CODIFIED ORDINANCES OF WAKEMAN

PART ONE - ADMINISTRATIVE CODE

                        TITLE ONE - General Provisions

                                    Chap. 101. Codified Ordinances.

                                    Chap. 103. Official Standards.

                                    Chap. 105. Open Meetings.

                        TITLE THREE - Legislative

                                    Chap. 121. Council.

                                    Chap. 123. Ordinances and Resolutions.

                        TITLE FIVE - Administrative

                                    Chap. 131. Mayor.

                                    Chap. 133. Village Administrator.

                                    Chap. 135. Clerk-Treasurer.

                                    Chap. 137. Solicitor.

                                    Chap. 139. Police Department.

                                    Chap. 141. Fire Department.

                                    Chap. 143. Planning Commission.

                                    Chap. 145. Employees Generally.

                        TITLE SEVEN - Judicial

                                    Chap. 171. Municipal Court.

                        TITLE NINE - Taxation

                                    Chap. 181. Income Tax.

                                    Chap. 185. Motor Vehicle License Tax.

3

                                         CODIFIED ORDINANCES OF WAKEMAN

                                           PART ONE - ADMINISTRATIVE CODE

                                                TITLE ONE - General Provisions

                                                Chap. 101. Codified Ordinances.

                                                Chap. 103. Official Standards.

                                                Chap. 105. Open Meetings.

                                                                CHAPTER 101

                                                            Codified Ordinances

101.01    Designation; citation;                               101.06    Conflicting provisions.

               headings.                                                     101.07    Determination of

101.02    General definitions.                                                  legislative intent.

101.03    Rules of construction.                                101.08    Severability.

101.04    Revivor; effect of                                      101.99    General penalty.

               amendment or repeal. 

101.05    Construction of section

               references.

                                                          CROSS REFERENCES

              See sectional histories for similar State law

              Statute of limitations on prosecutions - see Ohio R.C.

                          718.06; GEN. OFF. 501.06

              Codification in book form - see Ohio R.C. 731.23

              Imprisonment until fine and costs are paid - see Ohio R.C.

                          1905.30, 2947.14

              Citation issuance for minor misdemeanors - see Ohio R.C.

                          2935.26 et seq.

              Ordinances and resolutions - see ADM. Ch. 123

              Rules of construction for offenses and penalties - see

                          GEN. OFF. 501.04

101.01 ADMINISTRATIVE CODE 4

            101.01 DESIGNATION; CITATION; HEADINGS.

            (a)       All ordinances of a permanent and general nature of the Municipality as revised, codified, rearranged, renumbered and consolidated into component codes, titles, chapters and sections shall be known and designated as the Codified Ordinances of Wakeman, Ohio, 2000 for which designation "Codified Ordinances" may be substituted. Code, title, chapter and section headings do not constitute any part of the law as contained in the Codified Ordinances.

(ORC 1.01)

            (b)       All references to codes, titles, chapters and sections are to such components of the Codified Ordinances unless otherwise specified. Any component code may be referred to and cited by its name, such as the "Traffic Code". Sections may be referred to and cited by the designation "Section" followed by the number, such as "Section 101.01".

            101.02 GENERAL DEFINITIONS.

            As used in the Codified Ordinances, unless another definition is provided or the context otherwise requires:

            (a)       "And" may be read "or", and "or" may be read "and", if the sense requires it.

                        (ORC 1.02(F))

            (b)       "Another" when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property.

                        (ORC 1.02(B))

            (c)       "Bond" includes an undertaking and "undertaking" includes a bond.

                        (ORC 1.02(D), (E))

            (d)       "Council" means the legislative authority of the Municipality.

            (e)       "County" means Huron County.

            (f)        "Keeper" or "proprietor" includes all persons, whether acting by themselves or as a servant, agent or employee.

            (g)       "Land" or "real estate" includes rights and easements of an incorporeal nature.

                        (ORC 701.01(F))

            (h)       "Municipality" or “Village” means the Village of Wakeman, Ohio.

            (i)        "Oath" includes affirmation and "swear" includes affirm.

