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The Mayor, with the concurrence of a majority of Council, shall appoint a Civil Service Commission consisting of three (3) electors of the City not holding other Municipal office or appointment, to serve for a term of six (6) years. A vacancy occurring during the term of any member of the Commission shall be filled for the unexpired term in the manner authorized for an original appointment.
The Civil Service Commission shall designate one of its members as Chairperson and may appoint a Secretary who need not be a member of the Commission and who may hold other Municipal office or appointment.
Members of the Civil Service Commission shall serve without compensation unless otherwise provided by ordinance. A sufficient sum shall be appropriated by Council to pay expenses of the Commission and to otherwise carry out the civil service provisions.
The Civil Service Commission shall provide by rule for the qualification and promotion of personnel in the administrative service of the City according to merit, to be ascertained, insofar as practical, by open competitive examinations, as required by the State Constitution. The Commission shall review the rules every three (3) years. No amendments to the Commission’s rules shall be made by the Civil Service Commission nor shall any rule be repealed nor any new rule adopted at the same meeting at which it is proposed. No final action to amend, repeal or supplement rules shall be taken in less than seven (7) days after its proposal. All amendments to rules shall be subject to the approval of Council prior to becoming effective.
The Civil Service Commission shall recommend to Council for their approval the exempt or unclassified positions in the City with City Council’s approval. The Commission’s determination of exempt or unclassified positions shall be guided by the laws of the State of Ohio.
The Commission shall provide for appeals from the action of the Mayor in any case of transfer, reduction or removal, and the action of the Commission shall be final. The Commission shall keep a record of its proceedings and examinations, which shall be open to public inspection.
The Mayor, at any time, may suspend any member of the Civil Service Commission for inefficiency, neglect of duty, malfeasance, misfeasance, nonfeasance, incapacity or incompetency. The suspended Civil Service Commission member may request a hearing before City Council. The suspension shall not become final without the concurrence of two-thirds (2/3) of the members of Council.
(Amended 5-2-1995)
All general laws of the State of Ohio as now or hereafter enacted which are not in conflict with this Charter, as now enacted or hereafter amended, or with any ordinance enacted hereunder shall apply to the government of the Municipality; and all ordinances, resolutions and by-laws in force in the Municipality at the time when this Charter takes effect which are not inconsistent with the provisions of this Charter shall continue in full force and effect until amended or repealed.
The taking effect of this Charter shall not affect any pre-existing rights of the Municipality, nor any right or liability or pending suit or provision either on behalf of or against the Municipality, nor any contract entered into by the Municipality, nor any franchise granted by the Municipality, nor pending proceedings for the authorization of public improvements or the levy of assessments therefor.
Except as hereinafter in this section provided, if a person holding an elective office in the Municipality shall be called into active military service during his or her elective term, his or her office shall be filled as provided by this Charter. The person filling such office may hold such office until the expiration of the elective term or until the person he or she replaced is able to resume such office, whichever shall first occur. In case of the death, resignation or removal of a substitute office holder, another substitute office holder shall be selected in accordance with the foregoing procedure. If, prior to the expiration of the elective term, an elected office holder who was called into active military service becomes able to resume his or her office, he or she shall be permitted to do so. Membership in the military reserve or State Militia shall not create a vacancy in office unless the office holder is called to full time military service for a period exceeding ninety (90) consecutive days.
(Amended 11-2-2004; 5-6-2014)
Any other provision in this Charter to the contrary notwithstanding, the territory within the Municipality which is zoned for industrial uses, as defined by the Zoning Ordinance in effect on January 1, 1952, shall not be increased in area by action of Council unless such increase is approved by a majority of the votes cast by the electors of the Municipality on the question of such increase.
