As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 83 5
1997-1998 6
SENATOR B. JOHNSON 8
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A B I L L
To enact sections 765.01 to 765.08 of the Revised 12
Code to authorize municipal corporations to 13
establish noncriminal land use infractions, to
provide civil enforcement procedures for any such 14
land use infractions established, and to
authorize the establishment of land use 15
violations bureaus to deal with such infractions. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That sections 765.01, 765.02, 765.03, 765.04, 19
765.05, 765.06, 765.07, and 765.08 of the Revised Code be enacted 20
to read as follows:
Sec. 765.01. AS USED IN THIS CHAPTER: 22
(A) "LAND USE INFRACTION" MEANS A VIOLATION OF ANY 24
BUILDING, HOUSING, AIR POLLUTION, SANITATION, HEALTH, FIRE, 25
ZONING, OR SAFETY CODE, ORDINANCE, RESOLUTION, OR REGULATION THAT 26
IS APPLICABLE TO PREMISES USED OR INTENDED FOR USE AS A PLACE OF 27
HUMAN HABITATION, BUILDINGS, STRUCTURES, OR ANY OTHER REAL 28
PROPERTY SUBJECT TO SUCH A CODE, ORDINANCE, RESOLUTION, OR
REGULATION AND THAT IS ENACTED BY A MUNICIPAL CORPORATION, OR A 29
VIOLATION OF ANY CODE, ORDINANCE, RESOLUTION, OR REGULATION 30
ENACTED BY A MUNICIPAL CORPORATION AS AUTHORIZED BY THIS CHAPTER, 31
IF THE MUNICIPAL CORPORATION IN EITHER OF THESE CASES ALSO HAS 32
ENACTED A CODE, ORDINANCE, RESOLUTION, OR REGULATION OF THE TYPE 33
DESCRIBED IN DIVISION (A) OF SECTION 765.02 OF THE REVISED CODE 34
IN RELATION TO THE PARTICULAR REGULATORY CODE, ORDINANCE, 36
RESOLUTION, OR REGULATION. 37
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(B) "COURT" MEANS A MUNICIPAL COURT, COUNTY COURT, OR 40
MAYOR'S COURT, UNLESS SPECIFICALLY IDENTIFIED AS ONE OF THESE 41
COURTS, IN WHICH CASE IT MEANS THE SPECIFICALLY IDENTIFIED COURT. 42
(C) "LAW ENFORCEMENT OFFICER" MEANS A LAW ENFORCEMENT 44
OFFICER AS DEFINED IN SECTION 2901.01 OF THE REVISED CODE, CODE 45
ENFORCEMENT OFFICER, BUILDING INSPECTOR, OR OTHER OFFICER 46
AUTHORIZED TO ENFORCE ANY CODE, ORDINANCE, RESOLUTION, OR
REGULATION DESCRIBED IN DIVISION (A) OF THIS SECTION. 47
Sec. 765.02. (A) A MUNICIPAL CORPORATION THAT ENACTS ANY 49
CODE, ORDINANCE, RESOLUTION, OR REGULATION DESCRIBED IN DIVISION 50
(A) OF SECTION 765.01 OF THE REVISED CODE ALSO MAY SPECIFY BY 51
CODE, ORDINANCE, RESOLUTION, OR REGULATION THAT A VIOLATION OF 52
THE REGULATORY CODE, ORDINANCE, RESOLUTION, OR REGULATION SHALL 53
NOT BE CONSIDERED A CRIMINAL OFFENSE FOR ANY PURPOSE, THAT A 54
PERSON WHO COMMITS THE VIOLATION SHALL NOT BE ARRESTED AS A 55
RESULT OF THE COMMISSION OF THE VIOLATION, AND THAT THE VIOLATION 56
SHALL BE HANDLED PURSUANT TO THIS CHAPTER. IF SUCH A 57
SPECIFICATION IS MADE, THE MUNICIPAL CORPORATION ALSO SHALL ADOPT 58
BY CODE, ORDINANCE, RESOLUTION, OR REGULATION A FINE FOR A 60
VIOLATION OF THE REGULATORY CODE, ORDINANCE, RESOLUTION, OR 61
REGULATION AND PRESCRIBE AN ADDITIONAL PENALTY OR PENALTIES FOR 62
FAILURE TO ANSWER ANY CHARGES OF THE VIOLATION IN A TIMELY 63
MANNER. IN NO CASE SHALL ANY FINE ADOPTED OR ADDITIONAL PENALTY 65
PRESCRIBED PURSUANT TO THIS DIVISION EXCEED ONE HUNDRED DOLLARS, 66
PLUS COSTS AND OTHER ADMINISTRATIVE CHARGES, PER VIOLATION. 67
(B) A MUNICIPAL CORPORATION THAT ENACTS ANY CODE, 69
ORDINANCE, RESOLUTION, OR REGULATION UNDER DIVISION (A) OF THIS 70
SECTION ALSO SHALL ENACT A CODE, ORDINANCE, RESOLUTION, OR 71
REGULATION THAT SPECIFIES THE TIME WITHIN WHICH A PERSON WHO IS 72
ISSUED A TICKET MUST ANSWER IN RELATION TO THE LAND USE 73
INFRACTION CHARGED IN THE TICKET. 74
Sec. 765.03. (A) EACH MUNICIPAL CORPORATION THAT ENACTS 76
ANY CODE, ORDINANCE, RESOLUTION, OR REGULATION UNDER DIVISION (A) 77
OF SECTION 765.02 OF THE REVISED CODE SHALL ADOPT A TICKET TO BE 79
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USED BY ITS LAW ENFORCEMENT OFFICERS. THIS TICKET SHALL BE THE
SUMMONS AND COMPLAINT FOR PURPOSES OF THIS CHAPTER. 81
(B) THE TICKET ADOPTED BY A MUNICIPAL CORPORATION UNDER 84
DIVISION (A) OF THIS SECTION SHALL BE USED BY ITS LAW ENFORCEMENT 85
OFFICERS IN ALL CASES IN WHICH A PERSON IS CHARGED WITH 86
COMMITTING A LAND USE INFRACTION IN ITS JURISDICTION. EACH
TICKET SHALL CONTAIN PROVISIONS THAT ADVISE THE PERSON UPON WHOM 88
IT IS SERVED THAT THE PERSON MUST ANSWER IN RELATION TO THE LAND 89
USE INFRACTION CHARGED IN THE TICKET AND THAT CERTAIN PENALTIES 90
MAY RESULT FROM A FAILURE TO TIMELY ANSWER, INDICATE THE 91
ALLOWABLE ANSWERS THAT MAY BE MADE AND THAT THE PERSON WILL BE 92
AFFORDED A HEARING IF THE PERSON DENIES IN THE ANSWER THAT THE 93
PERSON COMMITTED THE LAND USE INFRACTION, SPECIFY THE ENTITY TO 95
WHICH, THE TIME WITHIN WHICH, AND THE ALLOWABLE MANNERS IN WHICH 96
THE ANSWER MUST BE MADE, INDICATE THE PENALTIES THAT MAY RESULT 97
FROM FAILURE TO TIMELY ANSWER AND THE FINE THAT ARISES FROM THE 98
LAND USE INFRACTION, WARN THAT FAILURE TO TIMELY ANSWER OR TO 99
APPEAR AT A REQUESTED HEARING WILL BE CONSIDERED AN ADMISSION OF 100
THE LAND USE INFRACTION, AND WARN THAT A DEFAULT CIVIL JUDGMENT 101
POTENTIALLY MAY BE ENTERED AGAINST THE PERSON.
