| THE SECOND AMENDED
CHARTER OF THE CITY OF LAKEWOOD |
 |
Codified
Ordinances |
EDITOR’S NOTE: The Second Amended Charter was adopted on November 6, 2000. Dates appearing in parentheses following a section heading indicate those provisions were subsequently adopted, amended or repealed on the date given.
TABLE OF CONTENTS
ARTICLE I. POWERS
§1. Powers.
§2. Manner of Exercise.
§3. Interpretation.
ARTICLE II. THE EXECUTIVE
§1. Executive and Administrative Powers.
§2. Residency, Term and Qualifications of Mayor.
§3. Mayor Ex-Officio Director.
§4. Mayor’s Appointment Power. (11-5-02)
§5. Salary of the Mayor.
§6. General Powers and Duties of Mayor.
§7. Mayor’s Investigation.
§8. Acting Mayor.
§9. Location of Office; Full-Time Position.
§10. Right of Mayor and Directors in Council.
ARTICLE III. THE COUNCIL
§1. Membership, Election and Term.
§2. Qualifications and Vacancies.
§3. Salaries.
§4. Meetings.
§5. Organization and Open Meetings.
§6. President of Council.
§7. Clerk, Vice President and Other Officers of Council.
§8. Enactment of Ordinances and Resolutions.
§9. Voter Approval of Ordinances and Resolutions.
§10. Mayor’s Approval or Disapproval of Legislation.
§11. Recording of Legislation; Codified Ordinances.
§12. Publication.
§13. Effective Date of Legislation.
§14. Estimate of Expense; Appropriation Ordinances.
§15. Appropriations of Balance or Accruing Revenue Not Already Appropriated.
§16. Drawing Money from the Treasury; Unexpended Balances Revert.
§17. Bonds Required.
ARTICLE IV. DEPARTMENTS
§1. Departments Established.
§2. Directors of Departments.
ARTICLE V. DEPARTMENT OF PUBLIC WORKS
§1. Duties of Director.
§2. Public Improvements.
ARTICLE VI. DEPARTMENT OF PUBLIC SAFETY
§1. Divisions Established.
§2. Duties of Director.
§3. Organization.
§4. Assignment of Duties.
§5. Suspension from Duties.
§6. Suspension of Chiefs.
§7. Appeal from Suspension.
ARTICLE VII. DEPARTMENT OF LAW
§1. Qualifications and Duties of Director.
§2. Duties Imposed by State Law.
ARTICLE VIII. THE DEPARTMENT OF FINANCE
§1. Duties.
§2. Accounting Procedure.
§3. Reports.
§4. Certification.
§5. Funds Subject to Certification.
§6. Failure to Comply.
ARTICLE IX. DEPARTMENT OF PLANNING AND DEVELOPMENT
§1. Duties of Director.
ARTICLE X. DEPARTMENT OF HUMAN SERVICES
§1. Duties of Director.
ARTICLE XI. CIVIL SERVICE COMMISSION
§1. Appointment and Term of Members.
§2. President; Secretary.
§3. Classified and Unclassified Service.
§4. Procedure.
§5. Salaries.
§6. Suspension of Commission Member.
§7. Advisory Salary Recommendations.
ARTICLE XII. PLANNING COMMISSION
§1. Organization.
§2. Administrative Staff.
§3. Powers and Duties.
§4. Mandatory Referral.
ARTICLE XIII. BOARD OF ZONING APPEALS
§1. Organization.
§2. Powers and Duties.
ARTICLE XIV. BOARD OF BUILDING STANDARDS AND BUILDING
APPEALS
§1. Organization. (11-5-02)
§2. Powers and Duties.
ARTICLE XV. LAKEWOOD HOSPITAL
§1. Establishment; Board of Trustees.
§2. Term of Board Members.
§3. Duties and Powers of the Board.
§4. Lease Alternative.
ARTICLE XVI. IMPROVEMENTS AND ASSESSMENTS
§1. Local Improvements.
§2. Methods of Special Assessment.
§3. Preliminary Assessments.
§4. Notices Served.
§5. Plans and Proposed Improvements.
§6. Board of Revision of Assessments.
§7. Claims.
§8. Final Assessment.
§9. Damages Assessed.
§10. Work to be Done.
§11. Lands Unallotted or Not on Duplicate.
§12. Interest on Assessment Bonds.
§13. Limitation on Assessments.
§14. City’s Portion of Cost.
§15. Replacing Existing Improvements.
§16. Subsequent Improvements.
§17. Supplementary Assessments and Rebates.
§18. Sewer and Water Connections.
§19. Sidewalks.
§20. Further Proceedings Unnecessary.
§21. Assessment Bonds.
§22. Alterations or Modifications in Contract.
§23. Plat of Subdivision.
§24. Fee Shall Vest in City.
§25. Streets and Public Grounds.
§26. Alteration of Streets.
§27. Dedication of Streets.
§28. Vacation or Change of Name.
§29. Taxation Without Vote.
§30. Levy for Police and Firemen’s Disability and Pension Fund.
§31. Levy for Reconstruction, Expansion, Operation and Maintenance
of a Sewer Disposal Plant.
ARTICLE XVII. APPROPRIATION OF PROPERTY
§1. Appropriation.
§2. Declaratory Resolution.
§3. Notice.
§4. Further Proceedings.
ARTICLE XVIII. FRANCHISES
§1. Grant.
§2. Renewals.
§3. Extension.
§4. Consents.
§5. Regulations.
ARTICLE XIX. ELECTIONS
§1. Regular and Special Municipal Elections. (11-5-02)
§2. Primary Elections. (11-5-02)
§3. Election Procedures. (11-5-02)
§4. Certificate of Nomination When No Primary is Held. (11-5-02)
§5. Designation of Candidates. (11-5-02)
§6. Declarations of Candidacy. (11-5-02)
§7. Ballot Form. (11-5-02)
§8. Nomination and Election of Judges. (11-5-02)
ARTICLE XX. INITIATIVE.
§1. Right to Initiative.
§2. Form of Petition.
§3. Signatures to Petition.
§4. Filing of Petition.
§5. Additional Signatures.
§6. Hearing by Council Committee.
§7. Action by Council.
§8. Power of Council.
§9. Certification; Supplemental Petition.
§10. Submission to Electors.
§11. Ballot Form.
§12. Repealing Ordinances.
§13. Publication, Amendment or Repeal.
ARTICLE XXI. REFERENDUM
§1. Right to Referendum.
§2. Form of Petition.
§3. Signatures to Petition.
§4. Filing of Petition.
§5. Additional Signatures.
§6. Procedure.
§7. Ballot Form.
§8. Majority Vote.
§9. Enactments Not Subject to Referendum.
§10. Initiated Ordinance Subject to Referendum.
§11. Referendum of Measures Taking Early Effect.
§12. Acts Preliminary to Election.
ARTICLE XXII. RECALL
§1. Recall Procedure.
§2. Petitions.
§3. Signatures.
§4. Filing and Certification.
§5. Supplemental Petitions.
§6. Recall Election.
§7. Ballots.
§8. Succeeding Officer.
§9. State Law Governs Where No Charter Provision.
ARTICLE XXIII. GENERAL PROVISIONS
§1. Continuance of Present Officers.
§2. Oath of Office.
§3. Activity of Officials and Employees Restricted.
§4. Continuance of Contracts.
§5. Continuance of Other Enactments.
§6. Amendments.
§7. Severability.
§8. Charter Review Commission.
§9. Exceptions for Bonds, Notes and Other Debt Instruments.
THE SECOND AMENDED CHARTER
OF THE
CITY OF LAKEWOOD
We, the people of the City of Lakewood, in the County of Cuyahoga and State of Ohio, in order that we may have the benefits of municipal home rule and exercise all the powers of local self-government, do frame and adopt this Charter for the government of the City.
SECTION 1. POWERS.
The City shall have all power now or hereafter granted to municipalities
by the Constitution and laws of the State.
SECTION 2. MANNER OF EXERCISE.
All powers shall be exercised in the manner prescribed by this Charter,
or if not prescribed herein, then in such manner as shall be provided by
ordinance or resolution of Council. The powers of the City may also be exercised,
except if a contrary intent or implication appears in this Charter or in
the enactments of Council, in such manner as may now or may hereafter be
provided by general law.
SECTION 3. INTERPRETATION.
Words and phrases used in this Charter shall, unless the context clearly
requires otherwise, be interpreted in the same manner as provided in the
Ohio Revised Code relating to the interpretation of the statutes of the
State. As used in this Charter, the term "general law" means and
includes the Constitution and statutes of the State, together with the rules
and regulations promulgated pursuant to the State Constitution and statutes.
SECTION 1. EXECUTIVE AND ADMINISTRATIVE POWERS.
The executive and administrative powers of the City shall be vested in the
Mayor, directors of departments, and other administrative officers provided
for in this Charter or by ordinance.
SECTION 2. RESIDENCY, TERM AND QUALIFICATIONS OF MAYOR.
The Mayor shall be elected for a term of four (4) years, commencing on the
first day of January next following his or her election, shall have been
for at least one (1) year immediately prior to the date of taking office
both a resident of the City and a qualified elector of the City, and shall
continue as both a resident and qualified elector of the City during his
or her term of office.
SECTION 3. MAYOR EX-OFFICIO DIRECTOR.
The Mayor, subject to the provisions of this Charter, shall be ex officio
the Director of Public Safety and, as such and to that extent, shall exercise
all powers and perform all duties delegated to and conferred upon the Director
of Public Safety by this Charter, by ordinance, and by general law.
SECTION 4. MAYOR’S APPOINTMENT POWER.
The Mayor shall appoint, with approval of Council, and may remove, if and
when the office is created, the Director of Public Safety, and shall appoint,
with the approval of Council, and may remove the Director of Public Works,
the Director of Law, the Director of Finance, the Director of Planning and
Development, the Director of Human Services and the Health Commissioner.
The Mayor shall make all other appointments under the provisions of this
Charter not herein otherwise provided for by general law or ordinance; such
appointees shall serve until removed by the Mayor or until their respective
successors are appointed and qualified.
(Amended 11-5-02.)
SECTION 5. SALARY OF THE MAYOR.
The salary of the Mayor shall be established by ordinance, provided that
such ordinance must be adopted not less than thirty (30) days prior to the
final date fixed by law for the filing of nominating petitions by candidates
for the office of Mayor for the ensuing term, and subject to further provisions
of this Charter. The biennial report of the Civil Service Commission shall
recommend the Mayor’s salary to the Council. Council shall accept,
reject or modify the Civil Service Commission’s recommendations within
60 days of its receipt. No modification can increase the salary recommendations
for the Mayor. No recommendation under this Section shall have any effect
without Council action. No change in the base salary for the Mayor shall
take effect during the current term, except that in January of odd numbered
years, and in any year in which the base salary is not changed pursuant
to the recommendations of the Civil Service Commission, the salary of the
Mayor shall be increased by the same percentage as used for the last preceding
increase in Social Security payments.
(Amended 11-8-05)
SECTION 6. GENERAL POWERS AND DUTIES OF MAYOR.
