Appeals court overturns code-violation conviction

Staff report


The 7th District Court of Appeals overturned the conviction of a man sentenced to 60 days in jail for code violations.

Judge Elizabeth Kobly of Youngstown Municipal Court imposed the sentence on Brandon Miller, 31, of Pointview Avenue in July 2016.

The code violations included trash scattered about his property, a makeshift driveway, missing or unpainted steps and several improperly-installed windows, according to court records.

Miller did not serve the sentence because the judge agreed to release Miller on bond pending the result of his appeal.

The appeals court ruled that Youngstown’s code enforcement office did not provide evidence that Miller had been given proper notice of the violations in accordance with the city’s ordinances.

It said Judge Kobly should have sustained a motion to dismiss filed by Miller’s attorney three days before his trial.

Miller has three previous convictions for littering or excessive trash on his property. He has paid fines and served one year probation.

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