(C) A LAW ENFORCEMENT OFFICER WHO ISSUES A TICKET FOR A 104
LAND USE INFRACTION SHALL COMPLETE THE TICKET BY IDENTIFYING THE 105
LAND USE INFRACTION CHARGED AND INDICATING THE DATE, TIME, AND 106
PLACE OF THE INFRACTION. THE OFFICER SHALL SIGN THE TICKET AND 107
AFFIRM THE FACTS IT CONTAINS. IF THE OFFENDER IS PRESENT, THE 108
OFFICER ALSO SHALL RECORD ON THE TICKET THE NAME OF THE OFFENDER 109
IN A SPACE PROVIDED ON THE TICKET FOR IDENTIFICATION OF THE 110
OFFENDER, AND THEN SHALL PERSONALLY SERVE THE TICKET UPON THE 111
OFFENDER. IF THE OFFENDER IS NOT PRESENT, THE OFFICER SHALL 112
INSERT THE WORD "OFFENDER" IN THE SPACE PROVIDED ON THE TICKET 113
FOR IDENTIFICATION OF THE OFFENDER, AND THEN SHALL CONSTRUCTIVELY 114
SERVE THE TICKET UPON THE OFFENDER BY AFFIXING THE TICKET TO THE 115
AFFECTED REAL PROPERTY IN A CONSPICUOUS PLACE. 116
CONSTRUCTIVE SERVICE OF A TICKET BY AFFIXATION AS PROVIDED 119
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IN THIS DIVISION HAS THE SAME FORCE AND EFFECT, AND POTENTIALLY 121
SUBJECTS THE OFFENDER WHOSE ACT OR OMISSION RESULTED IN THE LAND 123
USE INFRACTION TO THE SAME FINE AND THE SAME PENALTIES FOR 124
FAILURE TO TIMELY ANSWER OR TO APPEAR, IF A HEARING IS REQUESTED, 125
AS IF THE TICKET WERE PERSONALLY SERVED ON THE OFFENDER AT THE 126
TIME OF THE VIOLATION. 127
(D) THE ORIGINAL OF A TICKET ISSUED UNDER THIS SECTION OR 130
ANY TRUE COPY OF IT SHALL BE CONSIDERED A RECORD KEPT IN THE 131
ORDINARY COURSE OF BUSINESS OF THE MUNICIPAL CORPORATION AND OF 132
THE LAW ENFORCEMENT AGENCY WHOSE OFFICER ISSUED IT, AND SHALL BE 133
PRIMA-FACIE EVIDENCE OF THE FACTS IT CONTAINS.
(E) WHEN A TICKET IS ISSUED FOR A LAND USE INFRACTION AND 136
IS SERVED UNDER THIS SECTION, THE OFFENDER WHOSE ACT OR OMISSION 137
RESULTED IN THE INFRACTION FOR WHICH THE TICKET WAS ISSUED IS 139
LIABLE FOR THE INFRACTION AND FOR ANY FINE OR PENALTY ARISING OUT 140
OF THE INFRACTION UNDER A CODE, ORDINANCE, RESOLUTION, OR
REGULATION ENACTED BY THE MUNICIPAL CORPORATION UNDER DIVISION 142
(A) OF SECTION 765.02 OF THE REVISED CODE.
(F) NO PERSON UPON WHOM A TICKET CHARGING A LAND USE 145
INFRACTION IS PERSONALLY OR CONSTRUCTIVELY SERVED UNDER THIS 146
SECTION SHALL BE ARRESTED AS A RESULT OF THE COMMISSION OF THE 147
LAND USE INFRACTION.
Sec. 765.04. (A)(1) THE LEGISLATIVE AUTHORITY OF A 149
MUNICIPAL CORPORATION, BY ORDINANCE OR RESOLUTION, MAY REQUEST 151
THE MUNICIPAL COURT OR COUNTY COURT HAVING TERRITORIAL 152
JURISDICTION OVER THE MUNICIPAL CORPORATION TO AUTHORIZE THE 153
MUNICIPAL CORPORATION TO ESTABLISH A LAND USE VIOLATIONS BUREAU 154
TO HANDLE ALL LAND USE INFRACTIONS OCCURRING WITHIN THE TERRITORY 155
OF THE MUNICIPAL CORPORATION, INCLUDING LAND USE INFRACTIONS THAT 157
ARE VIOLATIONS OF CODES, ORDINANCES, RESOLUTIONS, OR REGULATIONS 158
OF OTHER MUNICIPAL CORPORATIONS AND THAT OCCUR WITHIN THE 159
TERRITORY OF THE REQUESTING MUNICIPAL CORPORATION.