The Mayor shall be the chief conservator of the peace within the City; shall
supervise the administration of the affairs of the City; shall see that
all ordinances of the City are enforced; shall recommend to the Council
for adoption such measures as the Mayor may deem necessary or expedient;
shall keep Council advised of the financial condition and future needs of
the City; shall prepare and submit to Council such reports as may be required
by that body; and shall exercise such powers and perform such duties as
are conferred or required by this Charter, by ordinance or resolution of
Council, or by general law.
SECTION 7. MAYOR’S INVESTIGATION.
The Mayor may, without notice, cause the affairs of any department or the
conduct of any officer or employee to be examined. The Mayor or any person
or persons appointed by the Mayor to examine the affairs of any department
or the conduct of any officer or employee, shall have the same power to
compel the attendance of witnesses, and the production of books and papers
and other evidence and to cause witnesses to be punished for contempt through
appropriate judicial proceedings, as is conferred upon the Council or a
committee thereof by this Charter or by law.
SECTION 8. ACTING MAYOR.
(A) If the Mayor’s office becomes vacant, the following individuals
shall succeed to the office in the following order: Director of Law, Director
of Finance, Director of Public Works, President of Council, and an elector
of the City chosen by Council.
(B) If a vacancy occurs more than two years and 105 days before the next
regular election to be held for the office of Mayor, a successor shall hold
office until the first day of January following the next regular municipal
election, as provided for in this Charter. If the Mayor-elect dies, resigns,
or removes his or her residence from the City, after election but before
taking office, the vacancy shall be filled by appointment made by Council
prior to the commencement of the term to be filled, and the person so appointed
shall hold office until the commencement of the new term for the office
of Mayor following the next regular municipal election. In either case,
a Mayor shall be elected for the unexpired term at the first regular municipal
election following such event.
(C) If that vacancy occurs two years and one hundred five days (2 years
and 105 days) or less before the next regular election to be held for the
office of Mayor, the successor shall hold office for the balance of the
term of the Mayor who is succeeded.
(D) If the Mayor is temporarily absent from the City, or becomes temporarily
disabled for any cause, the duties of the Mayor shall be performed during
such absence or disability by one of the officials named, and in the order
provided, in this Section, under the title of Acting Mayor.
SECTION 9. LOCATION OF OFFICE; FULL-TIME POSITION.
The Mayor’s office shall be located at City Hall. The Mayor is to
serve the City on a full-time basis. While the Mayor shall devote his or
her primary time and attention to the business of the City, holding the
office of the Mayor does not necessarily preclude limited outside employment,
provided that such outside employment does not conflict or interfere with
carrying out the duties assigned by this Charter or general law, or otherwise
violate any provision of this Charter or general law.
SECTION 10. RIGHT OF MAYOR AND DIRECTORS IN COUNCIL.
The Mayor and the directors of all departments established by this Charter,
or that may be established by ordinance, shall be entitled to participate,
as provided herein, in meetings of Council. The Mayor shall be entitled
to introduce ordinances and resolutions and shall be entitled to take part
in the discussion of all matters coming before Council. The directors of
departments shall be entitled to take part in all discussions in Council
relating to their respective departments.
SECTION 1. MEMBERSHIP, ELECTION AND TERM.
The legislative powers of the City, except as limited by this Charter, shall
be vested in a Council consisting of seven (7) members, one (1) of whom
shall be a resident of and elected from each of the four (4) wards in the
City and three (3) of whom shall be elected at large. All members of Council
shall serve for a term of four (4) years commencing on January 1 of the
year following the date of the member’s election.
SECTION 2. QUALIFICATIONS AND VACANCIES.
Each member of Council shall have been for at least one (1) year immediately
prior to the date of taking office both a resident and qualified elector
of the City. Each member of Council elected from a ward of the City shall
be a resident of the ward from which such member was elected. All members
of Council shall continue to be residents and qualified electors of the
City and, if elected or appointed from a ward, shall be and continue to
be a resident of that ward. Any member who ceases to possess such qualifications
shall forthwith forfeit his or her office. Vacancies in Council shall be
filled by the remaining members thereof, provided that in the event Council
does not so appoint a successor within sixty (60) days of the occurrence
of a vacancy, the Mayor may fill the vacancy. Such appointee shall hold
office for the unexpired term of the member in whose office the vacancy
occurs or until his or her successor is elected and qualified. A successor
shall be elected at the next regular municipal election, provided that such
vacancy occurs more than two years and one hundred five days (2 years and
105 days) prior to the date of such election. Any vacancy that results from
a recall election shall be filled in the manner provided by Article XXII
of this Charter.
SECTION 3. SALARIES.
The salaries of the members of Council shall be established by ordinance,
provided that such ordinance must be adopted not less than thirty (30) days
prior to the final date fixed by law for the filing of nomination petitions
by candidates for the office of member of Council of the City for the next
succeeding term, and subject to further provisions of this Charter. The
biennial report of the Civil Service Commission shall recommend the Council
salaries to Council. Council shall accept, reject or modify the Civil service
Commission’s recommendations within 60 days of its receipt. No modification
can increase the salary recommendations for the Members of Council. No recommendation
under this Section shall have any effect without Council action. The salary
of a specific member of Council shall not be increased or decreased during
the term in which any change in the salary is made.
(Amended 11-8-05)
SECTION 4. MEETINGS.
At seven-thirty (7:30) p.m. on the first Monday in January following each
regular municipal election or, if such Monday falls on a Holiday, on the
first Tuesday, Council shall meet at the usual place of holding such meetings,
at which time the Council shall elect its officers for the next two years.
Thereafter Council shall meet at such times as may be prescribed by its
rules, or by ordinance or resolution. The President and Vice President of
Council shall each be elected by a majority vote of Council. The member
of Council present who has the longest consecutive tenure of office shall
preside over the organizational meeting until the President of Council is
elected. The Mayor, President of Council, or any three (3) members thereof
may call special meetings of the Council upon written notice served personally
upon each member or at his or her usual place of residence, at least six
hours previous to the time fixed for such meeting. Any such request for
special meeting shall state the subject or subjects to be considered at
the meeting and no other subject shall be there considered.
SECTION 5. ORGANIZATION AND OPEN MEETINGS.
The Council shall be the judge of the election and qualification of its
members. A majority of all the acting members elected shall be a quorum
to do business but a less number may adjourn from day to day and compel
the attendance of absent members in such manner and under such penalties
as may be prescribed by ordinance. The affirmative vote of a majority of
the acting members of Council shall be necessary to adopt any ordinance
or resolution and on the passage thereof a vote shall be taken by yeas and
nays and entered upon the journal. The Council shall determine its own rules
and order of business and shall keep a journal of its proceedings. All meetings
of the Council or committees thereof shall be open to the public, except
that Executive Sessions may be held in accordance with the Ohio Revised
Code. Any citizen shall have access to the minutes and records thereof at
all reasonable times.
SECTION 6. PRESIDENT OF COUNCIL.
The President of Council shall preside at all meetings of Council and shall
perform such duties as may be imposed by Council upon its presiding officer
and such duties as imposed upon that office by this Charter. The President
of Council shall have the same right to vote on all matters presented to
Council as any other member of Council.
SECTION 7. CLERK, VICE PRESIDENT AND OTHER OFFICERS OF COUNCIL.
The Council shall choose a Clerk of Council and such other officers and
employees it shall determine to be necessary. The Clerk of Council shall
keep the records of the Council and perform such other duties as may be
required by this Charter or by Council. All officers, other than the Vice
President of Council, and employees so chosen under this Section of the
Charter shall serve at the pleasure of Council. Council shall elect a Vice
President of Council, who shall, in the event of a vacancy in the office
of or the temporary absence or disability of the President of Council, serve
as Acting President of Council and shall exercise the powers and perform
the duties of the President of Council until the vacancy in the office of
President of Council is filled by Council or until the temporary absence
or disability of the President of Council ends.
SECTION 8. ENACTMENT OF ORDINANCES AND RESOLUTIONS.
Each proposed ordinance or resolution shall be introduced in written or
printed form and shall not contain more than one subject, which shall be
clearly stated in the title; but general appropriation ordinances may contain
the various subjects and accounts for which moneys are appropriated. On
the passage of each ordinance or resolution the vote shall be taken by yeas
and nays and entered upon the Journal. No resolution of a permanent character
or ordinance shall be passed until it has been read by title only, unless
a majority shall request that it be read in its entirety on three (3) separate
days unless the requirement of reading on three (3) separate days has been
dispensed with by a two-thirds (2/3) vote of all of the members elected
to Council taken by yeas and nays and entered upon the Journal, but no ordinance
or resolution shall under any circumstances be adopted or passed unless
it has been read on three (3) separate days, (a) which changes the amount
of salary or compensation for any elected officer of the City, (b) which
amends any zoning ordinance, (c) which grants, renews or extends a franchise
or other special privilege, (d) which regulates the rate to be charged by
a public utility for its services. The enacting clause of all ordinances
passed by the Council shall be "Be it ordained by the City of Lakewood."
The enacting clause of all ordinances submitted by the initiative shall
be "Be it ordained by the people of the City of Lakewood." No
ordinance or resolution or section thereof shall be revised or amended unless
the new ordinance or resolution contains the entire ordinance or resolution
or section to be revised or amended, and the ordinance, resolution, section
or sections so amended shall be repealed.
SECTION 9. VOTER APPROVAL OF ORDINANCES AND RESOLUTIONS.
Any ordinance or resolution listed below in paragraph (a) through (e) shall
not become effective, after passage thereof, until Council submits such
ordinance or resolution to the electorate at a regular Municipal or general
election occurring more than 60 days after the passage of the ordinance
or resolution, and such ordinance or resolution is approved by a majority
of the electors voting thereon in the City;
(a) one providing for an increase in the rate of municipal income tax charged
on taxable income within the City under the municipal income tax provisions;
(b) one providing for a reduction in the resident income tax credit for
residents of the City under the municipal income tax provisions;
Any ordinance or resolution listed below in paragraph (a) through (e) shall
not become effective, after passage thereof, until Council submits such
ordinance or resolution to the electorate at a regular Municipal or general
election occurring more than 60 days after the passage of the ordinance
or resolution, and such ordinance or resolution is approved by a majority
of the electors voting thereon in the City;
(a) one providing for an increase in the rate of municipal income tax charged
on taxable income within the City under the municipal income tax provisions;
(b) one providing for a reduction in the resident income tax credit for
residents of the City under the municipal income tax provisions;
(Amended 11-8-05)
(c) one providing for an increase in the basic water rates charged before
any exemption for water customers in excess of any cost increase incurred
by the City from the City of Cleveland or any other entity supplying water
to the City;
(d) one providing for an increase in the water customer service charge for
water customers;
(e) one providing for an increase in the salary of the Mayor, or any member
of Council in any capacity.
SECTION 10. MAYOR’S APPROVAL OR DISAPPROVAL OF LEGISLATION.
