Court of Appeals of Ohio, Seventh District, Mahoning
Criminal Appeal from the Youngstown Municipal Court of
Mahoning County, Ohio Case No. 17 CRB 192Y
Jeffrey Moliterno, Assist. Prosecutor, for Plaintiff-Appellee
Mostov, for Defendant-Appellant.
BEFORE: David A. D'Apolito, Cheryl L. Waite, Carol Ann
OPINION AND JUDGMENT ENTRY
Appellant Johnny Rivers appeals the imposition of a
thirty-day jail sentence, a $100.00 probation fee, and one
year of intensive probation by the Youngstown Municipal Court
after he entered guilty pleas and was convicted of four
violations of Youngstown General Property Maintenance
Ordinance 546.04, misdemeanors of the third degree.
Appellant's sole assignment of error, filed pursuant to
this Court's directive in State v. Cruz-Ramos,
7th Dist. No. Mahoning 17 MA 0077, 2018-Ohio-1583, is
ineffective assistance of counsel. Appellant contends that
the trial court may have imposed a lesser sentence, but for
his trial counsel's failure to request that the
sentencing hearing be continued for more than thirty days in
order to provide additional time to Appellant to remediate
the offending property. Because Appellant relies upon
suppositions rather than facts to support his claim, his sole
assignment of error is overruled and the judgment entry of
the trial court is affirmed.
The relevant portions of Ordinance 546.04 read, in their
(1) SANITATION. All exterior property and premises shall be
maintained free from an unreasonable accumulation of waste,
trash, garbage and rubbish. In determining whether such
accumulation is unreasonable, the Code Official or his or her
designee shall consider whether it is unsightly, has an
unpleasant odor, or is otherwise detrimental to the health,
safety and welfare of the area in which it is found. Where an
accumulation is specifically allowed under another provision
of this Code, on a temporary basis, it shall not be
(7) ACCESSORY STRUCTURES. All accessory structures, including
detached garages, fences and walls, shall be maintained
structurally sound and in good repair.
(10) SWIMMING POOLS. Swimming pools shall be maintained in a
clean and sanitary condition, and in good repair.
(20) ROOFS AND DRAINAGE. All roofs shall be maintained
weather tight and shall be equipped with gutters and
downspouts connected to a public storm sewer. The roof and
flashing shall be sound, tight and not have defects that
admit rain. Roof drainage shall be adequate to prevent
dampness or deterioration in the walls or interior portion of
the structure. Roof drains, gutters and downspouts shall be
maintained in good repair and free from obstructions. Roof
water shall not be discharged in a manner that creates a
On February 1, 2017, a summons and four complaints were
issued by the trial court, charging Appellant with violations
of the City's general property maintenance ordinance.
Supporting documentation, which was prepared by City Code
Official Abigail Beniston and attached to the complaints,
reads, in its entirety:
On Wednesday, January 25, 2017, I went out to the property
located at 104 Jacobs Road to perform an inspection. Upon
arriving I saw a fence with missing and broken sections that
did not match in color. Weeds throughout the property in
excess of eight inches. Dilapidated swimming pool in complete
disrepair. The roof on the front portion of the structure is
in disrepair with missing shingles. There is rubbish
collected throughout the front yard and driveway.
(1/27/17 Memorandum, p. 1).
Appellant was unrepresented at his arraignment on March 10,
2017, and did not waive his right to a speedy trial. As a