(2) THE LEGISLATIVE AUTHORITIES OF TWO OR MORE MUNICIPAL 161
CORPORATIONS THAT ARE WITHIN THE TERRITORIAL JURISDICTION OF THE 163
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SAME MUNICIPAL COURT OR COUNTY COURT MAY JOIN TOGETHER AND, BY 164
ORDINANCE OR RESOLUTION, REQUEST THE MUNICIPAL COURT OR COUNTY 165
COURT TO AUTHORIZE THE MUNICIPAL CORPORATIONS TO JOINTLY 166
ESTABLISH A JOINT LAND USE VIOLATIONS BUREAU TO HANDLE ALL LAND 167
USE INFRACTIONS OCCURRING WITHIN THE TERRITORIES OF THE MUNICIPAL 168
CORPORATIONS THAT HAVE JOINED TOGETHER IN MAKING THE REQUEST, 170
INCLUDING LAND USE INFRACTIONS THAT ARE VIOLATIONS OF CODES, 171
ORDINANCES, RESOLUTIONS, OR REGULATIONS OF OTHER MUNICIPAL 172
CORPORATIONS AND THAT OCCUR WITHIN THE TERRITORIES OF THE
MUNICIPAL CORPORATIONS MAKING THE REQUEST. 173
(B) A REQUEST MADE UNDER DIVISION (A) OF THIS SECTION 176
SHALL BE FILED WITH THE CLERK OF THE MUNICIPAL COURT OR COUNTY 177
COURT. UPON THE FILING OF SUCH A REQUEST, THE COURT, BY JOURNAL
ENTRY, SHALL AUTHORIZE THE MUNICIPAL CORPORATION THAT MADE THE 179
REQUEST, OR THE MUNICIPAL CORPORATIONS THAT JOINED TOGETHER IN 181
MAKING THE REQUEST, TO ESTABLISH A LAND USE VIOLATIONS BUREAU OR 182
TO JOINTLY ESTABLISH A JOINT LAND USE VIOLATIONS BUREAU. UPON 183
THE GRANT OF SUCH AUTHORITY BY A COURT, THE MUNICIPAL 184
CORPORATION, OR THE MUNICIPAL CORPORATIONS THAT JOINED TOGETHER, 185
MAY ESTABLISH THE LAND USE VIOLATIONS BUREAU OR JOINTLY ESTABLISH 186
THE JOINT LAND USE VIOLATIONS BUREAU. 187
Sec. 765.05. (A) IF A LAND USE VIOLATIONS BUREAU OR A 189
JOINT LAND USE VIOLATIONS BUREAU IS ESTABLISHED UNDER SECTION 191
765.04 OF THE REVISED CODE, NOTWITHSTANDING ANY OTHER PROVISION 193
OF LAW TO THE CONTRARY, THE BUREAU OR JOINT BUREAU HAS
JURISDICTION OVER EACH LAND USE INFRACTION THAT IS A VIOLATION OF 194
A CODE, ORDINANCE, RESOLUTION, OR REGULATION OF ANY MUNICIPAL 195
CORPORATION AND THAT OCCURS WITHIN THE TERRITORY OF THE MUNICIPAL 196
CORPORATION THAT ESTABLISHED THE BUREAU OR THE TERRITORY OF ANY 198
OF THE MUNICIPAL CORPORATIONS THAT JOINED TOGETHER TO JOINTLY 200
ESTABLISH THE JOINT BUREAU, REGARDLESS OF WHETHER THE MUNICIPAL 201
CORPORATION WAS THE MUNICIPAL CORPORATION THAT ESTABLISHED THE 202
BUREAU OR WAS ONE OF THE MUNICIPAL CORPORATIONS THAT JOINED 203
TOGETHER TO JOINTLY ESTABLISH THE JOINT BUREAU. NOTWITHSTANDING 204
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ANY OTHER PROVISION OF LAW TO THE CONTRARY, EACH LAND USE 205
INFRACTION THAT IS A VIOLATION OF A CODE, ORDINANCE, RESOLUTION, 206
OR REGULATION OF ANY MUNICIPAL CORPORATION AND THAT OCCURS WITHIN 207
THE JURISDICTION OF THE BUREAU OR THE JOINT BUREAU, AND THE 208
ENFORCEMENT OF EACH SUCH LAND USE INFRACTION, SHALL BE HANDLED 209
PURSUANT TO AND BE GOVERNED BY THIS CHAPTER. 210
THE OPERATING COSTS OF A LAND USE VIOLATIONS BUREAU SHALL 212
BE PAID BY THE MUNICIPAL CORPORATION THAT ESTABLISHES IT. THE 214
OPERATING COSTS OF A JOINT LAND USE VIOLATIONS BUREAU SHALL BE 215
PAID BY ALL OF THE MUNICIPAL CORPORATIONS THAT JOINTLY ESTABLISH 216
IT, IN THE PROPORTIONS AGREED UPON BY THE LEGISLATIVE AUTHORITIES 217
OF THE MUNICIPAL CORPORATIONS. THE LEGISLATIVE AUTHORITY OF THE 218
MUNICIPAL CORPORATION THAT ESTABLISHES A LAND USE VIOLATIONS 219
BUREAU AND THE LEGISLATIVE AUTHORITIES OF ALL OF THE MUNICIPAL 220
CORPORATIONS THAT JOINTLY ESTABLISH A JOINT LAND USE VIOLATIONS 222
BUREAU, BY AGREEMENT, SHALL APPOINT A VIOLATIONS CLERK FOR THE 223
BUREAU OR JOINT BUREAU, AND, SUBJECT TO THE EXCEPTION PROVIDED IN 224
THIS DIVISION, SHALL APPOINT HEARING EXAMINERS AND NECESSARY 225
CLERICAL EMPLOYEES FOR THE BUREAU OR JOINT BUREAU. THE 226
LEGISLATIVE AUTHORITY OF THE MUNICIPAL CORPORATION THAT 227
ESTABLISHES A BUREAU AND THE LEGISLATIVE AUTHORITIES OF ALL OF 228
THE MUNICIPAL CORPORATIONS THAT JOINTLY ESTABLISH A JOINT BUREAU, 229
BY AGREEMENT, MAY DELEGATE ITS OR THEIR DUTY TO APPOINT EITHER 230
HEARING EXAMINERS OR NECESSARY CLERICAL PERSONNEL, OR BOTH, TO 231
THE VIOLATIONS CLERK APPOINTED FOR THE BUREAU OR JOINT BUREAU, IN 232
WHICH CASE THE VIOLATIONS CLERK, UPON APPOINTMENT, SHALL MAKE 233
THOSE APPOINTMENTS IN ACCORDANCE WITH THE DELEGATION. NO PERSON 234
SHALL BE EMPLOYED AS A HEARING EXAMINER UNLESS THE PERSON IS AN 235
ATTORNEY ADMITTED TO THE PRACTICE OF LAW IN THIS STATE OR 236
FORMERLY WAS EMPLOYED AS A LAW ENFORCEMENT OFFICER. 237
THE FINE AND PENALTIES ESTABLISHED FOR A LAND USE 239
INFRACTION BY ANY MUNICIPAL CORPORATION SHALL BE COLLECTED, 240
RETAINED, AND DISBURSED BY THE VIOLATIONS CLERK IF THE LAND USE 241
INFRACTION OUT OF WHICH THE FINE OR PENALTIES AROSE OCCURRED 242
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WITHIN THE JURISDICTION OF THE BUREAU OR JOINT BUREAU. THE FINE 243
AND PENALTIES COLLECTED BY A VIOLATIONS CLERK FOR A LAND USE 244
INFRACTION SHALL BE DISBURSED BY THE CLERK TO THE MUNICIPAL 245
CORPORATION WHOSE CODE, ORDINANCE, RESOLUTION, OR REGULATION WAS 246
VIOLATED.
