Party Discovery: CITY OF CINCINNATI vs. JON CAMP SR

On October 17, 2023 a Party Discovery was filed involving a dispute between City Of Cincinnati, and 3569 Montgomery Road In Rem, Jane Doe 3 Unknown Spouse Of Lester Camp, Jon Camp Jr, Lester Camp, for H840 - INJUNCTION- OC in the District Court of Hamilton County.

Preview
i
GE PF SOy
2

e
Or cou

PAVAN PARIKH
HAMILTON COUNTY CLERK OF COURTS

COMMON PLEAS DIVISION

ELECTRONICALLY FILED
October 17, 2023 09:16 AM
PAVAN PARIKH
Clerk of Courts
Hamilton County, Ohio
CONFIRMATION 1382995

CITY OF CINCINNATI A 2304458
vs.
JON CAMP SR

FILING TYPE: INITIAL FILING (IN COUNTY) WITH NO JURY
DEMAND
PAGES FILED: 12

EFR200

E-FILED 10/17/2023 9:16 AM / CONFIRMATION 1382995 / A 2304458 / COMMON PLEAS DIVISION / IFI
IN THE COURT OF COMMON PLEAS
HAMILTON COUNTY, OHIO

CITY OF CINCINNATI Case No.
801 Plum Street
Cincinnati, Ohio 45202 JUDGE

Plaintiff COMPLAINT FOR INJUNCTIVE
RELIEF AND APPOINTMENT OF
-vs- RECEIVER

JON CAMP SR.
1930 Dana Avenue
Cincinnati, Ohio 45207

SERVE ALSO
3569 Montgomery Road
Cincinnati, Ohio 45207

and

JON CAMP JR.
145 E. Mitchell Avenue
Cincinnati, Ohio 45217

and

LESTER CAMP
15 Merzen Court
Cincinnati, Ohio 45217

and

JANE DOE 1, Unknown Spouse of
Jon Camp Sr.
1930 Dana Avenue
Cincinnati, Ohio 45207

and

JANE DOE 2, Unknown Spouse of
Jon Camp Jr.
145 E. Mitchell Avenue
Cincinnati, Ohio 45217

{00389994-4}

E-FILED 10/17/2023 9:16 AM / CONFIRMATION 1382995 / A 2304458 / COMMON PLEAS DIVISION / IFI
and

JANE DOE 3, Unknown Spouse of
Lester Camp
15 Merzen Court
Cincinnati, Ohio 45217

and

3569 MONTGOMERY ROAD
(IN REM)

Defendants.

Now comes Plaintiff City of Cincinnati (hereinafter the “City”), and for its

Complaint against Defendants Jon Camp Sr., Jon Camp Jr., Lester Camp, Jane Doe

1, Jane Doe 2, and Jane Doe 3 (herein after collectively “the Defendants”), and the

real property located at 3569 Montgomery Road, Cincinnati, Ohio 45207, respectfully

states as follows:

THE PARTIES

1 Plaintiff City of Cincinnati is a home-rule municipal corporation

chartered under Article XVIII, Section 7 of the Ohio Constitution and acting pursuant

to the Charter of the City of Cincinnati, through its City Solicitor. The City is located

in Hamilton County, Ohio.

2. Defendants are the owners of the real property located at 3569

Montgomery Road, Cincinnati, Ohio 45207, identified as parcel number 059-0006-

0083-00 by the Hamilton County Auditor (hereinafter “3569 Montgomery Road”). The

property is located in a CN-M zoning district.

{00389994-4} 2

E-FILED 10/17/2023 9:16 AM / CONFIRMATION 1382995 / A 2304458 / COMMON PLEAS DIVISION / IFI
3 The City brings this action on behalf of itself and its residents to obtain

injunctive relief to enforce violations of zoning, building, health, and safety codes and

abate a public nuisance.

JURISDICTION AND VENUE

4 Jurisdiction and venue are proper in this Court.

STATEMENT OF FACTS

5 The 3569 Montgomery Road is a blighted commercial structure in the

heart of the Evanston community’s business district.

6. Defendants have allowed the premises to become deteriorated, used it

for auto storage in violation of zoning laws, and failed to pay taxes related to the use

of the premises.

