As Reported by the Senate State and Local Government 1
and Veterans Affairs Committee 2
122nd General Assembly 5
Regular Session Sub. S. B. No. 83 6
1997-1998 7
SENATOR B. JOHNSON 9
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A B I L L
To enact sections 765.01 to 765.08 of the Revised 13
Code to authorize municipal corporations to 14
establish noncriminal land use infractions, to
provide civil enforcement procedures for any such 15
land use infractions established, and to
authorize the establishment of land use 16
violations bureaus to deal with such infractions. 17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 765.01, 765.02, 765.03, 765.04, 20
765.05, 765.06, 765.07, and 765.08 of the Revised Code be enacted 21
to read as follows:
Sec. 765.01. AS USED IN THIS CHAPTER: 23
(A) "LAND USE INFRACTION" MEANS A VIOLATION OF ANY 25
BUILDING, HOUSING, AIR POLLUTION, SANITATION, HEALTH, FIRE, 26
ZONING, OR SAFETY CODE, ORDINANCE, RESOLUTION, OR REGULATION THAT 27
IS APPLICABLE TO PREMISES USED OR INTENDED FOR USE AS A PLACE OF 28
HUMAN HABITATION, BUILDINGS, STRUCTURES, OR ANY OTHER REAL 29
PROPERTY SUBJECT TO SUCH A CODE, ORDINANCE, RESOLUTION, OR
REGULATION AND THAT IS ENACTED BY A MUNICIPAL CORPORATION, OR A 30
VIOLATION OF ANY CODE, ORDINANCE, RESOLUTION, OR REGULATION 31
ENACTED BY A MUNICIPAL CORPORATION AS AUTHORIZED BY THIS CHAPTER, 32
IF THE MUNICIPAL CORPORATION IN EITHER OF THESE CASES ALSO HAS 33
ENACTED A CODE, ORDINANCE, RESOLUTION, OR REGULATION OF THE TYPE 34
DESCRIBED IN DIVISION (A) OF SECTION 765.02 OF THE REVISED CODE 35
IN RELATION TO THE PARTICULAR REGULATORY CODE, ORDINANCE, 37
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RESOLUTION, OR REGULATION. 38
(B) "COURT" MEANS A MUNICIPAL COURT, COUNTY COURT, OR 41
MAYOR'S COURT, UNLESS SPECIFICALLY IDENTIFIED AS ONE OF THESE 42
COURTS, IN WHICH CASE IT MEANS THE SPECIFICALLY IDENTIFIED COURT. 43
(C) "LAW ENFORCEMENT OFFICER" MEANS A LAW ENFORCEMENT 45
OFFICER AS DEFINED IN SECTION 2901.01 OF THE REVISED CODE, CODE 46
ENFORCEMENT OFFICER, BUILDING INSPECTOR, OR OTHER OFFICER 47
AUTHORIZED TO ENFORCE ANY CODE, ORDINANCE, RESOLUTION, OR
REGULATION DESCRIBED IN DIVISION (A) OF THIS SECTION. 48
Sec. 765.02. (A) A MUNICIPAL CORPORATION THAT ENACTS ANY 50
CODE, ORDINANCE, RESOLUTION, OR REGULATION DESCRIBED IN DIVISION 51
(A) OF SECTION 765.01 OF THE REVISED CODE ALSO MAY SPECIFY BY 52
CODE, ORDINANCE, RESOLUTION, OR REGULATION THAT A VIOLATION OF 53
THE REGULATORY CODE, ORDINANCE, RESOLUTION, OR REGULATION SHALL 54
NOT BE CONSIDERED A CRIMINAL OFFENSE FOR ANY PURPOSE, THAT A 55
