CODIFIED ORDINANCES OF BELLAIRE – PART ONE

PART ONE – ADMINISTRATIVE CODE

TITLE ONE – General Provisions

• Chap. 101. Codified Ordinances.
• Chap. 103. Official Standards.
• Chap. 107. Notice of Public Meetings.
• Chap. 109. Investment Policy.

TITLE THREE – Legislative

• Chap. 111. Council.
• Chap. 113. Ordinances and Resolutions.

TITLE FIVE – Administrative

• Chap. 121. Mayor.
• Chap. 123. Solicitor.
• Chap. 125. Clerk-Treasurer.
• Chap. 129. Code Administrator.
• Chap. 133. Village Administrator.
• Chap. 135. Police Department.
• Chap. 137. Volunteer Fire Department.
• Chap. 139. Historic Landmarks Commission.
• Chap. 143. Planning Commission.
• Chap. 145. Audit Committee.
• Chap. 147. Waste Management Advisory Committee.
• Chap. 151. Employees Generally.
• Chap. 153. Community Development Department.
• Chap. 155. Government Advisory Committee.
• Chap. 157. Records Commission.
• Chap. 159. Bellaire Tree Committee.

TITLE SEVEN – Judicial

• Chap. 171. Mayor’s Court.

TITLE NINE – Taxation

• Chap. 181. Income Tax.
• Chap. 183. Motor Vehicle License Tax.

TITLE ONE – General Provisions

Chap. 101. Codified Ordinances.
Chap. 103. Official Standards.
Chap. 107. Notice of Public Meetings.
Chap. 109. Investment Policy.

CHAPTER 101
Codified Ordinances

101.01 Designation; citation; headings.
101.02 General definitions.
101.03 Rules of construction.
101.04 Revivor; effect of amendment or repeal.
101.05 Construction of section references.
101.06 Conflicting provisions.
101.07 Determination of legislative intent.
101.08 Severability.
101.99 General penalty.

CROSS REFERENCES

See sectional histories for similar State law
Statute of limitations on prosecutions – see Ohio R.C. 718.06; GEN. OFF. 501.06
Codification in book form – see Ohio R.C. 731.23
Imprisonment until fine and costs are paid – see Ohio R.C. 1905.30, 2947.14
Citation issuance for minor misdemeanors – see Ohio R.C. 2935.26 et seq.
Ordinances and resolutions – see ADM. Ch. 123
Rules of construction for offenses and penalties – see GEN. OFF. 501.04

101.01 DESIGNATION; CITATION; HEADINGS.

(a) All ordinances of a permanent and general nature of the Municipality as revised, codified, rearranged, renumbered and consolidated into component codes, titles, chapters and sections shall be known and designated as the Codified Ordinances of , Ohio, for which designation “Codified Ordinances” may be substituted. Code, title, chapter and section headings do not constitute any part of the law as contained in the Codified Ordinances.
(ORC 1.01)

(b) All references to codes, titles, chapters and sections are to such components of the Codified Ordinances unless otherwise specified. Any component code may be referred to and cited by its name, such as the “Traffic Code”. Sections may be referred to and cited by the designation “Section” followed by the number, such as “Section 101.01”.

101.02 GENERAL DEFINITIONS.

As used in the Codified Ordinances, unless another definition is provided or the context
otherwise requires:

(a) “And” may be read “or”, and “or” may be read “and”, if the sense requires it.
(ORC 1.02(F))

(b) “Another” when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property.
(ORC 1.02(B))

(c) “Bond” includes an undertaking and “undertaking” includes a bond.
(ORC 1.02(D), (E))

(d) “Council” means the legislative authority of the Municipality.

(e) “County” means Belmont County, Ohio.

(f) “Keeper” or “proprietor” includes all persons, whether acting by themselves or as a servant, agent or employee.

(g) “Land” or “real estate” includes rights and easements of an incorporeal nature.
(ORC 701.01(F))

(h) “Municipality” or Village means the Village of Bellaire, Ohio.

(i) “Oath” includes affirmation and “swear” includes affirm.
(ORC 1.59(B))

(j) “Owner”, when applied to property, includes any part owner, joint owner or tenant in common of the whole or part of such property.

(k) “Person” includes an individual, corporation, business trust, estate, trust, partnership and association.
(ORC 1.59(C))

(l) “Premises”, as applied to property, includes land and buildings.

(m) “Property” means real and personal property.
(ORC 1.59(E))
“Personal property” includes all property except real.
“Real property” includes lands, tenements and hereditaments.

(n) “Public authority” includes boards of education; the Municipal, County, State or Federal government, its officers or an agency thereof; or any duly authorized public official.

(o) “Public place” includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance, or any other place for the sale of merchandise, public accommodation or amusement.

(p) “Registered mail” includes certified mail and “certified mail” includes registered mail.
(ORC 1.02(G))

(q) “Rule” includes regulation. (ORC 1.59(F))

(r) “Sidewalk” means that portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.

(s) “This State” or “the State” means the State of Ohio.
(ORC 1.59(G))

(t) “Street” includes alleys, avenues, boulevards, lanes, roads, highways, viaducts and all other public thoroughfares within the Municipality.

(u) “Tenant” or “occupant”, as applied to premises, includes any person holding a written or oral lease, or who actually occupies the whole or any part of such premises, alone or with others.

(v) “Whoever” includes all persons, natural and artificial; partners; principals, agents and employees; and all officials, public or private.
(ORC 1.02(A))

(w) “Written” or “in writing” includes any representation of words, letters, symbols or figures. This provision does not affect any law relating to signatures.
(ORC 1.59(J))

101.03 RULES OF CONSTRUCTION.

(a) Common and Technical Usage. Words and phrases shall be read in context and construed according to the rules of grammar and common usage. Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.
(ORC 1.42)

(b) Singular and Plural; Gender; Tense. As used in the Codified Ordinances, unless the context otherwise requires:

(1) The singular includes the plural, and the plural includes the singular.
(2) Words of one gender include the other genders.
(3) Words in the present tense include the future.
(ORC 1.43)

(c) Calendar; Computation of Time.

(1) Definitions.
A. “Week” means seven consecutive days.
B. “Year” means twelve consecutive months.
(ORC 1.44)
(2) If a number of months is to be computed by counting the months from a particular day, the period ends on the same numerical day in the concluding month as the day of the month from which the computation is begun, unless there are not that many days in the concluding month, in which case the period ends on the last day of that month.
(ORC 1.45)
(3) The time within which an act is required by law to be done shall be computed by excluding the first and including the last day, except that when the last day falls on Sunday or a legal holiday, then the act may be done on the next succeeding day which is not a Sunday or a legal holiday. When a public office, in which an act required by law is to be performed, is closed to the public for the entire day which constitutes the last day for doing such act or before its usual closing time on such day, then such act may be performed on the next succeeding day which is not a Sunday or a legal holiday. If any legal holiday falls on Sunday, the next succeeding day is a legal holiday.
(ORC 1.14)
(4) When legislation is to take effect or become operative from and after a day named, no part of that day shall be included.
(ORC 1.15)
(5) In all cases where the law shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall mean such time only as may be necessary for the prompt performance of such duty or compliance with such notice.

(d) Authority. When the law requires an act to be done which may by law as well be done by an agent as by the principal, such requirement shall be construed to include all such acts when done by an authorized agent.

(e) Joint Authority. All words purporting to give joint authority to three or more municipal officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it shall be otherwise expressly declared in the law giving the authority or inconsistent with State statute or Charter provisions.

(f) Exceptions. The rules of construction shall not apply to any law which shall contain any express provision excluding such construction, or when the subject matter or context of such law may be repugnant thereto.

101.04 REVIVOR; EFFECT OF AMENDMENT OR REPEAL.

(a) The repeal of a repealing ordinance does not revive the ordinance originally repealed nor impair the effect of any saving clause therein.
(ORC 1.57)

(b) An ordinance which is re-enacted or amended is intended to be a continuation of the prior ordinance and not a new enactment, so far as it is the same as the prior ordinance.
(ORC 1.54)

(c) The re-enactment, amendment or repeal of an ordinance does not, except as provided in subsection

d) hereof:

(1) Affect the prior operation of the ordinance or any prior action taken thereunder;
(2) Affect any validation, cure, right, privilege, obligation or liability previously acquired, accrued, accorded or incurred thereunder;
(3) Affect any violation thereof or penalty, forfeiture or punishment incurred in respect thereto, prior to the amendment or repeal;
(4) Affect any investigation, proceeding or remedy in respect of any such privilege, obligation, liability, penalty, forfeiture or punishment; and the investigation, proceeding or remedy may be instituted, continued or enforced, and the penalty, forfeiture or punishment imposed, as if the ordinance had not been repealed or amended.

(d) If the penalty, forfeiture or punishment for any offense is reduced by a re-enactment or amendment of an ordinance, the penalty, forfeiture, or punishment, if not already imposed, shall be imposed according to the ordinance as amended.
(ORC 1.58)

101.05 CONSTRUCTION OF SECTION REFERENCES.

(a) A reference to any portion of the Codified Ordinances applies to all re-enactments or amendments thereof.
(ORC 1.55)

(b) If a section refers to a series of numbers or letters, the first and the last numbers or letters are included.
(ORC 1.56)

(c) Wherever in a penalty section reference is made to a violation of a series of sections or of subsections of a section, such reference shall be construed to mean a violation of any section or subsection included in such reference.
References in the Codified Ordinances to action taken or authorized under designated
sections of the Codified Ordinances include, in every case, action taken or authorized under the
applicable legislative provision which is superseded by the Codified Ordinances.
(ORC 1.23)

101.06 CONFLICTING PROVISIONS.

(a) If there is a conflict between figures and words in expressing a number, the words govern.
(ORC 1.46)

(b) If a general provision conflicts with a special or local provision, they shall be construed, if possible, so that effect is given to both. If the conflict between the provisions is irreconcilable, the special or local provision prevails as an exception to the general provision, unless the general provision is the later adoption and the manifest intent is that the general provision prevail.
(ORC 1.51)

(c) (1) If ordinances enacted at different meetings of Council are irreconcilable, the ordinance latest in date of enactment prevails.
(2) If amendments to the same ordinance are enacted at different meetings of Council, one amendment without reference to another, the amendments are to be harmonized, if possible, so that effect may be given to each. If the amendments are substantively irreconcilable, the latest in date of enactment prevails. The fact that a later amendment restates language deleted by an earlier amendment, or fails to include language inserted by an earlier amendment, does not of itself make the amendments irreconcilable. Amendments are irreconcilable only when changes made by each cannot reasonably be put into simultaneous operation.
(ORC 1.52)

101.07 DETERMINATION OF LEGISLATIVE INTENT.

(a) In enacting an ordinance, it is presumed that:

(1) Compliance with the constitutions of the State and of the United States is intended;
(2) The entire ordinance is intended to be effective;
(3) A just and reasonable result is intended;
(4) A result feasible of execution is intended.
(ORC 1.47)

(b) An ordinance is presumed to be prospective in its operation unless expressly made retrospective.
(ORC 1.48)

(c) If an ordinance is ambiguous, the court, in determining the intention of Council may consider among other matters:

(1) The object sought to be attained;
(2) The circumstances under which the ordinance was enacted;
(3) The legislative history;
(4) The common law or former legislative provisions, including laws upon the same or similar subjects;
(5) The consequences of a particular construction;
(6) The administrative construction of the ordinance.
(ORC 1.49)

101.08 SEVERABILITY.

If any provision of a section of the Codified Ordinances or the application thereof to any person or circumstance is held invalid, the invalidity does not affect the other provisions or applications of the section or related sections which can be given effect without the invalid provision or application, and to this end the provisions are severable.
(ORC 1.50)

101.99 GENERAL PENALTY.

Whenever, in the Codified Ordinances or in any ordinance of the Municipality, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is otherwise provided, whoever violates any such provision shall be punished by a fine not exceeding one hundred fifty dollars ($150.00). A separate offense shall be deemed committed each day during or on which a violation continues or occurs.

CHAPTER 103
Official Standards

103.01 Grade levels.

CROSS REFERENCES

State standard of time – see Ohio R.C. 1.04
State legal holidays – see Ohio R.C. 1.14, 5.20 et seq.
Power to establish grade of streets and public places – see Ohio R.C. 715.19

103.01 GRADE LEVELS.

The grades of the Municipality shall be measured from the table on the base course on the east side of the Soldier’s Monument, which table or bench mark is 61.807 feet above the datum or base line of the municipal grades. All grades hereafter established shall conform to this datum.
(Ord. Unno. Passed 9-28-1884.)

CHAPTER 107
Notice of Public Meetings

107.01 Regular meetings.
107.02 Special meetings. notification.
107.03 Notification of news media.
107.04 Emergency meetings;
107.05 Request for personal notification.

CROSS REFERENCES

Open meetings – see Ohio R.C. 121.22

107.01 REGULAR MEETINGS.

Any person may determine the time and place of all regularly scheduled meetings of Council, or any board, commission, committee, agency, authority or similar decision making body of the Municipality by:
(a) Making inquiry of the clerk of the body; or
(b) Making inquiry of the Mayor’s clerk; or
(c) Making inquiry of any member of the body.
(Ord. 786. Passed 2-5-76.)

107.02 SPECIAL MEETINGS.

Any person may determine the time, place and purpose of all special meetings of Council, or any board, commission, committee, agency, authority or similar decision-making body of the Municipality by:
(a) Making inquiry of the clerk of the body; or
(b) Making inquiry of the Mayor’s clerk; or
(c) Making inquiry of any member of the body.
(Ord. 786. Passed 2-5-76.)

107.03 NOTIFICATION OF NEWS MEDIA.

No such body shall hold a special meeting unless it gives at least twenty-four hours advance notice to the news media that have requested notification.
(Ord. 786. Passed 2-5-76.)

107.04 EMERGENCY MEETINGS; NOTIFICATION.

In the event of an emergency requiring immediate official action, Section 107.03 shall not apply, but the member or members calling the meeting shall notify immediately the news media that have requested notification, of the time, place and purpose of the meeting.
(Ord. 786. Passed 2-5-76.)

107.05 REQUEST FOR PERSONAL NOTIFICATION.

(a) Any person may, upon written request, obtain reasonable advance notification of all meetings at which any specific type of public business is to be discussed.
(b) Such notice shall set forth the time and place of regular meetings or the time, place and purpose of special meetings.
(c) Such notice shall be given only if the person requesting notice provides the body with self-addressed stamped envelopes.
(d) Such written request shall be filed with each body from which reasonable advance notification is requested, together with payment of a fee of twelve dollars ($12.00) and such request and fee shall be effective for a period of twelve months from the date of filing.
(Ord. 786. Passed 2-5-76.)

