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Codified Ordinances of Ashland, OH
CODIFIED ORDINANCES OF THE CITY OF ASHLAND, OHIO
CERTIFICATION
DIRECTORY OF OFFICIALS
ADOPTING ORDINANCE NO. 5-80
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF ASHLAND
CHARTER
SECTION 1. POWERS OF THE CITY.
SECTION 2. POWERS NOT EXCLUSIVE.
SECTION 3. THE ELECTIVE OFFICERS OF THE CITY.
SECTION 4. TERM.
SECTION 5. RESIDENT OF CITY.
SECTION 6. SALARIES ESTABLISHED.
SECTION 7. MEETINGS; REGULAR AND SPECIAL.
SECTION 8. ELECTION PROCEDURE.
SECTION 9. ELECTION OF COUNCIL PRESIDENT.
SECTION 10. OFFICERS AND EMPLOYEES.
SECTION 11. PROPOSED ORDINANCES AND RESOLUTIONS.
SECTION 12. PASSAGE AND ADOPTION PROCEDURE.
SECTION 13. ITEMIZED EXPENSE ESTIMATE.
SECTION 14. APPROPRIATION ORDINANCE.
SECTION 15. ACCRUED REVENUES.
SECTION 16. DESIGNATED APPROPRIATIONS.
SECTION 17. RECORD OF ORDINANCES; PUBLICATION.
SECTION 18. BONDS.
SECTION 19. POSITIONS CREATED; COMPENSATION.
SECTION 20. DEPOSIT OF MONEYS.
SECTION 21. EMERGENCY ORDINANCES.
SECTION 22. POWERS OF COUNCIL.
SECTION 23. ADMINISTRATIVE POWERS OF THE CITY.
SECTION 24. TERM AND QUALIFICATIONS.
SECTION 25. SALARY.
SECTION 26. SUCCESSION OF MAYOR.
SECTION 27. POWERS AND DUTIES.
SECTION 28. DIRECTOR OF PUBLIC SAFETY; DIRECTOR OF PUBLIC SERVICE.
SECTION 29. RECOMMENDATIONS TO COUNCIL.
SECTION 30. VACANCIES FILLED BY MAYOR.
SECTION 31. ELECTION AND TERM.
SECTION 32. PROSECUTING ATTORNEY.
SECTION 33. CITY CONTROVERSIES.
SECTION 34. DUTIES.
SECTION 35. SALARY.
SECTION 36. QUALIFICATION AND SALARY.
SECTION 37. DUTIES.
SECTION 38. ACCOUNTING PROCEDURE.
SECTION 39. ACCOUNTS.
SECTION 40. EXAMINATION OF ACCOUNT.
SECTION 41. PAYMENT OF CLAIMS.
SECTION 42. TREASURER.
SECTION 43. BANK STATEMENT; REPORT.
SECTION 44. SPECIAL ASSESSMENTS .
SECTION 45. CONTRACTS CERTIFIED.
SECTION 46. CONTRACTS - WHEN VOID.
SECTION 47. DUTIES.
SECTION 48-49 ESTABLISHMENT OF A MUNICIPAL COURT AND A MUNICIPAL JUDGE.
SECTION 50. ORGANIZATION AND POWERS.
SECTION 51. CHARTER REVIEW COMMITTEE.
SECTION 52. CIVIL SERVICE COMMISSION.
SECTION 53. NOMINATION BY PRIMARY ELECTION.
SECTION 54. NOMINATION BY PETITION.
SECTION 55. REGULAR ELECTIONS.
SECTION 56. SPECIAL ELECTIONS.
SECTION 57. REMOVAL OF OFFICER.
SECTION 58. PETITION FOR REMOVAL.
SECTION 59. AFFIDAVIT; RECORD.
SECTION 60. SIGNATURE.
SECTION 61. FILING; PRESENTATION.
SECTION 62. BALLOT REQUIREMENTS.
SECTION 63. CANDIDATE NOMINATION.
SECTION 64. AFFIRMATIVE VOTE.
SECTION 65. FILING DATE.
SECTION 66. CONFORMITY.
SECTION 67. SIGNATURES REQUIRED.
SECTION 68. PROPOSAL FORM.
SECTION 69. PETITION.
SECTION 70. PASSAGE.