PERSON WHO COMMITS THE VIOLATION SHALL NOT BE ARRESTED AS A 56
RESULT OF THE COMMISSION OF THE VIOLATION, AND THAT THE VIOLATION 57
SHALL BE HANDLED PURSUANT TO THIS CHAPTER. IF SUCH A 58
SPECIFICATION IS MADE, THE MUNICIPAL CORPORATION ALSO SHALL ADOPT 59
BY CODE, ORDINANCE, RESOLUTION, OR REGULATION A FINE FOR A 61
VIOLATION OF THE REGULATORY CODE, ORDINANCE, RESOLUTION, OR 62
REGULATION AND PRESCRIBE AN ADDITIONAL PENALTY OR PENALTIES FOR 63
FAILURE TO ANSWER ANY CHARGES OF THE VIOLATION IN A TIMELY 64
MANNER. IN NO CASE SHALL ANY FINE ADOPTED OR ADDITIONAL PENALTY 66
PRESCRIBED PURSUANT TO THIS DIVISION EXCEED ONE HUNDRED DOLLARS, 67
PLUS COSTS AND OTHER ADMINISTRATIVE CHARGES, PER VIOLATION. 68
(B) A MUNICIPAL CORPORATION THAT ENACTS ANY CODE, 70
ORDINANCE, RESOLUTION, OR REGULATION UNDER DIVISION (A) OF THIS 71
SECTION ALSO SHALL ENACT A CODE, ORDINANCE, RESOLUTION, OR 72
REGULATION THAT SPECIFIES THE TIME WITHIN WHICH A PERSON WHO IS 73
ISSUED A TICKET MUST ANSWER IN RELATION TO THE LAND USE 74
INFRACTION CHARGED IN THE TICKET. 75
Sec. 765.03. (A) EACH MUNICIPAL CORPORATION THAT ENACTS 77
ANY CODE, ORDINANCE, RESOLUTION, OR REGULATION UNDER DIVISION (A) 78
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OF SECTION 765.02 OF THE REVISED CODE SHALL ADOPT A TICKET TO BE 80
USED BY ITS LAW ENFORCEMENT OFFICERS. THIS TICKET SHALL BE THE
SUMMONS AND COMPLAINT FOR PURPOSES OF THIS CHAPTER. 82
(B) THE TICKET ADOPTED BY A MUNICIPAL CORPORATION UNDER 85
DIVISION (A) OF THIS SECTION SHALL BE USED BY ITS LAW ENFORCEMENT 86
OFFICERS IN ALL CASES IN WHICH A PERSON IS CHARGED WITH 87
COMMITTING A LAND USE INFRACTION IN ITS JURISDICTION. EACH
TICKET SHALL CONTAIN PROVISIONS THAT ADVISE THE PERSON UPON WHOM 89
IT IS SERVED THAT THE PERSON MUST ANSWER IN RELATION TO THE LAND 90
USE INFRACTION CHARGED IN THE TICKET AND THAT CERTAIN PENALTIES 91
MAY RESULT FROM A FAILURE TO TIMELY ANSWER, INDICATE THE 92
ALLOWABLE ANSWERS THAT MAY BE MADE AND THAT THE PERSON WILL BE 93
AFFORDED A HEARING IF THE PERSON DENIES IN THE ANSWER THAT THE 94
PERSON COMMITTED THE LAND USE INFRACTION, SPECIFY THE ENTITY TO 96
WHICH, THE TIME WITHIN WHICH, AND THE ALLOWABLE MANNERS IN WHICH 97
THE ANSWER MUST BE MADE, INDICATE THE PENALTIES THAT MAY RESULT 98
FROM FAILURE TO TIMELY ANSWER AND THE FINE THAT ARISES FROM THE 99
LAND USE INFRACTION, WARN THAT FAILURE TO TIMELY ANSWER OR TO 100
APPEAR AT A REQUESTED HEARING WILL BE CONSIDERED AN ADMISSION OF 101
THE LAND USE INFRACTION, AND WARN THAT A DEFAULT CIVIL JUDGMENT 102
POTENTIALLY MAY BE ENTERED AGAINST THE PERSON.