CHAPTER 109
Investment Policy

109.01 Purpose and policy.
109.02 Authorized financial dealers and institutions.
109.03 Authorized investments.
109.04 Diversification.
109.05 Maximum maturities.
109.06 Competitive bids.
109.07 Safekeeping and custody.
109.08 Prohibited investment practices.
109.09 Internal controls.
109.10 Ethics and conflict of interest.
109.11 Nonbinding arbitration.
109.12 Reporting.
109.13 Investment policy adoption.

CROSS REFERENCES

Deposit of public funds – see Ohio R.C. Ch. 135

109.01 PURPOSE AND POLICY.

It is the policy of the Municipality of Bellaire, Ohio to invest public funds in a manner which will provide the highest investment return with the maximum security, safety and preservation of principal while meeting the daily cash flow demands of the Municipality and conforming to all applicable statutes governing the investment of public funds by an Ohio municipal corporation.

The Village Clerk-Treasurer shall be the investment officer responsible for the purchases and sale of all investments.

The investment objectives of the Village Clerk-Treasurer shall include the following:

(a) Investment shall be made in order to seek preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses on individual securities, whether by default or erosion of market value, does not exceed the income generated from the remainder of the portfolio.

(b) The Municipality’s portfolio will remain sufficiently liquid to enable the Municipality to meet reasonably anticipated operational requirements.

(c) The portfolio will be managed in such a way as to exceed or at least equal the market average rate of return over the course of budgetary and economic cycles, taking into account Ohio law (which restricts the type of investments), safety considerations and cash flow requirements.

(d) Bank account relationships will be managed in order to secure adequate services while minimizing costs.

(e) All deposits will be concentrated in one account except where audit control considerations dictate otherwise.
(Ord. 97-008. Passed 4-4-97.)

109.02 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS.

The Village Clerk-Treasurer will maintain a list of financial institutions and approved security broker/dealers selected by creditworthiness who are authorized to provide investment services and which qualify under Ohio R.C. 135.14(M)(1). These may include “primary” dealers or regional dealers that qualify under Securities and Exchange Commission rule 15C3-1 and are registered with the Ohio Department of Commerce to do business in the State.

All financial institutions and broker/dealers which desire to become qualified suppliers of investment transactions to the Municipality must provide the Village Clerk-Treasurer with audited annual financial statements, proof of good standing with the Comptroller of Currency or State banking regulators or National Association of Security Dealers certification, proof of Ohio registration and geographic and regulatory information on the person who is the primary contact with the entity. All financial institutions, brokers/dealers and consultants which desire to conduct investment business with the Municipality must sign this Investment Policy, certifying they have read it, understand it and agree to abide by its contents.
(Ord. 97-008. Passed 4-4-97.)

109.03 AUTHORIZED INVESTMENTS.

The Municipality is empowered by statute to invest in the following types of securities:

(a) United States Treasury bills, notes, bonds or any other obligation or security issued by the United States Treasury or any other obligation guaranteed as to principal and interest by the United States;

(b) Bonds, notes, debentures, or other obligations or securities issued by any federal government agency or instrumentality, including but not limited to the Federal National Mortgage Association, Federal Home Loan Bank, Federal Farm Credit Bank, Federal Home Loan Mortgage Association and Student Loan Marketing Association. All such securities shall be direct issuance of federal government agencies or instrumentalities;

(c) Interim deposits in any approved depository of the Municipality, provided those deposits are properly insured or collateralized as required by law;

(d) Bonds and other obligations of the State of Ohio;

(e) No-loan money market mutual funds consisting exclusively of securities described in subsections (a) and (b) hereof and repurchase agreements secured by such obligations, provided all such investments under this subsection shall be made with a bank or savings and loan association eligible to be a depository for public funds of Ohio subdivisions and provided further that any such fund meets the requirements of Ohio R.C. Chapter 135, including that such fund not include any investment in a “derivative”;

(f) The Ohio Subdivision Fund (STAR Ohio);

(g) Overnight or term (not exceeding 30 days) repurchase agreements meeting the requirements of Ohio R.C. 133.14(C), with a bank or savings and loan association eligible to be a depository for public funds of Ohio subdivisions or a member of the National Association of Securities Dealers; and

(h) Bankers acceptances and commercial paper notes, each with a maturity not exceeding 180 days and meeting all of the requirements of Ohio R.C. 135.152, but only upon specific authorization of the Board required by law and completion of the required training by the investment officer.
(Ord. 97-008. Passed 4-4-97.)

109.04 DIVERSIFICATION.

The Village Clerk-Treasurer will diversify the Municipality’s investments by security, type and institution. With the exception of direct obligations of the U.S. Treasury and STAR Ohio, no more than 35% of the Municipality’s total investment portfolio will be invested in a single security type or with a single financial institution without the approval of Council.
(Ord. 97-008. Passed 4-4-97.)

109.05 MAXIMUM MATURITIES.

To the extent possible, the Village Clerk-Treasurer will attempt to match its investments with anticipated cash flow requirements. No investment shall be made unless the Village Clerk-Treasurer, at the time of making the investment, reasonably expects it can be held to its maturity. Unless matched to a specific obligation or debt of the Municipality, the Municipality will not directly invest in securities listed as Section 109.03(a) to (e) above maturing more than five (5) years from the date of settlement.
(Ord. 97-008. Passed 4-4-97.)

109.06 COMPETITIVE BIDS.

All sales and purchases of securities will be bid competitively and to the extent practical will be placed with the institution yielding the highest return. The right is reserved to reject the bid yielding the highest return on any investment if inconsistent with the investment strategy, i.e., maturity, risk, liquidity, etc.
(Ord. 97-008. Passed 4-4-97.)

109.07 SAFEKEEPING AND CUSTODY.

All security transactions, including collateral for repurchase agreements, entered into by the Municipality shall be conducted on a delivery-versus-payment basis. Securities will be held by a third party custodian designated by the Auditor and evidenced by safekeeping receipts. Securities shall be pledged at the Federal Reserve Bank to collateralize all repurchase agreements with financial institutions. Pledge collateral will only be released by the Municipality after verification that the principal and interest have been credited to the Municipality’s account.
(Ord. 97-008. Passed 4-4-97.)

109.08 PROHIBITED INVESTMENT PRACTICES.

The Village Clerk-Treasurer is not authorized to:

(a) Contract to sell securities that have not yet been acquired on the speculation that prices will decline;

(b) Make any investment in derivatives;

(c) Invest in a fund established by another public body for the purpose of investing public money or other subdivision (other than STAR Ohio); or

(d) Leverage current investment as collateral to purchase other assets.
(Ord. 97-008. Passed 4-4-97.)

109.09 INTERNAL CONTROLS.

The Villager Clerk-Treasurer shall develop and maintain procedures for the operation of the Municipality’s investment program in accordance with this Investment Policy. These procedures shall be designed to prevent loss of the Municipality’s funds due to fraud, error, misrepresentation, unanticipated market changes or imprudent actions.
(Ord. 97-008. Passed 4-4-97.)

109.10 ETHICS AND CONFLICT OF INTEREST.

Persons involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment consultants shall disclose to the Village Clerk-Treasurer any material financial interests in financial institutions that conduct business within the Municipality and any large personal financial or investment positions that could be related to, or affected by, the performance of the Municipality’s portfolio. All employees, officers and investment consultants to the Municipality shall subordinate their personal investment transactions to those of the Municipality, particularly with regard to the timing of purchases and sales.
(Ord. 97-008. Passed 4-4-97.)

109.11 NONBINDING ARBITRATION.

The Village Clerk-Treasurer may enter into a written investment or deposit agreement that includes a provision under which the parties agree to submit to nonbinding arbitration (but not binding arbitration) to settle any controversy that may arise out of that agreement so long as such provision meets the requirements of the Revised Code and is specifically approved by the Board.
(Ord. 97-008. Passed 4-4-97.)

109.12 REPORTING.

The Village Clerk-Treasurer shall maintain a current inventory of all investments including:

(a) Description of each security;

(b) Cost;

(c) Par value;

(d) Dates (beginning, settlement and maturity);

(e) Rates; and

(f) Seller.

The Village Clerk-Treasurer shall also prepare and distribute quarterly (or more
frequently if requested by Council) a list of all investments and a report on investment activity
and returns.
(Ord. 97-008. Passed 4-4-97.)

109.13 INVESTMENT POLICY ADOPTION.

This Investment Policy shall be adopted by Council and, upon adoption, filed in the office of the Auditor of State. The policy shall be reviewed on an annual basis by the Finance Committee and any modifications made thereto must be approved by Council and, upon adoption, filed in the office of the Auditor of State.
(Ord. 97-008. Passed 4-4-97.)

TITLE THREE – Legislative

Chap. 111. Council.
Chap. 113. Ordinances and Resolution.

CHAPTER 111
Council

111.01 Contracts for the demolition of dilapidated structures.

CROSS REFERENCES

Composition – see Ohio R.C. 731.01, 731.06
President pro tempore – see Ohio R.C. 731.10 et seq., 733.25
Qualifications – see Ohio R.C. 731.02, 731.44
Vacancy – see Ohio R.C. 731.43
Meetings – see Ohio R.C. 731.44, 731.46
Rules and journal – see Ohio R.C. 731.45
Misconduct – see Ohio R.C. 733.72 et seq.
Contract interest – see GEN. OFF. 525.10
Open meetings – see Ohio R.C. 121.22

111.01 CONTRACTS FOR THE DEMOLITION OF DILAPIDATED STRUCTURES.

All contracts made by Council for the demolition of dilapidated structures shall be awarded only after competitive bidding, either for a specific structure, or as the legislative authority determines several structures to be grouped together.
(Ord. 2007-04. Passed 4-19-07.)

CHAPTER 113
Ordinances and Resolutions

113.01 Posting of copies.

CROSS REFERENCES

Zoning ordinances – see Ohio R.C. 713.12; P. & Z. Ch. 1197
Adoption and style – see Ohio R.C. 715.03, 731.17 et seq.
Subject and amendment – see Ohio R.C. 731.19
Authentication and recording – see Ohio R.C. 731.20
Publication, times required – see Ohio R.C. 731.22
Publication in book form – see Ohio R.C. 731.23
Adoption of technical codes – see Ohio R.C. 731.231
Certification as to publication – see Ohio R.C. 731.24 et seq.
Initiative and referendum – see Ohio R.C. 731.28 et seq.
Emergency measures – see Ohio R.C. 731.30
Contract interest – see Ohio R.C. 733.78, 735.09, 737.03

113.01 POSTING OF COPIES.

(a) Places. All ordinances, resolutions, orders, statements, proclamations, notices and reports required by law or ordinance to be published, shall be published by posting copies thereof for fifteen days in the following places in the Municipality:

(1) The Municipal Building, 32nd and Belmont Street;
(2) The Bellaire Public Library, 32nd and Guernsey Street;
(3) The Bellaire Police Department, 32nd and Belmont Street;
(4) Kroger, Imperial Plaza, 400 28th Street;
(5) The Bank One Building, 3201 Belmont Street.
(Ord. 2002-09. Passed 3-7-02.)

(b) Conspicuous Location. The place of posting shall be in a conspicuous place in such buildings and shall be readily accessible to all members of the public at reasonable hours.

(c) Duration. Such ordinances, resolutions, orders, statements, proclamations,notices and reports shall be posted for a period of not less than fifteen days prior to the takingeffect thereof.
(Ord. 785. Passed 2-5-76.)

TITLE FIVE – Administrative

Chap. 121. Mayor.
Chap. 123. Solicitor.
Chap. 125. Clerk-Treasurer.
Chap. 129. Code Administrator.
Chap. 133. Village Administrator.
Chap. 135. Police Department.
Chap. 137. Volunteer Fire Department.
Chap. 139. Historic Landmarks Commission.
Chap. 143. Planning Commission.
Chap. 145. Audit Committee.
Chap. 147. Waste Management Advisory Committee.
Chap. 151. Employees Generally.
Chap. 153. Community Development Department.
Chap. 155. Government Advisory Committee.
Chap. 157. Records Commission.
Chap. 159. Bellaire Tree Committee.

CHAPTER 121
Mayor

EDITOR’S NOTE: There are no section in Chapter 121. This Chapter has been established to provide a place for cross references and future legislation.

CROSS REFERENCES

Removal from office – see Ohio R.C. 3.07 et seq.
Acting Mayor – see Ohio R.C. 731.10 et seq., 733.25
To appoint and remove auxiliary officers – see Ohio R.C. 731.161
Election, term, qualifications and powers – see Ohio R.C. 733.24
To be Council president – see Ohio R.C. 733.24
Vacancy – see Ohio R.C. 733.25
General duties – see Ohio R.C. 733.30 et seq.
Reports to Council – see Ohio R.C. 733.32, 733.41
Protest of excessive expenditures – see Ohio R.C. 733.33
Charges of delinquent officers – see Ohio R.C. 733.34 et seq.
Disposition of fines and other moneys – see Ohio R.C. 733.40
Salary – see Ohio R.C. 1905.21

CHAPTER 123
Solicitor

123.01 Delinquent utility accounts.

CROSS REFERENCES

Conflict of interest – see Ohio R.C. 120.39
Legal counsel – see Ohio R.C. 733.48
Preparation of bonds – see Ohio R.C. 733.70

123.01 DELINQUENT UTILITY ACCOUNTS.

The Solicitor is hereby authorized and directed to prosecute suits for the collection of delinquent municipal utility accounts when the same are certified to him for collection in such manner by the Village Administrator.
(Ord. 395. Passed 10-19-67.)

CHAPTER 125
Village Clerk-Treasurer

125.01 Merger of offices.
125.02 Monthly departmental statement required.
125.03 Purchase orders.
125.04 Investment of municipal funds.
125.05 Reutilization of non-productive land.
125.06 Deputy Clerk-Treasurer.

CROSS REFERENCES

Election and term – see Ohio R.C. 733.26
Merger of offices of Clerk and Treasurer – see Ohio R.C. 733.261
Powers and duties – see Ohio R.C. 733.27

125.01 MERGER OF OFFICES.

(a) The duties of the Village Clerk and Village Treasurer are hereby combined into one office, known as the Clerk-Treasurer.

(b) The merger shall become effective as provided by Ohio R.C. 733.261.
(Ord. 2003-08. Passed 6-19-03.)