                        (ORC 1.59(B))

            (j)        "Owner", when applied to property, includes any part owner, joint owner or tenant in common of the whole or part of such property.

            (k)       "Person" includes an individual, corporation, business trust, estate, trust, partnership and association.

                        (ORC 1.59(C))

            (l)        "Premises", as applied to property, includes land and buildings.

            (m)      "Property" means real and personal property.

                        (ORC 1.59(E))

                        "Personal property" includes all property except real.

                        "Real property" includes lands, tenements and hereditaments.

            (n)       "Public authority" includes boards of education; the Municipal, County, State or Federal government, its officers or an agency thereof; or any duly authorized public official.

5 Codified Ordinances 101.03

            (o)       "Public place" includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance, or any other place for the sale of merchandise, public accommodation or amusement.

            (p)       "Registered mail" includes certified mail and "certified mail" includes registered mail.

                        (ORC 1.02(G))

            (q)       "Rule" includes regulation. (ORC 1.59(F))

            (r)        "Sidewalk" means that portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.

            (s)       "This State" or "the State" means the State of Ohio.

                        (ORC 1.59(G))

            (t)        "Street" includes alleys, avenues, boulevards, lanes, roads, highways, viaducts and all other public thoroughfares within the Municipality.

            (u)       "Tenant" or "occupant", as applied to premises, includes any person holding a written or oral lease, or who actually occupies the whole or any part of such premises, alone or with others.

            (v)       "Whoever" includes all persons, natural and artificial; partners; principals, agents and employees; and all officials, public or private.

                        (ORC 1.02(A))

            (w)      "Written" or "in writing" includes any representation of words, letters, symbols or figures. This provision does not affect any law relating to signatures.

                        (ORC 1.59(J))

            101.03 RULES OF CONSTRUCTION.

            (a)       Common and Technical Usage. Words and phrases shall be read in context and construed according to the rules of grammar and common usage. Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.

(ORC 1.42)

            (b)       Singular and Plural; Gender; Tense. As used in the Codified Ordinances, unless the context otherwise requires:

                        (1)       The singular includes the plural, and the plural includes the singular.

                        (2)       Words of one gender include the other genders.

                        (3)       Words in the present tense include the future.

                                    (ORC 1.43)

            (c)       Calendar; Computation of Time.

                        (1)       Definitions.

                                    A.        "Week" means seven consecutive days.

                                    B.        "Year" means twelve consecutive months.

                                                (ORC 1.44)

                        (2)       If a number of months is to be computed by counting the months from a particular day, the period ends on the same numerical day in the concluding month as the day of the month from which the computation is begun, unless there are not that many days in the concluding month, in which case the period ends on the last day of that month.

                                    (ORC 1.45)

101.04 ADMINISTRATIVE CODE 6

                        (3)       The time within which an act is required by law to be done shall be computed by excluding the first and including the last day, except that when the last day falls on Sunday or a legal holiday, then the act may be done on the next succeeding day which is not a Sunday or a legal holiday.

                        When a public office, in which an act required by law is to be performed, is closed to the public for the entire day which constitutes the last day for doing such act or before its usual closing time on such day, then such act may be performed on the next succeeding day which is not a Sunday or a legal holiday. If any legal holiday falls on Sunday, the next succeeding day is a legal holiday.

                                    (ORC 1.14)

                        (4)       When legislation is to take effect or become operative from and after a day named, no part of that day shall be included.

                                    (ORC 1.15)

                        (5)       In all cases where the law shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall mean such time only as may be necessary for the prompt performance of such duty or compliance with such notice.

            (d)       Authority. When the law requires an act to be done which may by law as well be done by an agent as by the principal, such requirement shall be construed to include all such acts when done by an authorized agent.

            (e)       Joint Authority. All words purporting to give joint authority to three or more municipal officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it shall be otherwise expressly declared in the law giving the authority or inconsistent with State statute or Charter provisions.

            (f)        Exceptions. The rules of construction shall not apply to any law which shall contain any express provision excluding such construction, or when the subject matter or context of such law may be repugnant thereto.

