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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.
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or subsection as revised or amended, and the ordinance, resolution or section or sub-section so amended shall be repealed.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, sub-section or sub-sections and in such case the full text of the former ordinance or resolution need not be set forth.
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 by a vote of at least four members of the Council, and such amended or revised ordinance or resolution need not receive further readings or be re-read.
Each ordinance or resolution establishing, amending, revising, changing or repealing zoning classifications, districts, uses, or regulations shall be referred to the Planning Commission. Within twenty-five 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 unless said time is extended by Council.
No such ordinance or resolution which violates, differs from, or departs from the written recommendation of the Planning Commission shall take effect unless passed and approved by a vote of not less than four members of the Council.
(Amended November 3, 1987)
The Mayor or other presiding officer of the Council shall set a date for a public hearing on each ordinance or resolution establishing, amending, revising, changing or repealing zoning classifications, districts, uses, or regulations, which hearing shall be after the twenty-five day period provided in Section 4.12 within which the Planning Commission is required to return its written recommendations to the Clerk of Council. The Clerk of Council shall cause a notice of such public hearing to be published one time in a newspaper determined by the Council to be of circulation within the Municipality or cause such notice to be published on the City website at least ten days prior to the date of such public hearing, and when such amendment, revision, change, or repeal involves ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by certified mail with return receipt, at least ten days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from such parcel or parcels to the addresses of such owners appearing on the County Auditor’s current tax list or the Treasurer’s mailing list and to such other lists as may be required by the Council. The failure of delivery of such mail notice and the failure to publish, or error or omission in said publication, shall not invalidate any such ordinance or resolution.
(Amended November 3, 1987; Amended February 8, 2021 (approved November 3, 2020))
Council may, by ordinance or resolution, adopt standard ordinances and codes prepared by 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 for adoption by reference, 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 three copies of such code shall be kept at all times in the office of the Clerk of Council and available for reference by interested persons and copies of such standard ordinance and code shall be available for sale by said Clerk. 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.
A. By a vote of not less than four of the members of 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 not less than four members of the Council and may contain new matter therein.
B. The Clerk of Council shall cause a notice of such proposed revision, codification, recodification, rearrangement or publication of ordinances and resolutions in book form to be published one time in a newspaper determined by the Council to be of circulation within the Municipality or cause such notice to be published on the City website at least seven days prior to the final approval thereof by the Council. The notice that is to be published shall state the date, time and place of the meeting. The full text of the revision, codification, recodification, rearrangement or publication of ordinances and resolutions in book form need not be published.
C. 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.
(Amended February 8, 2021 (approved November 3, 2020))
The Clerk of Council shall cause each ordinance and resolution adopted to be published in one of the following manners to be determined by the Council.
A. By posting a copy of the ordinance or resolution in one public place in the Municipality as determined by the Council, for a period of fifteen days, or
B. By publishing the title of the ordinance or resolution once in a newspaper, circular or other publication determined by Council to be of circulation within the Municipality, or
C. By publishing a concise summary of the provisions of the ordinance or resolution once in a newspaper, circular or other publication determined by Council to be of circulation within the Municipality.
Failure to post or publish ordinances or resolutions as required by this section, or an omission, delay, or error in such posting or publication, or failure to maintain posting of an adopted ordinance or resolution for a period of fifteen days as required by paragraph A. of this section, shall not invalidate any ordinance or resolution, nor shall such failure give rise to a defense to any action or prosecution brought under any ordinance or resolution, and in such events the Clerk of Council may authorize posting or publication at a later date, but such later posting or publication shall not be mandatory or necessary to the validity of any ordinance or resolution or action or prosecution thereunder.
In addition to the publication required above after an ordinance or resolution has been adopted, the Council may direct the Clerk of Council to post or publish notices of pending ordinances and resolutions prior to their adoption, but such prior posting or publication of such notices shall not be mandatory or necessary to the validity of any ordinance or resolution or action or prosecution thereunder.
The Clerk of Council shall affix the following certification to the copy of the ordinance or resolution maintained in the official journal or record required by Section 4.10 of this Charter, and such certification shall be prima-facie evidence of such publication:
Certificate of Publication
I, the undersigned Clerk of Council of the Municipality of Mason, Ohio hereby certify that the foregoing (ordinance or resolution) was published as required by Section 4.16 of the Charter of said Municipality by: (insert whichever of the following is appropriate: 1. “posting a copy thereof at (here insert location of the place where a copy was posted)” or 2. “publication of the title thereof once in (here insert the name of the newspaper, circular, or other publication) on the _____________ day of _________________ 20____ determined to be of circulation in Mason”, or 3. “publication of a concise summary of the provisions thereof once in (here insert the name of the newspaper, circular, or other publication) on the _________________ day of __________________ 20_____ determined to be of circulation in Mason.”)
(Signature )
Clerk of Council
Municipality of Mason, Ohio
The failure of the Clerk of Council to affix the “Certificate of Publication” provided hereinabove shall not affect the validity of an ordinance or resolution, or any action or prosecution thereunder.
ARTICLE V: MANAGER
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