125.02 MONTHLY DEPARTMENTAL STATEMENT REQUIRED.

The Village Clerk-Treasurer is hereby directed to furnish a monthly financial statement showing the operating costs of every department and showing the balances on hand in very
department in the Municipality.
(Ord. 142. Passed 8-19-65.)

125.03 PURCHASE ORDERS.

(a) The Village Clerk-Treasurer shall establish an order system for the Municipality, and there shall be no variation from this system unless an emergency arises.

(b) If an emergency should arise, the department head shall authorize a purchase with the understanding that a purchase order must be obtained when such emergency is over.
(Ord. 722. Passed 5-6-74.)

125.04 INVESTMENT OF MUNICIPAL FUNDS.

Funds in the Treasury which will not be required to be used by the Municipality in the immediate future shall be invested in accordance with the provisions of Ohio R.C. 731.56 through 731.59.
(Ord. 814. Passed 12-30-76.)

125.05 REUTILIZATION OF NON-PRODUCTIVE LAND.

The procedures set forth in Ohio R.C. Chapter 5722 are adopted to facilitate the effective reutilization of non-productive land situated within the Municipality. In so doing, Council makes a specific finding that the existence of non-productive land within its boundaries is such as to necessitate the implementation of a land reutilization program to foster the return of such nonproductive land to tax revenue generating status or the devotion thereof to public use.
(Ord. 91-015. Passed 6-20-91.)

125.06 DEPUTY CLERK-TREASURER.

(a) The Village Clerk is hereby authorized to appoint a Deputy Clerk-Treasurer.

(b) The Deputy Clerk-Treasurer shall, in the absence or disability of the Village Clerk, perform the Clerk-Treasurer’s duties.
(Ord. 2000-04. Passed 8-3-00.)

CHAPTER 129
Code Administrator

129.01 Position created.
129.02 Duties.
129.03 Seasonal workers.
129.04 Wild animal removal and control officer.

CROSS REFERENCES

Duties – see BLDG. 1301.03
Liability – see BLDG. 1301.04
Right of entry – see BLDG. 1301.05

129.01 POSITION CREATED.

(a) There is hereby created the position of Code Administrator. The Code Administrator shall be appointed by the Council.
(Ord. 372. Passed 4-25-67.)

(b) Said individual shall be reviewed each six months by a board made up of the Mayor, Village Administrator, Clerk-Treasurer and the Finance Chairman.
(Ord. 94-008. Passed 4-21-94.)

129.02 DUTIES.

(a) The Code Administrator shall have the duties of administration and enforcement of the (BOCA) Building, Plumbing, Electrical, Housing and Fire Prevention Codes, and is hereby vested with police power for the proper execution of such duties.

(b) The Code Administrator shall have the additional duties of the Flood Plain Manager and administering all facets necessary to meet federal requirements. (c) The Code Administrator shall attend and pass all schooling necessary for which the Municipality shall reimburse said costs, upon successful completion of said schooling.
(Ord. 94-008. Passed 4-21-94.)

129.03 SEASONAL WORKERS.

(a) The Village of Bellaire shall hire seasonal workers.

(b) The seasonal workers shall be under the supervision of the Mayor and/or the Village Code Enforcer.

(c) The primary duties of the seasonal workers would be to maintain the public grounds in the Village, along the streets and other properties, that the Village maintains, or to assist private property owners, with the approval of the Mayor.

(d) Seasonal workers would generally be working during the summer months.

(e) Seasonal workers shall not work more than 32-36 hours per week, and shall be paid at the minimum wage rate, and shall not be entitled to benefits otherwise paid to other Village employees.
(Ord. 2011-07. Passed 5-5-11.)

129.04 WILD ANIMAL REMOVAL AND CONTROL OFFICER.

Council hereby establishes the position of wild animal control officer and places the Village Code Enforcer in charge of managing that position.
(Ord. 2014-12. Passed 2-11-14.)

CHAPTER 133
Village Administrator

133.01 Established; power and duties.
133.02 Residency waived.

CROSS REFERENCES

Appointment, removal – see Ohio R.C. 735.271
Power to contract – see Ohio R.C. 731.141
Powers and duties – see Ohio R.C. 735.271, 735.273

133.01 ESTABLISHED; POWERS AND DUTIES.

(a) In accordance with Ohio R.C. 735.271 there is hereby created the position of Village Administrator.

(b) The Village Administrator shall have the powers and duties and functions as provided by the general laws of the State of Ohio in accordance with the Ohio Revised Code.

(c) The Village Administrator shall attend all meetings of the Council for the Village of Bellaire.

(d) The Village Administrator need not be a resident of the Village.

(e) The Village Administrator shall be appointed by the Mayor and confirmed by the legislative authority of the Village.

(f) Upon the establishment of the position of Village Administrator, by this section, and the appointment of the Administrator by the Mayor and conformation by the legislative authority of the Village, the Village Administrator shall be abolished and the terms of office of members of said Board shall terminate.
(Ord. 2012-14. Passed 12-6-12.)

133.02 RESIDENCY WAIVED.

Council, pursuant to Ohio Revised Code §735.271, hereby approves that the Village
Administrator need not be a resident of the Village. (Ord. 2015-11. Passed 8-6-15.)

CHAPTER 135
Police Department

135.01 Composition.
135.02 Use of uniform on duty only.
135.03 Service to other political subdivisions.

CROSS REFERENCES

Peace officer training certificate required for permanent employment – see Ohio R.C. 109.77
Police protection contracts – see Ohio R.C. 505.441, 737.04
Composition – see Ohio R.C. 715.05, 737.16
General powers and duties – see Ohio R.C. 737.11, 737.18
Auxiliary police unit – see Ohio R.C. 737.161
Probation period; final appointment – see Ohio R.C. 737.17
Removal and appeal – see Ohio R.C. 737.171

135.01 COMPOSITION.

The Police Department shall be composed of a Chief of Police and such other officers and personnel as Council shall from time to time determine.

135.02 USE OF UNIFORM ON DUTY ONLY.

No patrolmen or other police officer employed in the Police Department shall wear the uniform, cap or other insignia of the Police Department when engaged in employment other than that of a patrolman or officer of the Municipality.
(Ord. 1980. Passed 7-13-46.)

135.03 SERVICE TO OTHER POLITICAL SUBDIVISIONS.

(a) In response to a call from a mayor of any municipal corporation in Belmont County, Jefferson County, Harrison County, Guernsey County, Noble County or Monroe County, the chairman of the board of township trustees of any township located within such counties or the sheriff of any of such counties, to furnish law enforcement personnel, together with appropriate equipment and apparatus, as may be necessary to preserve the public peace and protect persons and property in the requesting political subdivision in the event of a riot, such aid shall be furnished to the political subdivision requesting it insofar as possible without withdrawing from the Municipality of Bellaire the minimum police protection appearing necessary under the circumstances.

(b) In such case, law enforcement personnel acting outside the Municipality shall be considered as performing services within the Municipality for the purposes of compensation, pension or indemnity fund rights, Worker’s Compensation and other rights or benefits to which they may be entitled as incident to their regular employment.

(c) The political subdivision receiving such aid may be required to reimburse the Municipality for the cost of furnishing such aid, including compensation of personnel, expenses incurred by reason of the injury or death of any such personnel while rendering such aid, expenses of furnishing equipment and apparatus, compensation for damage to or loss of equipment or apparatus while in service outside the Municipality and such other reasonable expenses as may be incurred by the Municipality in furnishing such aid.

Nothing in this section shall be construed as superseding or modifying in any way any provision of a contract entered into pursuant to Ohio R.C. 737.04.
(Ord. 783. Passed 1-22-76.)

CHAPTER 137
Volunteer Fire Department

137.01 Composition.
137.02 Rules and regulations.
137.03 Volunteer Fire Fighters’ Dependents Fund Board.
137.04 Service to other municipalities.
137.05 Investigation of fires.

CROSS REFERENCES

Fire protection contracts – see Ohio R.C. 9.60
Composition – see Ohio R.C. 715.05, 737.21 et seq.
Schooling, buildings and equipment – see Ohio R.C. 715.05, 737.23 et seq.
Removal of Fire Chief and firemen – see Ohio R.C. 733.35 et seq., 737.22
General duties – see Ohio R.C. 737.11
Regulations and hours – see Ohio R.C. 737.21
Appointment of Fire Chief and firemen – see Ohio R.C. 737.22

137.01 COMPOSITION.

(a) The Fire Department shall be composed of a Fire Chief and such other officers and personnel volunteers as Council shall from time to time determine.

(b) The Fire Chief shall be a full-time position with the salary set by the Council.
(Ord. 2003-18. Passed 9-29-03.)

137.02 RULES AND REGULATIONS.

The Fire Chief is hereby authorized to establish such rules and regulations as shall be necessary to facilitate the establishment of the Village of Bellaire Volunteer Fire Department and to permit the continuation of the provision of fire and emergency services for the Village of Bellaire.
(Ord. 2003-18. Passed 9-29-03.)

137.03 VOLUNTEER FIRE FIGHTERS’ DEPENDENTS FUND BOARD.

(a) There shall be established a Volunteer Fire Fighters’ Dependents Fund Board which shall be composed of such members and perform such duties as provided under Ohio R.C. Chapter 146.

(b) Any premiums required to be paid to the Volunteer Fire Fighters’ Dependents Fund shall be paid from the general fund of the Village.
(Ord. 2003-18. Passed 9-29-03.)

137.04 SERVICE TO OTHER MUNICIPALITIES.

(a) The Division of Fire is hereby authorized to extend its services or the use of its fire apparatus to provide fire protection or additional fire protection in times of emergency to other political subdivisions of the State when so authorized by the Fire Chief, or the Acting Chief.

(b) This section is enacted in accordance with and pursuant to the provisions of Ohio R.C. 9.60.
(Ord. 312. Passed 2-3-66.)

137.05 INVESTIGATION OF FIRES.

(a) The following officers of the Bellaire Fire Department are hereby invested with the powers and duties described by Ohio R.C. 737.27, including the duty to be present at all fires, power to investigate the cause thereof, examine witnesses, compel the attendance of witnesses and the production of books and papers, and to do and perform all other acts necessary to the effective discharge of such duties. Such officers are hereby given the power to administer oath, make arrests, and enter for the purpose of examination any building which, in such officer’s opinion, is in danger from fire. The officer shall report his proceedings to Council at such times as are required.

(b) The officers of the Bellaire Fire Department which shall have the powers set forth in subsection (a) hereof are as follows:

(1) The Chief of the Fire Department, who shall have completed the Ohio Peace Officers Training Course in addition to Arson Investigation Levels I and II.
(2) Such addition Fire Department Officials as, from time to time, may be designated by Council when certified by the Chief of the Fire Department as having completed Arson Investigation Levels I and II.
(Ord. 1274. Passed 2-2-89.)

CHAPTER 139
Historic Landmarks Commission

139.01 Establishment.
139.02 Purpose.
139.03 Definitions.
139.04 Members; inventory of historic properties.
139.05 Organization and procedures of the Commission.
139.06 Duties of the Commission.
139.07 Designations of listed properties and historic districts.
139.08 Procedure for designation and where property owner refuses consent to designation.
139.09 Limitations on construction and demolition.
139.10 Issuance of certificate of appropriateness.
139.11 Exclusions and exemptions.
139.12 Penalty.

139.01 ESTABLISHMENT.

In recognition of the need for the establishment for a public body that will provide for the protection and enhancement of the distinctive character of the historic resources of the Village of Bellaire, and for the objective review of alternatives to proposed alteration or demolition of certain notable structures, works of art, objects or areas within the Village, Council hereby adopts this chapter and establishes the Bellaire Historic Landmarks Commission.
(Ord. 2013-09. Passed 9-19-13.)

139.02 PURPOSE.

Council, being mindful of the proud history of this community, hereby declares as a matter of public policy that the preservation, protection, perpetuation and use of areas, places, buildings, structures, works of art and other objects having a special historical, community or aesthetic interest or value is a public necessity and is required in the interest of the health, prosperity, safety, and welfare of the people. The purpose of this chapter are:

(a) To maintain and enhance the distinctive character of the historic resources of Bellaire by establishment of procedures whereby certain areas, places, buildings, structures and works of art which reflect elements of the Village’s cultural, social, economic, political or architectural history shall be allowed that measure of protection afforded by a thorough study of alternatives to incompatible alterations or demolition before such acts are performed.

(b) To contribute to the economic, recreational, cultural, and educational development
of the Village by:

(1) Fostering civic pride in the beauty and notable accomplishments of the past;
(2) Promoting the use and preservation of historic sites and structures for the education and general welfare of the people of Bellaire;
(3) Enhancing the visual and aesthetic character, diversity, and interest of the Village;
(4) Facilitating the rehabilitation and revitalization of certain older neighborhoods and areas;
(5) Protecting and enhancing attractions to residents, tourists, and visitors;
(6) Stabilizing and improving property values;
(7) Stimulating business and attracting industry.
(Ord. 2013-09. Passed 9-19-13.)

139.03 DEFINITIONS.

(a) “Alter” or “alteration” means any exterior visual or material change to any listed property or property located within a historic district. For the purposes of this chapter, alterations shall include a change in design, color, texture, material or exterior feature. Ordinary maintenance to correct any deterioration, decay, or damage to a structure and to restore the structure to its condition prior to such deterioration, decay or damage is excluded from the definition of “alteration”, provided such work does not involve a change in design, color, texture, material or exterior feature.

(b) “Application” means any owner, owners, association, partnership or corporation who applies for a certificate of appropriateness.

(c) “Certificate of appropriateness” means a certificate issued by the Bellaire Historic Landmarks Commission to an applicant stating that a proposed alteration, demolition or new construction to a listed property or within a historic district is appropriate under the provisions of this chapter.

(d) “Commission” means the Historic Landmarks Commission of the Village of Bellaire, Ohio.

(e) “Council” means the Village Council of the Village of Bellaire, Ohio.

(f) “Demolish” or “demolition” means the razing or removal, in whole or in part, of any structure.

(g) “Environmental feature” means any natural or man-made object, attachment, or landscaping that is intended as part of the visual composition of a street or site, including but not limited to fences, sidewalks, driveways, exterior lighting fixtures, street trees, curbs and streets and paving materials.

(h) “Exterior architectural feature” means the architectural style, general design and general arrangement of the exterior of a building or other structure including but not limited to windows, doors, porches, storefronts, cornices, siding materials, decorative trim, signs, and other fixtures appurtenant to the exterior of a building.

(i) “Historic district” means any area which contains two or more properties of special character, historic, aesthetic or architectural value as part of the heritage, development or cultural characteristics of the Village, State or the United States and which has been designated as a listed property pursuant to the provisions of this chapter.