(C)(1)(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION 105
(C)(1)(b) OF THIS SECTION, BEFORE A LAW ENFORCEMENT OFFICER 106
ISSUES A TICKET FOR A LAND USE INFRACTION UNDER THIS SECTION, THE 107
MUNICIPAL CORPORATION SHALL GIVE NOTICE OF THE POSSIBLE ISSUANCE 108
OF THE TICKET, BY CERTIFIED MAIL OR PERSONAL SERVICE, AND SHALL 109
PROVIDE A REASONABLE PERIOD OF TIME, AS DETERMINED BY THE 110
MUNICIPAL CORPORATION, FOR THE PERSON TO CORRECT THE INFRACTION. 111
IF THE PERSON FAILS TO CORRECT THE INFRACTION WITHIN THE 112
REASONABLE PERIOD OF TIME PROVIDED BY THE MUNICIPAL CORPORATION, 113
THE PERSON SHALL BE ISSUED A TICKET CHARGING A LAND USE
INFRACTION. 114
(b) IF A LAW ENFORCEMENT OFFICER OBSERVES THE SAME LAND 116
USE INFRACTION OCCURRING AGAIN WITHIN NINETY DAYS AFTER THE 117
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PERSON CORRECTED THE PREVIOUS INFRACTION, THE LAW ENFORCEMENT 118
OFFICER SHALL ISSUE A TICKET IMMEDIATELY FOR A LAND USE 119
INFRACTION AS PROVIDED UNDER THIS SECTION AND THE NOTIFICATION 120
PROVISIONS OF DIVISION (C)(1)(a) OF THIS SECTION DO NOT APPLY. 121
(2) A LAW ENFORCEMENT OFFICER WHO ISSUES A TICKET FOR A 124
LAND USE INFRACTION SHALL COMPLETE THE TICKET BY IDENTIFYING THE 125
LAND USE INFRACTION CHARGED AND INDICATING THE DATE, TIME, AND 126
PLACE OF THE INFRACTION. THE OFFICER SHALL SIGN THE TICKET AND 127
AFFIRM THE FACTS IT CONTAINS. IF THE OFFENDER IS PRESENT, THE 128
OFFICER ALSO SHALL RECORD ON THE TICKET THE NAME OF THE OFFENDER 129
IN A SPACE PROVIDED ON THE TICKET FOR IDENTIFICATION OF THE 130
OFFENDER, AND THEN SHALL PERSONALLY SERVE THE TICKET UPON THE 131
OFFENDER. IF THE OFFENDER IS NOT PRESENT, THE OFFICER SHALL 132
INSERT THE WORD "OFFENDER" IN THE SPACE PROVIDED ON THE TICKET 133
FOR IDENTIFICATION OF THE OFFENDER, AND THEN SHALL CONSTRUCTIVELY 134
SERVE THE TICKET UPON THE OFFENDER BY AFFIXING THE TICKET TO THE 135
AFFECTED REAL PROPERTY IN A CONSPICUOUS PLACE. 136
CONSTRUCTIVE SERVICE OF A TICKET BY AFFIXATION AS PROVIDED 139
IN THIS DIVISION HAS THE SAME FORCE AND EFFECT, AND POTENTIALLY 141
SUBJECTS THE OFFENDER WHOSE ACT OR OMISSION RESULTED IN THE LAND 143
USE INFRACTION TO THE SAME FINE AND THE SAME PENALTIES FOR 144
FAILURE TO TIMELY ANSWER OR TO APPEAR, IF A HEARING IS REQUESTED, 145
AS IF THE TICKET WERE PERSONALLY SERVED ON THE OFFENDER AT THE 146
TIME OF THE VIOLATION. 147
(D) THE ORIGINAL OF A TICKET ISSUED UNDER THIS SECTION OR 150
ANY TRUE COPY OF IT SHALL BE CONSIDERED A RECORD KEPT IN THE 151
ORDINARY COURSE OF BUSINESS OF THE MUNICIPAL CORPORATION AND OF 152
THE LAW ENFORCEMENT AGENCY WHOSE OFFICER ISSUED IT, AND SHALL BE 153
PRIMA-FACIE EVIDENCE OF THE FACTS IT CONTAINS.