7 Therein are contained the following conditions that are a hazard to

public health, safety and welfare in violation of the building code: loose, deteriorated,

or missing material on the exterior walls; missing, damaged or deteriorated coverings

on exterior wood and metal; damaged or missing windows; damaged and deteriorated

roof structure; damaged, missing or non-functional HVAC systems; hazardous

electrical wiring including overfusing, unapproved splices, overloaded circuits,

extension cord abuse, unprotected switches, defecting wiring, lighting with pull chain

switches above plumbing fixtures, or brass sockets in reach of grounded surfaces; and

defective or unpermitted fencing.

8 3569 Montgomery Road is in violation of Cincinnati Municipal Code

Section 1409-7 because the premises is being utilized for contractor storage.

{00389994-4}

E-FILED 10/17/2023 9:16 AM / CONFIRMATION 1382995 / A 2304458 / COMMON PLEAS DIVISION / IFI
9. In addition, fencing was unlawfully installed around the premises.

10 Defendants have been ordered to correct the aforementioned violations.

11 Defendants have failed to appeal the orders, comply or otherwise

respond.

12. Defendants also owe more than $13,000 in unpaid real estate taxes and

tens of thousands to the State of Ohio and United States.

13. The nuisance at 3569 Montgomery Road continues unabated.

COUNT I: NUISANCE
(Common Law)

14. The City incorporates by reference as if fully restated herein all

allegations in the preceding paragraphs.

15. Defendants have created and maintained a nuisance as owners and

persons in control through the use of 3569 Montgomery Road in violation of health,

safety and zoning laws.

16. Defendants have knowingly permitted criminal activity at 3569

Montgomery Road and therefore created and maintained a nuisance.

17. Defendants’ intentional, reckless, and negligent conduct significantly

and unreasonably interferes with the public health, welfare and safety in Cincinnati.

18. Defendants’ creation and maintenance of the nuisance has produced a

long-lasting effect that Defendants know or reasonably should know has a significant

effect on public health, welfare and safety in Cincinnati, and the residents of

Cincinnati have a common right to be free from such conduct.

{00389994-4}

E-FILED 10/17/2023 9:16 AM / CONFIRMATION 1382995 / A 2304458 / COMMON PLEAS DIVISION / IFI
19. Defendants’ creation and maintenance of the nuisance caused the City

damage, including increased police resources expended in the area, emergency and

corrections costs for responding to and resolving criminal and nuisance activity and

decreased tax revenues resulting from the depreciated value of the affected homes

and all surrounding real estate.

COUNT II: INJUNCTIVE RELIEF FOR BUILDING CODE
LATION:
Ohi Revised Section 71

20. The City incorporates by reference, as if fully restated herein, all the

allegations of the preceding paragraphs.

21. Conditions exist at 3569 Montgomery Road in violation of Title XI of the

Cincinnati Municipal Code, the Cincinnati Building Code.

22. Those violations constitute a hazard to public health, safety and welfare.

23. Consequently, 3569 Montgomery Road constitutes a public nuisance.

24. The Defendants, through recklessness and neglect, created and continue

to contribute to the public nuisance.

25. Upon information and belief, those conditions have not been remedied.

26. Pursuant to R.C. 715.30, the City is entitled to an injunction to prevent

or terminate any outstanding violations of the Cincinnati Municipal Code related to

code violations.

COUNT III: COST OF ABATEMENT OF A PUBLIC NUISANCE
(R.C. 715.261)

27. The City incorporates by reference as if fully restated herein all

allegations in the preceding paragraphs.

{00389994-4}

E-FILED 10/17/2023 9:16 AM / CONFIRMATION 1382995 / A 2304458 / COMMON PLEAS DIVISION / IFI
28. 3569 Montgomery Road is a public nuisance as a threat to the public

health, safety and welfare because of the hazards present thereupon.

29. The City is entitled to collect the total cost of abating the public nuisance

at 3569 Montgomery Road from Defendants pursuant to R.C. 715.261(B).

COUNT IV: INJUNCTIVE RELIEF FOR ZONING CODE VIOLATIONS
(R.C. 713.13)

30. The City incorporates by reference as if fully restated herein all

allegations in the preceding paragraphs.

