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IN THE COURT OF COMMON PLEAS Waggy HAMILTON COUNTY, OHIO STATE OF OHIO, EX REL, 2 Case No een JOSEPH T. DETERS, HAMILTON COUNTY PROSECUTOR Pet odgelinaaetatie 88 230 B.9™ Street, Suite 4000 Cincinnati, Ohio 45202 PORARY RESTRAINING Relator vs CITY OF CINCINNATI c/o Patrick Duhaney City Manager City of Cincinnati 801 Plum Street Cincinnati, Ohio 45202 Respondent This case came before the Court on this > day of August, 2018, on Relator's Application for Preliminary Injunction filed with Relator’s Verified Complaint to permanently enjoin a nuisance; and on Relator’s Motion For Ex Parte Temporary Restraining Order for closure of said premises. This action was brought by Relators under the authority of Revised Code See, 3719.10 which states Premises or real estate, including vacant land, on which a felony violation of Chapter 2925 or 3719 ci the Revised Code occurs constitute a nuisance subject to abatement pursuant to Chapter 3767 of the Revised Code. Chapter 3767 sets out the parties, procedures, and evidentiary burdens in a nuisance abatement cas For purpose of the temporary restraining order, the Court finds that the Relator has established the following facts: 1, Respondent, City of Cincinnati is, and at all relevant times was the municipal corporation primarily responsible for maintaining public health and safety the area located in the Hamilton County, Ohio, south of Central Parkway to the Ohio River, See attached map, 2. Respondent is and all relevant times was the owner of the sidewalks, right of ways, and public grounds located in the area described above in the City of Cincinnati, 3. In the last few months felony drug offenses and arrests involving the use of heroin have occurred in the eneampments located on the sidewalks, right of ways, and public grounds in the area of the City of Cineinnati deseribe:t above, 4. Chronic felony drug violations have occurred as a result of use occurring at the encampments and continue to occur to the date of this hearing, 5. The encampments located on the City of Cincinnati's sidewalks, right of ways, and public grounds have a general reputation for chronic felony drug use occurring there. In addition, recent felony drug violations and overdoses of heroin at the ‘encampments would indicate that there is cause to be concemed for the safety of citizens living or walking near the encampments. 6 Continued illegal felony and misdemeanor drug use and/or sales from the encampments will cause immediate and irreparable harm to the surrounding community and constitute exigent circumstances as required by Ohio R\Civ.P! 35 for the issuance of an ex parte temporary restraining order. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED THAT: ‘The evidence presented at the hearing for the Ex Parte Temporary Restraining Order sustained the allegation of the petition that the encampments located on the sidewalks, right of ways, and public grounds in the area of the City of Cincinnati south of Central Parkway to the Ohio River in Hamilton County, ©.->, is dangerous and harmful to the health and safety of the community and is a nuisance per se pursuant to R.C. Sec, 3719.10, ‘There being no showing that the nuisance has been abated, it is the further Order of this Court that the encampments be cleared through any lawful means necessary including arrest for obstruction of official business in execution of this lawful order. Further that the Hamilton County Sheriff and the Cincinnati Police maintain these areas against their use as an encampment until a final decision is rendered on the Application for a Preliminary and Permanent Injunction, as required by R.C. 3767.04 The Hamilton County Sheriff's Department may, however, authorize entry into : See rah these areas to appropriate city inspectors, public utility créi!S, fir Safety personnel, and Jaw enforcement officials as it deems appropriate during the duration of this Order. IT IS FURTHER ORDERED that all items remaining on the premises shall be inventoried and stored. Items that are soiled or garbage and refuse shall be discarded under the direction of the Hamilton County Sheriff and the Cincinnati Police Department ‘The Hamilton County Sh and/or the C.P.D. may, however, remove and secure at an off ‘¢ location highly mobile and valuable property including but not limited to such personal property as automobiles, cash, jewelry, and electronic equipment, which may be at risk of theft during the pendeney of this Order, IT IS FURTHER ORDERED that the Hamilton County Sheriff and/or City Police Department shall provide a copy of this Order to any person found erecting tents ot other shelter or domicile on the sidewalks, right of ways or public grounds in the area of the

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