SECTION 71. CONFORMITY.
SECTION 72. PROCEDURE.
SECTION 73. EMERGENCY ORDINANCES.
SECTION 74. EXPENDITURES.
SECTION 75. CONFORMITY.
SECTION 76. LOCAL IMPROVEMENTS.
SECTION 77. METHODS OF SPECIAL ASSESSMENT.
SECTION 78. PRELIMINARY ASSESSMENT.
SECTION 79. NOTICES SERVED.
SECTION 80. PLANS OF PROPOSED IMPROVEMENTS.
SECTION 81. BOARD OF REVISION OF ASSESSMENTS.
SECTION 82. CLAIMS.
SECTION 83. FINAL ASSESSMENT.
SECTION 84. DAMAGES ASSESSED.
SECTION 85. WORK TO BE DONE.
SECTION 86. LANDS UNALLOTTED OR NOT ON DUPLICATE.
SECTION 87. INTEREST ON ASSESSMENT BONDS.
SECTION 88. LIMITATION ON ASSESSMENTS.
SECTION 89. CITY'S PORTION OF COST.
SECTION 90. REPLACING EXISTING IMPROVEMENTS.
SECTION 91. SUBSEQUENT IMPROVEMENTS.
SECTION 92. SUPPLEMENTARY ASSESSMENTS AND REBATES.
SECTION 93. SEWER AND WATER CONNECTIONS.
SECTION 94. SIDEWALKS.
SECTION 95. FURTHER PROCEEDINGS UNNECESSARY.
SECTION 96. ASSESSMENT BONDS.
SECTION 97. ALTERATIONS OR MODIFICATIONS IN CONTRACT.
SECTION 98. PLAT OF SUBDIVISION.
SECTION 99. FEE SHALL VEST IN CITY.
SECTION 100. PLATTING COMMISSIONERS.
SECTION 101. EFFECT OF SUCH PLATTING.
SECTION 102. STREETS AND PUBLIC GROUNDS.
SECTION 103. ALTERATION OF STREETS.
SECTION 104. DEDICATION OF STREETS.
SECTION 105. VACATION OR CHANGE OF NAME.
SECTION 106. TAXATION.
SECTION 107. APPROPRIATION.
SECTION 108. DECLARATORY RESOLUTION.
SECTION 109. NOTICE.
SECTION 110. FURTHER PROCEEDINGS.
SECTION 111. GRANT.
SECTION 112. RENEWALS.
SECTION 113. EXTENSION GRANT.
SECTION 114. NO EXCLUSIVE GRANT.
SECTION 115. CONSENTS.
SECTION 116. REGULATIONS.
SECTION 117. OFFICIAL BONDS.
SECTION 118. CONTINUANCE OF PRESENT OFFICERS.
SECTION 119. CONTINUANCE OF REGULATIONS.
SECTION 120. OATH OF OFFICE.
SECTION 121. INTEREST IN CONTRACT OR SUPPLIES.
SECTION 122. CONTINUANCE OF CONTRACTS.
SECTION 123. AMENDMENTS.
SECTION 124. WHEN CHARTER TAKES EFFECT.
SECTION 125. GENDER; SINGULAR AND PLURAL.
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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SECTION 38. ACCOUNTING PROCEDURE.
   Accounting procedures shall be devised and maintained for the City adequate to record in detail all transactions affecting the acquisition, custodianship and disposition of values, including cash receipts and disbursements; and the recorded facts shall be presented periodically to officials and to the public 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 upon the finances of the City and in relation to each department of the City government, including distinct summaries and schedules for each public utility or building owned or operated.
SECTION 39. ACCOUNTS.
   The Director of Finance and Public Record shall be the chief accounting officer of the City. He shall install and maintain accounting procedures in conformity with the next preceding section of this Charter, and prescribe the methods of keeping accounts by all departments and the form of report to be rendered to the Department of Finance and Public Record. He shall require that reports be made to him by each department, showing the receipts of all moneys by such department and disposition thereof. He shall keep an account of all appropriations made by the Council and all expenditures made or contracted to be made under such appropriations.
SECTION 40. EXAMINATION OF ACCOUNT.
   The Director of Finance and Public Record shall, upon the death, resignation, removal or expiration of the term of any officer, examine the accounts of such officer and if such officer be found indebted to the City, he shall immediately give notice thereof to the Council and the Director of Law, and the latter shall forthwith proceed to collect the same.