            101.04 REVIVOR; EFFECT OF AMENDMENT OR REPEAL.

            (a)       The repeal of a repealing ordinance does not revive the ordinance originally repealed nor impair the effect of any saving clause therein.

(ORC 1.57)

            (b)       An ordinance which is re-enacted or amended is intended to be a continuation of the prior ordinance and not a new enactment, so far as it is the same as the prior ordinance.

(ORC 1.54)

            (c)       The re-enactment, amendment or repeal of an ordinance does not, except as provided in subsection (d) hereof:

                        (1)       Affect the prior operation of the ordinance or any prior action taken thereunder;

7 Codified Ordinances 101.06

                        (2)       Affect any validation, cure, right, privilege, obligation or liability previously acquired, accrued, accorded or incurred thereunder;

                        (3)       Affect any violation thereof or penalty, forfeiture or punishment incurred in respect thereto, prior to the amendment or repeal;

                        (4)       Affect any investigation, proceeding or remedy in respect of any such privilege, obligation, liability, penalty, forfeiture or punishment; and the investigation, proceeding or remedy may be instituted, continued or enforced, and the penalty, forfeiture or punishment imposed, as if the ordinance had not been repealed or amended.

            (d)       If the penalty, forfeiture or punishment for any offense is reduced by a re-enactment or amendment of an ordinance, the penalty, forfeiture, or punishment, if not already imposed, shall be imposed according to the ordinance as amended.

(ORC 1.58)

            101.05 CONSTRUCTION OF SECTION REFERENCES.

            (a)       A reference to any portion of the Codified Ordinances applies to all re-enactments or amendments thereof.

(ORC 1.55)

            (b)       If a section refers to a series of numbers or letters, the first and the last numbers or letters are included.

(ORC 1.56)

            (c)       Wherever in a penalty section reference is made to a violation of a series of sections or of subsections of a section, such reference shall be construed to mean a violation of any section or subsection included in such reference.

            References in the Codified Ordinances to action taken or authorized under designated sections of the Codified Ordinances include, in every case, action taken or authorized under the applicable legislative provision which is superseded by the Codified Ordinances.

(ORC 1.23)

            101.06 CONFLICTING PROVISIONS.

            (a)       If there is a conflict between figures and words in expressing a number, the words govern.

(ORC 1.46)

            (b)       If a general provision conflicts with a special or local provision, they shall be construed, if possible, so that effect is given to both. If the conflict between the provisions is irreconcilable, the special or local provision prevails as an exception to the general provision, unless the general provision is the later adoption and the manifest intent is that the general provision prevail.

(ORC 1.51)

            (c)       (1)       If ordinances enacted at different meetings of Council are irreconcilable, the ordinance latest in date of enactment prevails.

101.07 ADMINISTRATIVE CODE 8

                        (2)       If amendments to the same ordinance are enacted at different meetings of Council, one amendment without reference to another, the amendments are to be harmonized, if possible, so that effect may be given to each. If the amendments are substantively irreconcilable, the latest in date of enactment prevails. The fact that a later amendment restates language deleted by an earlier amendment, or fails to include language inserted by an earlier amendment, does not of itself make the amendments irreconcilable. Amendments are irreconcilable only when changes made by each cannot reasonably be put into simultaneous operation.

                                    (ORC 1.52)

            101.07 DETERMINATION OF LEGISLATIVE INTENT.

            (a)       In enacting an ordinance, it is presumed that:

                        (1)       Compliance with the constitutions of the State and of the United States is intended;

                        (2)       The entire ordinance is intended to be effective;

                        (3)       A just and reasonable result is intended;

                        (4)       A result feasible of execution is intended.

                                    (ORC 1.47)

            (b)       An ordinance is presumed to be prospective in its operation unless expressly made retrospective.

(ORC 1.48)

            (c)       If an ordinance is ambiguous, the court, in determining the intention of Council may consider among other matters:

                        (1)       The object sought to be attained;

                        (2)       The circumstances under which the ordinance was enacted;

                        (3)       The legislative history;

                        (4)       The common law or former legislative provisions, including laws upon the same or similar subjects;

                        (5)       The consequences of a particular construction;

                        (6)       The administrative construction of the ordinance.