31. Defendants have erected, constructed, altered, repaired or maintained

the building or structure at 3569 Montgomery Road in violation of Title XIV of the

Cincinnati Municipal Code, the Zoning Code of the City of Cincinnati.

32. Defendants have been ordered to correct the violations of the Zoning

Code.

33. Upon information and belief, those violations have not been remedied.

34. The City is entitled to an injunction ordering Defendants to comply with

the Zoning Code.

COUNT V: INJUNCTIVE RELIEF FOR MUNICIPAL CODE VIOLATIONS
(Cincinnati Municipal Code Section 1501-27)

35. The City incorporates by reference as if fully restated herein all

allegations in the preceding paragraphs.

36. Defendants have violated the Cincinnati Municipal Code as previously

plead.

37. Defendants have been ordered to correct the violations.

{00389994-4}

E-FILED 10/17/2023 9:16 AM / CONFIRMATION 1382995 / A 2304458 / COMMON PLEAS DIVISION / IFI
38. Upon information and belief, those violations have not been remedied.

39. The City is entitled to an injunction ordering Defendants to comply.

COUNT VI: APPOINTMENT OF A RECEIVER
R.C, Chapter 2

40. The City incorporates by reference as if fully restated herein all

allegations in the preceding paragraphs.

41. The City has an interest in the property at 3569 Montgomery Road

including, but not limited to, collecting the amounts due.

42. Defendants have failed to maintain the property at 3569 Montgomery

Road in compliance with the Cincinnati Municipal Code.

43. Defendants’ failure creates a substantial risk that the value of the

property will be lost or materially injured.

44, Pursuant to R.C. 2735.01(A)(1), the City is entitled to the appointment

of a receiver to take possession of 3569 Montgomery Road to ensure that the value of

the property is not lost or materially injured.

45. Pursuant to R.C. 2735.01(A)(4), the City is entitled to the appointment

of a receiver to take possession of 3569 Montgomery Road to achieve compliance with

any injunctive relief.

46. The City is entitled pursuant to R.C. 2735.01(A)(7) to the appointment

of a receiver to take possession of 3569 Montgomery Road to protect the community

from the conditions presented by the nuisance.

{00389994-4}

E-FILED 10/17/2023 9:16 AM / CONFIRMATION 1382995 / A 2304458 / COMMON PLEAS DIVISION / IFI
COUNT VII: CIVIL OFFENSES
(Violation of Cincinnati Municipal Code Chapter 1501)

47. The City incorporates by reference as if fully restated herein all

allegations in the preceding paragraphs.

48. Defendants have violated Cincinnati Municipal Code Section 1501-9,

pertaining to fines for civil offenses. See attached Exhibit A.

49. The City provided notices of civil offense and civil fine to Defendant.

50. Defendants failed to respond within the proscribed time period; thus,

Defendants are in default and the civil fines owed are delinquent.

51. Defendants have not paid any of the amounts due.

COUNT VIII: OUTSTANDING FEES FOR WATER SERVICES

52. The City incorporates by reference as if fully restated herein all

allegations in the preceding paragraphs.

53. That Section 401-95 of the Cincinnati Municipal Code assigns

responsibility for maintaining water service connection and for all water charges

levied against the premises.

54. The City, through its Department of Water Works, provided water and

sewer service to Defendants’ real properties located within the limits of Cincinnati,

Hamilton County, Ohio.

55. The City’s Department of Water Works assigned the real properties

owned by Defendants account numbers as indicated in attached Exhibit B.

56. Defendants are in arrears to the City for Water Works for the accounts

and amounts indicated in the attached exhibits.

{00389994-4}

E-FILED 10/17/2023 9:16 AM / CONFIRMATION 1382995 / A 2304458 / COMMON PLEAS DIVISION / IFI
57. Defendants have been notified of the aforementioned outstanding

balance due and has refused payment.

58. That, to date, Defendants have failed to tender any payment towards

the aforementioned balance due; therefore, the debt is past due and owing to the City

in this matter.