Any ordinance or resolution passed by Council shall be signed by the presiding
officer and presented to the Mayor by the Clerk of Council. If the Mayor
approves the ordinance or resolution, the Mayor shall sign it within ten
(10) days after its passage or adoption. If the Mayor does not approve it,
the Mayor shall return it to the Council with a statement of objections
to such measure within said ten (10) days, or if Council is not then in
session, at the next regular meeting thereof, which objections Council shall
cause to be entered in its minutes. If the Mayor does not sign or disapprove
an ordinance or resolution within the time specified, it shall take effect
in the same manner as if the Mayor had signed it. The Mayor may approve
or disapprove the whole or any item or part of any ordinance or resolution
appropriating money, but otherwise the approval or disapproval shall be
addressed to the entire ordinance or resolution. When the Mayor refuses
to sign an ordinance or resolution or part thereof and returns it to Council
with objections, Council shall not later than the next regular meeting proceed
to reconsider it, and, if upon consideration the ordinance or resolution
or part or item thereof disapproved by the Mayor is approved by the vote
of at least five (5) members of Council, it shall then take effect as if
it had received the signature of the Mayor.
SECTION 11. RECORDING OF LEGISLATION; CODIFIED ORDINANCES.
All ordinances or resolutions upon their final passage or adoption shall
be recorded in a book kept for that purposes and shall be authenticated
by the signatures of the presiding officer and the Clerk of Council. Ordinances
of a general and permanent nature shall, after their effective date, be
incorporated into the Codified Ordinances of the City, which shall include,
in such form as Council shall prescribe, a record of all ordinances of a
general and permanent nature organized and maintained in such manner as
to be available for public inspection at all reasonable times.
SECTION 12. PUBLICATION.
The Council may prescribe the manner of giving public notice of the enactment
of any and all ordinances, resolutions or other acts, procedures, statements,
including financial statements, or reports required by law to be published
or given; provided, however, that such manner prescribed by Council shall
include posting copies thereof, for a period of not less than fifteen (15)
days, in not less than five (5) of the most public places in the City, which
places shall be determined by Council.
SECTION 13. EFFECTIVE DATE OF LEGISLATION.
(A) Each ordinance or resolution providing for the appropriation of money,
an improvement petitioned for by a majority of the owners of property to
be benefited and specially assessed therefor, or any ordinance or resolution
as to which Council provides, by the affirmative vote of at least five (5)
of its members, for reasons stated in a separate section or preamble thereof,
for the immediate effectiveness thereof, shall take effect, unless a later
date is specified therein, upon its passage or adoption and approval by
the Mayor, or upon the expiration of the time within which it may be disapproved
by the Mayor, or upon its passage or approval notwithstanding the disapproval
by the Mayor, as the case may be, as provided in Section 10 of Article III
of this Charter. Notwithstanding the preceding sentence, ordinances or resolutions
of the character described in Section 8 of this Article III shall not be
subject to such action by Council.
(B) No other ordinance or resolution shall become effective until forty
(40) days after (a) its passage or adoption and approval by the Mayor, (b)
the expiration of the time within which it may be disapproved by the Mayor,
or (c) its passage or adoption notwithstanding the disapproval by the Mayor,
as the case may be, as provided in Section 10 of this Article III.
SECTION 14. ESTIMATE OF EXPENSE; APPROPRIATION ORDINANCES.
The fiscal year of the City shall begin the first day of January. On or
before the fifteenth day of November in each year, the Mayor Director of
Public Works and Director of Finance shall prepare an estimate of the expense
of conducting the affairs of the City for the following year; this estimate
shall be compiled from detailed information obtained from the various departments
on uniform blanks prepared by the Director of Finance, and shall set forth:
(a) An itemized estimate of the expense of conducting each department;
(b) Comparisons of such estimates with the corresponding items of expenditures
for the last two complete fiscal years and with the expenditures of the
current fiscal year plus an estimate of expenditures necessary to complete
the current fiscal year;
(c) Reasons for proposed increases or decreases in such items of expenditures
compared with the current fiscal year;
(d) A separate schedule for each department showing the things necessary
for the department to do during the year and which of any desirable things
it ought to do if possible;
(e) Items of payroll increases as either additional pay to present employees,
or pay for more employees;
(f) An itemization of all anticipated revenue from taxes and other sources;
(g) The amounts required for interest on the City's debt, and for bond retirement
funds as required by law;
(h) The total amount of the outstanding City debt with a schedule of maturities
of bond issues and any other long-term financial obligations of the City;
(i) Such other information as may be required by Council. Upon receipt of
the estimate, Council shall thereafter pass, taking the estimate into consideration,
temporary or permanent appropriation ordinances as provided by general law.
No money, from whatever source derived, shall be appropriated for use by
or at the direction of individual members of Council. Provision shall be
made for public hearings upon the proposed appropriation ordinance before
a committee of Council or before the entire Council sitting as a committee
of the whole.
SECTION 15. APPROPRIATIONS OF BALANCE OR ACCRUING REVENUE NOT ALREADY
APPROPRIATED.
Any accruing revenue of the City not appropriated as hereinbefore provided,
and any balance at any time remaining after the purposes of the appropriation
shall have been satisfied or abandoned, may from time to time be appropriated
by Council to such uses as will not conflict with any uses for which specifically
such revenues accrued.
SECTION 16. DRAWING MONEY FROM THE TREASURY; UNEXPENDED BALANCES REVERT.
No money shall be drawn from the treasury of the City, nor shall any obligation
for the expenditure of money be incurred, except pursuant to appropriations
made by Council, and whenever an appropriation is so made the Clerk of Council
shall forthwith give notice to the Director of Finance. At the end of each
year, all unexpended balances of appropriations shall revert to the respective
funds from which the same were appropriated and shall then be subject to
future appropriation; but appropriations may be made in furtherance of improvements
or other objects or work of the City that will not be completed within the
current year. Money appropriated as hereinbefore provided shall not be used
for purposes other than those designated in the appropriation ordinance
without authority from Council.
SECTION 17. BONDS REQUIRED.
Council shall establish the amount of bond to be given by each officer,
clerk and employee in each department of the City government, if any be
required; which bond shall be given by such officer, clerk or employee with
surety to the approval of the Mayor. Premiums on such official bonds may
be paid by the City.
ARTICLE IV. DEPARTMENTS
SECTION 1. DEPARTMENTS ESTABLISHED.
The following departments are hereby established by this Charter: a Department
of Public Works, a Department of Public Safety, a Department of Law, a Department
of Finance, a Department of Planning and Development, and a Department of
Human Services. Council shall provide for the organization of such departments.
Council shall have the power to establish additional departments as the
public service may require.
SECTION 2. DIRECTORS OF DEPARTMENTS.
Unless otherwise provided in this Charter, the head of each department shall
be a director, appointed by the Mayor, and shall serve at the Mayor’s
pleasure until removed by the Mayor or until his or her successor is appointed
and is qualified to serve. Each director shall administer his or her department
in accordance with this Charter, applicable ordinances, and rules and regulations
made by the Mayor pursuant thereto, and otherwise in accordance with law.
Each director shall, subject to applicable civil service regulations, appoint,
promote, transfer, reduce or remove heads of divisions and officers and
employees within such director’s department.
ARTICLE V. DEPARTMENT OF PUBLIC WORKS
SECTION 1. DUTIES OF DIRECTOR.
The Director of Public Works shall: (a) Have charge of the construction,
improvement, repair and maintenance, including engineering and inspection
in connection therewith, of: streets and other public highways, sidewalks,
wharves, docks, and landings; sewers, drains, ditches, culverts, canals,
streams, watercourses and harbors; public buildings; the water works; parks,
playgrounds, boulevards, cemeteries, squares and other public places and
grounds belonging to the City or dedicated to public use;
(b) Manage and control any public markets, sewage disposal plants, and all
public utilities of the City supported in part or in whole by taxation and
shall enforce all the obligations of privately owned or operated public
utilities enforceable by the City; and
(c) Have charge of the making and preservation of all surveys, maps, plans,
drawings and estimates for any public work; the cleaning, sprinkling and
lighting of streets and public places; the collection and disposal of waste;
the preservation of contracts, papers, tools and appliances belonging to
the City and pertaining to the functions of the Department.
SECTION 2. PUBLIC IMPROVEMENTS.
(A) Public improvements, works and repairs of all kinds, except those relating
to Lakewood Hospital, shall be made by the Department of Public Works, either
by direct employment of labor and the purchase of the necessary supplies
and material, with separate accounting as to each improvement so made, or
by contract. Council shall determine by which method any improvement shall
be made. All such contracts shall be executed in the name of the City by
the Director of Public Works only after approval by Council.
(B) All such contracts entailing expenditures by the City in excess of a
dollar amount as may be specified by ordinance shall be awarded to the lowest
and best bidder after approval by Council and after competitive bidding,
unless competitive bidding is determined by Council not to be required.
Council may prescribe the procedures for competitive bidding, and determine
the circumstances, if any, under which competitive bidding shall not be
required.
(C) Unless Council provides otherwise, the general law shall govern with
respect to: the dollar amounts in excess of which competitive bidding shall
be required; the procedures for competitive bidding; and the circumstances
under which competitive bidding shall not be required. All contracts subject
to competitive bidding under this Division shall be awarded to the lowest
and best bidder after approval by Council.
ARTICLE VI. DEPARTMENT OF PUBLIC SAFETY
SECTION 1. DIVISIONS ESTABLISHED.
The Department of Public Safety shall be organized under at least three
divisions, which shall include:
(a) Division of Police.
(b) Division of Fire.
(c) Division of Housing and Building.
Council may establish other divisions within the Department.
SECTION 2. DUTIES OF DIRECTOR.
Unless Council creates the office of Director of Public Safety and establishes
the salary of such officer, the Mayor shall be ex officio the Director of
Public Safety. The Director shall make all necessary rules and regulations
for the government of the Department and the divisions thereof. The Director
shall enforce all police, fire, health, safety, and sanitary regulations
that may be prescribed by ordinances or rules of the City or by general
law.
SECTION 3. ORGANIZATION.
The Divisions of Police and Fire shall each be under the charge of a Chief,
and the Division of Housing and Building shall be under the charge of a
Commissioner. Each division shall be further composed of such officers and
employees as may be provided by ordinance. In case of disaster, riot, conflagration
or epidemic the Mayor may appoint additional police officers, firefighters
or other officers and employees for temporary service.
SECTION 4. ASSIGNMENT OF DUTIES.
The chief, commissioner or inspector of each division shall have exclusive
control of the assignment of duties and stationing of all other officers
and employees of the division, under such rules and regulations as the Director
of Public Safety may prescribe.
SECTION 5. SUSPENSION FROM DUTIES.
The chiefs or commissioners of all divisions shall have the exclusive right
to suspend any of the officers or employees in their respective divisions
who are under their management and control, for incompetence, gross neglect
of duty, gross immorality, habitual drunkenness, failure to obey orders
given by the proper authority, or for any other just and reasonable cause.
If any officer or employee is suspended, as herein provided, the chief of
the division concerned shall forthwith in writing certify the fact, together
with the cause for the suspension, to the Director of Public Safety, who
within five days from the receipt thereof shall proceed to inquire into
the cause of such suspension and render judgment thereon, which judgment,
if the charge be sustained, may be suspension, reduction in rank, or dismissal,
and such judgment in the matter shall be final, except as otherwise hereinafter
provided. The Director of Public Safety, in any such investigation, may
administer oaths and secure the attendance of witnesses, and the production
of books and papers.
SECTION 6. SUSPENSION OF CHIEFS.