(B) IF A MUNICIPAL CORPORATION DOES NOT ENACT A CODE, 248
ORDINANCE, RESOLUTION, OR REGULATION OF THE TYPE DESCRIBED IN 249
DIVISION (A) OF SECTION 765.02 OF THE REVISED CODE IN RELATION TO 250
A CODE, ORDINANCE, RESOLUTION, OR REGULATION ENACTED BY THE 251
MUNICIPAL CORPORATION THAT IS DESCRIBED IN DIVISION (A) OF 252
SECTION 765.01 OF THE REVISED CODE, A VIOLATION OF THE PARTICULAR 253
REGULATORY CODE, ORDINANCE, RESOLUTION, OR REGULATION IS NOT A 255
LAND USE INFRACTION FOR PURPOSES OF THIS CHAPTER. 256
(C) A MUNICIPAL CORPORATION THAT ESTABLISHES A LAND USE 259
VIOLATIONS BUREAU OR THE MUNICIPAL CORPORATIONS OR THAT JOINTLY 260
ESTABLISH A JOINT LAND USE VIOLATIONS BUREAU MAY CONTRACT WITH 261
ANY GOVERNMENTAL OR NONGOVERNMENTAL ENTITY TO PROVIDE SERVICES IN 262
PROCESSING, COLLECTING, AND ENFORCING TICKETS ISSUED BY LAW 263
ENFORCEMENT OFFICERS AND CIVIL JUDGMENTS AND DEFAULT CIVIL 264
JUDGMENTS ENTERED UNDER THIS CHAPTER. 265
Sec. 765.06. (A) A PERSON WHO IS PERSONALLY OR 267
CONSTRUCTIVELY SERVED WITH A TICKET CHARGING THE COMMISSION OF A 269
LAND USE INFRACTION MAY ANSWER THE CHARGE BY PERSONAL APPEARANCE 270
BEFORE THE LAND USE VIOLATIONS BUREAU OR JOINT LAND USE 271
VIOLATIONS BUREAU, WHICHEVER IS APPLICABLE, OR BY MAIL. A 272
MUNICIPAL CORPORATION MAY, BY CODE, ORDINANCE, RESOLUTION, OR 273
REGULATION, ALSO AUTHORIZE THE ANSWER TO A CHARGE OF A LAND USE 274
INFRACTION THAT IS A VIOLATION OF ANY OF ITS CODES, ORDINANCES, 275
RESOLUTIONS, OR REGULATIONS TO BE MADE BY TELEPHONE, IN WHICH 276
CASE THE TICKET ADOPTED BY THE MUNICIPAL CORPORATION SHALL 277
INDICATE THAT FACT. AN ANSWER SHALL BE MADE WITHIN THE TIME 278
SPECIFIED BY THE MUNICIPAL CORPORATION AND INDICATED ON THE 279
TICKET, AND SHALL BE IN ONE OF THE FOLLOWING FORMS:
(1) AN ADMISSION THAT THE PERSON COMMITTED THE LAND USE 281
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INFRACTION, BY PAYMENT OF ANY FINE ARISING OUT OF THE INFRACTION; 283
(2) AN ADMISSION THAT THE PERSON COMMITTED THE LAND USE 285
INFRACTION, WITH AN EXPLANATION OF THE CIRCUMSTANCES SURROUNDING 286
THE LAND USE INFRACTION; 287
(3) A DENIAL THAT THE PERSON COMMITTED THE LAND USE 289
INFRACTION AND A REQUEST FOR A HEARING RELATIVE TO THE 290
INFRACTION. IF THE PERSON DESIRES THE PRESENCE, AT THE HEARING, 291
OF THE LAW ENFORCEMENT OFFICER WHO ISSUED THE TICKET, THE PERSON 293
MUST REQUEST THE OFFICER'S PRESENCE IN THE PERSON'S ANSWER. 294
(B)(1) A PERSON WHO ADMITS HAVING COMMITTED A LAND USE 296
INFRACTION SHALL, AND A PERSON WHO ADMITS HAVING COMMITTED A LAND 299
USE INFRACTION WITH EXPLANATION MAY, WHEN ANSWERING, PAY THE FINE 300
ARISING OUT OF THE INFRACTION ADMITTED TO THE VIOLATIONS CLERK OF 302
THE BUREAU TO WHICH THE ANSWER IS MADE. 303
(2) A PERSON WHO ADMITS HAVING COMMITTED A LAND USE 305
INFRACTION WITH EXPLANATION SHALL SUBMIT EVIDENCE TO THE BUREAU 306
TO WHICH THE ANSWER IS MADE THAT EXPLAINS THE CIRCUMSTANCES 308
SURROUNDING THE INFRACTION. THE EVIDENCE MAY BE SUBMITTED IN 309
PERSON OR, TO AVOID THE NECESSITY OF PERSONAL APPEARANCE, MAY BE 310
SENT AS AFFIDAVITS AND OTHER DOCUMENTARY EVIDENCE, BY MAIL. A 311
BUREAU THAT RECEIVES AN ANSWER ADMITTING THAT A PERSON COMMITTED 312
A LAND USE INFRACTION WITH EXPLANATION SHALL PROMPTLY DETERMINE 313
WHETHER THE EXPLANATION MITIGATES THE FACT THAT THE PERSON 314
COMMITTED THE INFRACTION AND NOTIFY THE PERSON, IN WRITING, OF 315
ITS DETERMINATION. 316
IF THE BUREAU DETERMINES THAT THE EXPLANATION MITIGATES THE 319
FACT THAT THE PERSON COMMITTED THE INFRACTION, THE BUREAU SHALL 320
ELIMINATE OR REDUCE THE AMOUNT OF THE FINE ARISING OUT OF THE 321
INFRACTION. IF THE FINE IS ELIMINATED OR REDUCED AND THE PERSON 322
HAS PREVIOUSLY PAID THE FINE, THE AMOUNT PAID IN EXCESS OF THE 323
REVISED FINE SHALL BE RETURNED TO THE PERSON; IF THE FINE IS 324
ELIMINATED OR REDUCED AND THE PERSON HAS NOT PREVIOUSLY PAID THE 325
FINE, THE PERSON SHALL PAY ONLY THE AMOUNT OF THE REVISED FINE. 326
IF THE BUREAU DETERMINES THAT THE EXPLANATION DOES NOT MITIGATE 328
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THE FACT THAT THE PERSON COMMITTED THE INFRACTION, THE PERSON 329
OWES THE ENTIRE AMOUNT OF THE FINE ARISING OUT OF THE INFRACTION, 330
AND IF THE PERSON HAS NOT PREVIOUSLY PAID THE FINE, THE PERSON 331
SHALL PAY THE ENTIRE AMOUNT OF THE FINE. IF A PERSON ADMITS 332
HAVING COMMITTED A LAND USE INFRACTION WITH EXPLANATION AND THE 334
PERSON FAILS TO PAY THE AMOUNT OF THE FINE DUE WITHIN TEN DAYS 335
AFTER RECEIVING NOTICE OF THE BUREAU'S DETERMINATION, UNLESS THE 336
AMOUNT DUE HAS PREVIOUSLY BEEN PAID, THE BUREAU'S DETERMINATION 338
AND THE AMOUNT OF THE FINE DUE SHALL BE CONSIDERED A JUDGMENT AND 339
SHALL BE TREATED AS IF IT WERE A JUDGMENT RENDERED SUBSEQUENT TO 340
A HEARING HELD UNDER DIVISION (B) OF SECTION 765.08 OF THE 341
REVISED CODE.