(j) “Listed property” means any property which has special character, historic, aesthetic or architectural value as part of the heritage, development or cultural characteristics of the Village, State or the United States and which has been designated as a listed property pursuant to the provisions of the chapter.

(k) “Member” means any member of the Historic Landmarks Commission.

(l) “Owner” means the owner of record and the term includes the plural as well as the singular.

(m) “Ordinary maintenance” includes the repair of existing exterior architectural features including but not limited to the roof, eaves, downspouts, siding, windows and doors of a listed property or a property located within a historic district providing that it does not result in a change of design, color, texture, material or exterior architectural feature. For the purpose of this chapter the sandblasting of masonry is not considered ordinary maintenance.

(n) “Property” means any area, place, site (including an archaeological site), building, structure, object or work of art.

(o) “Reconstruction” means the reproducing by new construction of the exact form and detail of a vanished structure, or a part thereof, as it appeared at a specific period to time.

(p) “Substantial hardship” means a condition unique to the property under consideration and a condition under which an action by the Commission would force the applicant to suffer practical difficulty with compliance, and substantial and significantly higher costs which outweigh the need to maintain, preserve and protect the interests of the Village in maintaining the exterior architectural features of the property as a listed property, or the historic district where the property is situated, and which prevents the owner of the reasonable use of the property.

(q) “Virtual boundary description” is a detailed description which delineates the physical extent of the listed property or a historic district. If the boundaries do not coincide with legally recorded boundaries (lot or parcel number, deed book, and page number), then street names, property lines, geographical features, and other lines of convenience which clearly distinguish the listed property or historic district from its surrounding may be used. This is also frequently referred to as a “metes and bounds” description.
(Ord. 2013-09. Passed 9-19-13.)

139.04 MEMBERS; INVENTORY OF HISTORIC PROPERTIES.

(a) The Bellaire Historic Landmarks Commission, hereinafter referred to as the “Commission”, shall consist of seven members, at least four (4) of which must be residents of the Village of Bellaire. The remaining members of the Commission may be non-residents of the Village who have personally engaged in an active business enterprise or profession within the Village within the preceding five (5) years of the date of their appointment to the Commission. All members shall be appointed by the Mayor with the approval of Council only after prior public notice has been given of the vacancy or appointment to be filled, and nominations have been received and reviewed by the Mayor and Council. Nominations shall be accepted from the board of trustees of the Bellaire Glass Museum, the Great Stone Viaduct Historical Education Society, and the Bellaire Area Chamber of Commerce. All nominations, to be considered eligible for appointment, must be accompanied by a resume prepared by the nominee outlining their qualifications for the appointment.

(b) All members should have to the highest extent possible a recognized knowledge of and a known interest in architectural preservation, design, and history of the structures of the Village, together with a determination to work for the overall improvement of the quality of Bellaire’s physical environment. Such knowledge can be demonstrated by:

(1) Preservation related and professional work in the fields of archaeology, architecture, architectural history, American history, preservation, photography, urban planning, real estate or related discipline which would make them a suitable and contributing member to the work of the Commission;
(2) Demonstrated work within the Village in those areas set forth in subparagraph (1);
(3) Ownership of property within the Village, together with a demonstrated record of maintenance of such property in compliance with all local building codes, zoning laws, and health and safety regulations;
(4) Specific professional qualifications, knowledge and experience which can be valuable to the work of Commission.

(c) Three members shall be appointed for an initial term of one year; two members shall be appointed for an initial term of two years; and two members shall be appointed for an initial term of three years. All subsequent terms shall be for a period of three years. Vacancies caused by death, resignation or otherwise shall be filled for the unexpired term in the same manner as original appointments are made and shall be filled within sixty days unless extenuating circumstances require a longer period. All members shall serve without compensation from the Village.

(d) The Commission shall maintain a system for the survey and inventory of all historic properties by:

(1) Maintain a process approved by the OHPO for the survey and inventory and cultural resources within its jurisdiction, and shall consult the OHPO to determine the survey and needs of the community;
(2) Maintain a detailed inventory of designated districts, sites and structures;
(3) Maintain all inventory in a secure manner that is accessible to the public, (but excepting access to archaeological sites which can be restricted); use all forms prescribed by and compatible with the OHPO computer systems and inventory, and comprehensive preservation planning process; make available duplicates or digital images to OHPO; and update periodically to reflect changes, alterations and demolitions.
(Ord. 2013-09. Passed 9-19-13.)

139.05 ORGANIZATION AND PROCEDURES OF THE COMMISSION.

As soon as convenient following their appointment by Council, the Commission shall meet and elect a chairman, a vice-chairman to serve in the absence of the chairman and secretary. The Commission shall adopt its own rules of procedure, which shall be made available for public inspection, and which will include requirements that all meetings of the Commission be publicly announced and noticed to interested parties, open to the public, and with an agenda announced with the notice. The rules of procedure shall provide for regular and special meetings which will be held in a public place. All review decisions will be made in a public forum, with applicants given written notice of meetings and written notification of decisions. Written minutes of actions and decisions by the Commission shall be made available for public inspection.
(Ord. 2013-09. Passed 9-19-13.)

139.06 DUTIES OF THE COMMISSION.

The Commission shall have the following duties in addition to those otherwise specified in the chapter:

(a) To improve the quality of life in this Village by striving to further and achieve the spirit and purpose of this chapter;

(b) To conduct or cause to be conducted, or assist in the conduct of, a continuing survey of all structures, work of art, objects or areas of architectural, historic or aesthetic interest in the Village, which the Commission believes, on the basis of information available or presented to it, are or will be eligible for designation as a listed property or as a historic district;

(c) To work for the continuing education of the residents of Bellaire with respect to the architectural and historic heritage of the Village and the listed properties and historic districts designated under the provisions of this chapter, and shall make every effort to improve the overall design and environmental awareness of the people;

(d) To work cooperatively with owners, planners, developers, the Village and others in long-range planning efforts to insure the inclusion of historic preservation values in such planning efforts;

(e) To review proposed National Register nominations for properties within its jurisdiction and to forward comments to the State Historic Preservation Officer;

(f) To employ technical experts and such other employees as may be required to perform its duties, within the appropriations made available therefor, and to perform such other related tasks within its capabilities as may be required by Council;

(g) To conduct or encourage members to attend educational sessions at least once a year pertaining to the function of the Commission or relating to specific historic preservation issues;

(h) To make recommendations for designation of listed properties or historic districts to Council;

(i) To keep a current register of all listed properties and historic districts. All listed properties shall be given a number, a description accompanied by a photograph, and the reasons for the listing. All historic districts shall also be given a number, a description, and representative photographs including streetscapes, a map outlining the boundaries and the reasons for listing. This register shall also include verbal boundary descriptions of both lines listed properties and historic districts. The register will be made available to the pubic and to any other interested party;

(j) To review and act upon all applications for “certificates of appropriateness” as required by this chapter;

(k) To establish criteria, rules and regulations not otherwise included in this chapter for evaluating applications for certificates of appropriateness submitted to it and the manner in which they shall be processed;

(l) To use the Secretary of the Interior’s “Standards for Rehabilitation” and any other written guidelines the Commission may adopt for making decisions on requests for certificates of appropriateness submitted to it;

(m) To consider whether the failure to issue a certificate of approval will involve a “substantial hardship” to the applicant and whether the certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the interest and purposes stated herein;

(n) To make recommendations to Council for additions or revisions to this chapter.
(Ord. 2013-09. Passed 9-19-13.)

139.07 DESIGNATIONS OF LISTED PROPERTIES AND HISTORIC DISTRICTS.

In considering the designation of any area, place, building, structure, object or work of art in the Village as a listed property or a historic district, the Commission shall apply the following criteria with respect to such property. At least one or more of the following must apply:

(a) Its character, interest or value as part of the development, heritage or cultural characteristics of the Village, State or the United States;

(b) Its location as the site of a significant historic event;

(c) Its identification with a person or persons who significantly contributed to the culture and development of the Village;

(d) Its exemplification of the cultural, economic, social, archaeological or historic heritage of the Village;

(e) Its portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style;

(f) Its embodiment of distinguishing characteristics of an architectural type or specimen;

(g) Its identification as the work of an architect or master builder whose individual work has influenced the development of the Village;

(h) Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation;

(i) Its relationship to other distinctive areas which are eligible for preservation according to a plan based on a historic, cultural or architectural innovation;

(j) Its unique location or singular physical characteristics representing an established and familiar visual feature of a neighborhood, community or the Village;

(k) Its having yielded, or likelihood of yielding, information important to the understanding of pre-history or history.

The Commission shall notify the owner of any proposal to list his property. Whenever possible, the Commission shall secure the owner’s written consent for the proposed designation and upon receipt of such consent the property shall be listed upon favorable recommendation of the Commission to Council and upon approval by Council at a regular or special session of Council. (Ord. 2013-09. Passed 9-19-13.)

139.08 PROCEDURE FOR DESIGNATION AND WHERE PROPERTY OWNER REFUSES CONSENT TO DESIGNATION.

In the event the Commission proposes a designation which is consented to by the Owner, or in the event that such owner shall refuse to decline to give his written consent to the proposed listing, and in the designation of all historic districts the following procedure shall be followed:

(a) The Commission shall endeavor to obtain written consent for all designations.

(b) The Commission shall schedule a public hearing on the question of the proposed listing, setting forth a date, time and place and causing written notice to be given to the owner, or in the case of a large historic district, consisting of over seventyfive property owners, where individual notices may not be practical, notice is to be given through existing neighborhood or other organizations. The Commission shall cause a legal notice to be published in a newspaper of general circulation in the Village setting forth the nature of the hearing, the property or district involved and the date, time and place of the schedule public hearing. These notices shall be given at least two weeks before the scheduled hearing.

(c) The Commission shall conduct the public hearing and shall provide a reasonable opportunity for all interested parties to express their opinions. Within thirty days after the hearing the Commission shall set forth in its recommendations such findings of fact which constitute the basis for its decision and shall transmit such recommendation concerning the proposed designation in writing to the Clerk of Council.

(d) Council shall give due consideration to the findings and recommendations of the Commission, as well as such views as may have been expressed by persons participating in the hearing before the Commission in making its own determination with respect to the proposed designation. Council may schedule its own public hearing on the issue following the same notification procedures outlined for the Commission. Council must act on the proposed designation within forty-five days of receipt of recommendation from the Commission. If Council fails to act within forty-five days, the designation shall be considered to be approved. Council may designate a listed property or a historic district at any regular or special meeting of Council.

(e) The Commission shall notify the owner(s) of the decision by Council.
(Ord. 2013-09. Passed 9-19-13.)

139.09 LIMITATIONS ON CONSTRUCTION AND DEMOLITION.

No construction, reconstruction, alteration or demolition of any structure or significant exterior architectural feature of any listed property or property within any historic district shall be undertaken prior to obtaining a certificate of appropriateness from the Commission. No permit shall be issued by the Building Inspector for the erection of a sign or construction, reconstruction, alteration or demolition of any structure, work of art, object or area within a historic district or for any listed property except in cases coming under the exclusions in this chapter, unless the application for such permit is approved by the Commission through the issuance of a certificate of appropriateness in the manner prescribed herein.
(Ord. 2013-09. Passed 9-19-13.)

139.10 ISSUANCE OF CERTIFICATE OF APPROPRIATENESS.

(a) When the owner of property within a historic district or the owner of a listed property desires to make any change in design, color, texture, material or exterior features, including construction, reconstruction, alteration or demolition or any change in environmental features, such owner or his agent shall apply for and secure a certificate of appropriateness from the Commission. The application for the certificate of appropriateness shall be filed with the secretary of the Commission, in such form and with such plans, specifications, and other materials as the Commission may from time to time prescribe.

(b) The Commission shall consider such application, plans, specifications and other material at the next regularly scheduled meeting of the Commission provided that a completed application is filed at least two weeks prior to the meeting. If the Commission determines that no architectural or environmental feature is involved, the secretary of the Commission shall issue a certificate of appropriateness.

(c) In the event that the Commission finds that an architectural feature is involved, the Commission shall determine whether or not the proposed construction, reconstruction, alteration or demolition is appropriate. In making such determination the Commission shall refer to the Secretary of the Interior’s Standards for Rehabilitation, and to the design guidelines adopted by the Commission, and any subsequently adopted design guidelines in addition to the stated criteria.

(d) In the event that the Commission finds the proposed construction, reconstruction, alteration or demolition is appropriate, then the secretary of the Commission shall issue a certificate of appropriateness.

(e) In the event that the Commission finds such proposed construction, reconstruction, alteration or demolition is not appropriate, then the Commission shall deny issuance of a certificate of appropriateness. Appeals to the decision of the Commission shall be made to the Common Pleas Court of Belmont County.

(f) In the event the Commission determines that a certificate of appropriateness will not be issued, it shall forthwith state in its records the reasons for such determination and may include recommendations respecting the proposed construction, or reconstruction, alteration, demolition or change to any listed property or property located within any historic district. The secretary of the Commission shall notify the applicant of such determination and transmit to him reasons for denial and recommendation, if any, of the Commission.

(g) At its discretion, the Commission may establish a waiting period not to exceed one year, during which time no action shall be taken on the issuance or denial of a certificate of appropriateness in cases involving the demolition of a listed property or a property within a historic district. During such waiting period, the Commission shall negotiate with the owner of the property in order to develop a compromise proposal acceptable to both. The first meeting between the Commission and the owner shall take place within thirty days from the date of denial of the certificate of appropriateness and both parties must continue to have good faith meetings at least every forty-five days after the initial meeting. If a compromise proposal is accepted by both parties, then the Commission may issue a certificate of appropriateness.
(Ord. 2013-09. Passed 9-19-13.)

139.11 EXCLUSIONS AND EXEMPTIONS.

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any property or area listed under the provisions of this chapter provided such work involves no change in design, color, texture, material or exterior appearances; nor shall anything in this chapter be construed to prevent any change, including the construction, reconstruction, alteration or demolition of any feature which, in the view of the Mayor, acting lawfully, is required for the public safety because of an unsafe or dangerous condition.
(Ord. 2013-09. Passed 9-19-13.)

139.12 PENALTY.

Violations of this chapter shall be subject to the penalties under Section 1133.99.
(Ord. 2013-09. Passed 9-19-13.)

CHAPTER 143
Planning Commission

143.01 Establishment.

CROSS REFERENCES
Planning Commission established – see Ohio R.C. 713.01
Powers and duties – see Ohio R.C. 713.02, 713.06
Planned Development Projects – see P. & Z. Ch. 1161
Duties relating to district changes and regulation amendments – see P. & Z. Ch. 1197

143.01 ESTABLISHMENT.

There is hereby created and established a Planning Commission by authority of Ohio R.C. 713.01.
(Ord. 2335. Passed 10-18-56.)