                                    (ORC 1.49)

            101.08 SEVERABILITY.

            If any provision of a section of the Codified Ordinances or the application thereof to any person or circumstance is held invalid, the invalidity does not affect the other provisions or applications of the section or related sections which can be given effect without the invalid provision or application, and to this end the provisions are severable.

(ORC 1.50)

            101.99 GENERAL PENALTY.

            Whenever, in the Codified Ordinances or in any ordinance of the Municipality, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is otherwise provided, whoever violates any such provision shall be punished by a fine not exceeding one hundred dollars ($100.00). A separate offense shall be deemed committed each day during or on which a violation continues or occurs.

9

CHAPTER 103

Official Standards

                        EDITOR’S NOTE: There are no sections in Chapter 103.

                        This chapter has been established to provide a place for cross

                        references and future legislation.

CROSS REFERENCES

                                    State standard of time - see Ohio R.C. 1.04

                                    State legal holiday - see Ohio R.C. 1.14, 5.20 et seq.

                                    State flag - see Ohio R.C. 5.01

11

CHAPTER 105

Open Meetings

105.01Definitions.

105.02Meetings open to public;

minutes.

105.03Executive meetings.

105.04Council meetings.

105.05Rules of procedure for

conducting public meetings

and hearings.

CROSS REFERENCES

Open meetings - see Ohio R.C. 121.22

105.01 DEFINITIONS.

As used in this chapter:

(a)Public body means the Village Council and any Board, Commission, Committee, or similar decision-making body of the Village of Wakeman, Ohio.

(b)Meeting means any prearranged discussion of the public business of the public body by a majority of its members.

(c)Regular meeting of the Village Council is a meeting where communications are read and where ordinances, resolutions, or rules are adopted or formal action of any kind is taken.

(d)Special meeting of the Village Council is a regular meeting specially called as hereinafter set forth.

(e)Informal meeting of the Village Council is a meeting where no formal action of any kind is taken. (Ord. 1996-0-9. Passed 3-11-96.)

105.02 MEETINGS OPEN TO PUBLIC; MINUTES.

(a)All meetings of any public body are declared to be public meetings open to the public at all times, except for executive sessions as hereinafter set forth.

(b)The Minutes of a regular or special meeting of any such public body shall be promptly recorded and open to public inspection pursuant to Ohio R.C. 149.43. The Minutes need only reflect the general subject matter of discussions in executive sessions authorized under Section 105.03. (Ord. 1996-0-9. Passed 3-11-96.)

105.03 EXECUTIVE MEETINGS.

The Village Council and other public bodies may hold executive sessions at regular or special meetings only for the enumerated purposes as set forth in Ohio R.C. 121.22 as now in effect or hereafter amended. Executive sessions are not open to the public.

(Ord. 1996-0-9. Passed 3-11-96.)

105.04 ADMINISTRATIVE CODE 12

105.04 COUNCIL MEETINGS.

(a)Council shall meet in regular session on the second Monday of each month at 7:30 p.m., in the Village Hall, 32 Pleasant Street, Wakeman, Ohio. Should any holiday fall upon the date for a regular meeting, the Village Council shall reschedule said regular meeting to another date within the same month in lieu thereof.

(b)Special meetings of Council shall be held on call of the Mayor, or by any three members of Council, upon at least twelve hours written notice to each member served personally or left at his usual place of residence, or called for at a regular meeting provided that such written notice is given to any Councilman absent at the regular meeting. Council shall adopt rules for the notification of the news media of its meetings whether regular, special or informal.

(c)(1)Informal meetings of Council may be held one-half hour before regular meeting in the Village Hall, 32 Pleasant Street, Wakeman, Ohio, and may be held at any other time or place as called by the Mayor, or any three members of Council, upon written notice given as set forth in subsection (b) hereof.

(2)Informal meetings may also be held immediately following any regular or special meeting of Council upon call of the Mayor, or any three members of Council, upon written notice as set forth in subsection (b) hereof. (Ord. 1996-0-9. Passed 3-11-96.)

105.05 RULES OF PROCEDURE FOR CONDUCTING PUBLIC MEETINGS

AND HEARINGS.

