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(a) Appointment. The Law Director shall be appointed by the Mayor subject to the approval of a majority of the members elected to Council. Assistants may be provided for as Council shall from time to time see fit.
(b) Qualifications. The Law Director shall be an attorney-at-law duly licensed in the State of Ohio and admitted to the practice of law before the Courts of the State of Ohio. The Law Director shall have: (1) At least ten (10) years of experience in the active practice of law, including litigation experience; and (2) A minimum of five (5) years full-time and/or substantial part-time experience in the practice of municipal and/or governmental civil law.
(c) Duties. The Law Director shall serve the Mayor, the various administrative departments, boards, and officers of the Municipality and the Council, as attorney and legal counsel, and shall represent the Municipality in all proceedings in court or before any administrative body. The Law Director shall act as prosecuting attorney before the Mayor’s Court or upon appeals from the decision of the Mayor. The Law Director shall perform all other duties now or hereafter imposed by law upon legal counsel of cities unless otherwise provided by ordinance by Council, and shall perform such other duties as the Council or the Mayor may require consistent with such office.
(d) Removal. The Law Director shall hold office at the pleasure of the Mayor.
(Amended 11-5-13)
(a) Membership. The Planning Commission shall consist of seven (7) members: the Mayor; one member of Council or a person appointed by Council to act in its stead as its designee; and five (5) members appointed by the Mayor subject to the approval of a majority of the members elected to Council. Appointed members shall hold no other municipal office or appointment. The Mayor shall have the right to remove any appointed member he or she has appointed for cause. The Council shall have the right to remove the member it has appointed for cause.
(b) Terms of Office. Present members of the Planning Commission shall continue to serve until their terms are completed. Members may succeed themselves. The term of members appointed by the Mayor shall be for four (4) years. The term of the member appointed by Council shall be two (2) years. (Amended 11-7-23.)
(c) Vacancy. A vacancy occurring during the term of any member shall be filled for the unexpired term in the manner authorized for an original appointment.
(d) Compensation. The members of the Planning Commission shall serve without compensation unless otherwise provided by ordinance.
(e) Duties. The Planning Commission shall meet at least once a month. It shall be the function and duty of the Planning Commission to act as the Platting Commissioner of the Municipality and as such it shall have control of planning and shall provide regulations covering the platting of all lands within the Municipality or within three miles thereof in cooperation with other municipalities, so as to secure the harmonious development and to provide for the coordination of streets with other streets and with the official municipal plan and to provide for open spaces for traffic, utilities, access of fire fighting apparatus, recreation, light and air, and for the avoidance of congestion of population. It shall make such regulations as it deems necessary as to the manner in which streets and other public ways shall be graded and improved; the manner in which and the extent to which water, sewer and other utility mains, piping or other facilities shall be installed, or establish any other conditions precedent to the approval of a proposed plat. The Commission shall make plans and maps of the whole or any portion of the Municipality and of any land outside the Municipality which, in the opinion of the Commission, bears a relation to the planning of the Municipality and to make changes in, additions to, and extensions of such plans or maps when it deems the same advisable. It shall have such powers as may be conferred on it by ordinance of the Council concerning the plan, design, location, removal, relocation and alteration of any public building or structure or those located on public streets or property, the location, relocation, widening, extension and vacation of streets, parkways, playgrounds and other public places, the zoning and rezoning of the Municipality for any lawful purpose and such other powers as now or may hereafter be conferred upon it by ordinance of Council or the general laws of Ohio. All plans and recommendations made by the Planning Commission shall be submitted to Council for approval before the same shall be considered as official unless otherwise provided by ordinance of Council.
(f) Funds. A sufficient sum shall be appropriated by the Council each year to carry out the planning provisions of this Charter.
