City of Dayton v. Sheibenberger

Defendant-appellant, Thomas R. Sheibenberger, was the owner of real property at 230-232 Xenia Avenue in Dayton. On March 13, 1985, defendant’s premises were inspected by the city’s housing inspector. A minor misdemeanor citation tag was issued for having accumulated trash and/or debris in violation of the Dayton Code of General Ordinances (“Section 93.46”).

On April 11, 1985, the materials (several piles of lumber) had not been removed so a legal notice and order for compliance were issued. The notice was served by certified mail and by posting of the premises. The notice informed defendant of…