millions of longhorn cattle from Texas to the new transcontinental railroads in Kansas and Colorado. The English speakers who first settled the Southwest had learned the skills of controlling cattle from Spanish-speaking vaqueros, a name translated crudely as buckaroos.
But those who hired the minimum-wage, equal-opportunity horsemen for the big cattle drives of 1866-86 simply called them cowboys, a term attested as early as 1849, and that was the name that stuck. And though they were poorly paid and worked under the harshest conditions, or perhaps just because of those circumstances, the cowboy became the most enduring legend of the American West. Building on this legend, cowboy today still is used to mean someone who is reckless, impulsive, and dangerous
In Britain “cowboy” is a slang term for
An unscrupulous, incompetent, or reckless person in business, esp. an unqualified one. We have a lot of fly by night “so-called ” unlicensed contractors whose work is in the best scenario lacking in quality and in the worst case down right dangerous.
The cowboy builders , contractors and they can be a problem in my “old country”
Avoiding cowboy builders
http://www.ratedpeople.com/m/advice/trade-insight/building/cowboy-builders.html
but surely here in Lorain the “cowboy ” has to TO ANSWER TO LAW AND ORDER- THE BIG GUNS SO TO SPEAK
About Building Department – Lorain Ohio
FunctionsThe Department was established tos administer and enforce the provisions of the Lorain Building, Housing and Zoning Codes plus the National Electric Code and State Building, Plumbing and Elevator Codes.
The Department’s two primary functions:
•Plan Examination and
•Code EnforcementThe Department registers building contractors, issues permits, maintains records, inspects all new construction and major rehabilitations engages in systematic code enforcement programs for existing properties and provides nuisance abatement to properties and buildings in disrepair.
Mission StatementTo contribute to Lorain’s urban renaissance by preserving and strengthening neighborhoods through ambitious code enforcement.
Code Services
To inspect structures for the purpose of enforcing the City of Lorain’s building, housing and zoning codes and to Ohio’s Building Codes, maintain uniform standards and requirements of residential, commercial and individual buildings.
Future Plans
•Foster higher levels of expertise in the building inspection department by encouraging education and growth among existing staff.
•Develop Housing Division to spearhead property maintenance and zoning issues.
•A Revenue Development to insure all funds currently allowed by legislation are collected for the common good and stability of the city.
•Re-establish City of Lorain Board of Building Commission to further reinforce standard for quality in residences, buildings, and structures throughout the City of Lorain.
THE QUESTION ? ARE THE INSPECTORS THE ONES HANDCUFFED?????? TO BE CONTINUED…….
The Judgement- The Community- The Criminal- The Cost
In recent posts I have questioned the reasoning as to what we in the community , who have been asked to step up to stop the decline of the quality of life in this place we call home Lorain Ohio, can actually accomplish.
Mayor Ritenauer stated in a recent Morning Journal article”
http://www.morningjournal.com/articles/2013/01/08/news/doc50ebaad1d44b9364404110.txt?viewmode=2
Mayor Ritenauer wants the community to band together
Mayor Chase Ritenauer says community must stand against ‘unacceptable’ mayhemMeanwhile, law-abiding citizens also must be aware of the justice system and demand prosecution to the fullest extent of the law, the mayor said.
and then the Editor of the same Morning Journal, Tom Skoch stated in his editorial:
http://www.morningjournal.com/articles/2013/01/13/opinion/doc50f23137cc3ff540511491.txt
“As the mayor emphasized, arresting thugs isn’t enough if they are quickly recycled through the justice system and dumped back on the street to cause more crime. Citizens need to urge prosecution and incarceration of criminals to the fullest extent of the law
Armed with a will, the time, tenacity and the ability to go in search of answers- thatwoman( me) who was also incensed at recent new news stories concerning alleged rape, drug deals gone bad , abandoned housing set off in search of “JUSTICE”!. I started looking at names and records of some of Lorain’s less than desirable criminal element and why they were on the streets, and who were the judges who had given them leave to continue “mayhem” in my community.
As with most things I research one thing led to another and I noticed a lot of
mention of PSI reports when searching the criminal records.
DEFENDANT IN COURT WITH COUNSEL; WITHDRAWS FORMER PLEA OF NOT GUILTY AND REQUEST FOR JURY TRIAL AND ENTERS A PLEA OF GUILTY TO: THE INDICTMENT WHICH PLEA IS ACCEPTED.
