Toledo Municipal Court

Toledo Municipal Court - Frequently Asked Questions

1. I received a summons and complaint for a Housing Code violation. Is this a criminal case?
2. Can I be sentenced to jail in a code violation case?
3. Do I need an attorney to appear in housing court?
4. What considerations does the Judge weigh in sentencing a defendant for code violations?
5. Can the City prosecute BOTH a husband and wife who jointly own a property for the same code violations?
6. Does it resolve my case by selling the property cited?
7. I have made all of the requested repairs, yet I received a court date in the mail. Do I have to appear?

1. Q: I received a summons and complaint for a Housing Code violation. Is this a criminal case?

A: Yes. Complaints filed by the City of Toledo for alleged violations of the City’s Health, Building, Fire or Zoning Codes are criminal, misdemeanor cases.

2. Q: Can I be sentenced to jail in a code violation case?

A: Yes. The maximum penalty for a fourth-degree misdemeanor in Toledo is a $250 fine and 30 days in jail, and a $1,000 fine and 180 days in jail for a first-degree misdemeanor. The Court will also assess court costs for each case. Each day a property is found to be in non-compliance with the City code represents a separate offense for which the defendant may receive the maximum penalty. If a defendant pleads “no contest,” or “guilty,” in court, the Judge may choose to place the defendant on monitored probation. During the monitored probation period, a Court appointed Housing Specialist is assigned to monitor the defendant’s progress towards compliance of the violation charges. If constant effort towards compliance is not shown, the probation may be revoked and the defendant may be sentenced to jail.

3. Q: Do I need an attorney to appear in housing court?

A: As a defendant in a criminal case, you have the right to be represented by an attorney, but you are not required to have one. Many defendants appear without an attorney, called appearing “pro se.” You may wish to seek an attorney’s advise before your hearing to decide whether you would like an attorney to appear with you in court.

If you cannot afford an attorney but would like to have one represent you, let the Judge know at the beginning of your hearing. If the court determines that you cannot afford an attorney, the court will arrange to have one assigned to you at no cost.

4. Q: What considerations does the Judge weigh in sentencing a defendant for code violations?

A: Some of the factors the Judge may consider are: the nature of the violations and their severity; the length of time the violations have existed; the attempts made by the defendant to remedy the violations; the cost to repair the violations and the defendant’s financial means; and whether the property is owner-occupied or an investor property.

5. Q: Can the City prosecute BOTH a husband and wife who jointly own a property for the same code violations?

A: Yes, the city may file criminal charges against one, some, or all of the owners of record of real property. However, if one spouse comes to court and pleads guilty or no contest, the City may dismiss the case against the other spouse.

6. Q: Does it resolve my case by selling the property cited?

A: No. By selling your property, you will not be released from these charges. If you choose to sell the subject property, make certain the purchaser has the financial ability to immediately correct all of the code violations. Work to correct these code violations must be completed within thirty (30) days of the real estate closing. If these conditions are met, your case may be closed with the Judge’s discretion.

If the aforementioned conditions are not met, you may be charged with a first degree misdemeanor. Toledo Municipal Code 1726.00 (e) states, “Any person who transfers his or her property to another after the property has been declared a public nuisance without first abating the nuisance is guilty of a misdemeanor of the first degree and shall be liable for any and all costs incurred by the City in abating the nuisance.” Charges against the new owner may also be filed for failing or neglecting to obey or abide with an order to abate a public nuisance.

7. Q: I have made all of the requested repairs, yet I received a court date in the mail. Do I have to appear?

A: YES. IF YOU FAIL TO APPEAR IN COURT, A WARRANT FOR YOUR ARREST MAY BE ISSUED.

The legal issue before the court is whether the alleged violations existed as of the date the property was cited by the City. While repairs made after the date of citation may not constitute a defense to the charge, the Judge may take them into consideration when imposing sentence. Also, keep in mind that while you may be aware that the repairs and/or clean-up of your property have been made, the information may not reach the City inspector, City prosecutor and the Judge, if you fail to appear in court. If you have complied with the requested repairs and/or clean-up of the property, bring photographs showing the work with you to court.