SECTION 41. PAYMENT OF CLAIMS.
   No warrant for the payment of any claim shall be issued by the Director of Finance and Public Record until such claim shall have been approved by the Mayor, and the Mayor and his sureties shall be liable to the City for all loss or damage sustained by the City by reason of the negligent or corrupt approval of any claim against the City by him. Whenever any claim shall be presented to the Director of Finance and Public Record he shall have power to require evidence that the amount claimed is justly due and that such claim is in conformity to law and ordinance. For that purpose the Director of Finance and Public Record may summon before him any officer, agent, or employee of any department, or any other person, and examine him upon oath or affirmation relative thereto, which oath or affirmation he may administer.
   If the Director of Finance and Public Record shall draw a warrant for any claim contrary to law or ordinance he and his sureties shall be individually liable for the amount thereof.
SECTION 42. TREASURER.
   The Director of Finance and Public Record shall be ex-officio the City Treasurer and as such Treasurer shall receive no additional compensation therefor. He shall keep and preserve all moneys of the City in the place or places determined by the Council as provided herein. Such place or places of keeping shall be known as the City depository. All moneys of the City shall be disbursed by the Treasurer, with the exception of petty cash, which shall be disbursed as set forth in the City purchasing system manual.
(Amended November 7, 1989)
SECTION 43. BANK STATEMENT; REPORT.
   The bank or banks in which the moneys of the City are deposited shall, on the tenth day of each month, render to the Council and file with the Finance Director a statement showing the daily balances to the credit of the City during the preceding month, together with such other information as the Council may require.
   The Director of Finance and Public Record shall also, at the first regular Council meeting of each month, render to Council and the Mayor a monthly statement of cash position. A detailed statement of all receipts and expenditures shall be rendered to the Finance Committee Chairman at the end of each quarter.
   Such report may be required by the Council at any time, without notice, and shall be examined and compared by, or under the direction of Council, and shall remain on file for at least one year. (Amended November 7, 1989)
SECTION 44. SPECIAL ASSESSMENTS .
   The Director of Finance and Public Record shall have charge of the preparation and certification of all special assessments for public improvements; the serving of notices of such assessments to property owners, and all other duties connected therewith; the collection of such assessments as are payable directly to the City and the preparation and certification of all unpaid assessments to the County Auditor for collection.
SECTION 45. CONTRACTS CERTIFIED.
   No contract, agreement or other obligation involving the expenditure of money, shall be entered into, nor shall any ordinance, resolution, or order for the expenditure of money be passed by the Council or by any officer of the City, unless the Director of Finance and Public Record, shall first certify to the Council or to the proper officer, as the case may be, that the money required for such contract, agreement, obligation, or expenditure, is in the Treasury, to the credit of the fund from which it is to be drawn, and not appropriated for any other purpose, which certificate shall be filed and recorded in the records of the Council. The sum so certified shall not thereafter be considered unappropriated until the City is discharged from the contract, agreement or obligation.
   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 services, 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, or notes sold and in process of delivery, shall, for the purpose of such certificate, be deemed in the Treasury to the credit of the appropriate fund and subject to such certification. No contract shall be let which exceeds by ten percent the estimate for the improvement contemplated.
(Amended November 7, 2000)
SECTION 46. CONTRACTS - WHEN VOID.
   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 the Council or 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 an exact compliance with his contract under such ordinance, resolution or order.
CLERK OF COUNCIL
SECTION 47. DUTIES.
   The Clerk of Council shall perform all clerical duties incident to the operation of Council, shall record every ordinance or resolution upon its final passage, shall post notice of same as prescribed by Charter, shall present to the President for signature all ordinances or resolutions, shall prepare agendas, research issues, handle correspondence and perform other such tasks as instructed by Council or mandated by Charter. The Clerk of Council shall report directly to the President of Council and shall receive a salary fixed by Council. The Clerk of Council shall work for no other City department nor hold any other employment which can be construed as a conflict of interest.
   During the absence or disability of the Clerk of Council, Council shall appoint a replacement, other than a Council member, to temporarily perform all the duties of that office. (Approved by voters 11-4-14)
MUNICIPAL COURT
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