Appellate Court Upholds ‘Failure to Comply’ Guilty Verdict

The Cuyahoga County Court of Appeals upheld a guilty verdict in the case of a Lakewood businessman who ignored complaints by the city to reduce the number of parked cars at his auto service business near the corner of Madison Avenue and Bunts Road.

Charles Calanni, who owns , at 13728 Madison Ave., appealed his April 2011 misdemeanor conviction in .

The case stems from a city complaint that asserted that the business had too many cars parked in its parking lot. Calanna is allowed eight, stemming from a 1984 agreement, however city inspectors have often found at least a dozen parked cars on the premises, according to court records.

In December 2010, after “continued non-compliance,” the city issued Calanni a citation for “failure to comply with building violations” in violation of Lakewood Codified Ordinances 1306.99, according to court records.

Calanni argued that an off-street parking ordinance shouldn’t apply to his parking lot.

The city argued that Calanni wasn’t guilty of that offense, but rather of ignoring “a notice or neglect of maintenance” to reduce the number of cars.

On Friday, the appeals court agreed.

In his opinion, Judge James Sweeney wrote:

 “(The) defendant's argument is based on the mistaken belief that he was convicted of violating L.C.O. Chapter 1143 … Although the correction notice, as well as the citation, referenced L.C.O. Chapter 1143, the record is clear that defendant was found guilty of violating L.C.O. 1306.99.”

Calanni, who has owned the business since 1979, couldn't be reached for comment.

The appeals court ordered a “special mandate” directing the to carry out the judgment into execution.

“The defendant's conviction having been affirmed, any bail pending appeal is terminated,” according to Sweeney’s journal entry. “(The case is) remanded to the trial court for execution of sentence.”

Calanni faces up to a $1,000 fine for the first-degree misdemeanor.

This wasn’t the first time that the automotive shop appealed a conviction for a failure to comply with a notice of violation. The business appealed a 2011 conviction, but that guilty verdict was also upheld.

“He’s going to have to limit the number of cars in his lot to eight,” said Lakewood Law Director Kevin Butler. “But often, there’s triple that number.”

“Frankly, this has been a long time coming.”