(3) A PERSON WHO DENIES HAVING COMMITTED A LAND USE 343
INFRACTION SHALL BE GRANTED A HEARING CONCERNING THE INFRACTION. 344
THE BUREAU SHALL SET A DATE FOR THE HEARING AND NOTIFY THE 346
PERSON, IN WRITING, OF THE DATE, TIME, AND PLACE OF THE HEARING. 347
THE HEARING SHALL BE CONDUCTED BY A HEARING EXAMINER OF THE LAND 348
USE VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS BUREAU IN 349
ACCORDANCE WITH SECTION 765.08 OF THE REVISED CODE. 350
(C) IF A PERSON WHO IS PERSONALLY OR CONSTRUCTIVELY SERVED 352
WITH A TICKET CHARGING THE COMMISSION OF A LAND USE INFRACTION 354
FAILS TO TIMELY ANSWER THE CHARGE, AS PROVIDED IN DIVISION (A) OF 355
THIS SECTION, THE LAND USE VIOLATIONS BUREAU OR JOINT LAND USE 356
VIOLATIONS BUREAU, WHICHEVER IS APPLICABLE, SHALL ISSUE THE
PROPER NOTIFICATIONS OF INFRACTION PURSUANT TO SECTION 765.07 OF 357
THE REVISED CODE, AND PROCEED ACCORDING TO THAT SECTION. FAILURE 359
TO TIMELY ANSWER A CHARGE MAY RESULT IN THE IMPOSITION OF THE 360
ADDITIONAL PENALTIES PRESCRIBED BY CODE, ORDINANCE, RESOLUTION, 361
OR REGULATION OF THE MUNICIPAL CORPORATION ENACTED UNDER SECTION 362
765.02 OF THE REVISED CODE OR BY THE COURT. 363
(D) THE ISSUANCE OF A PARKING TICKET, THE FILING OF OR 365
FAILURE TO FILE AN ANSWER BY A PERSON PERSONALLY OR 366
CONSTRUCTIVELY SERVED WITH THE TICKET, THE SUBSTANCE OF AN 367
ANSWER, THE PAYMENT OF ANY FINE, AND ANY OTHER RELEVANT 368
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INFORMATION SHALL BE ENTERED IN THE RECORDS OF THE PARTICULAR 369
BUREAU. 370
Sec. 765.07. (A) WHEN A PERSON IS PERSONALLY OR 372
CONSTRUCTIVELY SERVED WITH A TICKET CHARGING THE COMMISSION OF A 374
LAND USE INFRACTION IN ACCORDANCE WITH SECTION 765.03 OF THE 375
REVISED CODE AND THE PERSON FAILS TO ANSWER THE CHARGE WITHIN THE 377
TIME SPECIFIED BY THE MUNICIPAL CORPORATION UNDER SECTION 765.02 378
OF THE REVISED CODE, THE LAND USE VIOLATIONS BUREAU OR JOINT LAND 380
USE VIOLATIONS BUREAU THAT HAS JURISDICTION OVER THE INFRACTION 382
SHALL SEND A NOTIFICATION OF INFRACTION TO THAT PERSON.
(B) A NOTIFICATION OF INFRACTION SHALL BE SENT WITHIN 384
TWELVE MONTHS AFTER THE EXPIRATION OF THE TIME SPECIFIED BY THE 385
MUNICIPAL CORPORATION UNDER SECTION 765.02 OF THE REVISED CODE 387
FOR THE MAKING OF AN ANSWER, SHALL BE SENT BY FIRST CLASS MAIL, 388
AND SHALL CONTAIN ALL OF THE FOLLOWING: 389
(1) AN IDENTIFICATION OF THE LAND USE INFRACTION WITH 391
WHICH THE PERSON WAS CHARGED AND THE TIME AND DATE OF THE 392
INFRACTION, WHICH IDENTIFICATION MAY BE A COPY OF THE TICKET 394
CHARGING THE INFRACTION THAT WAS PERSONALLY OR CONSTRUCTIVELY 395
SERVED UPON THE PERSON;
(2) AN IDENTIFICATION OF THE AMOUNT OF THE FINE, 397
PENALTIES, AND COSTS ARISING OUT OF THE INFRACTION THAT ARE DUE; 399
(3) A WARNING THAT THE PERSON MUST ANSWER THE INFRACTION 402
CHARGED IN THE TICKET WITHIN THIRTY DAYS OR A DEFAULT CIVIL 403
JUDGMENT IN THE AMOUNT OF THE FINE, PENALTIES, AND COSTS DUE MAY 404
BE ENTERED AGAINST THE PERSON;
(4) A DESCRIPTION OF THE ALLOWABLE ANSWERS THAT MAY BE 406
MADE AND NOTIFICATION THAT THE PERSON WILL BE AFFORDED A HEARING 407
BEFORE THE BUREAU IF THE PERSON DENIES IN THE ANSWER THAT THE 409
PERSON COMMITTED THE INFRACTION; 410
(5) AN IDENTIFICATION OF THE MANNERS IN WHICH AND THE 412
ENTITY TO WHICH AN ANSWER MAY BE MADE; 413
(6) A WARNING THAT IF THE PERSON FAILS TO APPEAR AT A 415
REQUESTED HEARING, A DEFAULT CIVIL JUDGMENT IN THE AMOUNT OF THE 416
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FINE, PENALTIES, AND COSTS DUE MAY BE ENTERED AGAINST THE PERSON. 417
(C) A PERSON WHO RECEIVES A NOTIFICATION OF INFRACTION 419
UNDER THIS SECTION MAY ANSWER THE LAND USE INFRACTION WITH WHICH 421
THE PERSON IS CHARGED THAT IS IDENTIFIED IN THE NOTIFICATION OF 422
INFRACTION IN ANY OF THE MANNERS PROVIDED IN DIVISION (A) OF 423
SECTION 765.06 OF THE REVISED CODE FOR ANSWERS TO LAND USE 424