CHAPTER 145
Audit Committee

145.01 Establishment and members.
145.02 Declaration of purpose.
145.03 Duties of committee.
145.04 Meetings and attendance.

145.01 ESTABLISHMENT AND MEMBERS.

There is hereby established a Village Audit Committee comprised of four (4) members consisting of the Chairman of the Finance Committee, two (2) members designated by the Chairman of the Finance Committee and one (1) member chosen jointly by the Mayor and the Chairman of the Finance Committee. The member, who shall serve as Chair of the Village Audit Committee, shall have at least ten (10) years experience in auditing or financial accounting, including some experience in governmental finance or auditing and shall have no financial or contractual interest with the Village of Bellaire in accordance with the ethics provisions of the Ohio Revised Code. Members of the Village Audit Committee shall be compensated at a rate set by the Village Council and pursuant to legislation. The appointed members’ terms shall be two (2) years and the term of the Chair shall be three (3) years. In the event said Committee is required to vote on a recommendation or any proposed legislation and said vote results in a two-two tie, then in that event said issue shall be presented to Council so as to allow a majority vote by Council to serve a fifth vote as and for the purposes of breaking any potential tie or stalemate if and/or when necessary. (Ord. 2006-37. Passed 12-28-06.)

145.02 DECLARATION OF PURPOSE.

The Village Audit Committee is to serve as the focal point for communication between the legislative and administrative branches of government of the Village of Bellaire. The Village Audit Committee will work closely with the Village Auditor, the Village Clerk, the Chairman of the Finance Committee and the Village Administrator as their duties relate to financial accounting, reporting, internal controls and compliance with applicable laws and regulations. The Village Audit Committee is to assist the staff and employees of the Village in fulfilling its responsibilities as to accounting policies and reporting practices of the Village of Bellaire. The Village Audit Committee shall be the principal agent in ensuring the independence of the independent auditors, the integrity of management and the adequacy of disclosures to the public. The Village Audit Committee shall assist with all matters pertaining to internal and external auditing in the various offices. The Village Audit Committee will set policies for complaints regarding accounting, internal controls, audit issues and investigation of fraud and suspected fraud.
(Ord. 2006-37. Passed 12-28-06.)

145.03 DUTIES OF COMMITTEE.

The Village Audit Committee shall:

(a) Review with the Village Auditor, the independent auditor, and the Village Administrator, the Village’s policies and procedures to reasonably assure the adequacy of internal control over accounting, administration, compliance with laws and regulations, and financial reporting.

(b) Have familiarity, through the individual efforts of its members, with the accounting and reporting principles and practices applied by the Village in preparing its financial statements. Further, the Village Audit Committee is to make, or cause to be made, all necessary inquiries of the Village and the independent auditor concerning established standards of conduct and performance and deviations.

(c) Review, prior to the start of the annual audit, the scope and general extent of the independent auditor’s examination, including its engagement letter. The auditor’s fees shall be summarized by the Village Auditor for review by the Village Audit Committee. The Village Audit Committee’s review should include an understanding from the independent auditor of the factors considered by the Village Auditor in determining the audit scope, including, but not limited to:

(1) Risk characteristics of the Village of Bellaire; and
(2) External reporting qualities; and
(3) Quality of internal accounting, administrative, and compliance controls; and
(4) Extent of internal auditor’s involvement with the audit examination; and
(5) Other areas to be covered during the audit engagement.

(d) Review the extent of non-audit services planned to be provided by the independent auditor in relation to the objectivity and independence needed in the audit.

(e) Review with the Village staff and the independent auditor, upon completion of its audit, financial results and findings prior to the finalization and dissemination to the public.

(f) The village Audit Committee is to review the Village’s comprehensive annual financial report, including the financial statements and footnote disclosures and supplemental disclosures required by generally accepted accounting principles, with respect to the following:

(1) Significant transactions not a normal part of the Village’s operations; and
(2) Selection of and changes, if any, during the year in the Village’s accounting principles or their application; and
(3) Significant adjustments proposed by the independent auditor; and
(4) The process used in formulating accounting estimates and the independent auditor’s conclusions regarding the reasonableness of those estimates; and
(5) Any disagreements between the independent auditor and management about matters that could be significant to the Villages’ financial statements or the auditor’s report; and
(6) Difficulties encountered in the performance of the audit.

(g) The Village Audit Committee shall also:

(1) Evaluate the cooperation received by the independent auditor during its audit, including its access to all requested records, data, and information and inquire of the independent auditor whether there have been any disagreements with Village management that, if not satisfactorily resolved, would have caused the independent auditor to issue a non-standard report of the Village’s financial statements.
(2) Discuss with the independent auditor the quality of the Village’s financial and accounting process and any recommendations that the independent auditor may have, including improvements to internal financial controls, controls over compliance with laws and regulations, the selection of accounting principles and management reporting systems.
(3) Review written responses to “letter of comments and recommendations” from the independent auditor and discuss with the Village the status of implementation of prior period recommendations and corrective action plans.
(4) Recommend any extensions or changes in the duties and responsibilities of the Village Audit Committee.
(5) Issue an annual report on the accomplishments of the duties of the Village Audit Committee.
(Ord. 2006-06. Passed 3-9-06.)

145.04 MEETINGS AND ATTENDANCE.

The Village Audit Committee shall meet at least on a quarterly basis in each calendar year and as many additional times as the majority of members deems necessary in the offices of the Chair of the Audit Committee and the Auditor’s Office at such time as it shall decide. All meetings of the Village Audit Committee shall be public and the dates and attendance of the meetings shall be published by the Clerk of Council in the Village Record. The Chair, however, may hold executive sessions in accordance with the provisions of the Ohio Revised Code. A simple majority of the members shall constitute a quorum for the transaction of business. Any member who is absent from three consecutive duly-called meetings shall be removed by the Chair from the Village Audit Committee. In the event that a vacancy occurs during the term of any member, the Chairman of the Finance Committee and the Chair of the Audit Committee shall name a successor to serve the unexpired term. The members of the Village Audit Committee may request that members of other departments of the Village be present at meetings, as well as representatives of the independent auditor. The Village Audit Committee shall keep minutes of its meetings, a copy of which shall be kept on file and available for public inspection in the Mayor’s Office and with the Clerk of Council.
(Ord. 2006-06. Passed 3-9-06.)

CHAPTER 147
Waste Management Advisory Committee

147.01 Purpose and scope.
147.02 Members and appointment.
147.03 Duties.
147.04 Void of voting right.
147.05 Rules of procedure.

147.01 PURPOSE AND SCOPE.

The Village of Bellaire hereby establishes the Waste Management Advisory Committee to oversee waste management policy issues, programs and initiatives. The Committee shall bring issues forward for discussion and action that are related to trash collection, littering, recycling, clean up, and other management issues facing the community.
(Ord. 2006-21. Passed 8-17-06.)

147.02 MEMBERS AND APPOINTMENT.

The Waste Management Advisory Committee shall be comprised of five members including the following: the Chair of the Utilities Committee, the Mayor, and three other members. There shall be a Chair of the committee who shall preside over all meetings, keep minutes of proceedings and file them with the Village Council in a prompt manner following each meeting. Members and the Chair shall be appointed by the Mayor.
(Ord. 2006-21. Passed 8-17-06.)

147.03 DUTIES.

(a) The Waste Management Advisory Committee is expected to engage in the following activities, but is not limited to them and may have additional responsibilities:

(1) Discussion of issues, concerns, and/or complaints with sanitation service in the Village with suggestions to resolve problems being presented to the Village Council on a quarterly basis or more frequently if the Committee deems necessary.
(2) Organization and implementation of two annual clean-up days.
(3) Organization and implementation of educational programs about littering and recycling to be held in local schools and through other community means.
(4) Consideration of ways to make the Village more aesthetically appealing through recycling programs or litter pick-up programs.

(b) Furthermore, the Waste Management Advisory Committee shall attempt to establish and/or preserve:

(1) The emergency capacity of the sanitation service.
(2) The system reliability of the sanitation service.
(3) The Village’s efforts to coordinate and communicate with residents, local, county, state and federal agencies regarding various issues.
(4) The Village’s desire to maintain good service levels.
(5) Protection of the environment.

(c) The Waste Management Advisory Committee will work closely with the Mayor, Village Administrator, and Service Department Foreman to coordinate various Waste Management activities.
(Ord. 2006-21. Passed 8-17-06.)

147.04 VOID OF VOTING RIGHT.

The Waste Management Advisory Committee has no voting rights and does not create policies. The Committee engages in discussion regarding potential changes or implementation of new programs and in reports to Council may explain if the Committee would advise for or against these issues. The Village Council reserves the right to engage or not engage in the drafting of legislation regarding a suggestion proposed by the Waste Management Advisory Committee.
(Ord. 2006-21. Passed 8-17-06.)

147.05 RULES OF PROCEDURE.

The Waste Management Advisory Committee shall follow Robert’s Rules of Order in conducting their meetings. (Ord. 2006-21. Passed 8-17-06.)

CHAPTER 151
Employees Generally

EDITOR’S NOTE: The Village has adopted a document captioned “The Village of Bellaire Ohio Employee Handbook” containing the Village’s polices and procedures as it pertains to Village employees. Copes are on file at the Village Office.

CROSS REFERENCES

Welfare – see Ohio Const., Art. II, Sec. 34
Workers’ compensation – see Ohio Const., Art. II, Sec. 35; Ohio R.C. Ch. 4123
Wages and hours on public works – see Ohio Const., Art. II, Sec. 37; Ohio R.C. Ch. 4115
Civil Service Law – see Ohio R.C. 124
Public Employees Retirement System – see Ohio R.C. Ch. 145
Council to fix bonds and salaries – see Ohio R.C. 731.04, 731.08
Conduct and delinquent charges – see Ohio R.C. 733.34 et seq., 733.72 et seq.
Bond of municipal officers – see Ohio R.C. 733.69 et seq.
Contract interest – see GEN. OFF. 525.10
Civil Service Commission – see ADM. Ch. 145

CHAPTER 153
Community Development Department

153.01 Establishment and purpose.
153.02 Authority. Director.
153.03 Personnel.
153.04 Community Development.
153.05 Funding.

153.01 ESTABLISHMENT AND PURPOSE.

There is hereby created and established a Community Development Department. The primary function of this Department shall be to make plans for Federal and State funds, grants and programs; to apply for the same; and to execute and administer those community development programs now in existence and those forthcoming.
(Ord. 927. Passed 7-5-79.)

153.02 AUTHORITY.

(a) The Mayor is hereby authorized to sign and execute any and all applications submitted by the Community Development Department on behalf of any other department of the Village.

(b) The Clerk-Treasurer is hereby authorized to do all acts required to be done in order to obtain payment of the grant, including but not limited to, the selection of a bank to receive payment vouchers, the submission of signature specimens and the filing of requests completed by the Community Development Director for drawdown of funds.
(Ord. 927. Passed 7-5-79.)

153.03 PERSONNEL.

(a) The Community Development Department shall consist of a full-time Community Development Director and a part-time secretary who shall work not to exceed twenty hours per week. The hours of the secretary may be increased as Federal funding for community development programs increases.

(b) Other employees may be hired as required by a specific grant, but only if the cost of such employees is borne by the Community Development Program.

(c) All employees of the Community Development Department shall be appointed by the Mayor.
(Ord. 927. Passed 7-5-79.)

153.04 Community Development

(a) General Statement of Duties. Council believes this position to be an advanced and professional one in directing and coordinating the Community Development Program. The person in this position shall be responsible for providing technical assistance in the formulation of policies and community development programs, as well as staff development, as programs and grant funds require, community development procedures, and programs for the Village, and for the execution of Federal and State policies and guidelines pertaining to the Community Development Program of the Municipality.

(b) Examples of Director’s Duties. Coordinating the activities relative to planning and executing of programs affecting the Municipality; consulting with the Mayor and other Municipal officials, public agency executives, businessmen, officials of Bel-O-Mar or OMEGA or other similar agencies, State or Federal officials relative to the planning and implementation of communications and programs; developing and submitting community development programs for approval; seeking state and federal moneys and programs for all divisions of the Municipality; developing innovative methods and programs for improving interagency and interdepartment coordination in the Municipality; overseeing collection of funds from loans given by the Rehabilitation grant; overseeing land held by the Community Development Department for sale or being leased; and performing other related work as required.

(c) Chain of Command. The Director shall be under the supervision of the Mayor. The Director shall oversee the Community Development staff as required by the guidelines of programs and grants secured by the Community Development Program of the Municipality, including a secretary. The Director shall execute and direct any programs now in existence or which the Municipality secures in the future as part of its Community Development Program. The Director shall evaluate any of the programs as the need or occasion arises and report to, and perform other planning and community development work as required by, the Mayor. The Director shall work with Council as well.

(d) Minimum Qualifications. The Director shall have a thorough knowledge of local, State and Federal governmental operations of other public or private agencies, as well as a thorough knowledge of urban socioeconomic problems. He shall have the ability to analyze complex administrative problems and to develop appropriate solutions; the ability to prepare and present comprehensive reports and to communicate effectively, both orally and in writing; the ability to establish and maintain an effective working and cooperative relationship with employees, other agencies, private and public organizations and the general public.

(e) Education and Training. The Director shall also be a graduate of a four-year college or university. A postgraduate degree in public or business administration, urban sociology, planning or a related field is preferred. Prior experience in urban-oriented programs shall be considered desirable.
(Ord. 927. Passed 7-5-79.)

153.05 FUNDING.

(a) The Community Development Department funds shall consist of those funds provided annually by the Appropriation Ordinance as passed by Council.

(b) Council assumes the responsibility for assuring that all grant funds are used in an economical and efficient manner in carrying out the Community Development Programs.
(Ord. 927. Passed 7-5-79.)

CHAPTER 155
Government Advisory Committee

155.01 Creation.
155.02 Purpose.
155.03 Authority.
155.04 Membership.

155.01 CREATION.

(a) There is hereby created and established a Bellaire Government Advisory Committee of which the Mayor shall be Chairman.
(Ord. 1140. Passed 6-6-85.)

155.02 PURPOSE.

The purposes of the Bellaire Government Advisory Committee are:

(a) To assist the community in acquiring an understanding of the Government and aspects of its operation.

(b) To systematically collect both formal and informal data regarding how the community feels about its Municipal Government.