The Director of Public Safety shall have the exclusive right to suspend
the chief, commissioner, or inspector of any division for incompetence,
gross neglect of duty, gross immorality, habitual drunkenness, failure to
obey orders given by the proper authority, or for any other just and reasonable
cause. If the Chief of Police or Fire, the Commissioner of Housing and Building,
or the head of any other division within the Department is so suspended,
the Director of Public Safety shall forthwith certify the fact, together
with the cause of such suspension, to the Civil Service Commission, which
within five days from the date of the receipt of such notice shall proceed
to hear such charges and render judgment thereon, which judgment shall be
final.
SECTION 7. APPEAL FROM SUSPENSION.
Any person in the Police, Fire, or Housing and Building Division, or any
other division within the Department, who is suspended, reduced in rank
or dismissed, may appeal from such decision to the Civil Service Commission
within ten (10) days from and after the date of such suspension, reduction
or dismissal. In such event the Director of Public Safety shall, upon notice
from the Commission of such appeal, forthwith transmit to the Commission
a copy of the charges and proceedings thereunder, and the Commission. shall
hear such appeal within ten (10) days from and after the filing of the same
with the Commission, and may affirm, disaffirm or modify the judgment; and
its judgment in the matter shall be final.
ARTICLE VII. DEPARTMENT OF LAW
SECTION 1. QUALIFICATIONS AND DUTIES OF DIRECTOR.
The Director of Law shall be an attorney at law admitted to practice in
the State, and shall be an elector of the City. The Director shall be the
legal advisor of and attorney and counsel for the City, and shall advise,
counsel, and prepare proposed legislation at the direction of any member
of Council, the Mayor and any director of an administrative department,
or on the request of any board or commission of the City, in matters relating
to their official duties. The Director shall prepare or direct the preparation
of all contracts, bonds and other instruments in writing in which the City
is concerned and shall endorse on each his or her approval of the form and
correctness thereof. The Director shall appoint such number of assistants
as Council may authorize and assign their duties.
(A) The Director shall be responsible for the prosecution of all cases brought
before the Municipal Court and shall perform any other duties prescribed
by this Charter, by ordinance, or by general law.
(B) The Director of Law shall prosecute or defend for and in behalf of the
City, all complaints, suits and controversies in which the City is a party,
and such other suits, matters and controversies as the Director shall by
Council be directed to prosecute or defend.
(C) Council or any member of Council, the Mayor, the director of any department,
or any officer, board or commission not included within a department, may
require the opinion of the Director of Law upon any question of law involving
their respective powers or duties.
(D) The Director of Law shall apply, in the name of the City, to a court
of competent jurisdiction for an order of injunction to restrain the misapplication
of funds of the City, or the abuse of its corporate powers, or the execution
or performance of any contract made in behalf of the City in contravention
of law, or which was procured by fraud or corruption.
(E) When an obligation or contract made on behalf of the City granting a
right or easement, or creating a public duty, is being evaded or violated,
the Director of Law shall likewise apply for the forfeiture or the specific
performance thereof as the nature of the case requires.
(F) In case any officer, board or commission fails to perform any duty required
by law, the Director of Law shall apply to a court of competent jurisdiction
for a writ of mandamus to compel the performance of such duty.
(G) In case the Director of Law, upon request of any taxpayer of the City,
fails to make any application provided for in the preceding three Subsections
such taxpayer may institute suit or proceedings for such purpose in his
or her own name on behalf of the City. No such suit or proceeding shall
be entertained by any court until the request of the Director of Law shall
first have been made in writing, nor until the taxpayer shall have given
security for the costs of the proceeding.
(H) No such action to enjoin the performance of a contract entered into,
or the payment of any bonds or notes issued by the City, shall be brought
or maintained unless commenced within one year from the date of such contract,
bond or notes.
(I) If the court hearing any such action is satisfied that the taxpayer
had good cause to believe his or her allegations were well-founded, or if
they are sufficient in law, it shall make such order as the equity and justice
of the case demands. In such case, the taxpayer shall be allowed his or
her costs, and if judgment be finally entered in the taxpayer’’s
favor, the taxpayer may be allowed as part of the costs a reasonable compensation
for his or her attorney.
SECTION 2. DUTIES IMPOSED BY STATE LAW.
In addition to the duties imposed upon the Director of Law by this Charter
or required of him or her by ordinance, the Director shall perform the duties
that are imposed upon city directors of law by general law, beyond the competence
of this Charter to alter or require.
ARTICLE VIII. THE DEPARTMENT OF FINANCE
SECTION 1. DUTIES.
The Director of Finance shall have charge of the Department of Finance and
the administration of the financial affairs of the City including the keeping
and supervision of all accounts, and the custody of all public money of
the City; the collection and receipt of money owed to the City; the issuance
of licenses; the collection of license fees; the control, funding and payment
of the public debt of the City; and such other duties as Council may require.
SECTION 2. ACCOUNTING PROCEDURE.
The Department of Finance shall maintain accounts showing the financial
transactions of all departments and offices of the City. The form of all
such accounts and the financial reports rendered to or by the Department
shall be prescribed by the Director of Finance or by Council. The accounts
and accounting procedure of the City shall be adequate to record all cash
receipts and disbursements, all revenue accrued and liabilities incurred,
and all transactions affecting the acquisition, custody and disposition
of assets, and for making such reports of the financial transactions and
conditions of the City as may be required by general law or by ordinance.
SECTION 3. REPORTS.
The Director of Finance shall periodically report as directed to Council,
to officials and to the public the recorded facts in such summaries and
analytical schedules in detailed support thereof, as shall be necessary
to show the full effect of such transactions for each fiscal year or part
thereof upon the finances of the City and in relation to each department
of the City government. The Director shall annually prepare and submit to
the Mayor and Council a recommended five-year financial plan for the City's
operating and capital needs. The Director’’s recommended financial
plan shall be prepared after consultation with the Mayor and the heads of
other City departments affected thereby, and such recommended financial
plan shall be advisory only and need not be followed in the adoption of
the City's tax budget, annual, temporary or supplemental appropriation measures
or ordinances, resolutions or other actions concerning capital programs
or permanent improvements.
SECTION 4. CERTIFICATION.
No contract, agreement, or other obligation, involving the expenditure of
money, shall be entered into by any officer of the City, nor shall any ordinance,
resolution, or order for the expenditure of money be passed by Council,
unless the Director of Finance first certifies that the money required for
such contract, agreement, obligation, or expenditure, is in the Treasury
or in the process of collection and is available for such purpose, as provided
by general law.
SECTION 5. FUNDS SUBJECT TO CERTIFICATION.
All moneys actually in the Treasury to the credit of the fund from which
they are to be drawn, and all moneys applicable to the payment of the obligation
or appropriation involved, that are anticipated to come into the Treasury
before the maturity of such contract, agreement or obligation, from taxes
or assessments, or from sales of service, products or byproducts or from
any City undertakings, fees, charges, accounts and bills receivable or other
credits in process of collection; and all moneys applicable to the payment
of such obligation or appropriation, which are to be paid into the Treasury
prior to the maturity thereof, arising from the sale or lease of lands or
other property, and moneys to be derived from lawfully authorized bonds,
notes or other debt obligations sold and in process of delivery shall be
deemed in the Treasury and subject to the certification referred to in Section
4 of this Article.
SECTION 6. FAILURE TO COMPLY.
All contracts, agreements, or other obligations and all ordinances, resolutions
and orders entered into or passed contrary to the provisions of the preceding
Sections shall be void, and no person whatever shall have any claim or demand
against the City thereunder, nor shall Council, nor any officer of the City
waive or qualify the limits fixed by such ordinance, resolution, or order
or fasten upon the City any liability whatever, in excess of such limits,
or release any party from compliance with this contract under such ordinance,
resolution or order.
ARTICLE IX. DEPARTMENT OF PLANNING AND DEVELOPMENT.
SECTION 1. DUTIES OF DIRECTOR.
The Director of Planning and Development shall have charge of the operation
of the Department of Planning and Development. Subject to the other provisions
of this Charter and the City's ordinances and resolutions, the Director
shall direct administrative matters with respect to the planning for and
development or redevelopment of the City. The Director shall undertake,
or cause to be undertaken, any and all actions necessary to furthering the
planned development of the City, including, but not limited to, the following:
(a) Making recommendations to the Mayor, Council and the Planning Commission
with respect to the City's comprehensive general plans for the development,
redevelopment and improvement of the City;
(b) The preparation of all plans, drawings and specifications that may be
required or are desirable to implement the City's comprehensive general
plans; or as may be required or be desirable with respect to specific locations
within the City;
(c) The preparation and administrative processing of applications for State,
federal or other financial assistance in connection with programs and projects
the purpose of which are to foster and promote planned community development
within the City, and the administration of such programs and projects for
the City;
(d) Reviewing and making recommendations to the Mayor, Council and the Planning
Commission, as appropriate, with respect to proposals for the development
or redevelopment of the City;
(e) Making recommendations to the Mayor, Council and the Planning Commission,
as appropriate, with respect to zoning rules, regulations, controls, and
design guidelines and standards which, in the Director's view, are necessary
or desirable to guide the development or redevelopment of the City. The
Director shall have such other powers and shall perform such other duties
and functions as are provided by or under this Charter or by Council, and
as directed by the Mayor.
ARTICLE X. DEPARTMENT OF HUMAN SERVICES.
SECTION 1. DUTIES OF DIRECTOR.
The Director of Human Services shall have charge of the operation of the
Department of Human Services, whose general purpose is to advance the humanitarian
goals of local government by providing services to persons of all ages and
administering intergenerational programs. The Director shall engage in programs
as authorized by ordinance, general law, and the budget approved by Council.
ARTICLE XI. CIVIL SERVICE COMMISSION
SECTION 1. APPOINTMENT AND TERM OF MEMBERS.
The Civil Service Commission shall consist of three members who are electors
of the City appointed pursuant to this Section. Members of the Commission
shall not hold any other office or position of employment with the City.
Not more than two members shall be adherents of the same political party.
The Mayor shall appoint two persons as members of the Civil Service Commission,
and Council shall appoint one member of the Civil Service Commission. Each
member of the Commission shall serve a term of three years and until his
or her successor has been appointed and qualified for office. The members
of the Commission shall be ineligible to be reappointed to succeed themselves
for more than one additional three (3) year term, unless the member is completing
a term for which he or she was appointed to fill a mid-term vacancy. The
appointing authority shall have the right to remove any member of the Commission
for cause.
SECTION 2. PRESIDENT; SECRETARY.
The Commission shall designate one of its members as President, and may
appoint a secretary.
SECTION 3. CLASSIFIED AND UNCLASSIFIED SERVICE.
The civil service of the City is hereby divided into the unclassified and
the classified service. (1) The unclassified service shall include:
(a) elected officers;
(b) directors of departments;
(c) members of all boards or commissions appointed by the Mayor or Council;
(d) the Clerk of Council and the Secretary of the Civil Service Commission;
(e) all employees of Lakewood Hospital; and
(f) unskilled labor and hourly rated personnel.
(2) The classified service shall comprise all positions not specifically
included in the unclassified service.
SECTION 4. PROCEDURE.