(a)Conduct of Meetings and Hearings.

(1)All public meetings and hearings shall be conducted by the appropriate official as prescribed by Ohio law or Village Ordinance as set forth below. The Mayor shall preside over the Council and in his or her absence the president pro tem shall be the presiding officer. In the event both the Mayor and the president pro tem of Council are absent from any meeting or hearing, the remaining members of Council shall elect one of those present to preside over that meeting or hearing. In regard to the committees of Council and the other boards and commissions of the Village, the chairperson shall preside and if he or she is absent from the meeting or hearing, the remaining members shall elect one of those present to preside over that meeting or hearing.

(2)All meetings and hearings of the Council, and the various committees, boards and commissions of the Village shall be conducted in compliance with Ohio R.C. 121.22, the Ohio Sunshine Law.

(b)Parliamentary Procedure Authority. The general rules of Parliamentary Procedure utilized by the Ohio Legislature are hereby adopted for conducting all of the meetings and hearings of the Council, its committees, as well as the boards and commissions of the Village, with the special provisions provided in subsections (c) through (i) herein.

(c)Recognition of Persons at Meetings or Hearings. All persons desiring recognition at any public meeting or hearing shall request recognition only through the presiding officer, but only after the floor of meeting is returned to said presiding officer and the person requesting recognition is recognized by the presiding officer. Interruptions from either the floor or by other members of the body in session shall not be tolerated.

12A Open Meetings 105.05

(d)Speaking on the Floor. Upon recognition by the presiding officer, the person so recognized shall state and spell his or her name and address for the record and inclusion in the minutes of the meeting or hearing. The person so recognized may then state his or her business or testimony. All comments shall be directed through the presiding officer unless the presiding officer permits otherwise. The presiding officer is hereby authorized to terminate recognition of any person when, in the presiding officers discretion, the discussion at hand has reached a logical conclusion, or that the person so recognized has become either disruptive or unruly and further discussion of the matter would be of no value.

(e)Disturbing a Lawful Meeting. Failure of any person to follow these rules shall result in that person being removed from the meeting or hearing at the request of the presiding officer. In the event the person refuses to remove himself or herself from any meeting or hearing as requested by the presiding officer, the presiding officer shall request that any police officer of the Village Police Department in attendance or, if no officer is in attendance, the presiding officer will contact an available police officer to escort the person from the meeting. In the event the person requested to leave fails to obey the police officer, then the person requested to leave may be charged with Disturbing a Lawful Meeting, a violation of either Ohio R.C. 2917.12 or Section 509.04 of the Codified Ordinances of Wakeman, Ohio. Said police officer is hereby authorized to arrest said offender, physically remove the offending person from the meeting room, and proceed with filing a charge of Disturbing a Lawful Meeting in a court of competent jurisdiction.

(f)Absence. In the event that any member of Council is unable to attend either a regular or special Council meeting or hearing, he or she shall notify any one of the following: the Mayor, Clerk or Village Fiscal Officer or any other member of Council at anytime prior to the meeting or hearing. Thereafter, proper procedures shall follow at the Council meeting or hearing to excuse said member from the meeting or hearing.

(g)Agenda. Visitors and/or subject matters to be inserted into the Council meeting agenda. Anyone who desires to be recognized or wanting subject matter inserted into the agenda must notify the Clerk not later than 4:30 p.m., five days prior to the Council meeting or hearing. Therefore, if a person wants to submit a topic for the agenda of a regular Council meeting, the person must contact the Clerk not later than 4:30 p.m. of the Thursday prior to the second Monday of the month.

The agenda shall consist of the following order of business:

(1)Pledge of Allegiance to the Flag of the United States;

(2)Prayer;

(3)Old Business;

(4)New Business;

(5)Reports from: the Mayor; Council; Village Administrator; Chief of Police; Zoning Inspector; Village Solicitor and comments from visitors; and

(6)Citizens Participation.

(h)Logging Visitors at Meetings or Hearings. The Clerk or Fiscal Officer will circulate a register sheet for visitors to sign their name, address, and reference to the subject matter of importance to that person. The register sheet shall be deposited with the presiding officer early in the order of business for that meeting or hearing.