(c) To develop community understanding of the need for adequate financial support to maintain and improve services provided by Municipal Government.

(d) To involve citizens who are sincerely interested in Municipal Government.

(e) To invite the assistance, cooperation and understanding of other local government officials (both elected and appointed) in the development of community programs and facilities.

(f) To promote a genuine spirit of cooperation among Municipal Government and the community through a sharing of the role and responsibility of leadership.
(Ord. 1140. Passed 6-6-85.)

155.03 AUTHORITY.

(a) The Mayor is hereby authorized to act as Chairman of the Committee which shall be subject to his call. Any items to be discussed at an Advisory Committee Meeting should be placed on an agenda prior to the actual meeting by the Mayor as requested by the Council and other Committee members, or as may be suggested by the Mayor. This agenda shall be mailed to all Committee members along with a notice of the date, time and place for any scheduled meetings not less than ten days prior to the meeting.

(b) The Mayor shall preside over all meetings of the Advisory Committee and shall direct the discussion of each time listed in the agenda as well as other matters that may be presented at the meeting. The Advisory Committee shall be responsible for researching and developing alternative suggestions, concepts or ideas which may be presented to Council.

(c) The Advisory Committee shall have no power to deal with personnel problems.
(Ord. 1140. Passed 6-6-85.)

155.04 MEMBERSHIP.

(a) Membership to the Advisory Committee will be gained through civic, fraternal and professional community organizations as shall be recommended by that organization. Each such organization shall elect one member of its body to serve as that organization’s representative on the Advisory Committee.

(b) Membership shall include in most general instances those individuals who reside within the Municipality of Bellaire. No member shall be elected to serve on the Advisory Committee unless they reside within the Bellaire Village School District. Each member elected to the Advisory Committee shall serve for a one year term which may be renewed with the consent of that Committee member’s organization which he represents.

(c) Membership on the Advisory Committee shall include a representative from each of the foregoing civic, fraternal and professional community organizations.

(1) The Bellaire Area Chamber of Commerce.
(2) Kiwanis International.
(3) American Legion Post #52.
(4) C.S.A. Lodge.
(5) Child Guidance Club.
(6) Disabled American Veterans #117.
(7) Elk’s Lodge #419.
(8) Fraternal Order of Eagles Aerie #371.
(9) Lions Club.
(10) N.A.A.C.P.
(11) Pilot Club.
(12) Salvation Army.
(13) Sons of Italy.
(14) V.F.W. Post #626.
(15) Bellaire Ministerial Association.
(16) St. Johns Home & School Association.
61 Government Advisory Committee 155.04
(17) Bellaire Education Association.
(18) Bellaire Schools Board of Education.
(19) Bellaire High School Alumni Association.
(20) St. Johns Central High School Alumni Association.
(21) Any other civic, fraternal and/or professional community organization that may be determined by the Advisory Committee members of the foregoing organization as necessary for a complete cross section of the community.

(d) The Advisory Committee shall establish rules and regulations for its government. In the absence of established, written rules and regulations to the contrary, the parlimentary rules of procedure to be followed shall be those established by Roberts Rules of Order.
(Ord. 1140. Passed 6-6-85.)

CHAPTER 157
Records Commission

157.01 Creation; members.
157.02 Officers appointed; meetings.
157.03 Retention and disposal of records.

CROSS REFERENCES

Public records commissions – see Ohio R.C. 149.39

157.01 CREATION; MEMBERS.

There is hereby created a Records Commission composed of the Mayor or his or her appointed representative, serving as chairman, the Clerk-Treasurer, the Solicitor, and a citizen to be appointed by the Mayor. The Commission shall act according to Ohio R.C. 149.39 together with any amendments enacted following the date of this section.
(Ord. 93-001. Passed 2-18-93.)

157.02 OFFICERS APPOINTED; MEETINGS.

The Commission shall appoint a secretary who may or may not be a member of the Commission and who shall serve at the pleasure of the Commission.

The Commission shall meet at least once every six months and upon the call of the Chairman.
(Ord. 93-001. Passed 2-18-93.)

157.03 RETENTION AND DISPOSAL OF RECORDS.

The Commission shall provide rules for the retention and disposal of records of the municipal corporation and to review applications for one-time records disposal and schedules of records retention and disposal submitted by municipal offices. No public records may be disposed of unless approved by the Records Commission; prior to destruction of any municipal records, the Commission shall give notice at least sixty days prior to the destruction of such records to the Ohio Auditor of State as well as the Ohio Historical Society. Any objection received by the Auditor of State or the Ohio Historical Society shall prevent the destruction of any municipal records.
(Ord. 93-001. Passed 2-18-93.)

CHAPTER 159
Bellaire Tree Committee

159.01 Purpose.
159.02 Definitions.
159.03 Establishment; members.
159.04 Term of office.
159.05 Powers.
159.06 Officers; rules and regulations.
159.07 Master List of Trees and Shrubs.
159.08 Application for permit.
159.09 Denial of permit; grounds.
159.10 Disease, insects and mechanical injury.
159.99 Penalty.

CROSS REFERENCES

Destruction of trees – see GEN. OFF. 541.06
Trees – see GEN. OFF. Ch. 543

159.01 PURPOSE.

It is hereby declared to be the policy of the Municipality to regulate and control the planting, transporting, maintenance and protection of trees and shrubs on municipally-owned or controlled property in the Municipality in order to eliminate and guard against dangerous conditions which may result in injury to persons or cause property damage while using the streets, alleys, sidewalks or property of the Municipality; to promote and enhance the beauty and general welfare of the Municipality; to prevent damage to any public sewer or water main, street, sidewalk or other public property; to protect trees and shrubs located in public areas from undesirable and unsafe planting, removal, treatment and maintenance practices; and to guard all trees and shrubs within the Municipality against the spread of disease or pests. This chapter shall apply to all public trees and shrubs.
(Ord. 95-009. Passed 6-15-95.)

159.02 DEFINITIONS.

Whenever the following words or terms are used in this chapter, they shall be construed to have the following meanings:

(a) “Person” shall extend to and be applied to associations, clubs, corporations, firms and partnerships, as well as to individuals.

(b) “Public trees and shrubs” means all trees and shrubs located or to be planted on any park, playground or other property owned or controlled by the Municipality, or on any public street, alley, sidewalk or highway or within any public right of way.
(Ord. 95-009. Passed 6-15-95.)

159.03 ESTABLISHMENT; MEMBERS.

There is hereby created and established a Tree Committee which shall consist of the following five members: two members of Council who shall be appointed by Council and three who shall be appointed by the Mayor. No compensation shall be paid to members of the Committee. (Ord. 95-009. Passed 6-15-95.)

159.04 TERM OF OFFICE.

The term of the three persons to be appointed by the Mayor shall be three years, except that the Mayor shall make the original appointments in such a way that the terms of no more than two members of the Tree Committee shall expire in any one year. In the event that a vacancy occurs during the term of any member, his successor shall be appointed for the unexpired portion of such term. (Ord. 95-009. Passed 6-15-95.)

159.05 POWERS.

Except as otherwise provided herein, members of the Tree Committee shall have the power to study, investigate, plan, advise, report and recommend to Council or the Mayor, any action, program, plan or legislation which the Committee finds or determines to be necessary or advisable for the care, preservation, trimming, planting, removal or disposition of trees and shrubs in public ways, streets and alleys.
(Ord. 95-009. Passed 6-15-95.)

159.06 OFFICERS; RULES AND REGULATIONS.

The Tree Committee shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business. All plans, findings, advice, reports and recommendations made by the Committee shall be in writing and shall designate by name those members of the Committee approving or concurring therein, and members who do not so approve or concur therein shall have the right, as a part of such report, to state their reasons for refusing to approve or concur.
(Ord. 95-009. Passed 6-15-95.)

159.07 MASTER LIST OF TREES AND SHRUBS.

The Tree Committee shall prepare a Master List of Trees and Shrubs to be planted in public areas.

The Committee shall have the discretionary authority to amend or make substitutions of tree types to the Master List of Trees and Shrubs when deemed necessary by the Committee.
(Ord. 95-009. Passed 6-15-95.)

159.08 APPLICATION FOR PERMIT.

No person shall hereafter remove or plant or have removed or planted any public tree or shrub unless he has first obtained a permit in writing from the Mayor specifying the size, type, species and location of the tree or shrub to be planted or removed. Applications for such permits shall be obtained in the office of the Mayor.
(Ord. 95-009. Passed 6-15-95.)

159.09 DENIAL OF PERMIT; GROUNDS.

The Mayor shall have the authority to deny a permit to any person who proposes to plant or have planted any public tree or shrub if such proposed tree or shrub does not conform with the Master List of Trees and Shrubs prepared by the Tree Committee; or he may deny a permit to any person who proposes to plant or have planted any public tree or shrub of a size, type or species found to be undesirable by the Committee; or he may deny a permit to any person who proposes to plant or have planted any public tree or shrub at a location found to be undesirable by the Committee. (Ord. 95-009. Passed 6-15-95.)

159.10 DISEASE, INSECTS AND MECHANICAL INJURY.

No person shall hereafter knowingly plant or have planted any public tree or shrub unless such tree or shrub is free of disease, insects and mechanical injuries.
(Ord. 95-009. Passed 6-15-95.)

159.99 PENALTY.

Whoever violates any provision of this chapter shall be fined not more than one hundred dollars ($100.00).
(Ord. 95-009. Passed 6-15-95.)

TITLE SEVEN – Judicial

Chap. 171. Mayor’s Court.

CHAPTER 171
Mayor’s Court

EDITOR’S NOTE: The Mayor has jurisdiction to hear and determine any prosecution for the violation of a Municipal ordinance, and has jurisdiction in all criminal causes involving moving traffic violations occurring on State highways located within the corporate limits, subject to the right of the defendant to trial by jury and before an impartial magistrate.

Ohio R.C. 2945.17 provides that an accused has a right to be tried by a jury at any trial in any court for the violation of any Ohio statute or of any Municipal ordinance, except in cases in which the penalty involved does not exceed a fine of one hundred dollars ($100.00). Ohio R.C. 2937.08 and Criminal Rule 23(A) provide that if the court in which a defendant is charged with an offense is not a court of record (the Mayor’s Court), and the charge is such that a right to a jury trial exists, such matter shall not be tried before him and shall be transferred to a court of record in the County if the defendant:

(a) Does not waive his right to trial by jury in a serious offense case for which the penalty established by laws includes confinement for more than six months,

or

(b) Demands a jury trial in a petty offense case in which the penalty prescribed is a fine greater than one hundred dollars ($100.00) and/or imprisonment for not more than six months. “Such demand must be in writing and filed with the clerk of court not less than ten days prior to the date set for trial, or on or before the third day following receipt of notice of the date set for trial, whichever is later. Failure to demand a jury trial as provided in this subdivision is a complete waiver of the right thereto.”
In Ward v. Village of Monroeville, Ohio, 93 S. Ct. 80 (1972), the United States Supreme Court held that where the mayor before whom the defendant was compelled to stand trial was responsible for municipal finances and the mayor’s court provided a substantial portion of municipal revenues, defendant was denied a trial before a disinterested and impartial magistrate as guaranteed by the due process clause of the United States Constitution.

The Supreme Court of Ohio has adopted the “Ohio Traffic Rules” which prescribe the procedure to be followed in the Mayor’s Court in traffic cases. Rule 9(A) thereof states the jury demand shall be made pursuant to Criminal Rule 23 referred to above. Rule 9(B) sets forth the conditions under which the Mayor may hear a traffic case incorporating therein the holding in Ward v. Village of Monroeville as further interpreted in State, ex rel. Brockman v. Procter, 35 Ohio St. 2d 79 (1973): “Where, in a mayor’s court, a defendant is entitled to a jury trial and a jury demand is made pursuant to Criminal Rule 23, the Mayor shall transfer the case pursuant to subdivision (C). If a jury demand is not made pursuant to Criminal Rule 23, and (or?) the defendant waives his right to jury trial in writing, a mayor may try the case if (1) his compensation as a judge is not directly dependent upon criminal case convictions, or (2) he is not the chief executive and administrative officer of the municipality and as such responsible for the financial condition of the municipality. Guilty and no contest pleas may be taken by any mayor including mayors whose compensation as a judge is directly dependent upon criminal case convictions and mayors who as chief executive and administrative officer of the municipality are responsible for the financial condition of the municipality.”

The procedure for transferring a case to a court of record is set forth in Rule 9(C): “Where a transfer is required, the mayor’s court shall make a written order directing the defendant to appear at the transferee court, continuing the same bail, if any, and making appearance before the transferee court a condition of bail, if any. Upon transfer, the mayor’s court shall transmit to the clerk of the transferee court the ticket and all other papers in the case, and any bail taken in the case. Upon receipt of such papers the clerk of the transferee court shall set the case for trial and shall notify the defendant by ordinary mail of his trial date.”

Rule 13 provides that a court shall establish a traffic violation bureau and specifies certain restrictions as to the designated offenses and schedule of fines to be accepted as waiver payment in lieu of court appearance.

171.01 Alternative methods for collecting court costs.

CROSS REFERENCES

Disposition of fines and costs – see Ohio R.C. 733.40
Mayor’s powers and duties – see Ohio R.C. 1905.20 et seq.
Trial – see Ohio R.C. Ch. 2938
Notification to Director of liquor law convictions – see Ohio R.C. 4301.991
Record of traffic violations – see Ohio R.C. 4513.37

171.01 ALTERNATIVE METHODS FOR COLLECTING COURT COSTS.

Council hereby adopts the provisions of Ohio R.C. 1901.44 allowing for alternative methods of collecting court costs and fines including the specific authorization to block the renewal or transfer of motor vehicle registrations. (Ord. 2014-03. Passed 2-6-14.)

TITLE NINE – Taxation

Chap. 181. Income Tax.
Chap. 183. Motor Vehicle License Tax.

CHAPTER 181
Income Tax

181.01 Purpose.
181.02 Definitions.
181.03 Imposition of tax.
181.04 Effective period.
181.05 Return and payment of tax.
181.06 Collection at source.
181.07 Declarations.
181.08 Administration and enforcement.
181.09 Investigative powers of the Administrator; divulging confidential information.
181.10 Interest on unpaid taxes.
181.11 Collection of unpaid taxes and refunds of overpayments.
181.12 Violations; limitation on prosecution.
181.13 Board of Review.
181.14 Credit for tax paid to another municipality.
181.15 Severability.
181.16 Collection of tax after termination of chapter.
181.99 Penalty.

