Commonwealth of Pennsylvania v. B. Creighan, Commonwealth of Pennsylvania v. B. Creighan

Creighan was charged by a Borough Code Enforcement Officer via private criminal complaint for violations of the International Property Maintenance Code (IPMC) related to an unsafe, partially collapsed structure at 100 South Avenue. A magisterial district judge (MDJ) found him guilty and imposed a $1,000 fine plus costs.
Creighan filed a summary appeal to the Allegheny County Court of Common Pleas; the trial court held de novo hearings on August 23, November 8, and December 6, 2016.
At the August hearing, the Borough introduced the notice of violation, photographs, and the ordinance; Creighan argued the Borough failed to follow its Chapter 94 condemnation procedures and offered that chapter into evidence.
The court continued the case to give Creighan time to board up the structure, stabilize the foundation, and obtain a demolition permit.
Creighan failed to appear at the December 6, 2016 hearing and did not file the promised permit application; the trial court dismissed his statutory appeal and entered judgment on the MDJ’s conviction under Pa. R.Crim. P. 462(D).
On appeal to this Court (pro se), Creighan raised procedural/IPMC challenges and a Sixth Amendment/Board of Appeals claim; the Court affirmed, holding his claims waived by failure to appear and by not presenting them at the trial-court hearing or via an affidavit showing good cause for absence.

Issue	Plaintiff's Argument (Creighan)	Defendant's Argument (Commonwealth/Borough)	Held
Whether notice of violation required by IPMC §§107.2/107.3 was valid	Borough did not issue/serve a proper notice as required	Borough introduced notice and ordinance at hearing	Waived — Creighan failed to preserve by not appearing/arguing at final hearing; appeal affirmed
Whether violation under IPMC §106.3 supported after citation under §106.2 and condemnation procedures were followed	Borough failed to follow IPMC condemnation (Ch. 94) and notice/hearing procedures before criminal charges	Borough followed enforcement steps and presented evidence; procedural compliance contested but not pursued at trial level	Waived — not litigated at the final hearing; appeal affirmed
Whether Creighan’s Sixth Amendment rights denied because he could not appeal to IPMC Board of Appeals under §111.1	Denial of right to appeal to Board of Appeals	Remedy lies in properly preserving appeal and presenting claim at trial level	Waived — claim not preserved; appeal affirmed
Whether dismissal of summary appeal for failure to appear was proper under Pa. R.Crim. P. 462(D)	Creighan later asserted reasons for absence on appeal (unverified in brief)	Rule allows dismissal when defendant absent without cause; new hearing possible only with affidavit showing prima facie good cause	Held: Dismissal proper; appellate assertions unverified are insufficient to obtain new hearing; appeal affirmed

Slomnicki v. Commonwealth, 773 A.2d 216 (Pa. Cmwlth. 2001) (scope of review on summary conviction appeals)
Akinsanmi v. Commonwealth, 55 A.3d 539 (Pa. Super. 2012) (dismissal of summary appeal is proper when defendant fails to appear without excuse)
Dixon v. Commonwealth, 66 A.3d 794 (Pa. Super. 2013) (new hearing may be warranted if appellant files affidavit on appeal showing prima facie good cause for failing to appear)
Erie Indemnity Co. v. Coal Operators Casualty Co., 272 A.2d 465 (Pa. 1971) (appellate court may not consider facts not part of the record)
Kemp v. Qualls, 473 A.2d 1369 (Pa. Super. 1984) (parties may not raise new theories on appeal that were not presented below)
Wright v. Department of Transportation, 596 A.2d 1241 (Pa. Cmwlth. 1991) (appellate court may affirm on any basis supported by the record)