Canton v. Schuster, 2020 Ohio 3060

Code Enforcement Officer Karla Heinzer inspected 906 High Ave. NW (Canton) on Feb. 22, 2018 and issued a written notice identifying 12 property‑maintenance violations with a re‑inspection deadline of April 6, 2018; notices were posted and mailed to owner Christine Schuster.
Heinzer re‑inspected the property on April 6, May 15, and Sept. 4, 2018; after the final inspection all 12 violations remained unresolved.
The City issued non‑compliance fines and multiple subsequent notices; Schuster admitted she received the notices and attempted some repairs, but claimed disability, weather, and lack of funds prevented full compliance.
Schuster was charged with and tried for violating Canton City Ordinance 1351.03(L) (failure to comply with a notice/order to correct property maintenance violations); the jury found her guilty.
On appeal Schuster argued (1) the conviction was against the manifest weight and sufficiency of the evidence, and (2) the ordinance is unconstitutionally vague; she did not raise the constitutional challenge at trial.
The Fifth District affirmed the conviction, rejecting the sufficiency/manifest‑weight challenge and finding the vagueness challenge waived on appeal.

Issue	Plaintiff's Argument (City)	Defendant's Argument (Schuster)	Held
Sufficiency / Manifest weight of the evidence	Evidence (inspection testimony, photos, notices) proved Schuster received orders and failed to correct violations	Schuster tried to remedy issues, lacked funds/ability, and weather prevented compliance; evidence insufficient or against manifest weight	Affirmed: viewing evidence for prosecution, a rational jury could convict; weight/credibility were for the jury
Ordinance vagueness / constitutionality	Waived: Schuster did not raise constitutional challenge at trial	Ordinance 1351.03(L) is vague and unconstitutional	Appeal rejected: constitutional challenge waived under Awan; court declines to address it (no plain‑error/exceptional grounds)

State v. Jenks, 61 Ohio St.3d 259 (sufficiency review standard)
Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency of the evidence)
State v. Martin, 20 Ohio App.3d 172 (manifest‑weight standard; new trial sparingly granted)
State v. Thompkins, 78 Ohio St.3d 380 (clarifies manifest‑weight review)
State v. DeHass, 10 Ohio St.2d 230 (credibility and weight are for the trier of fact)
State v. Awan, 22 Ohio St.3d 120 (failure to raise constitutional challenge at trial waives it on appeal)
In re M.D., 38 Ohio St.3d 149 (court may, in discretion, consider waived constitutional claims in plain‑error or exceptional cases)