CROSS REFERENCES

Power to levy income tax – see Ohio Const., Art. XII, Sec. 8
Deductions for Municipal income tax – see Ohio R.C. 9.42
Municipal income taxes – see Ohio R.C. Ch. 718

181.01 PURPOSE.

To provide funds for the purpose of general municipal operations, maintenance, new equipment, extension and enlargement of municipal services and facilities and capital improvements of the Village, there is hereby levied a tax on salaries, wages, commissions and other compensation and on net profits as hereinafter provided.
(Ord. 436. Passed 8-15-68.)

181.02 DEFINITIONS.

As used in this chapter, the following words shall have the meanings ascribed to them, unless the context clearly indicates or requires a different meaning.

(a) “Administrator” means the individual designated by this chapter, whether appointed or elected, to administer and enforce the provisions of this chapter.

(b) “Association” means a partnership, limited partnership or any other form of unincorporated enterprise, owned by two or more persons.

(c) “Board of Review” means the Board created by and constituted as provided in Section 181.13.

(d) “Business” means an enterprise, activity, profession or undertaking of any nature conducted for profit, or ordinarily conducted for profit, whether by an individual, partnership, association, corporation or any other entity.

(e) “Corporation” means a corporation or joint stock association organized under the laws of the United States, the State of Ohio or any other state, territory or foreign country or dependency.

(f) “Employee” means one who works for wages, salary, commission or other type of compensation in the service of an employer.

(g) “Employer” means an individual, partnership, association, corporation, governmental body, unit or agency or any other entity, whether or not organized for profit, who or that employs one or more persons on a salary, wage, commission or other compensation basis.

(h) “Fiscal year” means an accounting period of twelve months or less ending on any day other than December 31.

(i) “Gross receipts” means the total income from any source whatsoever.

(j) “Net profits” means a net gain from the operation of a business, profession, enterprise or other activity after provision for all ordinary and necessary expenses either paid or accrued in accordance with the accounting system used by the taxpayer for Federal income tax purposes without deduction of taxes imposed by this chapter, Federal, State and other taxes based on income, and in the case of an association, without deduction of salaries paid to partners and other owners, and otherwise adjusted to the requirements of this chapter.

(k) “Nonresident” means an individual domiciled outside the Village.

(l) “Nonresident unincorporated business entity” means an unincorporated business entity not having an office or place of business within the Village.

(m) “Person” means every natural person, partnership, fiduciary, association or corporation. Whenever used in any clause prescribing and imposing a penalty, the term “person”, as applied to any unincorporated entity, means the partners or members thereof, and as applied to corporations, the officers thereof.

(n) “Place of business” means any bona fide office (other than a mere statutory office), factory, warehouse or other space which is occupied and used by the taxpayer in carrying on any business activity individually or through one or more of his regular employees regularly in attendance.

(o) “Resident” means an individual domiciled in the Village.

(p) “Resident unincorporated business entity” means an unincorporated business entity having an office or place of business within the Village.

(q) “Taxable income” means wages, salaries and other compensation paid by an employer or employers before any deductions and/or the net profits from the operation of a business, profession or other enterprise or activity adjusted in accordance with the provisions of this chapter.

(r) “Taxable year” means the calendar year or the fiscal year upon the basis of which the net profits are to be computed under this chapter and, in the case of a return for a fractional part of a year, the period for which such return is required to be made.

(s) “Taxpayer” means a person, whether an individual, partnership, association or any corporation or other entity, required hereunder to file a return or pay a tax.

The word “Village” shall mean the Village of Bellaire, Ohio.

The singular shall include the plural, and the masculine shall include the feminine and the neuter.
(Ord. 436. Passed 8-15-68.)

181.03 IMPOSITION OF TAX.

(a) Basis of Imposition. Subject to the provisions of Section 181.16, an annual tax for the purposes specified in Section 181.01 shall be imposed on and after January 1, 1986 at the rate of one and one-half percent (1 1/2%) per annum, one half of one percent (1/2%) of which shall be imposed for a period of four (4) years ending on December 31, 1989 upon the following:

(1) Resident individuals. On all salaries, wages, commissions and other compensation earned during the effective period of this chapter by residents of the Village. The term “other compensation”, including but not limited to income earned or derived from gaming, wagering, lotteries, including the Ohio State Lottery, or schemes of chance, all of which shall not be taxed as business income unless the individual subject to this tax has a federal gamblers permit effective during the tax year in which income from gaming, wagering, lotteries or schemes of chance is received.
(2) Nonresident individuals. On all salaries, wages, commissions and other compensation earned during the effective period of this chapter by nonresidents for work done or services performed or rendered in this Village.
(3) Resident unincorporated businesses.

A. On the portion attributable to the Village of the net profits earned during the effective period of this chapter of all resident unincorporated businesses, professions or other entities, derived from sales made, work done, services performed or rendered and business or other activities conducted in the Village.
B. On the portion of the distributive share of the net profits earned during the effective period of this chapter of a resident partner or owner of a resident unincorporated business entity not attributable to the Village and not levied against such unincorporated business entity.

(4) Nonresident unincorporated businesses.

A. On the portion attributable to the Village of the net profits earned during the effective period of this chapter of all nonresident unincorporated businesses, professions or other entities, derived from sales made, work done or services performed or rendered and business of other activities conducted in the Village, whether or not such unincorporated business entity has an office or place of business in the Village.
B. On the portion of the distributive share of the net profits earned during the effective period of this chapter of a resident partner or owner of a nonresident unincorporated business entity not attributable to the Village and not levied against such unincorporated business entity.

(5) Corporations. On the portion attributable to the Village of the net profits earned during the effective period of this chapter of all corporations derived from sales made, work done, services performed or rendered and business or other activities conducted in the Village, whether or not such corporations have an office or place of business in the Village.
(Ord. 1142. Passed 7-18-85.)

(b) Allocation Formula. The portion of the net profits attributable to the Village of a taxpayer conducting a business, profession or other activity both within and without the boundaries of the Village shall be determined as provided in Ohio R.C. 718.02 and in accordance with the rules and regulations adopted by the Administrator pursuant to this chapter.

(c) Operating Loss Carry-Forward.

(1) The portion of a net operating loss sustained in any taxable year subsequent to October 1, 1966, allocable to the Village may be applied against the portion of the profit of succeeding years allocable to the Village, until exhausted, but in no event for more than five taxable years. No portion of a net operating loss shall be carried back against net profits of any prior year.
(2) The portion of a net operating loss sustained shall be allocated to the Village in the same manner as provided herein for allocating net profits to the Village.
(3) The Administrator shall provide by rules and regulations the manner in which such net operating loss carry-forward shall be determined.

(d) Consolidated Returns.

(1) The filing of consolidated returns may be permitted or required in accordance with rules and regulations prescribed by the Administrator.
(2) In case of a corporation that carried on transactions with its stockholders or with other corporations related by stock ownership, interlocking directorates or some other method, or in case any person operates a division, branch, factory, office, laboratory or activity within the Village constituting a portion only of its total business, the Administrator shall require such additional information as he may deem necessary to ascertain whether net profits are properly allocated to the Village. If the Administrator finds net profits are not properly allocated to the Village by reason of transactions with stockholders or with other corporations related by stock ownership, interlocking directorates or transactions with such division branch, factory, office, laboratory or activity or by some other method he shall make such allocation as he deems appropriate to produce a fair and proper allocation of net profits to the Village.

(e) Exemptions. The tax provided for herein shall not be levied on the following:

(1) Funds received from local, State or Federal government because of service in the Armed Forces of the United States by the person rendering such service or as a result of another person rendering such service.
(2) Poor relief, pensions, unemployment compensation or similar payments, including disability benefits received from private industry or local, State or Federal Governments or from charitable, religious or educational organizations, the proceeds of judgments or settlement of claims for personal injury or property damage, and the proceeds of sick, accident or liability insurance policies.
(3) Alimony received. “Alimony”, as used herein, shall be as defined by the Internal Revenue Code.
(4) Income, dues, contributions, receipts from casual entertainment, amusements, sports events and health and welfare activities received by religious, fraternal, charitable, scientific, literary and educational institutions or organizations, labor unions and similar organizations.
(5) Any association, organization, corporations, club or trust, which is exempt from Federal taxes on income by reason of its purposes.
(6) Gains from involuntary conversion, cancellation of indebtedness, interest on Federal, State, municipal or other political subdivisions, obligations, items of income already taxed by the State, gains from the sale of capital assets as defined by the Internal Revenue Code and income of a decedent’s estate during the period of administration (except such income from the operation of a business).
(7) Earnings and income of all persons under sixteen years of age, whether residents or nonresidents.
(Ord. 436. Passed 8-15-68.)

181.04 EFFECTIVE PERIOD.

The tax shall be levied, collected and paid with respect to the salaries, wages, commissions and other compensation and with respect to the net profits of businesses, professions or other activities earned from October 1, 1968.
(Ord. 436. Passed 8-15-68.)

181.05 RETURN AND PAYMENT OF TAX.

(a) Date Exemption. Each taxpayer, except as herein provided, shall, whether or not a tax is due thereon, make and file a return on or before April 15 of the year following the effective date of this chapter, and on or before April 15 of each year thereafter. When the return is made for a fiscal year or other period different from the calendar year, the return shall be filed within four months from the end of such fiscal year or period. The Administrator is hereby authorized to provide by regulation that the return of an employer showing the amount of tax deducted by such employer from the salaries, wages, commissions or other compensation of an employee and paid by him or them to the Administrator, shall be accepted as the return required of any employee whose sole income, subject to tax under this chapter is such salary, wages, commissions or other compensation.
(Ord. 2007-09. Passed 5-3-07.)

(b) Returns and Content Thereof. The return shall be filed with the Administrator on a form or forms furnished by or obtainable upon request from such Administrator setting forth:

(1) The aggregate amounts of salaries, wages, commissions and other compensation earned and gross income from the business, profession or other activity, less allowable expenses incurred in the acquisition of such gross income earned during the preceding year and subject to the tax;
(2) The amount of the tax imposed by this chapter in such earnings and profits; and
(3) Such other pertinent statements, information returns or other information as the Administrator may require.

(c) Extensions. The Administrator may extend the time for the filing of the annual return upon the request of the taxpayer for a period not to exceed six months, or one month beyond any extension requested of or granted by the Internal Revenue Service for the filing of the Federal Income Tax Return. The Administrator may require a tentative return, accompanied by the payment of the amount of tax shown to be due thereon by the date the return is normally due. No penalty or interest shall be assessed in those cases in which the return is filed and the final tax paid within the period as extended.

(d) Payment with Returns; Overpayments; Refunds.

(1) The taxpayer making a return shall, at the time of the filing thereof, pay to the Administrator the amount of taxes shown as due thereon. However, where any portion of the tax so due has been deducted at the source pursuant to the provisions of Section 181.06 or where any portion of the tax has been paid by the taxpayer pursuant to the provisions of Section 181.07 or where an income tax has been paid to another municipality, credit for the amount so paid in accordance with Section 181.15 shall be deducted from the amount shown to be due and only the balance, if any, shall be due and payable at the time of filing the return.
(2) A taxpayer who has overpaid the amount of tax to which the Village is entitled under the provisions of this chapter may have such overpayment applied against any subsequent liability hereunder or, at his election indicated on the return, such overpayment or part thereof shall be refunded provided that no additional taxes or refunds of less than one dollar ($1.00) shall be collected or refunded.

(e) Amended Returns.

(1) Where necessary, an amended return must be filed in order to report additional income and pay any additional tax due or claim a refund or tax overpaid, subject to the requirements and limitations contained in Sections 181.11 and 181.15. Such amended returns shall be on a form obtainable on request from the Administrator. A taxpayer may not change the method of accounting or apportionment of net profits after the due date for filing the original return.
(2) Within three months from the final determination of any Federal tax liability affecting the taxpayer’s Village tax liability such taxpayer shall make and file an amended Village return showing income subject to the Village tax based upon such final determination of Federal tax liability and pay any additional tax shown due thereon or make claim for refund of any overpayment.
(Ord. 436. Passed 8-15-68.)

181.06 COLLECTION AT SOURCE.

(a) Withholding by Employer. In accordance with rules and regulations prescribed by the Administrator, each employer within or doing business within the Village shall deduct, at the time of the payment of such salary, wage, commission or other compensation, the tax of one percent of the gross salaries, wages, commissions or other compensation due by the employer to the employee and shall, on or before the last day of the month following the close of each calendar quarter, make return and pay to the Administrator the amount of taxes so deducted. The return shall be on a form or forms prescribed by or acceptable to the Administrator and shall be subject to the rules and regulations prescribed therefor by the Administrator. Such employer shall be liable for the payment of the tax required to be deducted and withheld, whether or not such taxes have in fact been withheld.

(b) Employer Considered as Trustee. Such employer, in collecting such tax, shall be deemed to hold the same, until payment is made by such employer to the Village, as a trustee for the benefit of the Village, and any such tax collected by such employer from his employee shall, until the same is paid to the Village, be deemed a trust fund in the hands of such employer.
(Ord. 436. Passed 8-15-68.)

181.07 DECLARATIONS.

(a) Requirements for Filing. Every person who anticipates any taxable income which is not subject to Section 181.06 or who engages in any business, profession, enterprise or activity subject to the tax imposed by Section 181.03 shall file a declaration setting forth such estimated income or the estimated profit or loss from such business activity together with the estimated tax due thereon, if any. However, if a person’s income is wholly from wages from which the tax will be withheld and remitted to the Village, in accordance with Section 181.06, such person need not file a declaration.

(b) Calendar and Fiscal Dates for Filing.

(1) Such declaration shall be filed on or before April 30 of each year during the continuance of this chapter, or within four months of the date the taxpayer becomes subject to tax for the first time.
(2) Those taxpayers reporting on a fiscal year basis shall file a declaration within four months after the beginning of each fiscal year or period.

(c) Forms; Credit for Tax Withheld or Paid to Another; Amended Declarations.

(1) Such declaration shall be filed upon a form furnished by, or obtainable from, the Administrator, provided, however, that credit shall be taken for the Municipal tax to be withheld from any portion of such income. In accordance with the provisions of Section 181.15, credit may be taken for tax to be paid to or to be withheld and remitted to another taxing municipality.
(2) The original declaration or any subsequent amendment thereof may be increased or decreased on or before any subsequent quarterly payment date as provided for herein.

(d) Payments With Declarations. Such declaration of estimated tax to be paid to the Village shall be accompanied by a payment of at least one-fourth of the estimated annual tax and at least a similar amount shall be paid on or before the last day of the sixth, ninth and twelfth months after the beginning of the taxable year. However, in case an amended declaration has been filed, the unpaid balance shown due thereon shall be paid in equal installment on or before the remaining payment dates.