The Commission shall make, promulgate, prescribe and enforce rules for the
appointment, promotion, transfer, lay-off, reinstatement, suspension and
removal of employees in the classified service and such other rules as may
be necessary and proper for the enforcement of the merit system and for
the procedure of the Commission. The Commission shall keep a record of its
proceedings which shall be open to public inspection.
SECTION 5. SALARIES.
The salaries of the Commission shall be determined by Council, and a sufficient
sum shall be appropriated each year to carry out the civil service provisions
of this Charter.
SECTION 6. SUSPENSION OF COMMISSION MEMBER.
The Mayor may at any time suspend any Commission member for inefficiency,
neglect of duty, misfeasance, nonfeasance or malfeasance in office by first
giving to such Commission member a copy of the charges setting forth the
specific acts claimed to constitute the inefficiency, neglect of duty, misfeasance,
nonfeasance or malfeasance in office, and an opportunity shall be given
such Commission member to be publicly heard before Council, in person or
by counsel in his or her own defense. A Commission member may be removed
from office only upon the affirmative vote of the majority of Council hearing
such charges.
SECTION 7. ADVISORY SALARY RECOMMENDATIONS.
On or before July 1 of each even-numbered year, the Civil Service Commission
shall review and make a written report to Council, which report shall be
filed with the Clerk of Council and the Mayor, setting forth the Commission's
recommendations for the salary and other compensation to be established
for the offices of Mayor and members of Council. Article III, Section 3
and Article II, Section 5 of this Charter shall govern the recommendations
of the Commission.
(Amended 11-8-05)
ARTICLE XII. PLANNING COMMISSION
SECTION 1. ORGANIZATION.
(A) There shall be a City Planning Commission composed of seven members,
six of whom shall be electors of the City, and the seventh shall be the
person holding the office of City Engineer, who need not be an elector of
the City. Three members of the Commission shall be appointees of the Mayor,
and three members shall be appointees of Council. Each member of the Commission
shall serve until the expiration of his or her term, which shall be six
years. Members of the Commission shall be ineligible to succeed themselves
unless the member is completing a term for which he or she was appointed
to fill a mid-term vacancy. The appointing authority of the Commission member
may remove that member for cause.
(B) The Commission shall elect its own Chairperson and Vice Chairperson.
A majority of the Board shall constitute a quorum to do business.
(C) The Director of the Department of Planning and Development, or an employee
of the Department as the Director shall designate in a writing filed with
the Clerk of Council, shall be the Secretary to the Commission and shall
be responsible for the preparation of the docket and the minutes for all
Commission meetings and shall perform all other duties incident to the office
of the Secretary and such other duties as may be assigned to the Secretary
by the Commission. The Secretary shall have no vote.
SECTION 2. ADMINISTRATIVE STAFF.
The Director of Planning and Development and the Director’s staff
shall provide all administrative and support services to the Planning Commission;
and, in addition to his or her other powers, duties and functions, the Director
shall have such other duties and functions as directed by the Planning Commission
and as are not inconsistent with any provision of this Charter or any ordinance
of the City.
SECTION 3. POWERS AND DUTIES.
The Planning Commission shall make and adopt a general Plan for the development
and improvement of the City, and for any area outside of the City that,
in the judgment of the Commission, bears relation to the planning of the
City. No general plan or portions thereof or amendments thereto shall be
adopted by the Commission until after a public hearing thereon. So much
of the general plan as may be established or from time to time amended by
ordinance shall constitute the official map of the City. The Commission
shall also make plans and proposals for specific improvements and projects
that it deems desirable for the City and its surrounding area and recommend
them to the appropriate authority. These plans and proposals shall not become
a part of the general plan until adopted as such. The Commission may call
upon officers and employees of other departments and divisions of the City
for assistance in City planning. Each year, the Commission shall, if and
to the extent requested by the Mayor, assist the Mayor in the preparation
of a capital improvement budget and a comprehensive five-year capital improvement
program. The Commission shall take the initiative in planning for the City
and surrounding area. It may make such investigations, maps and studies
relating to the planning of the community as it may deem desirable. The
Planning Commission may recommend to the appropriate public authorities
or private agencies programs for the development and improvement of the
community, for the enactment of legislation pertaining thereto, for the
building of public structures and improvements and for the financing thereof.
The Commission, subject to the approval of Council, may enter into agreement
with other governmental or private agencies necessary or desirable for carrying
forward any of its purposes. In addition to those powers and functions as
provided in this Charter, the Planning Commission shall have such other
powers and functions as may be provided by Council. The Planning Commission
may establish rules and regulations for its own procedure not inconsistent
with this Section or any Ordinances of the City.
SECTION 4. MANDATORY REFERRAL.
No public building, street, boulevard, parkway, park, playground, harbor,
dock, wharf, bridge, tunnel, publicly or privately owned utility or part
thereof shall be constructed or authorized to be constructed in the City,
nor shall any street, avenue, parkway, boulevard or alley be opened for
any purpose whatsoever, nor shall any street, avenue, parkway, boulevard
or alley be widened, narrowed, relocated, vacated, or its use changed, or
any ordinance referring to zoning or other regulations controlling the use
or development of land, be adopted unless and until it shall have been submitted
to the Planning Commission for report and recommendation. Any matter so
referred to the Planning Commission shall be acted upon by it within sixty
(60) days from the date of referral unless a longer time is allowed by Council.
If the Planning Commission shall fail to act within the time allotted, it
shall be deemed to have approved such matter. Any resolution, ordinance
or order so referred and disapproved by formal action of the Planning Commission
shall require a vote of five (5) members of Council for adoption or authorization.
If any plan, design or other proposal concerning the character, extent,
location or use of any public improvement or public property or change thereof
within the territorial limits of the City does not, under the law or Charter
provision covering same, fall within the province of Council or other official
or agency of the City, then the submission to the Planning Commission shall
be by the State, County, district, school, township or other official body,
board or commission having jurisdiction over such public improvement or
property in accordance with the provision of the general law. The Planning
Commission's disapproval may be overruled at any time after seven (7) days'
written notice by the excepting body to the Planning Commission stating
the reasons for such exception, adopted by at least two-thirds (2/3) of
such excepting body.
ARTICLE XIII. BOARD OF ZONING APPEALS
SECTION l. ORGANIZATION.
(A) The Board of Zoning Appeals shall be composed of five (5) members, who
shall be appointed for a term of five (5) years each. Three (3) members
of the Board shall be appointees of the Mayor, and two (2) members shall
be appointees of Council. Members of the Board shall be ineligible to succeed
themselves unless the member is completing a term for which he or she was
appointed to fill a mid-term vacancy. The appointing authority may remove
the appointed member for cause. The planning staff, the Division of Housing
and Building and the City Engineer shall furnish the necessary technical
advice and services required by the Board.
(B) The Board shall elect its own Chairperson and Vice Chairperson. A majority of the Board shall constitute a quorum to do business.
(C) The Director of the Department of Planning and Development, or an employee of the Department as the Director shall designate in a writing filed with the Clerk of Council, shall be the Secretary to the Board and shall be responsible for the preparation of the docket and the minutes for all Board meetings and shall perform all other duties incident to the office of the Secretary and such other duties as may be assigned to the Secretary by the Board. The Secretary shall have no vote.
SECTION 2. POWERS AND DUTIES. The Board of Zoning Appeals shall:
l. Hear and decide appeals from any regulation, order, decision, requirement,
or determination made by administrative officials or agents in the application
of ordinances governing zoning in the City.
2. Hear and decide all appeals made for variances in the application of
ordinances governing zoning in the City. No variance in the strict application
of the zoning ordinances of the City shall be granted by the Board of Zoning
Appeals unless it finds:
(a) That there exists practical difficulty or unnecessary hardship, fully
described in the findings of the Board, that would deprive the owner of
the reasonable use of the land or building involved;
(b) That there are special circumstances or conditions, fully described
in the findings of the Board, applying to such land or buildings and not
applying generally to land or buildings in the neighborhood, and that said
circumstances or conditions are such that strict application of the provisions
of the ordinances of the City would deprive the applicant of the reasonable
use of such land or buildings;
(c) That, for reasons fully set forth in the findings of the Board, the
granting of the variance is necessary for the reasonable use of the land
or building and that the variance granted by the Board is the minimum variance
that will accomplish this purpose;
(d) That the granting of the variance will be in harmony with the general
purpose and intent of the ordinances of the City and will not be injurious
to the neighborhood or otherwise detrimental to the public welfare;
3. Perform such other duties and functions as may be imposed upon it by
this Charter or by Council. The Board of Zoning Appeals may establish rules
and regulations for its own procedure not inconsistent with this Section
or any ordinances of the City.
ARTICLE XIV. BOARD OF BUILDING STANDARDS AND BUILDING APPEALS
SECTION 1. ORGANIZATION.
(A) There shall be a Board of Building Standards and Building Appeals, composed
of five (5) members, who shall be appointed for a term of five years each.
Three (3) members of the Board shall be appointees of the Mayor, and two
(2) members of the Board shall be appointees of Council. Members of the
Board shall be ineligible to succeed themselves unless the member is completing
a term for which he or she was appointed to fill a mid-term vacancy. The
appointing authority may remove any member for cause. The Planning and Development
Department, the Division of Building Inspection, and the City Engineer shall
furnish the necessary technical advice and services required by the Board.
(Amended 11-5-02)
(B) The Board shall elect its own Chairperson and Vice Chairperson. A majority
of the Board shall constitute a quorum to do business.
(C) The Director of the Department of Planning and Development, or an employee
of the Department as the Director shall designate in a writing filed with
the Clerk of Council, shall be the Secretary to the Board and shall be responsible
for the preparation of the docket and the minutes for all Board meetings
and shall perform all other duties incident to the office of the Secretary
and such other duties as may be assigned to the Secretary by the Board.
The Secretary shall have no vote.
SECTION 2. POWERS AND DUTIES.
The Board of Building Standards and Building Appeals may:
(a) Approve or disapprove materials, types of construction, appliances,
devices or appurtenances proposed for use pursuant to the Building Code
of the City.
(b) Make, amend, and repeal rules and regulations for carrying into effect
all provisions of the Building Code other than those relating to zoning
and include in such rules and regulations provisions applying to specific
conditions and prescribing means and methods of practice to effectuate such
provisions.
(c) Hear and decide appeals from, and to review upon motion of any member
of the Board, any order, requirement, decision or determination of the Building
Commissioner or of any other administrative official or agency of the City,
relating to the location, design, materials, construction, alteration, repair,
equipment, use or occupancy, maintenance, removal or demolition of any building
or other structure or any appurtenance connected or attached to such buildings
or structures, regulated by the Building Code of the City and any rule or
regulation or amendment or repeals thereof made by said officials or agencies
under the authority conferred upon them by the Building Code of the City,
by reversing or affirming in whole or in part, or modifying such order,
requirement, decision or determination, or rule, regulation, amendment or
repeal thereof as in its opinion ought to be made in the premises, and to
that end shall have the power of the officer or agency relative to whose
ruling the action is taken; except that matters relating to zoning shall
not come within the province or jurisdiction of this Board. In taking such
action, the Board of Building Standards and Building Appeals may vary or
modify the application of any provision of the Building Code except provisions
relating to zoning, to any particular case when, in its opinion, the enforcement
thereof would do manifest injustice, impose unnecessary hardship, or would
be contrary to the intent and purpose of the Building Code, or public interest.