(g) Mandatory Referral to Planning Commission. No public building, street, boulevard, parkway, park, playground, bridge, tunnel, publicly or privately owned utility or part thereof shall be constructed or authorized to be constructed in the Municipality, nor shall any street, avenue, parkway, boulevard or alley be opened for any purpose whatsoever, nor shall any street, avenue, parkway, boulevard or alley be widened, narrowed, relocated, vacated, or its use changed, or any ordinance referring to zoning or other regulations controlling the use or development of land, be adopted unless and until it shall have been submitted to the Planning Commission for report and recommendation. Any matter so referred to the Planning Commission shall be acted upon by it within sixty (60) days from the date of referral unless a different period of time be provided by Council. If the Planning Commission shall fail to act within the time allotted, it shall be deemed to have approved such matter. Any provision or any resolution, ordinance or order disapproved by formal action of the Planning Commission shall require a two-thirds (2/3) vote of all members of the Council for adoption or authorization. If any plan, design or other proposal concerning the character, extent, location, or use of any public improvement or public property or change thereof within the territorial limits of the Municipality does not, under the law or Charter provision covering same, fall within the province of the Council or other official or agency of the Municipality, then the submission to the Planning Commission shall be by the State, County, district, school, township or other official body, board or commission having jurisdiction over such public improvement or property in accordance with the provisions of the general law of the State of Ohio. The Planning Commission's disapproval may be overruled at any time after seven (7) days' written notice by the excepting body to the Planning Commission stating the reason for such exception. Such overruling disapproval must be adopted by at least two-thirds (2/3) of the membership of such excepting body.
(h) Mandatory Referral to Electors. Whenever the number of dwelling units in multiple-family dwelling units exceeds fifteen percent (15%) of the total of all dwelling units in the Municipality, any rezoning or zoning for apartment multiple-family dwelling use (excluding two-family, townhouse, and cluster dwelling use) approved by the Planning Commission and Council shall be submitted by Council to the electorate at the next general election, or at a special election within one hundred twenty (120) days if the applicant for zoning or rezoning agrees to assume all costs of the election and post bond with the City Fiscal Officer. The applicant shall further agree to authorize the City Fiscal Officer to advertise, and assume the obligations to pay, for a notice of the posted bond and the requested land use change in at least three (3) newspapers of general circulation, or all newspapers of general circulation, whichever shall be the lesser number of said newspapers. The said notices shall be placed in the newspapers three (3) times before election, each notice to be two (2) weeks apart, with the last of such notices to be published within one (1) week prior to the date of the election. If there be no applicant to rezoning or zoning the foregoing required advertisement shall be done at the request of Council. Approval by a majority of the electors voting thereon is mandatory for the zoning or rezoning to pass.
(Amended 11-2-04.)
(Amended 11-2-04.)
(a) Board Membership. There shall be a Board of Zoning Appeals which shall consist of five (5) members appointed by the Mayor with the approval of a majority of members elected to Council. Members of the Board of Zoning Appeals shall hold no other Municipal office or appointment. Present members of the Board of Zoning Appeals at the time this Charter amendment is adopted shall continue to serve until their terms are completed. Members may succeed themselves. The term of members shall be four (4) years. The Mayor shall have the right to remove any member of the Board of Zoning Appeals for cause.
(b) Powers. It shall be the duty of the Board of Zoning Appeals to hear and decide appeals made for exceptions to and variations in the Zoning Ordinance of the Municipality in conformity with the purpose and intent thereof and to hear and decide all appeals made for exceptions to and variations in the application of Zoning Ordinances, or orders and regulations of administrative officials or agencies in regard thereto. The Board of Zoning Appeals shall permit an exception or variance from the Zoning Ordinance only when there are practical difficulties or unnecessary hardships in the way of carrying out the strict interpretation of said Zoning Ordinance and so long as the granting of such exception or variance will be in harmony with general purpose and intent of said Ordinance and that the public health, safety and general welfare will continue to be secured and substantial justice done.