(e) Annual Return Required. On or before the fifteenth (15th) day of the fourth month of the year following that for which declaration or amended declaration was filed, an annual return shall be filed, and any balance which may be due the Village shall be paid therewith in accordance with the provisions of Section 181.05.
(Ord. 2007-09. Passed 5-3-07.)

181.08 ADMINISTRATION AND ENFORCEMENT.

(a) Collection and Records.

(1) The taxes imposed and levied pursuant to the provisions of this chapter shall be administered by such employees as provided for in this chapter and determined by the Mayor and they shall receive such salary as may be determined by Council.
(Ord. 445. Passed 10-3-68.)
(2) It shall be the duty of the Treasurer to receive the tax imposed by this chapter in the manner prescribed herein from the taxpayers, to keep an accurate record thereof and to report all moneys so received monthly by written report to Council.
(3) It shall be the duty of the Administrator to enforce payment of all taxes owing to the Village and to keep accurate records for a minimum of five years showing the amount due from each taxpayer required to file a declaration and make any return, including taxes withheld, and showing the dates and amounts of payments thereof.

(b) Enforcement Authority. The Administrator is hereby charged with the enforcement of the provisions of this chapter and is hereby empowered, subject to the approval of the Board of Review, to adopt and promulgate and to enforce rules and regulations relating to any matter or thing pertaining to the collection of taxes and the administration and enforcement of the provisions of this chapter, including provisions for the re-examination and correction of returns.

(c) Determination of Taxes. In any case where a taxpayer has failed to file a return, or has filed a return which does not show the proper amount of tax due, the Administrator may determine the amount of tax appearing to be due the Village from the taxpayer and shall send to such taxpayer a written statement showing the amount of tax so determined, together with interest and penalties thereon, if any.

(d) Compromise Authority. Subject to the consent of the Board of Review or pursuant to regulation approved by such Board, the Administrator shall have the power to compromise any interest or penalty, or both, imposed by Section 181.10.
(Ord. 436. Passed 8-15-68.)

181.09 INVESTIGATIVE POWERS OF THE ADMINISTRATOR; DIVULGING CONFIDENTIAL INFORMATION.

(a) Examination of Taxpayer’s Records. The Administrator, or any authorized employee, is hereby authorized to examine the books, papers, records and Federal Income Tax Returns of any employer or of any taxpayer or person subject to, or whom the Administrator believes is subject to the provisions of this chapter, for the purpose of verifying the accuracy of any return made or if no return was made, to ascertain the tax due under this chapter. Every such employer, supposed employer, taxpayer or supposed taxpayer is hereby directed and required to furnish upon written request by the Administrator, or his duly authorized agent or employee, the means, facilities and opportunity for making such examinations and investigations as are hereby authorized.

(b) Appearance Orders to Taxpayers. The Administrator is hereby authorized to order any person presumed to have knowledge of the facts to appear before him and may examine such person, under oath, concerning any income which was or should have been returned for taxation or any transaction tending to affect such income, and for this purpose may compel the production of books, papers, records and Federal Income Tax Returns and the attendance of all persons before him, whether as parties or witnesses, whenever he believes such persons have knowledge of such income or information pertinent to such inquiry.

(c) Result of Refusal to Submit Information. The refusal to produce books, papers, records and Federal Income Tax Returns, or the refusal to submit to such examination by any employer or person subject or presumed to be subject to the tax or by any officer, agent or employee of a person subject to the tax or required to withhold tax, or the failure of any person to comply with the provisions of this section or with an order or subpoena of the Administrator authorized hereby, shall be deemed a violation of this chapter, punishable as provided in Section 181.99.

(d) Confidential Nature of Information. Any information gained as the result of any returns, investigations, hearings or verifications required or authorized by this chapter shall be confidential, except for official purposes or except in accordance with proper judicial order. No person shall divulge such information.

(e) Retention of Records. Every taxpayer shall retain all records necessary to compute his tax liability for a period of five years from the date his return is filed or the withholding taxes are paid.
(Ord. 436. Passed 8-15-68.)

181.10 INTEREST ON UNPAID TAXES.

(a) Interest. All taxes imposed and all moneys withheld or required to be withheld by employers under the provisions of this chapter and remaining unpaid after they become due shall bear interest at the rate of one-half of one percent per month or fraction thereof.
(Ord. 436. Passed 8-15-68.)

(b) Penalties. In addition to interest as provided in subsection (a) hereof, penalties based upon the unpaid tax are hereby imposed as follows:

(1) For failure to pay taxes due, other than taxes withheld: one and one-half percent (1 1/2%) per month or fraction thereof;
(2) For failure to remit taxes withheld from employees: five percent (5%) per month or fraction thereof.
(Ord. 1141. Passed 7-18-85.)

(c) Exceptions. A penalty shall not be assessed on an additional tax assessment made by the Administrator when a return has been filed in good faith and the tax paid thereon within the time prescribed by the Administrator, in the absence of fraud, neither a penalty nor interest shall be assessed on any additional tax assessment resulting from a Federal audit, provided an amended return is filed and the additional tax is paid within three months after final determination of the Federal tax liability.

(d) Abatement by Board of Review. Upon recommendation of the Administrator, the Board of Review may abate a penalty or interest, or both, or upon an appeal from the refusal of the Administrator to recommend abatement of a penalty and interest, the Board may nevertheless abate such penalty or interest, or both.
(Ord. 436. Passed 8-15-68.)

181.11 COLLECTION OF UNPAID TAXES AND REFUNDS OF OVERPAYMENTS.

(a) Time Limitation on Suits. All taxes imposed by this chapter shall be collectible, together with any interest and penalties thereon, by suit, as other debts of like amount are recoverable. Except in the case of fraud, omission of a substantial portion of income subject to this tax or failure to file a return, an additional assessment shall not be made after three years from the time the return was due or filed, which ever is later. However, in those cases in which the Commissioner of Internal Revenue and the taxpayer have executed a waiver of the Federal statute of limitations, the period within which an additional assessment may be made by the Administrator shall be one year from the time of the final determination of the Federal tax liability.

(b) Time Limitations of Refunds. Taxes erroneously paid shall not be refunded unless a claim for refund is made within the time provided under Ohio R.C. 718.12.

(c) Minimum Amounts. Amounts of less than one dollar ($1.00) shall not be collected or refunded.
(Ord. 436. Passed 8-15-68.)

181.12 VIOLATIONS; LIMITATION ON PROSECUTION.

(a) Enumeration of Violations. No person shall:

(1) Fail, neglect or refuse to make any return or declaration required by this chapter;
(2) Make any incomplete, false or fraudulent return;
(3) Fail, neglect or refuse to pay the tax, penalties or interest imposed by this chapter;
(4) Fail, neglect or refuse to withhold the tax from his employees or remit such withholding to the Administrator;
(5) Refuse to permit the Administrator or any duly authorized agent or employee to examine his books, records, papers and Federal Income Tax papers;
(6) Fail to appear before the Administrator and to produce his books, records, papers or Federal Income Tax Returns relating to the income or net profits of a taxpayer upon order or subpoena of the Administrator;
(7) Refuse to disclose to the Administrator any information with respect to the income or net profits of a taxpayer;
(8) Fail to comply with the provisions of this chapter or any order or subpoena of the Administrator authorized hereby;
(9) Give to an employer false information as to his true name, correct social security number and residence address, or fail to promptly notify an employer of any change in residence address and the date thereof;
(10) Fail to use ordinary diligence in maintaining proper records of employees’ residence addresses, total wages paid and the Municipal tax withheld or knowingly give the Administrator false information; or
(11) Attempt to do anything whatever to avoid the payment of the whole or any part of the tax, penalties or interest imposed by this chapter.

(b) Time Limitations on Prosecutions. All prosecutions under this section must be commenced within the periods stipulated in Ohio R.C. 718.06.

(c) Failure to Obtain Forms not a Defense. The failure of any employer or person to receive or procure a return, declaration or other required form shall not excuse him from making any information return, return or declaration, from filing such form or from paying the tax.
(Ord. 436. Passed 8-15-68.)

181.13 BOARD OF REVIEW.

(a) Composition and Procedures. A Board of Review, consisting of a chairman and two other individuals, each to be appointed by the Mayor, is hereby created. A majority of the members of the Board shall constitute a quorum. The Board shall adopt its own procedural rules and shall keep a record of its transactions. Any hearing by the Board may be conducted privately, and the provisions of Section 181.09 with reference to the confidential character of information required to be disclosed shall apply to such matters as may be heard before the Board on appeal.

(b) Appeals; Alternative Method of Allocation. All rules, regulations and amendments, or changes thereto, which are adopted by the Administrator under the authority conferred by this chapter must be approved by the Board of Review before the same become effective. The Board shall hear and pass on appeals from any ruling or decision of the Administrator and, at the request of the taxpayer or Administrator, is empowered to substitute alternate methods of allocation.

(c) Time Limitation for Appeals; Authority Over Administrator’s Decisions. Any person dissatisfied with any ruling or decision of the Administrator which is made under the authority conferred by this chapter may appeal therefrom to the Board of Review within thirty days from the announcement of such ruling or decision by the Administrator, and the Board shall, on hearing, have jurisdiction to affirm, reverse or modify any such ruling or decision, or any part thereof.
(Ord. 436. Passed 8-15-68.)

181.14 CREDIT FOR TAX PAID TO ANOTHER MUNICIPALITY.

(a) Where a resident of the Municipality is subject to a municipal income tax in another municipality he shall not pay a total municipal income tax on the same income greater than the tax imposed at the higher rate.

(b) Every individual taxpayer who resides in this Municipality who receives net profits, salaries, wages, commissions or other personal service compensation for work done or service performed or rendered outside of this Municipality, if it be made to appear that he has paid a municipal income tax on the same income taxable under this chapter to another municipality, shall be allowed a credit against the tax imposed by this chapter of the amount so paid by him or in his behalf to such other municipality. The credit shall not exceed the tax assessed by this chapter on such income earned in such other municipality or municipalities where such tax is paid.

(c) A claim for refund or credit under this section shall be made in such manner as the Administrator may by regulation provide.
(Ord. 1141. Passed 7-18-85.)

181.15 SEVERABILITY.

If any sentence, clause, section or part of this chapter or any tax against any individual, or any of the several groups specified herein is found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall affect only such clause, sentence, section or part of this chapter and shall not affect or impair any of the remaining provisions, sentences, clauses, sections or other parts of this chapter. It is hereby declared to be in the intent of Council that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
(Ord. 436. Passed 8-15-68.)

181.16 COLLECTION OF TAX AFTER TERMINATION OF CHAPTER.

(a) This chapter shall continue effective insofar as the levy of taxes is concerned from October 1, 1968, and insofar as the collection of taxes levied hereunder and actions or proceedings for collecting any tax so levied or enforcing any provisions of this chapter are concerned, it shall continue effective until all of such taxes levied in the aforesaid period are fully paid and until any and all suits and prosecutions for the collection of such taxes or for the punishment of violations of this chapter have been fully terminated subject to the limitations contained in Sections 181.11 and 181.12.

(b) Annual returns due for all or any part of the last effective year of this chapter shall be due on the date provided in Sections 181.05 and 181.06 as though the same were continuing.
(Ord. 436. Passed 8-15-68.)

181.99 PENALTY.

(a) Whoever violates any of the provisions of this chapter for which no penalty is otherwise provided, shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both.

(b) Whoever violates any of the provisions of Section 181.09 shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both. Each disclosure shall constitute a separate offense.

(c) In addition to the above penalty, any employee of the Village who violates the provisions of Section 181.09, relative to the disclosure of confidential information, shall be guilty of an offense punishable by immediate dismissal.
(Ord. 1141. Passed 7-18-85.)

(d) Any person who fails or neglects to timely file any return of declaration required by this chapter shall be assessed a penalty in the amount of fifty dollars ($50.00) for good cause shown, the Tax Administrator may waive the penalty assessed for the failure or neglect to timely file any return or declaration required by this chapter when such return or declaration is filed within the time prescribed by the Tax Administrator.
(Ord. 1337. Passed 9-20-90.)

CHAPTER 183
Motor Vehicle License Tax

183.01 Levy.
183.02 Additional levy.

CROSS REFERENCES
Authority to levy – see Ohio R.C. 4505.172

183.01 LEVY.

Council, in accordance with the provisions of Ohio R.C. 4505.172 does hereby levy a municipal motor vehicle license tax in the amount of five dollars ($5.00) per motor vehicle on all vehicles registered within the municipal corporation of Bellaire, to be collected in the manner provided by the Ohio Revised Code, to be paid into the Treasury of the Village as provided in Ohio R.C. 4504.07, and to be expended by the Village only for those purposes described in Ohio R.C. 4504.06. (Ord. 97-014. Passed 6-19-97.)

183.02 ADDITIONAL LEVY.

(a) In accordance with Ohio R.C. 4505.171, there is hereby levied a tax at the rate of five dollars ($5.00) per motor vehicle on all motor vehicles, the district of registration of which as defined by Ohio R.C. 4503.10, is in the municipal corporation of Bellaire, and is to be considered an additional levy to supplement revenue already available to the municipal corporation under Ohio R.C. 4504.172 as passed by Ordinance No. 97-014.

(b) Said tax shall be for the purpose of paying the costs and expenses of enforcing and administering the tax provided for in Ohio R.C. 4504.171; to supplement revenue already available to municipal corporations under Ohio R.C. 4504.04, 4504.06, 4504.17 and/or 4504.172, and to provide additional revenue for the purposes set forth in those sections, such as, but not limited to, planning, construction, improving, maintaining, and repairing public roads, highways, and streets, and maintaining and repairing bridges and viaducts.

(c) Said taxes levied shall be paid and distributed to the Village of Bellaire directly into the Village treasuries and to be expended by the Village of Bellaire for the purposes set forth in Section 183.01. The tax imposed by this Section shall apply to and be in effect for the registration year commencing January 1, 2009, and shall continue in effect and application during each registration year thereafter unless repealed.

(d) The tax imposed by this section shall be paid to the Registrar of Motor Vehicles of the State of Ohio or to a Deputy Registrar at the time application for registration of the motor vehicle is made as provided in Ohio R.C. 4503.01.

(e) The Clerk-Treasurer is instructed and directed pursuant to Ohio R.C. 4504.08 to certify a copy of this section, as passed, to the Registrar of Motor Vehicles not later than the first day of July of the year preceding that in which such registration year begins.
(Ord. 2008-09. Passed 5-15-08.)