(d) Review, upon the motion of any member of the Board, any rule, regulation
or decision of the Board; but no such review shall prejudice the rights
of any person who has in good faith acted thereon before it is reversed
or modified.
(e) Exercise with respect to building situated in the City the same powers
as are exercised by the Board of Building Standards under the laws of the
State to the extent that it is competent for this Charter so to authorize
the Board.
(f) Formulate and submit to Council, changes in and amendments to the Building
Code that the Board determines as desirable for the proper regulation of
buildings and structures and the equipment thereof and appurtenances thereto
in the City.
(g) Establish rules and regulations for its own procedure not inconsistent
with this Section or any ordinances of the City.
(h) Perform such other duties and functions as may be imposed upon it by
this Charter or by Council. Any member of the Board of Building Standards
and Building Appeals may subpoena and require the attendance of witnesses,
administer oaths and compel testimony and the production of books, papers,
and other evidence pertinent to any issue before the Board.
SECTION 1. ESTABLISHMENT; BOARD OF TRUSTEES.
Council may by ordinance establish a municipal hospital and for such purpose
may, in accordance with general law, issue and sell bonds in such amounts
as may be necessary for the procuring of the necessary real estate and the
erection, furnishing, equipping and maintaining said hospital or for the
purpose and acquisition of any existing hospital and its furnishings and
equipment . Any such hospital shall be operated, controlled and managed
by a Board of Trustees consisting of eighteen members, including the Mayor,
who shall serve as President of the Board, the Commissioner of Health, and
the member of Council who serves as Chairperson of Council's Hospital Committee.
The additional fifteen Trustees shall be appointed by the Mayor with the
approval of Council. No fewer than eight of such additional Trustees shall
be resident electors of the City. Members of the Board of Trustees shall
receive no compensation for their services as members of the Board.
SECTION 2. TERM OF BOARD MEMBERS.
The term of office of the appointed members of the Board shall be five
years. Three members shall be appointed each year for a full term of
five years. A majority of the acting members of the Board shall constitute
a quorum. The Mayor shall file any vacancies on the Board with the approval
of Council.
SECTION 3. DUTIES AND POWERS OF THE BOARD.
(A) The Board of Trustees shall have control and management of such hospital
and shall establish such rules for its government and the admission of persons
to its privileges as it deems expedient, and shall annually appoint the
professional staff as determined by approved hospital administration. The
Board shall also employ an administrator, department heads, and such assistants,
nurses, physicians and surgeons and such other employees as said Board deems
necessary, and fix their compensation, which compensation shall, however,
be subject to the approval of Council.
(B) The Board shall have control over all improvements to, work for, or repairs to said hospital as well as the purchase of all necessary supplies, material or equipment for said hospital. All work done for the repair or improvement of said hospital shall be made either by direct employment of labor and the necessary supplies and materials or by contract . The Board shall by resolution determine by which method any improvement shall be made. All such contracts shall be executed in the name of the City by the Hospital Administrator only after approval by the Board.
(C) All such contracts entailing expenditures by the City in excess of a certain dollar amount shall be awarded to the lowest and best bidder after approval by the Board and after competitive bidding, unless competitive bidding is determined by Council not to be required. Council may specify such certain dollar amount, prescribe the procedures for competitive bidding, and determine the circumstances, if any, under which competitive bidding shall not be required.
(D) Until Council takes those actions required by Division (C) of this Section, the general law shall govern with respect to the dollar amounts in excess of which competitive bidding shall be required; the procedures for competitive bidding; and the circumstances under which competitive bidding shall not be required. All contracts subject to competitive bidding under this Division shall be awarded to the lowest and best bidder after approval by the Board.
SECTION 4. LEASE ALTERNATIVE.
Notwithstanding any other provision of this Charter, including, without
limitation, those of this Article, Council, by ordinance duly passed by
the affirmative vote of at least five (5) of its members, may lease, pursuant
to a lease approved by the Board of Trustees, real and personal property
and transfer the non-capital assets of the municipal hospital established
pursuant to Section 1 of this Article, all as identified in such ordinance,
to a nonsectarian Ohio nonprofit corporation organized for charitable purposes.
Such power to lease may be exercised by Council from time to time, provided
that the term of each such lease shall not exceed thirty (30) years, with
the right in the lessee to renew for a like period of years. Each lease
entered into pursuant to this Section shall place the control, operation
and management of the hospital in the lessee and shall include such terms
and provisions as Council reasonably believes necessary to provide for the
health and welfare of the residents of the City, the protection of the employees
of the hospital and may require the lessee under such lease to include in
its governing body, representatives of the City. Control, operation and
management of such hospital during any period it is not under lease shall
be provided pursuant to Sections 1 through 3 of this Article. During the
terms of any lease pursuant to this Section, no provision of this Charter
shall be applicable to the lessee.
ARTICLE XVI. IMPROVEMENTS AND ASSESSMENTS
SECTION 1. LOCAL IMPROVEMENTS.
Council may provide for the construction, reconstruction, repair and maintenance,
by contract or directly by the employment of labor, of all things in the
nature of local improvements, and to provide for the payment of any part
of the cost of any such improvement by levying and collecting special assessments
upon abutting, adjacent and contiguous or other specially benefitted property.
The amount assessed against the property specially benefitted to pay for
such local improvements shall not exceed the amount of benefits accruing
to such property. Any cost for such improvement in excess of any sum assessed
therefor shall be paid by the City.
SECTION 2. METHODS OF SPECIAL ASSESSMENT.
Special assessments upon property deemed benefitted by a public improvement,
shall be by any one of the following methods:
(a) By a percentage of the tax value of the property assessed;
(b) In proportion to the benefits which may result from the improvements;
(c) By the foot frontage of the property bounding and abutting upon the
improvement.
SECTION 3. PRELIMINARY ASSESSMENTS.
When it is deemed necessary to make a public improvement to be paid for
in whole or in part by special assessment, Council shall declare the necessity
thereof by resolution, and such resolution shall include the method of assessment,
the mode of payment, and the number of annual installments. Such resolution
shall thereupon be certified to the Director of Finance, who shall thereupon
proceed to make an assessment report, in accordance with the method of assessment
provided in the resolution, which report shall be filed with Council, and
shall show the lots and lands assessed, and the amount of the assessment
as to each. Such special assessment shall be payable in such number of annual
installments and at such times as the legislative authority prescribes,
provided that the number of annual installments of any assessment shall
not exceed the maximum maturity for which bonds may lawfully be issued in
anticipation thereof. If no period of such maximum maturity is specified
then the period for which such assessments shall be levied shall not be
less than one (1) year, but may not exceed the estimated life of the usefulness
of the improvement as certified by the Director of Finance.
SECTION 4. NOTICES SERVED.
Upon the filing of such report the Director of Finance shall cause written
notice to be served upon the owner of each lot or parcel of land assessed,
or upon the persons in whose name the same may be assessed for taxation
upon the tax duplicate, said notice to be served as is provided for service
of summons in civil actions; and as to all nonresidents and persons who
cannot be found, publication of such notice shall be as prescribed in Article
III, Section 12. Said notice shall contain a statement of the character
of the proposed improvement, the fact that the assessment report has been
filed with Council, the rate of such assessments, the number of installments,
and shall set a time and place when complaints and claims will be heard
before the Board of Revision of Assessments.
SECTION 5. PLANS OF PROPOSED IMPROVEMENTS.
At the time of the passage of the resolution hereinbefore provided there
shall be on file in the office of the Director of Public Works, plans, specifications,
estimates and profiles of the proposed improvement showing the proposed
grade of the street and improvement after completion, with reference to
the property abutting thereon, which plans, specifications, estimates and
profiles shall be open to the inspection of all persons interested.
SECTION 6. BOARD OF REVISION OF ASSESSMENTS.
The Board of Revision of Assessments shall consist of the Mayor, Director
of Law, the Director of Finance, the Director of Public Works and the President
of Council. The Mayor shall be the President of the Board and the Director
of Finance shall be the Secretary thereof; it shall meet at such times and
place as is provided by its rules, and shall hear all claims and objections
as to the character of all improvements to be paid for in part or in whole
by special assessments, the necessity therefor, and the equity of the assessments
as provided in the assessment report. A majority of those constituting the
Board of Revision of Assessments shall determine all complaints and objections
submitted to it, and as to each improvement the Board shall, after such
hearing, amend, equalize and adjust the assessment report, and shall report
its findings as to the necessity for the improvements and any amendments
it directs in the assessments, to Council.
SECTION 7. CLAIMS.
An owner of a lot or of land bounding and abutting upon a proposed improvement
claiming that he or she will sustain damage by reason of the improvement
shall present such claim to the Board of Revision of Assessments within
two weeks after the service of notice of the completion of the publication
hereinbefore provided. Such claim shall be in writing and shall set forth
the amount of damages claimed, with a general description of the property
with respect to which it is claimed the damage will accrue. Any owner who
fails so to do shall be deemed to have waived such damages and shall be
barred from filing a claim or receiving damages therefor. This provision
shall apply to all damages which will obviously result from the improvement,
but shall not deprive the owner of his or her right to recover damages arising
without his or her fault, from acts of the City or its agents. The Board
of Revision of Assessments shall report to Council all such claims for damages
filed with it.
SECTION 8. FINAL ASSESSMENT.
When the Board of Revision of Assessment shall have made its final report
to Council as to any improvement, if Council decides to proceed with the
improvement an ordinance for the purpose shall be passed. Such ordinance
shall set forth specifically the lots and lands to be assessed for the improvement,
shall contain a statement of the general nature of the improvement, the
character of the materials which may be bid upon therefor, the mode of payment
therefor, a reference to the resolution theretofore passed for such improvement
with date of its passage, and a statement of the intention of Council to
proceed therewith in accordance with such resolution and in accordance with
the plans, specifications, estimates and profiles provided for such improvement.
In setting forth specifically the lots and lands abutting upon the improvement
and to be assessed therefor, it shall be sufficient to describe them as
all the lots and lands abutting and abounding upon such improvement between
and including the terminal of the improvement, and in describing those which
do not so abut it shall be sufficient to describe the lots by their appropriate
lot numbers, and the lands by metes and bounds, and this rule of description
shall apply in all proceedings in which lots and lands are to be charged
with special assessment. Special assessments shall be payable by the owners
of the property assessed at the time stipulated in the ordinance, and shall
be a lien from the date of the assessment, upon the respective lots and
parcels of land assessed, enforceable in the manner provided by general
law.
SECTION 9. DAMAGES ASSESSED.
