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Each ordinance or resolution shall be recorded in a book, or other record prescribed by the Council, established and maintained by the Clerk of Council 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 and deliver true copies of any ordinance or resolution, which certified copies shall be admissible as evidence in any Court.
No ordinance or resolution or any section thereof shall be revised or amended unless the legislation revising or amending contains the entire provision of the ordinance, resolution, or section thereof in its amended or revised form; and the ordinance, resolution or section thereof so revised or amended, be repealed.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 repeal by implication in the case of subsequent enactment of provisions inconsistent with previous legislation.
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, may be amended or revised by a majority vote of all of the members of the Council at any time prior to a vote on passage thereof; and such ordinance or resolution as amended or revised need not receive three (3) additional readings under Section 4.05
of this Charter merely because of such revision or amendment.
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 recommendation of the Planning Commission shall take effect unless passed and approved by a vote of not less than three-fourths (3/4) of all 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 4.06
of this Charter.
The Mayor-President of Council 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 thirty 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 at least fifteen (15) days prior to the date of such public hearing; and when such amendment, revision, change, or repeal involves ten (10) 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 fifteen (15) 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 notice shall not invalidate any such ordinance or resolution.
During such fifteen (15) days, the text or copy of the text of such ordinance or resolution, together with the maps or plans, or copies thereof, forming part of or referred to in such ordinance or resolution; and the maps, plans, and reports submitted by the Planning Commission, shall be on file, for public examination, in the office of the Clerk of Council, or in such other office as is designated by the Council.
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 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 one 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.
The publication required by Section 4.16
of this Charter shall be satisfied by the publication of the adopting ordinance only, providing such adopting ordinance shall clearly identify such standard ordinance or code adopted thereby; shall state the purpose of the standard ordinance or code; shall state that a complete copy of such standard ordinance or code is on file with the Clerk of Council and is available for reference by interested persons; and that said Clerk has copies available for distribution to the public at cost.
By a majority vote of all 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 revision, codification, recodification, rearrangement, or publication of ordinances and resolutions in book form shall be immediately effective upon affirmative vote of a majority of all 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, and recodification, rearrangement, or publication of ordinances and resolutions 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, which approval shall be by way of ordinance; and no further publication shall be necessary. Such notice shall contain the title of the approving ordinance, and a summary of the new matters to be enacted thereby.
Each ordinance or resolution passed by the Council shall be published, unless otherwise provided or excepted from the requirement of publication by this Charter:
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 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 available for inspection at the office of the Clerk of Council, Municipal Building, Sebring, Ohio; or
c. By posting for seven (7) continuous days in a prominent place at the Municipal Building, Sebring, Ohio.
The method of publication, in accordance with this section, shall be determined by motion of the Council and the Clerk of Council shall cause such publication to be made immediately following passage.
A failure to post or to 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 4.10
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 subsection a. of this section:
Certificate of Publication
I, the undersigned Clerk of Council of the Municipality of Sebring, 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 , 19 , and that at such date said newspaper was determined by the Council to be of circulation within the Municipality of Sebring, Ohio.
Dated this day of , 19___.
Clerk of Council
Municipality of Sebring, Ohio
2. The following Certificate of Publication shall be used when the title to an ordinance or resolution is published as provided by subsection b. of this section.
Certificate of Publication
I, the undersigned Clerk of Council of the Municipality of Sebring, 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 ,19 , and that at such date said newspaper was determined by the Council to be of circulation within the Municipality of Sebring, Ohio; and that said publication contained in addition to the title to the foregoing (ordinance or resolution) a statement that a copy of the full text of such (ordinance or resolution) was available for inspection at the office of the Clerk of Council, Municipal Building, Sebring, Ohio.
Dated this day of , 19___ .
Clerk of Council
Municipality of Sebring, Ohio
3. The following Certificate of Publication shall be used when an ordinance or resolution is posted as provided by subsection c. of this section:
Certificate of Publication
I, the undersigned Clerk of Council of the Municipality of Sebring, Ohio, hereby certify that the foregoing (ordinance or resolution) was posted in a prominent place at the Municipal Building, Sebring, Ohio, for seven (7) continuous days, to wit: (insert dates of posting).
Dated this day of , 19___.
Clerk of Council
Municipality of Sebring, 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.