ADOPTING ORDINANCE NO.
Introduced by:
AN ORDINANCE TO APPROVE, ADOPT AND ENACT THE CODIFIED ORDINANCES; TO REPEAL ORDINANCES IN CONFLICT THEREWITH; TO PUBLISH THE ENACTMENT OF NEW MATTER; AND DECLARING AN EMERGENCY.
WHEREAS, the Council of the Village of Newburgh Heights, Ohio, has had the matter of codification and general revision of the ordinances before it for some time, and
WHEREAS, it has heretofore entered into a contract with the Walter H. Drane Company to prepare and publish such codification, and
WHEREAS, the codification of such ordinances, together with the new matter to be adopted, the matters to be amended and those to be repealed, are before the Council,
BE IT RESOLVED BY THE COUNCIL of the Village of Newburgh Heights, County of Cuyahoga, and State of Ohio:
SECTION 1. That the ordinances of the Village of Newburgh Heights, Ohio, of a general and permanent nature, as revised, codified, rearranged and consolidated into component codes, titles, chapters and sections are hereby approved, adopted and enacted as the Codified Ordinances of the Village of Newburgh Heights, Ohio, 2004.
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 records of the Village of Newburgh Heights, Ohio.
SECTION 2. That the provisions of this Ordinance, including all provisions of the Codified Ordinances, shall be in full force and effect as provided by law. All ordinances and resolutions or parts thereof enacted prior to which are inconsistent with any provision of the Codified Ordinances, are hereby repealed as of the effective date of this Ordinance except as follows: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 provisions prior to the effective date of such enactment, or any 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 provisions, 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 May 1, 2004.
SECTION 3. That the Clerk of Council, pursuant to Ohio Revised Code Section 731.21 shall publish a succinct summary of this Ordinance which shall contain notice that the complete text of this Ordinance may be obtained or viewed, and the Codified Ordinances viewed, at the office of the Clerk of Council and may be viewed at any other location designated by Council. The Solicitor shall review the summary prior to forwarding it to the Clerk for publication to ensure that the summary is legally accurate and sufficient.
SECTION 4. That each section of the Codified Ordinances without an ordinance or resolution history at the end thereof indicates that the section contains new material which is hereby enacted by this adopting ordinance.
SECTION 5. That through authentication and approval of this Ordinance, the Mayor and Clerk of Council shall certify that the permanent and general ordinances of the Municipality as codified therein are correctly set forth and constitute the Codified Ordinances of Newburgh Heights, Ohio, 2004.
SECTION 6. That this Ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, welfare and safety for the reason that there exists an imperative necessity for the earliest publication and distribution of the Codified Ordinances to the officials and residents of the Municipality, so as to facilitate administration, daily operation and avoid legal entanglements, including conflict with general State law.
PASSED:
MAYOR
Approved as to Form:
Solicitor for Village of
Newburgh Heights, Ohio
CLERK- TREASURER
CONTENTS
Preliminary Unit
CODIFIED ORDINANCES OF NEWBURGH HEIGHTS, OHIO
PART ONE - Administrative Code
PART THREE - Traffic Code
PART FIVE - General Offenses Code
PART SEVEN - Business Regulation Code
PART NINE - Streets, Utilities and Public Services Code
PART ELEVEN - Planning and Zoning Code
PART THIRTEEN - Building Code
PART FIFTEEN - Fire Prevention Code