WHEREFORE, the City requests that this Court issue the following relief:

A An order of remedial action under the City’s common law nuisance claim

in the City’s favor and against the Defendants;

B Injunctive relief against Defendants to correct building, health and

safety hazards at 3569 Montgomery Road pursuant to R.C. 715.30;

Cc Injunctive relief against Defendants to correct zoning violations at 3569

Montgomery Road pursuant to R.C. 713.13;

D. Injunctive relief against Defendants to maintain 3569 Montgomery

Road in compliance with the Cincinnati Municipal Codes pursuant to Cincinnati

Municipal Code Section 1501-27;

E A judgment against Defendants for the total cost of abating the public

nuisance at 3569 Montgomery Road and for all costs incurred by the City in bringing

this action including, but not limited to, filing fees, attorneys’ fees and court costs

pursuant to R.C. 715.261;

F. An order appointing a receiver under R.C. 2735.01 to protect the City’s

interest in 3569 Montgomery Road, effectuate the final judgment or to act as

otherwise permitted at equity;

{00389994-4}

E-FILED 10/17/2023 9:16 AM / CONFIRMATION 1382995 / A 2304458 / COMMON PLEAS DIVISION / IFI
G A judgment against Defendants for payment of all unpaid fees, fines,

assessments and bills, and any other amounts owed pursuant to the Cincinnati

Municipal Code, the Ohio Revised Code, or upon discovery of new information, and

order payment of interest and costs as permitted by law;

H An order requiring Defendants to pay the costs of this action, including

attorneys’ fees;

I Award the City such other extraordinary, declaratory and/or injunctive

relief as permitted by law or equity as necessary to assure that the City has an

effective remedy; and

J Such other and further relief as the Court deems equitable, just and

proper.

Respectfully submitted,

EMILY SMART WOERNER (0089349)
City Solicitor

/s/ Mark Manning
Mark Manning (0088331)
Johnnie Fitzpatrick (0100476)
Assistant City Solicitors
801 Plum Street, Room 214
Cincinnati, Ohio 45202
Phone: (518) 352-4576
mark.manning@cincinnati-oh.gov
Counsel for the City

{00389994-4} 10

E-FILED 10/17/2023 9:16 AM / CONFIRMATION 1382995 / A 2304458 / COMMON PLEAS DIVISION / IFI
EXHIBIT A: Civil Offenses

Citation No. Date Name Address Total Due
CAMP JON SR 3569
PSC2211840-01 12/1/2022 @3 MONTGOMERY RD $ 1,250.00|
CAMP JON SR 3569
PSC2211840-02 1/6/2023 @3 MONTGOMERY RD § 1,250.00
CAMP JON SR 3569
PSC2211840-03 4/21/2023 @3 MONTGOMERY RD 1,250.00
CAMP JON SR 3569
PSC2211840-04 6/5/2023 @3 MONTGOMERY RD 1,250.00
CAMP JON SR 3569
PSC2211840-05 8/9/2023 @3 MONTGOMERY RD $ 1,250.00
CAMP JON SR 3569
PSC2211840-06 9/15/2023 @3 MONTGOMERY RD $ 1,250.00
3569
BC20230165 9/1/2023 CAMP, JON MONTGOMERY RD $ 1,750.00
3569
BC20230260 9/1/2023 CAMP JON JR MONTGOMERY RD 1,750.00

$11,000.00

{00389994-4} ll

E-FILED 10/17/2023 9:16 AM / CONFIRMATION 1382995 / A 2304458 / COMMON PLEAS DIVISION / IFI
EXHIBIT B: Greater Cincinnati Water Works Ledger

Account Account
Number Holder Address Total Due
7757200000 | CAMP, JON 3609 CLARION AVE $ 2,592.10
(3569 Montgomery Rd)
3611 CLARION AVE
6757200000 CAMP JON@3 (3569 Montgomery Rd) $ 7,904.30
2867300000 CAMP JR, JON | 145 E MITCHELL $ 870.81
| AVE

$11,367.21

{00389994-4} 12

E-FILED 10/17/2023 9:16 AM / CONFIRMATION 1382995 / A 2304458 / COMMON PLEAS DIVISION / IFI

Case Info

Judge

Unavailable Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

October 17, 2023

Case Filing Date

October 17, 2023

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.