At the time of the passage of the ordinance determining to proceed with
the improvement as hereinbefore provided, Council shall determine whether
the claims for damages so filed shall be judicially inquired into before
commencing or after the completion of the proposed improvement. When claims
for damages are filed within the time limited, and Council having passed
an ordinance for making the improvement, determines that the damage shall
be assessed before commencing it, the Director of Law shall make a written
application for a jury, to a court of competent jurisdiction, or a judge
in vacation. The court or judge shall direct the summoning of a jury in
the manner provided for the appropriation of property and fix the time and
place for the inquiry and the assessment of such damages, which inquiry
and assessment shall be confined to such claim. The proceedings had relative
to such inquiry and determining of such damages shall be in the manner provided
by general laws for the appropriation of property to assess the amount of
damage in each particular case. When Council determines to assess the damages
after the completion of the improvement, for which a claim for damages has
been filed as hereinbefore provided, the Director of Law shall, within ten
(10) days after the completion of such improvement make written application
as hereinbefore provided in the case of the ascertainment of damages before
the improvement was made, and the same proceedings shall be had. No person
who claims damages arising from any cause shall commence a suit therefor
against the City until he or she shall have filed a claim for such damages
with the Director of Finance and sixty (60) days shall have elapsed thereafter,
to enable the City to take such steps as it may deem proper to settle or
adjust the claim; but this provision shall not apply to an application for
an injunction or other proceeding to which it may be necessary for such
applicant to resort in case of urgent necessity. No public improvement,
the cost or part of cost of which is to be specially assessed on the owners
of property, shall be made without the concurrence of three-fourths of the
members of Council elected thereto, unless the owners of a majority of the
foot frontage to be assessed petition in writing therefor in which event
Council, a majority of the members elected thereto concurring, may proceed
with the improvement in the manner provided herein.
SECTION 10. WORK TO BE DONE.
When Council shall have passed an ordinance directing an improvement to
be made, to be paid for in whole or in part by special assessments, the
Director of Public Works shall, as provided by ordinance, either directly
by the employment of labor, or by entering into a contract therefor as provided
by law, cause the improvement to be made.
SECTION 11. LANDS UNALLOTTED OR NOT ON DUPLICATE.
When special assessments are levied by the percentage of tax value of the
property assessed or by the foot frontage of the property bounding and abutting
upon the improvement, and there are lands subject to such assessment which
are not assessed for taxation, the Director of Finance shall fix, for the
purpose of such assessment, the value of such lots as they stand and of
such lands at such depths as the Director of Finance considers a fair average
of the depth of lots in the neighborhood, so that it will be a fair average
of the assessed value of other lots in the neighborhood , and where lands
are not subdivided into lots, but are assessed for taxation, the Director
of Finance shall fix the value and the depth in the same manner; but the
above rule shall not apply in making a special assessment according to benefits.
SECTION 12. INTEREST ON ASSESSMENT BONDS.
When bonds or notes are issued in anticipation of the collection of assessments,
the interest thereon shall be treated as part of the cost of the improvement
for which assessments may be made.
SECTION 13. LIMITATION ON ASSESSMENTS.
Council shall limit all assessments to the special benefits conferred upon
the property assessed, and in no case shall there be levied on any lot or
parcel of land any assessments for any or all purposes within a period of
five years, in excess of thirty-three and one-third percent (33-1/3%) of
the actual value thereof after the improvement is made. Assessments levied
for the construction of main sewers shall not exceed the sum that, in the
opinion of Council, would be required to construct an ordinary street sewer
or drain of sufficient capacity to drain or sewer the lots or lands to be
assessed for such improvement, nor shall any lots or lands be assessed that
do not need local drainage, or which are provided therewith.
SECTION 14. CITY'S PORTION OF COST.
The City shall pay such part of the cost and expense of improvements for
which such special assessments are levied, as Council deems just, which
part shall not be less than one-fiftieth of all such cost and expense; and
in addition thereto the City shall pay the cost of intersections; and Council
may provide for the payment of the City's portion of all such improvements
by the issuance of bonds or notes therefor, and may levy taxes, in addition
to all other taxes authorized by law, to pay such bonds or notes and the
interest authorized by law. Council may provide for the transferring to
the General Fund of such portion of the proceeds of special assessments
or of the proceeds of bonds issued in anticipation of the collection of
special assessments, and of the proceeds of bonds or notes issued or taxes
levied to provide funds for the payment of the City's share of the cost
of improvements, as is equal to the estimated cost of the engineering and
inspection done or to be done directly by the City in connection with said
improvement.
SECTION 15. REPLACING EXISTING IMPROVEMENTS.
Council may provide in whole or in part the cost of replacing any improvement
existing in a street at the time of the adoption of this Charter by levying
special assessments as hereinbefore provided, but any assessment for such
replacement in less than twenty (20) years from date of a prior assessment
for the improvement to be replaced shall be limited to a sum not in excess
of thirty-three and one-third percent (33-1/3%) of the cost of such improvement.
SECTION 16. SUBSEQUENT IMPROVEMENTS.
Every ordinance providing for an improvement to be paid for in whole or
in part by special assessments, passed subsequent to the adoption of this
Charter, shall contain an estimate by the Director of Public Works of the
life of the proposed improvement. Any assessment thereafter made for replacing
such improvement within such period of estimated life shall be limited to
a sum not in excess of thirty-three and one-third percent (33-1/3%) of the
cost of such replacement. Assessments for replacements at or after the expiration
of such estimated period of life shall be subject to no limitation except
as provided for assessments for original improvements.
SECTION 17. SUPPLEMENTARY ASSESSMENTS AND REBATES.
Upon the completion of any improvement, the Director of Finance shall rebate
to the then owner of the property which shall have been assessed.
SECTION 18. SEWER AND WATER CONNECTIONS.
The Director of Public Works may compel the making of sewer and water connections
whenever, in view of contemplated street improvements or as a sanitary regulation,
sewer or water connections should in the Director’s judgment be constructed.
The Director shall cause written notice of the Director’s determination
thereof to be given to the owner of each lot or parcel of land to which
such connections are to be made, which notice shall state the number and
character of connections required. Such notice shall be served by a person
designated by the Director of Public Works, in the manner provided for the
service of summons in civil actions. Nonresidents of the City, or persons
who cannot be found, may be served by one publication of notice in a newspaper
of general circulation in the City, which notice shall state the time within
which such connection shall be constructed; and if they be not constructed
within the said time, the work may be done by the City and the cost thereof,
together with a penalty of five percent (5%) assessed against the lots and
lands for which such connections are made. Said assessments shall be certified
and collected as other assessments for street improvement.
SECTION 19. SIDEWALKS.
Council may by resolution declare that certain specified sidewalks, curbings,
or gutters shall be constructed or repaired. Upon the adoption of such a
resolution, the Clerk of Council shall cause written notice of the passage
thereof to be served upon the owner, or agent of the owner, of each parcel
of land abutting upon such sidewalk, who may be a resident of the City,
in the manner provided by law for the service of summons in civil actions.
The Clerk shall return a copy of the notice within the time and manner of
service endorsed thereon, signed by the person serving it, to the Director
of Public Works, who shall file and preserve such return. For the purpose
of such service, if the owner of any such property is not a resident of
the City, any person charged with the collection of rent, or the payment
of taxes on such property, or having control thereof in any way shall be
regarded as the agent of the owner, and service upon such person shall have
the like force and effect as though personal service were made upon the
owner thereof. If it appears in any such return, however, that the owner
is a nonresident, or that neither such owner or agent could be found, publication
of a copy of the resolution in a newspaper of general circulation in the
City in the manner provided for service and publication of resolutions for
street improvements, shall be deemed sufficient notice to such owner. If
such sidewalks, curbings, or gutters be not constructed or repaired within
thirty (30) days from the service of notice, or the completion of the publication,
the Director of Public Works may proceed by direct employment of labor,
or by contract, to do or have done the said construction or repair at the
expense of the owner and all such expense shall be assessed on all the property
abutting or bounding thereon. Such assessment shall be collected in the
same manner, with a penalty of 5% and interest for failure to pay at the
time fixed by the assessing ordinance, as in cases of other improvements.
SECTION 20. FURTHER PROCEEDINGS UNNECESSARY.
No other or further proceedings for the construction or repair of sidewalks,
curbings and gutters, and levying assessments therefor, shall be necessary
than the proceedings required under this and the preceding Section. In any
case in which special assessments may be made on property for all the cost
of constructing or repairing sidewalks, curbings or gutters, such assessments
within the limit of thirty-three and one-third percent (33-1/3%) of the
real value of the property shall be a valid assessment thereon.
SECTION 21. ASSESSMENT BONDS.
Council may at any time borrow money and authorize the issuance of notes
or bonds according to law therefor in anticipation of the collection of
assessments levied for the purpose of paying the cost of constructing or
repairing sidewalks, which are to be or have been constructed by the Director
of Public Works upon the failure of the owners of the property to construct
or repair the same, pursuant to notice as hereinbefore provided.
SECTION 22. ALTERATIONS OR MODIFICATIONS IN CONTRACT.
When it becomes necessary, in the opinion of the Director of Public Works
in the prosecution of any work or improvement under contract, such alterations
or modifications shall be made only upon the order of such Director in writing,
provided, however, that such alteration must be approved by Council in case
it involves an additional expenditure exceeding one thousand dollars ($1,000).
No such order shall be effective until the price to be paid for the work
and material, or both, under the altered or modified contract, has been
agreed upon in writing and signed by the contractor and the Director in
behalf of the City.
SECTION 23. PLAT OF SUBDIVISION.
A proprietor of lots or grounds within the City who desires to subdivide
or lay out said lots for sale shall cause to be made accurate maps or plats
of such subdivision by a competent surveyor or civil engineer, describing
with certainty all of said lands laid out and all lands granted for streets,
alleys, commons or other public uses. The lots shown on the plat shall be
numbered by progressive numbers, and the plat shall show the exact length
and width of each lot and show all measurements of all lines, widths of
streets and other data necessary or required to be submitted. Such map or
plat shall first be submitted to the Planning Commission, which shall either
approve or disapprove said map or plat. If approved, the map or plat shall
bear the written approval of the Commission upon the face thereof; if disapproved,
the map or plat shall be returned to such proprietor, within thirty (30)
days, together with written objections to the same. Said map or plat shall
be subscribed by the proprietor before an officer authorized to take the
acknowledgment of deeds, who shall certify his or her official act on the
map or plat. If any owner is a nonresident of the State, his or her agent
authorized by writing may make such acknowledgment of such map or plat,
and if the execution is by agent, his or her written authority shall be
in such form as is necessary under the law to constitute a valid power of
attorney and such power of attorney shall be recorded in the office of the
County Recorder of Cuyahoga County. Said plat shall further be certified
to by the surveyor as to the correctness of all measurements appearing upon
said plat. If the Planning Commission shall refuse to approve said plat,
the proprietor may thereupon submit the plat or map for approval to Council,
together with the written objections of the Planning Commission. No such
map or plat of any subdivision within the limits of the City shall be recorded
until the Planning Commission certifies that the streets as laid down on
the plat of the subdivision correspond with those laid down on the recorded
plats of the City. When there are streets laid down, in addition to those
adopted by the Planning Commission, no such plat shall be recorded until
it has been approved by the Planning Commission or Council, and no such
streets shown thereon shall be considered as dedicated streets of the City
until such time as said plat has been accepted and approved by Council.
No such proprietor of land shall sell by land contract, deed, or agreement,
any lot or lots in the plat or map of the subdivision until the map or plat
has been duly approved by the Planning Commission or Council, and thereafter
accepted by Council.