THE COURT HEREBY FINDS THE DEFENDANT GUILTY AND REFERS DEFENDANT TO THE LORAIN COUNTY PSI DEPARTMENT FOR A PRE-SENTENCE EVALUATION AND REPORT; BOND CONTINUED. TO BE INTERVIEWED AT LCCF WHEN DEFENDANT WILL REMAIN UNTIL NOV. 15TH IF NOT INTERVIEWED BY NOV. 15TH DEFENDANT ORDERED TO REPORT TO PSI DEPARTMENT WITHIN 24 HOURS OF RELEASE
What is PSI and just what do they do? so off I went on another search and found the following article -once again in the Morning Journal archives-:
Judge wants to hire PSI officers (with document) by Rick Payerchin
http://www.morningjournal.com/articles/2011/04/28/news/mj4457630.txt
I sent the link to the Lorain County Commissioners and asked for some information on PSI and the above link
I am following through with the research on a criminal situation in Lorain and how the criminal process works. I came across the link aforementioned – can you please tell me the outcome of that situation as written in the Morning Journal? I am very concerned as to the “passing through” from our court system by judges, adult parole authority etc and the funding of such who send back into my community the criminal element and the number of re offences …. and therefore, as I am following one case in particular that is making headlines this weekend and how he has been passed through and who determines the level of punishment – I have noticed PSI seems to be heavily involved in the sentencing outcome, therefore I wish to learn more about them and their decisions and who is funding them.
Thanks to Commissioner Kalo who forwarded my email to Mr. Tim Lubbe I have some answers ( emphasis mine) from Tim Lubbe,Lorain County Court of Common Pleas, Court Administrator, General Division
After reviewing my responses, should you still have questions, please do not hesitate to contact me.
Some of the answers are simple, such as the outcome of the situation discussed in the Morning Journal article. Currently, there are eight Presentence Investigation (PSI) personnel that are managed by the Court. These individuals are paid for or funded out of a state grant. However, I’m not sure if that completely answers your question. For example, the headline of the article claims that the “Judges want to hire PSI officers”. Quite frankly, the Court never had any desire to be involved with PSIs. Nevertheless, the State of Ohio in balancing its budget shifted the responsibility for PSI reports to the local or county level via the Courts.
You indicate a concern about the criminal element being “passed through” the court system by Judges, the Adult Parole Authority, etc. and returned into your community. I would not offer an opinion on the Adult Parole Authority, as that is a department of the State of Ohio, and I can’t honestly speak for them. However, with respect to the Judges, I believe they share your concern about criminals “passing through” the system.
I think your next question is also related to this issue. You are interested in who determines the level of punishment. Unfortunately, there is a fairly pervasive misperception that Judges unilaterally control the outcome of criminal cases. On many occasions I have heard Judges express their frustration over the constraints imposed upon them, and in my view, these constraints do affect the revolving nature of our criminal justice system.
While Judges absolutely play an important role in sentencing a criminal defendant, over the years that role has been minimized by changes imposed upon the Court by the Ohio legislature.
Just last year, there was another significant erosion of the Judge’s autonomy following the passage of H.B. 86. The law in Ohio now specifies that if a criminal defendant is found guilty of a 4th or 5th degree felony, there is a presumption that the defendant will be sentenced to community control, i.e. not jail or prison. Therefore, irrespective of what sentence a Judge may prefer to issue, he or she must follow the law.
Your final question raises a concern, that the PSI department seems to be heavily involved in sentencing outcome. The PSI department actually has no control over sentencing. The PSI department’s role is governed by statute.
Essentially, they are required to investigate the defendant, and report certain information back to the Court. Although the PSI department does not control sentencing, they do have an impact on the criminal defendants in your community.
Under Ohio law, before a defendant can be sentenced to a community control sanction, a PSI report must be produced for the Court. At the time the State of Ohio was responsible for producing PSI reports they had allocated approximately 3 times the amount of money they are currently providing to Lorain County through grants. With their resources, the State would typically produce a PSI report within 30 days. As soon as the Court received the PSI report, the defendant could be sentenced.
At a minimum, that individual would be placed upon probation and subject to review and supervision. Under limited circumstances, if certain factors where met (remember the limitations placed upon the Judges), the defendant may even be sentenced to jail. However, as a result of reduced funding, which equates to personnel, it currently takes the Lorain County PSI department somewhere between 60 and 90 days to deliver a report to the Court. While the Court is waiting for the PSI report, the defendant is in the community, not on supervised probation, and quite often committing additional crimes.
Nevertheless, I can attest that the Court continuously strives, where possible, to improve these circumstances. Also, I would encourage your involvement as a citizen in doing what you can both locally and at the state level.
So there we have it – Is it time to “talk to the State of Ohio” as to how their decisions are compromising our quality of life – is that the very least we can do???? ?
Recent Comments