INFRACTIONS CHARGED IN A TICKET. AN ANSWER UNDER THIS SECTION 426
SHALL BE MADE WITHIN THIRTY DAYS AFTER THE DATE ON WHICH THE 427
NOTIFICATION OF INFRACTION WAS MAILED, AND SHALL BE IN ONE OF THE 428
FORMS SPECIFIED IN DIVISIONS (A)(1), (2), AND (3) OF SECTION
765.06 OF THE REVISED CODE FOR ANSWERS TO LAND USE INFRACTIONS 430
CHARGED IN A TICKET, EXCEPT THAT IF THE ANSWER INCLUDES PAYMENT 432
OF THE FINE ARISING OUT OF THE INFRACTION, ANY PENALTY ARISING 433
OUT OF THE INFRACTION ALSO SHALL BE PAID. THE ANSWER SHALL BE 434
GOVERNED BY DIVISION (B) OF SECTION 765.06 OF THE REVISED CODE 435
FOR ANSWERS RELATIVE TO LAND USE INFRACTIONS CHARGED IN A TICKET, 436
EXCEPT THAT ANY DETERMINATION OF THE AMOUNT TO BE PAID UNDER AN 437
ANSWER ADMITTING THE COMMISSION OF THE INFRACTION WITH 438
EXPLANATION ALSO SHALL CONSIDER ANY PENALTY ARISING OUT OF THE 439
INFRACTION.
(D) IF A PERSON WHO IS ISSUED A NOTIFICATION OF INFRACTION 441
FAILS TO TIMELY ANSWER, AS PROVIDED IN DIVISION (C) OF THIS 442
SECTION, THE FAILURE TO ANSWER SHALL BE CONSIDERED AN ADMISSION 443
THAT THE PERSON COMMITTED THE LAND USE INFRACTION, AND A DEFAULT 444
CIVIL JUDGMENT, IN THE AMOUNT OF THE FINE, PENALTIES, AND COSTS 445
DUE, MAY BE ENTERED AGAINST THE PERSON. FAILURE TO TIMELY ANSWER 446
THE INFRACTION IDENTIFIED IN THE NOTIFICATION OF INFRACTION MAY 448
RESULT IN THE IMPOSITION OF THE ADDITIONAL PENALTIES PRESCRIBED 449
BY CODE, ORDINANCE, RESOLUTION, OR REGULATION OF THE MUNICIPAL 450
CORPORATION ENACTED UNDER SECTION 765.02 OF THE REVISED CODE OR 451
BY THE COURT.
(E) THE SENDING OF A NOTIFICATION OF INFRACTION, THE 453
FILING OF OR FAILURE TO FILE AN ANSWER BY THE PERSON TO WHOM IT 454
IS SENT, THE SUBSTANCE OF AN ANSWER, THE PAYMENT OF ANY FINE, AND 455
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ANY OTHER RELEVANT INFORMATION SHALL BE ENTERED IN THE RECORDS OF 456
THE PARTICULAR BUREAU. 457
Sec. 765.08. (A) IF A PERSON WHO IS PERSONALLY OR 459
CONSTRUCTIVELY SERVED WITH A TICKET CHARGING THE COMMISSION OF A 461
LAND USE INFRACTION OR WHO RECEIVES A NOTIFICATION OF INFRACTION 462
DENIES, IN THE PERSON'S ANSWER TO THE CHARGE, HAVING COMMITTED
THE INFRACTION, THE LAND USE VIOLATIONS BUREAU OR JOINT LAND USE 465
VIOLATIONS BUREAU THAT HAS JURISDICTION SHALL CONDUCT A HEARING
TO DETERMINE IF THE PERSON COMMITTED THE INFRACTION. EACH 466
HEARING SHALL BE CONDUCTED BY A HEARING EXAMINER OF THE LAND USE 467
VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS BUREAU. EACH 468
HEARING SHALL BE CONDUCTED IN THE MANNER THE HEARING EXAMINER 470
CONSIDERS APPROPRIATE. RULES REGARDING THE ADMISSIBILITY OF 471
EVIDENCE SHALL NOT BE STRICTLY APPLIED IN THE HEARING, BUT ALL 472
TESTIMONY SHALL BE UNDER OATH. 473
AT THE HEARING, THE MUNICIPAL CORPORATION WHOSE CODE, 475
ORDINANCE, RESOLUTION, OR REGULATION ALLEGEDLY WAS VIOLATED AND 476
RESULTED IN THE CHARGE HAS THE BURDEN OF PROVING, BY A 477
PREPONDERANCE OF THE EVIDENCE, THAT THE PERSON FOR WHOM THE 478
HEARING IS BEING CONDUCTED COMMITTED THE LAND USE INFRACTION. IF 479
THE PERSON, IN THE PERSON'S ANSWER, DENIED HAVING COMMITTED THE 480
INFRACTION AND REQUESTED THE PRESENCE AT THE HEARING OF THE LAW 482
ENFORCEMENT OFFICER WHO ISSUED THE TICKET, THE OFFICER SHALL BE 483
REQUIRED TO ATTEND THE HEARING UNLESS THE HEARING EXAMINER 484
DETERMINES THAT THE OFFICER'S PRESENCE IS NOT REQUIRED. IF THE 485
OFFICER'S PRESENCE AT THE HEARING HAS BEEN REQUESTED AND THE 486
OFFICER IS UNABLE TO ATTEND THE HEARING ON THE DAY AND AT THE 487
TIME SCHEDULED, THE HEARING EXAMINER MAY GRANT A REASONABLE 488
CONTINUANCE. THE PERSON FOR WHOM THE HEARING IS BEING CONDUCTED 489
MAY PRESENT ANY RELEVANT EVIDENCE AND TESTIMONY AT THE HEARING. 490
THE PERSON DOES NOT HAVE TO ATTEND THE HEARING IF THE PERSON 491
SUBMITS DOCUMENTARY EVIDENCE TO THE HEARING EXAMINER PRIOR TO THE 493
DAY OF THE HEARING.
