PRELIMINARY INFORMATION

Ordinance No. 101-99

ORDINANCE RECORD
COUNCIL OF THE VILLAGE OF BROOKLYN HEIGHTS

Ordinance No. 101-99   

By Stankiewicz    

AN EMERGENCY ORDINANCE TO APPROVE, ADOPT AND ENACT THE CODIFIED ORDINANCES OF BROOKLYN HEIGHTS, OHIO, 1999; TO REPEAL ORDINANCES AND RESOLUTIONS IN CONFLICT THEREWITH; TO APPROVE, ADOPT AND ENACT NEW MATTER THEREIN; AND TO PUBLISH THE ENACTMENT OF SUCH NEW MATTER.

   WHEREAS, Council has had the matter of codification and general revision of the legislation of the Village before it for some time, and

   WHEREAS, it has heretofore entered into a contract with The Justinian Publishing Company to prepare and publish such codification, and

   WHEREAS, the codification of such legislation, together with the new matter to be adopted, the matters to be amended and those to be repealed, is now before the Council.

   THE VILLAGE OF BROOKLYN HEIGHTS HEREBY ORDAINS THAT:

   Section 1. The ordinances and resolutions of the Village of Brooklyn Heights, Ohio, of a general and permanent nature, as revised, codified, arranged and consolidated into component codes, titles, chapters and sections, are hereby approved, adopted and enacted as the Codified Ordinances of Brooklyn Heights, Ohio, 1999.

   One book-form copy of the Codified Ordinances shall be certified as correct by the Mayor and the Clerk/Treasurer, attached to this ordinance as a part hereof, and filed with the permanent ordinance records of the Village of Brooklyn Heights, Ohio.

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   Section 2. All ordinances and resolutions or parts thereof that are in conflict or inconsistent with any provision of the Codified Ordinances are hereby repealed as of the effective date of this ordinance, except as follows:

   (a)   The enactment of the Codified Ordinances shall not be construed to affect a right or liability accrued or incurred under any legislative provision prior to the effective date of such enactment, or an action or proceeding for the enforcement of such right or liability. Such enactment shall not be construed to relieve any person from punishment for an act committed in violation of any such legislative provision, nor to affect an indictment or prosecution therefor. For such purposes, any such legislative provision shall continue in full force notwithstanding its repeal for the purpose of revision and codification.

   (b)   The repeal provided above shall not affect:

         (1)   The grant or creation of a franchise, license, right, easement or privilege;

         (2)   The purchase, sale, lease or transfer of property;

         (3)   The appropriation or expenditure of money or promise or guarantee of payment;

         (4)   The assumption of any contract or obligation;

         (5)   The issuance and delivery of any bonds, obligations or other instruments of indebtedness;

         (6)   The levy or imposition of taxes, assessments or charges;

         (7)   The establishment, naming, vacating or grade level of any street or public way;

         (8)   The dedication of property or plat approval;

         (9)   The annexation or detachment of territory;

   (10)   Any legislation enacted subsequent to December 31, 1998.

   Section 3. Pursuant to Ohio R.C. 731.23, the Clerk/Treasurer shall publish, in a manner required by law, a notice of the enactment of this ordinance, containing the title of this ordinance, together with a summary of the new matter contained in the Codified Ordinances hereby adopted, a copy of which summary is attached hereto as Exhibit A.

   Section 4. All sections and subsections in the Codified Ordinances of Brooklyn Heights without an ordinance or resolution history, or with the words "Adopting Ordinance" at the end thereof, are or contain new matter in the Codified Ordinances, said new matter having been found to be necessary, in the course of preparing the Codified Ordinances, to render the legislation of the Village internally consistent, consistent with local and current conditions, practices and procedures, and consistent with State law, where and as required by Article XVIII, Section 3, of the Ohio Constitution, as well as to adopt the latest editions of technical codes adopted by the Village by reference, and said new matter is hereby approved, adopted and enacted. A summary of such new matter is attached to this ordinance as Exhibit A and the same shall be published, together with notice of the adoption of this ordinance, as aforesaid, pursuant to Ohio R.C. 731.23.

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   Section 5. This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare of the Village of Brooklyn Heights. The reason for this emergency is the immediate need to have an accurate and current codification of the legislation of the Village, one which is consistent with current State law, as required by Article XVIII, Section 3, of the Ohio Constitution, with which to administer the affairs of the Village, assure law and order and avoid practical and legal entanglements. As such, this ordinance, and the Codified Ordinances of Brooklyn Heights, Ohio, 1999, hereby approved, adopted and enacted, shall go into effect immediately.

PASSED: September 7, 1999   

ATTEST: /s/ Barbara J. Grzelecki       APPROVED: /s/ Robert H. Tonne

Barbara J. Grzelecki,                            Robert H. Tonne,

Clerk/Treasurer                               Mayor

   CONTENTS

   PRELIMINARY UNIT

   General Index

   Comparative Section Table

   Tables of Special Ordinances

CODIFIED ORDINANCES OF BROOKLYN HEIGHTS, OHIO

   CHARTER

   PART TWO - Administration Code

   PART FOUR - Traffic Code

   PART SIX - General Offenses Code

   PART EIGHT - Business Regulation and Taxation Code

   PART TEN - Streets, Utilities and Public Services Code

   PART TWELVE - Planning and Zoning Code

   PART FOURTEEN - Building and Housing Code

   PART SIXTEEN - Fire Prevention Code