The Council of the Municipality may, upon the recommendation of the Planning Commission, increase the territory within the Municipality which is zoned for industrial use by rezoning for such use the following described property, or any portion thereof:
Situated in the City of Avon Lake, County of Lorain, State of Ohio, a part of Avon Township Section Number 17, and being a part of permanent parcel numbers 04-00-017-102-067, 04-00-017-102-056, 04-00-017-102-017, 04-00-017-102-088 and 04-00-017-102-058 that are of record in May of 1994, at the Lorain County Tax Map Department, and being more fully described as follows:
Beginning at a monument box found set at the intersection of the centerline of Belmont Drive (50 feet wide), and the centerline of Avon Belden Road - State Route 83 (60 feet wide);
Thence southerly along the centerline of Avon Belden Road, a distance of about 140 feet to a point;
Thence westerly, in part along the southerly line of permanent parcel number 04-00-017-102-052, a distance of about 600 feet to the principal place of beginning, the southwest corner of permanent parcel number 04-00-017-102-052;
Thence southerly and crossing the following permanent parcel numbers, 04-00-017-102-058, 04-00-017-102-088, 04-00-017-102-017 and 04-00-017-102-067, a distance of about 854 feet to a point in the southerly line of permanent parcel number 04-00-017-102-067, said point being 600 feet westerly from the centerline of Avon Belden Road;
Thence westerly along the southerly lines of permanent parcel number 04-00-017-102-056, and in part 04-00-017-102-067, a distance of about 1,731 feet to the southwest corner of permanent parcel number 04-00-017-102-056, said corner being also in the westerly line of Section Number 17;
Thence northerly along the westerly line of Section Number 17, and the following westerly lines of permanent parcel numbers 04-00-017-102-056, 04-00-017-102-017, 04-00-017-102-088 and 04-00-017-102-058, a distance of about 1,592 feet to the northwest corner of permanent parcel number 04-00-017-102-058;
Thence easterly along the northerly line of permanent parcel number 04-00-017-102-058, a distance of about 1,728 feet to the northeast corner of permanent parcel number 04-00-017-102-058;
Thence southerly along the easterly line of permanent parcel number 04-00-017-102-058, a distance of about 723 feet to the principal place of beginning, containing about 63 acres, more or less.
(Amended 11-8-1994)
The Council of the Municipality may, upon the recommendation of the Planning Commission, increase the territory within the Municipality which is zoned for industrial use by rezoning for such use the following described property, or any portion thereof:
(a) Situated in the Municipality of Avon Lake, County of Lorain and State of Ohio, and known as being a part of Original Avon Township Section No. 8, bounded and described as follows:
Bounded southerly, by the northerly line of the Industrial District as heretofore established in said Original Avon Township Section No. 8; bounded westerly, by the center line of Moore Road; bounded northerly, by the center line of Webber Road; bounded easterly, by the easterly line of said Original Avon Township Section No. 8, excepting from the above described premises, the parcel of land conveyed by Flossie A. Weiss and Louis C. Weiss to the Village of Avon Lake by deed dated December 8, 1952, and recorded in Volume 559, page 184 of Lorain County Records.
(Enacted 11-8-1960)
(b) Situated in the City of Avon Lake, County of Lorain, and State of Ohio, and bounded northerly by Lake Erie; bounded easterly by the present “I” Industrial District; bounded southerly by the northerly property line of land conveyed to the Village of Avon Lake by deed dated February 14, 1948, and recorded in Vol. 434, Page 278, of Lorain County Records and presently in use as the site of the Avon Lake Sewage Treatment Plant; bounded westerly by the westerly property line, and its northerly extension to Lake Erie, of land conveyed to Eugene and Martha Haussman as recorded in Vol. 314, Page 445, of Lorain County Records, and being about 460 feet westerly of the present “I” Industrial District at the point where said westerly boundary intersects the low water mark of Lake Erie; and in addition to the above described area, that portion of land now owned by the Cleveland Electric Illuminating Company now being used for industrial purposes and being the property that is bounded northerly by Lake Road; bounded easterly by property now owned by the Frielingsdorf Company; bounded southerly by the right-of-way of Electric Boulevard (proposed); bounded westerly by the present “I” Industrial District, and the combined area of portions of all land herein described being not more than 21 acres.
(Enacted 5-3-1966)
(c) Situated in the City of Avon Lake, County of Lorain, State of Ohio and being a part of the Avon Park Subdivision Proposed, and the entire Krogh-Barr Syndicate’s Avon Beach Allotment Proposed and bounded on the north by Electric Boulevard, on the east by the transmission line right of way of petitioner known as its Avon Lines, on the south by the commercial zoning fronting on Walker Road, and on the west by Norfolk and Western Railway Company right of way.
(Enacted 5-4-1971)
The determination that any section or part thereof of this Charter is invalid, shall not invalidate nor impair the force or effect of any other section or part thereof, except to the extent that such other section or part thereof is dependent for its operation upon the part declared invalid; and in the event any section or sections or parts thereof shall be held invalid, then the laws of the State of Ohio pertaining to municipalities and dealing with the same subject matter shall apply.
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