105.05 ADMINISTRATIVE CODE 12B

(i)Minutes. Minutes are required for all regular and special Council meetings or hearings, as well as for Council committee meetings.

(1)Committee meetings: At each meeting of any committee of Council, one person shall be appointed to take minutes relative to what business was discussed and transacted at that committee meeting. After the minutes are prepared, copies shall be distributed to the Mayor, Clerk or Fiscal Officer, and the other members of Council for their reference and records.

(2)Council meetings or hearings: The Clerk or Fiscal Officer shall prepare, in writing, the Minutes of each meeting or hearing of Council pursuant to Ohio R.C. 733.27. In the event the Clerk or Fiscal Officer is absent from any meeting or hearing of Council, the Council shall elect one of its members to take and prepare the minutes. All meeting or hearing minutes are required to be in written form. After the minutes are presented and approved by Council, they shall be posted at the following places: Mickey Mart; Wakeman Food Center; Wakeman Post Office; Key Bank; and Wakeman Public Library.

(Ord. 2004-O-1. Passed 3-8-04.)

13

TITLE THREE - Legislative

Chap. 121. Council.

Chap. 123. Ordinances and Resolutions.

CHAPTER 121

Council

EDITORS NOTE: There are no sections in Chapter 121.

This chapter has been established to provide a place for cross

references and future legislation.

CROSS REFERENCES

General powers - see Ohio R.C. 715.03, 731.47

Composition and term - see Ohio R.C. 731.09

Qualifications - see Ohio R.C. 731.12, 731.44

Vacancy - see Ohio R.C. 731.43

Meetings - see Ohio R.C. 731.44, 731.46

Rules and journal - see Ohio R.C. 731.45

Misconduct - see Ohio R.C. 733.72 et seq.

Open meetings - see Ohio R.C. 121.22

15

CHAPTER 123

Ordinances and Resolutions

123.01Posting places.

CROSS REFERENCES

Newspaper publication - see Ohio R.C. 7.12, 701.04, 731.21 et seq.

Adoption and style - see Ohio R.C. 715.03, 731.17 et seq.

Subject and amendment - see Ohio R.C. 731.19

Authentication - see Ohio R.C. 731.20

Publication in book form - see Ohio R.C. 731.23

Adoption of technical codes - see Ohio R.C. 731.231

Certification as to publication - see Ohio R.C. 731.24 et seq.

Initiative and referendum - see Ohio R.C. 731.28 et seq.

Emergency measures - see Ohio R.C. 731.30

123.01 POSTING PLACES.

(a)Any statements, orders, proclamations, notices or reports required by law to be published, shall be published by posting copies at the following places within the Village of Wakeman:

(1)Wakeman Public Library, 18 East Abbott Street;

(2)Key Bank, 11 West Main Street;

(3)Wakeman Post Office, 17 West Main Street;

(4)Wakeman Food Center, 10 West Main Street; and

(5)Mickey Mart, 52 West Main Street.

(b)Posting shall be in a conspicuous place in such buildings, and readily accessible to all members of the public at reasonable hours. (Ord. 2002-O-04. Passed 3-11-02.)

17

TITLE FIVE - Administrative

Chap. 131. Mayor.

Chap. 133. Village Administrator.

Chap. 135. Clerk-Treasurer.

Chap. 137. Solicitor.

Chap. 139. Police Department.

Chap. 141. Fire Department.

Chap. 143. Planning Commission.

Chap. 145. Employees Generally.

CHAPTER 131

Mayor

EDITORS NOTE: There are no sections in Chapter 131.

This chapter has been established to provide a place for cross

references and future legislation.

CROSS REFERENCES

Removal from office - see Ohio R.C. 3.07 et seq.

Acting Mayor - see Ohio R.C. 731.10 et seq., 733.25

Election, term, qualifications and powers - see Ohio R.C. 733.24

To be Council President - see Ohio R.C. 733.24

Vacancy - see Ohio R.C. 733.25

To appoint and remove auxiliary police officers - see Ohio R.C. 737.161

Salary - see Ohio R.C. 1905.21

19

CHAPTER 133

Village Administrator

133.01Established.