THE MUNICIPAL CORPORATION SHALL SUBMIT THE ORIGINAL TICKET 496
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THAT WAS PERSONALLY OR CONSTRUCTIVELY SERVED ON THE PERSON OR A 497
TRUE COPY OF THAT TICKET. THE TICKET IN PROPER FORM IS 498
PRIMA-FACIE EVIDENCE THAT THE PERSON TO WHOM THE TICKET WAS 499
SERVED WAS THE PERSON WHO COMMITTED THE LAND USE INFRACTION. THE 500
MUNICIPAL CORPORATION MAY PRESENT ADDITIONAL EVIDENCE AND 501
TESTIMONY AT THE HEARING. THE MUNICIPAL CORPORATION DOES NOT 502
HAVE TO BE REPRESENTED AT THE HEARING BY AN ATTORNEY. 503
(B)(1) IF A PERSON FOR WHOM A HEARING IS TO BE CONDUCTED 505
UNDER DIVISION (A) OF THIS SECTION APPEARS AT THE SCHEDULED 506
HEARING OR SUBMITS EVIDENCE IN ACCORDANCE WITH THAT DIVISION, THE 507
HEARING EXAMINER SHALL CONSIDER ALL EVIDENCE AND TESTIMONY 509
PRESENTED AND SHALL DETERMINE WHETHER THE MUNICIPAL CORPORATION 510
HAS ESTABLISHED, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE 511
PERSON COMMITTED THE LAND USE INFRACTION. IF THE HEARING
EXAMINER DETERMINES THAT THE PERSON COMMITTED THE INFRACTION, AN 513
ORDER INDICATING THE DETERMINATION AS A JUDGMENT AGAINST THE 514
PERSON AND REQUIRING THE PERSON TO PAY THE APPROPRIATE FINE AND 515
ANY ADDITIONAL PENALTIES SHALL BE ENTERED IN THE RECORDS OF THE 516
LAND USE VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS BUREAU, 517
WHICHEVER IS APPLICABLE.
(2) IF A PERSON FOR WHOM A HEARING IS TO BE CONDUCTED 519
UNDER DIVISION (A) OF THIS SECTION FAILS TO APPEAR AT THE 520
SCHEDULED HEARING AND FAILS TO SUBMIT EVIDENCE IN ACCORDANCE WITH 521
THAT DIVISION, THE HEARING EXAMINER, AFTER DETERMINING FROM ANY 522
EVIDENCE AND TESTIMONY PRESENTED AT THE HEARING, BY A 525
PREPONDERANCE OF THE EVIDENCE, THAT THE PERSON COMMITTED THE LAND 526
USE INFRACTION, SHALL ENTER A DEFAULT JUDGMENT AGAINST THE PERSON 527
AND REQUIRE THE PERSON TO PAY THE APPROPRIATE FINE AND ANY 528
ADDITIONAL PENALTIES. A DEFAULT JUDGMENT ENTERED UNDER THIS 529
DIVISION SHALL BE ENTERED IN THE RECORDS OF THE LAND USE 530
VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS BUREAU, WHICHEVER 531
IS APPLICABLE. 532
(3) IF A PERSON WHO IS SENT A NOTIFICATION OF INFRACTION 534
UNDER SECTION 765.07 OF THE REVISED CODE DOES NOT TIMELY ANSWER, 536
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AS PROVIDED IN DIVISION (C) OF THAT SECTION, THE HEARING EXAMINER 537
OF THE LAND USE VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS 538
BUREAU, WHICHEVER IS APPLICABLE, AFTER DETERMINING FROM ANY 539
EVIDENCE AND TESTIMONY PRESENTED BY THE MUNICIPAL CORPORATION, BY 541
A PREPONDERANCE OF THE EVIDENCE, THAT THE PERSON COMMITTED THE
LAND USE INFRACTION, SHALL ENTER A DEFAULT JUDGMENT AGAINST THE 542
PERSON AND REQUIRE THE PERSON TO PAY THE APPROPRIATE FINE AND ANY 543
ADDITIONAL PENALTIES. A DEFAULT JUDGMENT ENTERED UNDER THIS 544
DIVISION SHALL BE ENTERED IN THE RECORDS OF THE LAND USE 545
VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS BUREAU, WHICHEVER 546
IS APPLICABLE. 547
(4) IF THE HEARING EXAMINER DOES NOT DETERMINE, BY A 550
PREPONDERANCE OF THE EVIDENCE, THAT A PERSON IN ANY OF THE
CLASSES DESCRIBED IN DIVISION (B)(1), (2), OR (3) OF THIS SECTION 551
COMMITTED THE LAND USE INFRACTION, THE HEARING EXAMINER SHALL 553
ENTER JUDGMENT AGAINST THE MUNICIPAL CORPORATION WHOSE CODE,
ORDINANCE, RESOLUTION, OR REGULATION ALLEGEDLY WAS VIOLATED, 554
SHALL DISMISS THE CHARGE OF THE INFRACTION AGAINST THE PERSON, 555
AND SHALL ENTER THE JUDGMENT AND DISMISSAL IN THE RECORDS OF THE 556
LAND USE VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS BUREAU, 557
WHICHEVER IS APPLICABLE. 559
(5) A DEFAULT JUDGMENT ENTERED UNDER THIS SECTION MAY BE 561
VACATED BY THE HEARING EXAMINER WHO ENTERED IT IF ALL OF THE 563
FOLLOWING APPLY:
(a) THE PERSON AGAINST WHOM THE DEFAULT JUDGMENT WAS 565
ENTERED FILES A MOTION WITH THE PROPER LAND USE VIOLATIONS BUREAU 566
OR JOINT LAND USE VIOLATIONS BUREAU WITHIN ONE YEAR AFTER THE 567
DATE OF ENTRY OF THE JUDGMENT. 568
(b) THE MOTION SETS FORTH A SUFFICIENT DEFENSE TO THE LAND 571
USE INFRACTION OUT OF WHICH THE JUDGMENT AROSE.