(c) Council Review. Any order of the Board granting a variance or exception shall not be final and take effect until the next regularly scheduled Councll meeting or the fourteenth (14th) day after the date of the order of the Board, whichever date is earlier. The aforesaid provision shall not apply to any order of the Board granting a variance or exception for any residential use and/or property. During such time period, the applicant, the Building Commissioner or an elected official of the City may request a review by the Council of the City of the findings and determination of the Board. A request for review may be granted by the Council if it finds and determines that one or more matters at issue in such a request significantly alter or involve the implementation of any part of a master or comprehensive plan for the City, a purpose of the Planning or Zoning Code of the City, or the intent of the Council in their adoption. If a request for review is approved by the Council, then, the Council shall hear the application or appeal de novo, and may reverse, amend or modify the findings and determination of the Board. When a request for review is approved by Council, any variance or exception granted by the Board shall be void and no effect, unless Council shall fail to hear and decide the matter de novo within thirty (30) days after the date of approval by it of the request for review, or within such enlargement of time as may be determined by the Council for good cause shown.
(Amended 11-2-04; 11-7-23)
(a) Membership. The Civil Service Commission shall consist of five (5) electors of the Municipality not holding other municipal office or appointment, to be appointed by the Mayor, with the approval of a majority of the members of Council. The term of members shall be four (4) years. Members may succeed themselves. A vacancy occurring during the term of any member of the Commission shall be filled for the unexpired term by the Mayor with the approval of a majority of the members of Council. Present members of the Civil Service Commission at the time this Charter amendment is adopted shall continue to serve until their terms are completed.
(Amended 11-7-23)
(b) Officers. The Commission shall designate one of its members as chairman and may appoint a secretary who need not be a member of the Commission and may hold other municipal office or appointment. The Mayor shall have the right to remove any member for cause.
(c) Classification of Service. The civil service of the Municipality is hereby divided into the unclassified and the classified service.
The classified service shall include all sworn police officers in the Police Department including the Police Chief, and all Police radio dispatchers.
The classified service shall also include all sworn officers in the Fire Department including the Fire Chief.
All other directors, officers, elected officials, members of boards and commissions, employees and any other persons in positions not specifically included in the classified service shall be in the unclassified service.
(d) Duties. In all matters dealing with the civil service of the City, the Commission shall provide by rule for ascertainment of merit and fitness as the basis for appointment and promotion in the classified service of the Municipality, as required by the Constitution of the State of Ohio; for the basis and method for determination of eligibility, certification, appointment and promotion of candidates for positions in the classified service; for the conduct of the affairs of the Commission; and for appeals from the action of the Mayor in any cause of transfer, reduction, suspension, or removal, and the action of the Commission on any such appeal shall be final. The Commission may adopt rules or regulations in accordance with home rule which may differ from state law, including but not limited to rules and regulations concerning examinations, eligibility lists, appointments, probationary periods, promotions, transfers, layoffs, leaves of absence, reductions in pay or position, suspensions, removals, resignations, job abolishments, discharges, assignments or re-assignments, reinstatements, or appeals from the actions of the Mayor, and the manner of conducting related proceedings. The Commission shall keep a record of its proceedings which shall be open to public inspection.
(e) Compensation and Funds. Members of the Civil Service Commission shall serve without compensation unless otherwise provided by ordinance. A sufficient sum shall be appropriated by the Council each year to carry out the civil service provisions of this Charter.
(Amended 11-4-08; 11-5-13)
The City Engineer shall be the head of the Department of Engineering. He shall be a registered professional civil engineer in the State of Ohio, and shall have been a practicing engineer for at least five (5) years. He shall be appointed by the Mayor subject to the approval of a majority of the members elected to Council and hold office at the pleasure of the Mayor. He shall, in addition to performing the duties and functions consistent with his office, examine and approve or disapprove all plans for subdivisions and installation or improvement of streets, sanitary sewers, storm sewers and appurtenances thereto, and shall exercise continuing control and inspection over said installations and improvements while work is in progress.
(Adopted 11-5-68.)
(Adopted 11-5-68.)