133.02Powers and duties.

133.03Board of Trustees abolished.

133.04Assistant Village Superintendent.

CROSS REFERENCES

Appointment, removal - see Ohio R.C. 735.271

Power to contract - see Ohio R.C. 731.141

Board of trustees of public affairs abolished - see Ohio R.C. 735.272

Powers and duties - see Ohio R.C. 735.271, 735.273

133.01 ESTABLISHED.

There is hereby created the position of Village Administrator.

(Ord. 1996-0-31. Passed 8-12-96.)

133.02 POWERS AND DUTIES.

The Village Administrator shall have those powers, duties, and functions as set forth by the laws of the State of Ohio, including but not limited to:

(a)Management of the Municipalitys public utilities, including the collection of the water rents.

(b)The Village Administrator may make rules and regulations regarding the public utilities to ensure the safe and efficient operation of the same, however, the rates are set by Council.

(c)The Village Administrator shall be responsible for the disposition of surplus water rents as set forth in Ohio R.C. 743.05 and be responsible for the weekly deposit of all water rents into a separate fund as set forth in Ohio R.C. 743.06.

(d)The Village Administrator shall be empowered to make certain contracts for the maintenance and enlargement of the water works and furnishing and maintaining lines and connections for fire hydrants for Fire Department purposes as set forth in Ohio R.C. 743.07.

(e)The Village Administrator shall be responsible for the protection and maintenance of the water lines or other utility and may make rules for such purpose pursuant to Ohio R.C. 743.10.

(f)The Village Administrator shall also ensure that prior to entering into any contracts for the installation or maintenance of the water lines or other utility owned by the Village, the requirements in Ohio R.C. 153.54 concerning bid guaranty and performance bonds have been met. In the event of an emergency, the Village Administrator shall obtain the approval of Council, by a two-thirds vote, to authorize hin to enter into said contract without formal bidding or advertising as set forth in Ohio R.C. 743.11.

133.03 ADMINISTRATIVE CODE 20

(g)The Village Administrator is also empowered to make contracts, with the approval of Council, to sell surplus water to other municipal corporations, to supply water or electricity pursuant to Ohio R.C. 743.18, and to make contracts with other political subdivisions to purchase water to supply the Village, with the consent of Council and the electors pursuant to Ohio R.C. 743.24 of the Ohio Revised Code.

(h)The Village Administrator shall also supervise the improvement and repair of streets, avenues, alleys, lands, lanes, squares, landings, market houses, bridges, viaducts, sidewalks, sewers, drains, ditches, culverts, ship channels, streams, and water courses as well as lighting, sprinkling, and cleaning of all streets, alleys, and public buildings and places as set forth in Ohio R.C. 735.27.3.

(i)The Village Administrator is empowered to hire those necessary assistants or employees to fill positions created by Council, with the approval of the Mayor. These appointments and their subsequent approval by the Mayor must be in writing and filed with the Village Clerk as permitted by Ohio R.C. 735.27.3.

(j)The Village Administrator shall be under the general supervision of the Mayor and shall have other such duties as prescribed by ordinance, not inconsistent with Ohio R.C. 735.27.3.

(k)The Village Administrator shall have all of the powers of the Board of Trustees of Public Affairs and Street Commissioner as prescribed by law as set forth in Ohio R.C. 735.27.3.

(l)The Village Administrator shall perform those other duties as assigned by the Mayor and/or Council.

(m)The Village Administrator shall serve at the pleasure of the Mayor and Council and may be removed without cause by the Mayor with the consent of the majority of Council, or the Village Administrator may be removed without cause by a three-fourths affirmative vote of Council, without the consent of the Mayor.

(Ord. 1996-0-31. Passed 8-12-96.)

133.03 BOARD OF TRUSTEES ABOLISHED.

After the effective date of this section, the Board of Trustees of Public Affairs shall be abolished and the terms of office of its members are hereby terminated in accordance with Ohio R.C. 735.27.2. (Ord. 1996-0-31. Passed 8-<