COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 69205 : ACCELERATED DOCKET CITY OF CLEVELAND, : : JOURNAL ENTRY Plaintiff-Appellee : : and -vs- : : OPINION VINCENT SZABO, : : Defendant-Appellant : PER CURIAM : : DATE OF ANNOUNCEMENT OF DECISION : JANUARY 18, 1996 CHARACTER OF PROCEEDING : Criminal appeal from : Cleveland Municipal Court : Case No. 95-CRB-3381 JUDGMENT : AFFIRMED. DATE OF JOURNALIZATION : __________________________ APPEARANCES: For plaintiff-appellee: Ramona L. Gerber Assistant Director of Law City Hall 601 Lakeside Avenue, Room 106 Cleveland, Ohio 44114 For defendant-appellant: Otto Galba 2177 Maplewood Road Cleveland Heights, Ohio 44118 - 2 - PER CURIAM: Defendant-appellant Vincent Szabo appeals from the trial court order which found him guilty of five counts of violating Cleveland Codified Ordinances dealing with the municipal housing code ("C.C.O."). On February 6, 1995, a complaint was issued against appellant, charging him with failure to correct five violations noted upon a March 29, 1994 inspection of a building owned by 1 him. Appellant had received notice of the violations on April 4, 1994; the violations were to be corrected by May 4, 1994. At trial, the city's housing inspector listed the violations he had observed on March 29, 1994, stated he had revisited the property on January 30, 1995, and further stated appellant "never made any attempt to correct these violations." The inspector also stated that appellant was the owner of record of the building on April 4, 1994, when the notice was sent. Appellant did not dispute the inspector's testimony in these particulars; rather, appellant merely stated that he had sold the property. Appellant's counsel told the court the property had transferred on May 5, 1994. 1 The violations noted were the following: one count of failure to post a certificate of occupancy, C.C.O. 365.04; two counts of failure to protect common hall entrances with self door closures, C.C.O. 371.03; and two counts of failure to post a certificate designating the responsible party or person, C.C.O. 371.09(A) and (B). - 3 - The trial court found appellant guilty and imposed a fine on each count which came to a total of $350.00. Appellant's subsequent motion for reconsideration was overruled. Appellant presents three assignments of error for this court's review, all of which challenged the sufficiency of the evidence. This court finds none to have merit. Although appellant asserts he did not own the property as of May 5, 1994, that fact is inconsequential. The uncontradicted evidence presented to the trial court established appellant owned the property on May 4, 1994, the date of compliance, but that the 2 violations had not been corrected by that date. This was sufficient to prove all the elements of the offenses. Cleveland v. Makris (1993), 90 Ohio App.3d 742; Dayton v. Platt (Mar. 29, 1989), Montgomery App. No. 11028, unreported; see, also, Cleveland v. Berger (1993), 91 Ohio App.3d 102. Furthermore, C.C.O. 367.99 sets the penalties for noncompliance with housing code requirements and states in pertinent part the following: . . . A separate offense shall be deemed committed each day during or on which an offense occurs or continues. Since the language of the statute thus permits a defendant to be charged for each day he is responsible for the violation, 2 Appellant's corrections of previous violations has no bearing on either the issues or the evidence presented in this case, since the inspector's testimony indicated on March 29, 1994 he observed the instant charges as new violations. See, e.g., Cleveland v. Fogos (Mar. 23, 1995), Cuyahoga App. No. 67266, unreported. - 4 - both the trial court's finding of guilt and the sentence it imposed were proper. Cleveland v. Makris, supra. Accordingly, appellant's assignments of error are overruled. The judgment of the trial court is affirmed. - 5 - It is ordered that appellee recover of appellant its costs herein taxed. The court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this court directing the Cleveland Municipal Court to carry this judgment into execution. The defendant's conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. JOHN T. PATTON, CHIEF JUSTICE JOSEPH J. NAHRA, JUDGE DIANE KARPINSKI, JUDGE N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announce- ment of decision (see Rule 26). Ten (10) days from the date hereof, this document will be stamped to indicate journalization, at which time it will become the judgment and order of the Court and time period for review will begin to run. .