SECTION 24. FEE SHALL VEST IN CITY.
The map or plat so recorded shall thereupon be a sufficient conveyance to
vest in the City the fee of the parcel or parcels of land designated or
intended for streets, alleys, ways, commons, or other public uses, to be
held in the corporate name in trust to and for the uses and purposes in
the instrument set forth, expressed, designated or intended.
SECTION 25. STREETS AND PUBLIC GROUNDS.
Council shall provide for the care, supervision, control and improvement
of public highways, streets, avenues, alleys, sidewalks, public grounds,
bridges, aqueducts and viaducts within the City and shall cause them to
be kept open, in repair and free from nuisance, and Council may limit the
time within which claims shall be filed, arising from or out of any alleged
violation of this Section.
SECTION 26. ALTERATION OF STREETS.
When it deems it necessary, Council may cause any street, alley or public
highway to be opened, straightened, altered, diverted, narrowed or widened.
SECTION 27. DEDICATION OF STREETS.
No street or alley dedicated to public use by the proprietor of ground in
the City shall be deemed a public street or alley, or under the care or
control of Council unless the dedication is accepted and confirmed by an
ordinance passed for such purpose.
SECTION 28. VACATION OR CHANGE OF NAME.
Council, when vacating any street or part of street or changing the name
of any street, may include in one ordinance the change of name or the vacation
or narrowing of more than one street, avenue, or alley, but before vacating
any street or part thereof, or narrowing any street, Council shall first
adopt a resolution declaring its intention so to do. The Clerk of Council
shall cause notice of such declaration to be served in the manner that the
service of summons is required to be made, upon all persons whose property
abuts upon the part of the street affected by the proposed vacation or narrowing,
and by publication once in one newspaper of general circulation in the City
as to all the persons who cannot be personally served. That notice shall
state the time and place when objections can be heard before the Board of
Revision of Assessments. Upon the report of the Board of Revision of Assessments
approving the proposed vacation or narrowing Council may by ordinance declare
such vacation or narrowing, and such order of Council vacating or narrowing
a street or alley which has been dedicated to public use by the proprietor
shall, to the extent to which it is vacated or narrowed, operate as a revocation
of the acceptance thereof by Council, but the right of way and easement
therein of any lot owner shall not be impaired thereby.
SECTION 29. TAXATION WITHOUT VOTE.
In any calendar year, taxes may be levied upon the tax duplicate without
a vote of the people for the current operating expenses of the City, but
no such tax shall be levied at a rate exceeding by more than five and two-tenths
(5.2) mills the rate for such purposes within the constitutional limitation
allocated to the City on the 1938 tax duplicate. Except as above stated,
all power to tax shall be as defined and limited by general law.
SECTION 30. LEVY FOR POLICE AND FIREMEN'S DISABILITY AND PENSION FUND.
Notwithstanding any other provision of this Charter, and in addition to
all other levies authorized or required by law, but otherwise in the manner
provided for the making of other municipal levies, Council shall levy annually,
without a vote of the people, outside of the constitutional and statutory
ten (10) mill limitation and outside of the limitations provided by this
Charter, a tax upon all real and personal property listed for taxation upon
the tax lists and duplicates for each year sufficient in rate to provide
all moneys required to meet the City’’s obligations related
to the Police and Firemen's Disability and Pension Fund and to pay debt
charges on securities issued therefore.
SECTION 31. LEVY FOR RECONSTRUCTION, EXPANSION, OPERATION AND MAINTENANCE
OF A SEWAGE DISPOSAL PLANT.
Without prejudice to the use of other funds from taxes or other sources
available for such purpose, Council may levy a tax upon all real and personal
property listed for taxation upon the tax list and duplicate at a rate not
to exceed two (2) mills outside of the levies provided in Sections 29 and
30 of this Article to provide a fund for the purpose of financing the reconstruction,
expansion, operation and maintenance of a sewage disposal plant, and the
capital needs of street infrastructure, municipal buildings, parks and recreation
facilities.
(Amended 11-08-05)
ARTICLE XVII. APPROPRIATION OF PROPERTY
SECTION 1. APPROPRIATION.
Property within the corporate limits of the City may be appropriated for
any public or municipal purpose, and subject only to the limitations thereon
imposed by the Constitution of the State, such appropriation shall be made
in the manner herein provided. By such appropriation the City may acquire
a fee simple title or any less estate, easement or use. Appropriation of
property located outside of the corporate limits of the City shall be made
according to the requirements of and in the manner provided by the general
law.
SECTION 2. DECLARATORY RESOLUTION.
When it is deemed necessary to appropriate property Council shall adopt
a resolution declaring such intent, defining the purpose of the appropriation,
setting forth a pertinent description of the property, and the estate or
interest therein desired to be appropriated.
SECTION 3. NOTICE.
Immediately upon the adoption of such resolution, for which but one reading
shall be necessary, the Clerk of Council shall cause written notice thereof
to be given to the owner, person in possession thereof or having an interest
of record in every piece of land sought to be appropriated, or to his or
her authorized agent; and such notice shall be served by a person designated
for the purpose and return made in the manner provided by law for the service
and return of summons in civil actions. If such owner, person or agent cannot
be found, notice shall be given by publication once a week for three consecutive
weeks in a newspaper of general circulation in the City, and Council may
thereupon pass an ordinance by the vote of two-thirds of all members elected
thereto, directing such appropriation to proceed.
SECTION 4. FURTHER PROCEEDINGS.
Upon the passage of such ordinances the Director of Law shall make application
to a court of competent jurisdiction or a judge thereof in vacation, which
application shall describe as correctly as possible the land or other property
to be appropriated, the interest or estate therein to be taken, the object
for which the land is desired, and the name of the owner of each lot or
parcel thereof, and all the subsequent proceedings with regard thereto shall
be in the manner provided by general law for the appropriation of property
by municipal corporations in this State.
SECTION 1. GRANT.
Council may grant permission to any individual, company or corporation to
construct and operate a public utility in the streets and public grounds
of the City. It may prescribe the kind and quality of service or the product
to be furnished, the rate or rates to be charged therefor, and any terms
and conditions conducive to the public interest; and also the manner in
which the streets and public grounds shall be used and occupied. Such grant
or any amendment or renewal thereof shall be for such period of time as
Council may determine, but it shall not exceed a period of twenty-five (25)
years.
SECTION 2. RENEWALS.
Council may renew any grant for the construction or operation of any utility,
at its expiration, upon such terms as may be conducive to the public interest.
All such grants and renewals thereof may reserve to the City the right to
purchase all the property of the utility in the streets and highways and
elsewhere used in, or useful for, the operation of the utility, at a price
either fixed by ordinance, or to be fixed in the manner provided by the
ordinance making the grant or renewal of the grant. Nothing in such ordinance
shall prevent the City from acquiring the property of any such utility by
condemnation proceedings or in any other lawful mode; but all such methods
of acquisition shall be alternative to the power to purchase, reserved in
the grant or renewal as hereinbefore provided. No ordinance making such
purchase shall be valid unless it shall expressly provide therein that the
price to be paid by the City for the property that may be acquired by it
from such utility by purchase, condemnation or otherwise, shall exclude
all value of such grant or renewal. Upon the acquisition by the City of
the property of any utility by purchase, condemnation or otherwise, all
grants or renewals shall at once terminate.
SECTION 3. EXTENSION.
Council may grant to any individual, company or corporation operating a
public utility, the right to extend the appliances and service of such utility.
All such extensions shall become a part of the aggregate property of the
utility, and shall be subject to all the obligations and reserved rights
applicable to the property of the utility by virtue of the ordinance providing
for its construction and operation. The right to use and maintain any such
extension shall expire with the original grant of the utility to which the
extension was made or any renewal thereof.
SECTION 4. CONSENTS.
No consent of the owner of property abutting on any highway or public ground
shall be required by Council as a condition of its authority to authorize
the construction, extension, maintenance or operation of any public utility
by original grant or renewal.
SECTION 5. REGULATIONS.
All rights granted for the construction and operation of public utilities
in the City shall be subject to the continuing right of Council to require
such reconstruction, relocation, change or discontinuance of the appliances
used by the utility in the streets, alleys, avenues, and highways of the
City, as shall in the opinion of Council be necessary in the public interest.
In ordering any such reconstruction, relocation, change or discontinuance
Council shall provide for such alteration in the rates for service and in
the terms upon which purchase is authorized to be made by the City, as shall
be necessary or equitable to protect the owner of the utility against loss
of property value.
SECTION 1. REGULAR AND SPECIAL MUNICIPAL ELECTIONS.
General municipal elections for the purpose of the election of officers
provided for in this Charter shall be held on the first Tuesday after the
first Monday in November in each odd-numbered year and shall be known as
regular municipal elections. All other elections held under the provisions
of this Charter or as may be required by law shall be known as special municipal
elections. (Amended 11-5-02)
SECTION 2. PRIMARY ELECTIONS.
On the fifth Tuesday prior to each general municipal election, primary elections
shall be held for the purpose of nominating persons without regard to political
parties, for election to offices provided for by this Charter to be voted
for at the next succeeding regular municipal election.
The number of candidates for the office of Mayor and the four Ward Councilmen at any regular election in the City shall be the two (2) persons on the primary election ballot receiving the highest number of votes at the primary election. The number of candidates for the office of Council-at-Large at any regular municipal election in the City shall be the six (6) candidates on the primary ballot receiving the highest number of votes at the primary election.
In case there shall not be more than two persons who shall have filed petitions for the office of Mayor or the four Ward Councilmen as provided for in this Charter, then said persons shall be the candidates at the regular municipal election and the primary for the particular office shall not be held. In case there shall not be more than six (6) persons who shall have filed petitions for the office of Council-at-Large as provided for in this Charter, then said persons shall be the candidates at the regular Municipal election and the primary for the particular office shall not be held. (Amended 11-5-02)
SECTION 3. ELECTION PROCEDURES.
Write-in votes for municipal candidates in general elections shall be permitted
only if a duly nominated candidate cannot participate due to death or other
disqualifications, or if each candidate does not have an opponent. The ballots
used in the primary and general municipal elections shall be without party
mark or designation. The names of all candidates shall be placed upon the
same ballot and shall be rotated in the manner provided by the general laws
of Ohio. Any person may vote in any municipal election if such person is
registered as a voter with the election authorities as prescribed by the
laws of the State of Ohio.
(Amended 11-5-02)
SECTION 4. CERTIFICATE OF NOMINATION WHEN NO PRIMARY IS HELD.
In the event a primary election is not held, the election officials whose
duty it would have been to provide for and conduct such primary election
shall declare each candidate to be nominated, issue appropriate certificates
of nomination to each of them, and certify each of their names to the proper
election officials in order that their names may be printed on the official
ballots provided for use in the next succeeding regular municipal election,
in the same manner as if such primary election had been held and each such
person had been nominated at such election.
(Amended 11-5-02)
SECTION 5. DESIGNATION OF CANDIDATES.
Candidates for nominations to elective offices provided for in this Charter
shall have their names printed on the official primary ballot by filing
a declaration of candidacy and paying the required filing fee.
(Amended 11-5-02)
SECTION 6. DECLARATIONS OF CANDIDACY.
Candidates for the offices of