(c) THE MOTION SETS FORTH EXCUSABLE NEGLECT AS TO THE 573
PERSON'S FAILURE TO ATTEND THE HEARING OR ANSWER THE NOTIFICATION 574
OF INFRACTION. 575
(C) PAYMENT OF ANY JUDGMENT OR DEFAULT JUDGMENT ENTERED 577
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AGAINST A PERSON UNDER THIS SECTION SHALL BE MADE TO THE 578
VIOLATIONS CLERK OF THE LAND USE VIOLATIONS BUREAU OR JOINT LAND 579
USE VIOLATIONS BUREAU IN WHICH THE JUDGMENT WAS ENTERED, WITHIN 580
TEN DAYS AFTER THE DATE OF ENTRY. ALL MONEY PAID IN SATISFACTION 581
OF A JUDGMENT OR DEFAULT JUDGMENT SHALL BE DISBURSED BY THE CLERK 582
TO THE MUNICIPAL CORPORATION WHOSE CODE, ORDINANCE, RESOLUTION, 583
OR REGULATION WAS VIOLATED, AND THE CLERK SHALL ENTER THE FACT OF 584
PAYMENT OF THE MONEY AND ITS DISBURSEMENT IN THE RECORDS OF THE 585
BUREAU. IF PAYMENT IS NOT MADE WITHIN THIS TIME PERIOD, THE 587
JUDGMENT OR DEFAULT JUDGMENT MAY BE FILED WITH THE CLERK OF THE 588
MUNICIPAL COURT OR COUNTY COURT WITHIN WHOSE TERRITORIAL
JURISDICTION THE CODE, ORDINANCE, RESOLUTION, OR REGULATION WAS 589
VIOLATED, AND WHEN SO FILED, HAS THE SAME FORCE AND EFFECT AS A 591
MONEY JUDGMENT IN A CIVIL ACTION RENDERED IN THAT COURT.
JUDGMENTS AND DEFAULT JUDGMENTS FILED WITH A COURT UNDER 594
THIS DIVISION SHALL BE MAINTAINED IN AN INDEX AND JUDGMENT ROLL 595
SEPARATE FROM OTHER JUDGMENTS RENDERED IN THE COURT. COMPUTER 596
PRINTOUTS, MICROFILM, MICRODOT, MICROFICHE, OR OTHER SIMILAR DATA 597
RECORDING TECHNIQUES MAY BE UTILIZED TO RECORD SUCH JUDGMENTS. 598
WHEN A JUDGMENT OR DEFAULT JUDGMENT IS FILED WITH A COURT, 599
EXECUTION MAY BE LEVIED, AND SUCH OTHER MEASURES MAY BE TAKEN FOR 600
ITS COLLECTION AS ARE AUTHORIZED FOR THE COLLECTION OF AN UNPAID 601
MONEY JUDGMENT IN A CIVIL ACTION RENDERED IN THAT COURT. THE 602
MUNICIPAL OR COUNTY COURT MAY ASSESS COSTS AGAINST THE JUDGMENT 603
DEBTOR, IN AN AMOUNT NOT EXCEEDING TEN DOLLARS FOR EACH LAND USE 604
INFRACTION, TO BE PAID UPON SATISFACTION OF THE JUDGMENT. 605
(D) ANY PERSON AGAINST WHOM A JUDGMENT OR DEFAULT JUDGMENT 607
IS ENTERED PURSUANT TO THIS SECTION AND ANY MUNICIPAL CORPORATION 608
AGAINST WHICH A JUDGMENT IS ENTERED UNDER THIS SECTION MAY APPEAL 610
THE JUDGMENT OR DEFAULT JUDGMENT TO THE MUNICIPAL COURT OR COUNTY 611
COURT WITHIN WHOSE TERRITORIAL JURISDICTION THE CODE, ORDINANCE,
RESOLUTION, OR REGULATION WAS VIOLATED BY FILING NOTICES OF 613
APPEAL WITH THE LAND USE VIOLATIONS BUREAU OR JOINT LAND USE 614
VIOLATIONS BUREAU IN WHICH THE JUDGMENT WAS ENTERED, AND WITH THE 616
16
MUNICIPAL OR COUNTY COURT WITHIN FIFTEEN DAYS AFTER THE DATE OF 617
ENTRY OF THE JUDGMENT AND BY THE PAYMENT OF SUCH REASONABLE COSTS 618
AS THE COURT REQUIRES. UPON THE FILING OF AN APPEAL, THE COURT 619
SHALL SCHEDULE A HEARING DATE AND NOTIFY THE PARTIES OF THE DATE, 621
TIME, AND PLACE OF THE HEARING. THE HEARING SHALL BE HELD BY THE 622
COURT IN ACCORDANCE WITH THE RULES OF THE COURT. SERVICE OF A 623
NOTICE OF APPEAL UNDER THIS DIVISION BY A PERSON DOES NOT STAY 624
ENFORCEMENT AND COLLECTION OF THE JUDGMENT OR DEFAULT JUDGMENT 625
FROM WHICH APPEAL IS TAKEN BY THE PERSON UNLESS THE PERSON WHO 626
FILES THE APPEAL POSTS BOND WITH THE LAND USE VIOLATIONS BUREAU 627
OR JOINT LAND USE VIOLATIONS BUREAU IN THE AMOUNT OF THE 629
JUDGMENT, PLUS COURT COSTS, AT OR BEFORE SERVICE OF THE NOTICE OF 630
APPEAL.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE JUDGMENT ON 632
APPEAL OF THE MUNICIPAL OR COUNTY COURT IS FINAL, AND NO OTHER 634
APPEAL OF THE JUDGMENT OF THE LAND USE VIOLATIONS BUREAU OR JOINT 635
LAND USE VIOLATIONS BUREAU, WHICHEVER IS APPLICABLE, AND NO 636
APPEAL OF THE JUDGMENT OF THE MUNICIPAL OR COUNTY COURT MAY BE 637
TAKEN.
(E) A JUDGMENT OR DEFAULT JUDGMENT ENTERED UNDER THIS 640
SECTION MAY BE FILED WITH A MUNICIPAL COURT OR COUNTY COURT UNDER 641
DIVISION (C) OF THIS SECTION AT ANY TIME WITHIN THREE YEARS AFTER 642
THE DATE OF ISSUANCE OF THE TICKET CHARGING THE LAND USE 643
INFRACTION OUT OF WHICH THE JUDGMENT AROSE. THIS DIVISION 644
APPLIES TO ANY TICKET ISSUED FOR AN OFFENSE THAT WOULD BE A LAND 645
USE INFRACTION ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, IF 646
THE TICKET WAS ISSUED WITHIN THREE YEARS PRIOR TO THE EFFECTIVE 647
DATE OF THIS SECTION AND A WARRANT HAS NOT BEEN ISSUED AND SERVED 648
ON THE PERSON INVOLVED IN THE OFFENSE. 649
Section 2. Chapter 765. of the Revised Code shall be known 651
as "Noncriminal Land Use Infractions." 652