Criminaal Appeal from the Canton Municipal Court, Case No.
Plaintiff-Appellee KRISTEN BATES-AYLWARD CANTON LAW DIRECTOR
JASON P. REESE CANTON CITY PROSECUTOR
Defendant-Appellant GEORGE URBAN
JUDGES: Hon. William B. Hoffman, P. J. Hon. John W. Wise, J.
Hon. Patricia A. Delaney, J.
Appellant Charles D. Copeland appeals his conviction on one
misdemeanor count of failing to comply with a notice of
violation or order to correct property maintenance code
Appellee is the City of Canton.
OF THE FACTS
For purposes of this Opinion, the relevant facts and
procedural history are as follows:
Karla Heinzer works in the city of Canton Building Department
as a Code Enforcement Officer and enforces Cod. Ord.
1351.03(L), which states that any person failing to comply
with a notice of violation or order to correct property
maintenance code violations is guilty of a misdemeanor or
civil infraction. (T. 51; Cod. Ord. 1351.03(1)). When a Code
Enforcement Officer sees a property maintenance code
violation, the officer will issue a written notice of the
violation and order the owner to correct the violation by a
re-inspection date. (T. 129-30). The notice identifies the
property, includes a statement of the violation, includes a
correction order allowing a reasonable amount of time to make
repairs, and informs the property owner of the right to an
administrative appeal before the Canton Board of Building
Appeals. (T. 130-131; Cod. Ord. 1351.01, 2006 IPMC
Upon receiving a neighbor complaint, Officer Heinzer
inspected 2231 Waltham Place S.W. (T. at 52). As a result of
the inspection, Officer Heinzer issued notice of fourteen
(14) property maintenance code violations to the owner of the
property, Appellant Charles Copeland, and ordered him to
clean up the trash, mow the grass, and remove his inoperable
vehicles no later than October 30, 2017. (T. at 58-59, 64).
When Appellant failed to comply with the October order, the
City of Canton fined him $100.00. (T. at 73-75, 79). Also,
because Appellant failed to pick up the trash and debris on
his property, the City of Canton did it for him and invoiced
Appellant for the cost. (T. at 75, 79).
Subsequent to the October, 2017, inspection, Officer Heinzer
inspected the property five (5) more times, issued four (4)
additional violation notices, and met with the property owner
and an assistant prosecutor in an attempt to resolve the
matter in lieu of filing a criminal complaint. (T. at 79-80,
85, 88-93, 99).
Appellant failed to appeal any of the administrative orders.
(T. at 132).
At the final inspection on October 26, 2018, Officer Heinzer
saw that all ten (10) violations from her August 22, 2018,
notice still remained. (T. at 99).
Appellant was subsequently charged with a misdemeanor of the
first degree for failing to comply with a notice of violation