ADOPTING ORDINANCE

ORDINANCE NO. 2003-21
INTRODUCED BY: MAYOR AND COUNCIL AS A WHOLE

AN ORDINANCE REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE CITY OF UNIVERSITY HEIGHTS DEALING WITH SUBJECTS EMBRACED IN SUCH CODE, AND DECLARING AN EMERGENCY.

   WHEREAS, the present general and permanent ordinances of the City of University Heights are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety and general welfare of the municipality and for the proper conduct of its affairs; and

   WHEREAS, City Council is empowered and authorize to revise, amend, restate, codify and compile any existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form; and

   WHEREAS, City Council has authorized a general compilation, revision and codification of the ordinances of the City of University Heights of a general and permanent nature and publication of such ordinance in book form; and

   WHEREAS, it is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety and general welfare of the municipality that this ordinance take effect at an early date.

   NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF UNIVERSITY HEIGHTS, OHIO:

   Section 1.   The general ordinances of the City of University Heights as revised, amended, restated, codified, and compiled in book form are hereby adopted as and shall constitute the “Codified Ordinances of the University Heights, Ohio”

   Section 2.   Such Codified Ordinances as adopted in Section 1 shall consist of the following Titles:

   CONTENTS

         CODIFIED ORDINANCES OF UNIVERSITY HEIGHTS, OHIO

         CHARTER

         PART TWO - Administration Code

         PART FOUR - Traffic Code

         PART SIX - General Offenses Code

         PART EIGHT - Business Regulation and Taxation Code

         PART TEN - Streets, Utilities and Public Services Code

         PART TWELVE - Planning and Zoning Code

         PART FOURTEEN - Building and Housing Code

         PART SIXTEEN - Fire Prevention Code

   Section 3.   All prior ordinances pertaining to the subjects treated in such Codified Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in such Code; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code.

   Section 4.   Such Code shall be deemed published as of the day of its adoption and approval by the Council. The Clerk is hereby authorized and ordered to file a copy of such Codified Ordinances in the Office of the Clerk.

   Section 5.   Such Code shall be in full force and effect as provided in Section 6, and such Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given.

   Section 6.   This Ordinance constitutes an emergency measure necessary for the immediate preservation of the peace, health and safety of the citizens of the City of University Heights, and provided it receives the affirmative vote of not less than five (5) members of Council, it shall take effect immediately upon its passage and approval of the Mayor, otherwise, it shall become effective at the earliest time allowed by law.

                                 CITY OF UNIVERSITY HEIGHTS, OHIO

                                 Beryl E. Rothschild /s/

                                 BERYL E. ROTHSCHILD, MAYOR

Passed: May 5, 2003

ATTEST:

Nancy E. English /s/

NANCY E. ENGLISH, CLERK OF COUNCIL

APPROVED AS TO FORM:

Kenneth J. Fisher /s/

KENNETH J. FISHER, LAW DIRECTOR