Sec. 3.04 Vacancies in Council.
   (A)   A member of the Council shall be deemed to have vacated his office upon a declaration of the Council that such member:
      (1)   Does not possess or has failed to maintain the qualifications to the office of member of Council as provided in Section 3.03 of the Charter;
      (2)   Has resigned;
      (3)   Has failed to attend three consecutive regular meetings of the Council, unless any of such absences shall have been excused by a majority vote of the other members of Council, which excuse shall be granted within 30 days after the date of the meetings;
      (4)   Has been recalled as provided in Section 10.02 of the Charter;
      (5)   Has died; or
      (6)   Has been removed from office for malfeasance, misfeasance, or nonfeasance as provided by the general laws of Ohio.
   (B)   Upon the occurrence of any of the events described in Division (A) (1) through (A) (6) of the section, the Council shall declare the office of the affected member of Council to be vacated by a motion adopted by a majority vote of the remaining members of the Council. The Council shall provide written notice of its intention to consider whether to declare a vacancy in the Council to any affected Council member accused of conduct which gives rise to his removal for the reasons stated in division (A) (1), (A) (3), (A) (4), or (A) (6) of this section. Such notice shall set forth the proffered grounds for removal and the time, date, and place of the hearing, and shall be served upon such accused member by personal service or by mailing or leaving a copy of the notice at his or her usual place of residence at least ten days before the date of the hearing. The accused member shall have the right to appear, in person or by attorney, to contest the declaration of a vacancy. The remaining members of the Council shall, within 60 days after a vacancy is declared, fill the vacancy created by such declaration by appointing a person qualified to hold the office of member of Council. The appointment shall be made by a motion adopted by a majority vote of the remaining members of the Council. If the vacancy occurs subsequent to seven days before the date when candidates for the office of member of Council must file their nominating petitions or if two years or less remain the term of the incumbent who created the vacancy, the person appointed by the Council shall serve for the unexpired term. If the vacancy occurs at least seven days prior to the date when candidates for the office of Council must file their nominating petitions and more than two years remain in the term of the incumbent who created the vacancy, the person appointed by the Council shall serve until a successor is elected at the next regular municipal election for the remainder of the unexpired term. The person elected for the unexpired term at the next regular municipal election shall take office on the first day of January following his election;
   (C)   No action of the Council shall be invalidated because any member who voted on the action shall later be determined to have vacated his office due to the occurrence of any of the events described in division (A) of this section.