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Each ordinance or resolution shall be recorded in a book or other record prescribed by the Council, established and maintained for that purpose. The Clerk of Council, or a duly authorized deputy to said Clerk, shall, upon the request of any person and upon the payment of a fee, as established by the Council, certify true copies of any ordinance or resolution, which certified copies shall be admissable as evidence in any court.
No ordinance or resolution, or any section thereof, shall be revised or amended unless the new ordinance or resolution contains the entire ordinance, resolution or section or subsection as revised or amended, and the ordinance, resolution or section or subsection so amended shall be repealed. This requirement shall not prevent the amendment of an ordinance or resolution by the addition of a new section, sections, subsection or subsections and in such case the full text of the former ordinance or resolution need not be set forth. This requirement shall not prevent repeals by implication by the subsequent enactment of an inconsistent provision.
Except in the case of a codification or recodification of ordinances and resolutions, a separate vote shall be taken on each ordinance or resolution proposed to be amended.
Ordinances and resolutions that have been introduced and have received their first reading, or their first and second reading, but have not been voted on as to passage, may be amended or revised upon approval of a majority vote of the members of the Council, and such amended or revised ordinance or resolution need not receive readings in addition to the readings required by Section 6.05 of this Charter because of such amendment or revision.
Each ordinance or resolution establishing, amending, revising, changing or repealing zoning classifications, districts, uses, or regulations shall be referred to the Planning Commission immediately after its first reading. Within thirty (30) days of such referral the Planning Commission shall cause such ordinance or resolution to be returned to the Clerk of Council together with the written recommendations of the majority of the members of such Commission.
No such ordinance or resolution which violates, differs from, or departs from the written recommendations of the Planning Commission shall take effect unless passed and approved by a vote of not less than four (4) of the members of the Council. This provision shall not be construed to mean that an ordinance or resolution recommended for passage by the Planning Commission shall be passed by less than the votes required by Section 6.06 of this Charter.
Council may, by ordinance, adopt standard ordinances and codes prepared by the Federal government or any agency thereof, the State or any department, board or other agency or political subdivision of the State, or any standard or model ordinance or code prepared and promulgated by a public or private organization, including, but not limited to, codes and regulations pertaining to fire, fire hazards, fire prevention, plumbing code, electrical code, building code, refrigeration machinery code, piping code, boiler code, heating code, air conditioning code, housing code, and such other matters as the Council may determine to be appropriate by incorporation by reference. The ordinance adopting any such standard ordinance or code shall make reference to the date and source of such standard ordinance or code without reproducing the same at length in the ordinance. In such cases, publication of the standard ordinance or code shall not be required, but at least one (1) copy of such code shall be kept at all times in the office of the Clerk of Council and available for reference by interested persons. If the standard ordinance or code, after its adoption by reference by the Council, is amended, the Council may adopt the amendment or change by incorporation by reference in an ordinance under the same procedure as is established herein for the adoption of the original standard ordinance or code without the necessity of setting forth in full in the ordinance the provisions either of the amendment or change to the original ordinance or the standard ordinance or code.
By a majority vote of the members of the Council, the Council may cause the ordinances and resolutions of the Municipality to be revised, codified, recodified, rearranged, or published in book form. Such revisions, codification, recodification, rearrangement or publication of ordinances and resolutions in book form shall be immediately effective upon approval of a majority vote of the members of the Council, and may contain new matter therein. The Clerk of Council shall cause a notice of such proposed revision, codification, recodification, rearrangement or publication of ordinances in book form to be published one (1) time in a newspaper determined by the Council to be of circulation within the Municipality at least seven (7) days prior to the final approval thereof by the Council, and no further publication shall be necessary. A current service supplementing such revision, codification, recodification, rearrangement or publication of ordinances and resolutions in book form shall be maintained in the manner prescribed by the Council.
Each ordinance or resolution, when introduced in the Council, shall be published as hereinafter provided:
a. By publication in full once in a newspaper determined by Council to be of circulation within the Municipality; or
b. By publication of its title, and a brief description of the context, once in a newspaper determined by Council to be of circulation within the Municipality, and such publication shall contain a statement that a copy of the full text of such ordinance or resolution is posted for inspection at the Municipal Building, Columbiana, Ohio. The Clerk of Council shall cause such publication to be made immediately following introduction, and posted for seven (7) consecutive days, if posting is required.
A failure to post or publish, omission, delay or error in said publication on the part of a newspaper, its officers, employees or agents, shall not cause such ordinance or resolution to be declared invalid, or otherwise affect the validity of such ordinance or resolution, and in such events the Clerk of Council may post or authorize publication at a later date. After the posting or publication of each ordinance or resolution as hereinabove provided, the Clerk of Council shall affix the appropriate following certification to the copy of the ordinance or resolution maintained in the official journal or record provided for in Section 6.10 of this Charter, and such certification shall be prima facie evidence of such publication.
1. The following Certificate of Publication shall be used when the full text of an ordinance or resolution is published as provided by subparagraph a. of this section:
CERTIFICATION OF PUBLICATION
I, the undersigned Clerk of Council of the Village (City) of Columbiana, Ohio, hereby certify that the full text of the foregoing (ordinance or resolution) was published in the (name of newspaper in which publication took place) on the ___________________ day of ________________________, 20___, and that at such date said newspaper was determined by the Council to be of circulation within the Village (City) of Columbiana, Ohio.
Dated this ____________ day of __________________, 20___.
CLERK OF COUNCIL
VILLAGE (CITY) OF COLUMBIANA, OHIO
2. The following Certificate of Publication shall be used when the title to an ordinance or resolution is published as provided by subparagraph b. of this section:
CERTIFICATION OF PUBLICATION
I, the undersigned Clerk of Council of the Village (City) of Columbiana, Ohio, hereby certify that the title to the foregoing (ordinance or resolution) was published in the (name of newspaper in which publication took place) on the _____ day of __________, 20___, and that at such date said newspaper was determined by the Council to be of circulation within the Village (City) of Columbiana, Ohio; and that said publication contained in addition to the title of the foregoing (ordinance or resolution) a statement that a copy of the full text of such (ordinance or resolution) was posted for inspection for seven (7) consecutive days at the Municipal Building, Columbiana, Ohio.
Dated this _____________ day of ________________ , 20____.
CLERK OF COUNCIL
VILLAGE (CITY) OF COLUMBIANA, OHIO
The failure of the Clerk of Council to affix the appropriate “Certificate of Publication” provided hereinabove shall not affect the validity of an otherwise duly and properly enacted ordinance or resolution.
(Amended Nov. 2, 1976)