(E) WHEN A TICKET IS ISSUED FOR A LAND USE INFRACTION AND 156
IS SERVED UNDER THIS SECTION, THE OFFENDER WHOSE ACT OR OMISSION 157
RESULTED IN THE INFRACTION FOR WHICH THE TICKET WAS ISSUED IS 159
LIABLE FOR THE INFRACTION AND FOR ANY FINE OR PENALTY ARISING OUT 160
OF THE INFRACTION UNDER A CODE, ORDINANCE, RESOLUTION, OR
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REGULATION ENACTED BY THE MUNICIPAL CORPORATION UNDER DIVISION 162
(A) OF SECTION 765.02 OF THE REVISED CODE.
(F) NO PERSON UPON WHOM A TICKET CHARGING A LAND USE 165
INFRACTION IS PERSONALLY OR CONSTRUCTIVELY SERVED UNDER THIS 166
SECTION SHALL BE ARRESTED AS A RESULT OF THE COMMISSION OF THE 167
LAND USE INFRACTION.
Sec. 765.04. (A)(1) THE LEGISLATIVE AUTHORITY OF A 169
MUNICIPAL CORPORATION, BY ORDINANCE OR RESOLUTION, MAY REQUEST 171
THE MUNICIPAL COURT OR COUNTY COURT HAVING TERRITORIAL 172
JURISDICTION OVER THE MUNICIPAL CORPORATION TO AUTHORIZE THE 173
MUNICIPAL CORPORATION TO ESTABLISH A LAND USE VIOLATIONS BUREAU 174
TO HANDLE ALL LAND USE INFRACTIONS OCCURRING WITHIN THE TERRITORY 175
OF THE MUNICIPAL CORPORATION, INCLUDING LAND USE INFRACTIONS THAT 177
ARE VIOLATIONS OF CODES, ORDINANCES, RESOLUTIONS, OR REGULATIONS 178
OF OTHER MUNICIPAL CORPORATIONS AND THAT OCCUR WITHIN THE 179
TERRITORY OF THE REQUESTING MUNICIPAL CORPORATION.
(2) THE LEGISLATIVE AUTHORITIES OF TWO OR MORE MUNICIPAL 181
CORPORATIONS THAT ARE WITHIN THE TERRITORIAL JURISDICTION OF THE 183
SAME MUNICIPAL COURT OR COUNTY COURT MAY JOIN TOGETHER AND, BY 184
ORDINANCE OR RESOLUTION, REQUEST THE MUNICIPAL COURT OR COUNTY 185
COURT TO AUTHORIZE THE MUNICIPAL CORPORATIONS TO JOINTLY 186
ESTABLISH A JOINT LAND USE VIOLATIONS BUREAU TO HANDLE ALL LAND 187
USE INFRACTIONS OCCURRING WITHIN THE TERRITORIES OF THE MUNICIPAL 188
CORPORATIONS THAT HAVE JOINED TOGETHER IN MAKING THE REQUEST, 190
INCLUDING LAND USE INFRACTIONS THAT ARE VIOLATIONS OF CODES, 191
ORDINANCES, RESOLUTIONS, OR REGULATIONS OF OTHER MUNICIPAL 192
CORPORATIONS AND THAT OCCUR WITHIN THE TERRITORIES OF THE
MUNICIPAL CORPORATIONS MAKING THE REQUEST. 193
(B) A REQUEST MADE UNDER DIVISION (A) OF THIS SECTION 196
SHALL BE FILED WITH THE CLERK OF THE MUNICIPAL COURT OR COUNTY 197
COURT. UPON THE FILING OF SUCH A REQUEST, THE COURT, BY JOURNAL
ENTRY, SHALL AUTHORIZE THE MUNICIPAL CORPORATION THAT MADE THE 199
REQUEST, OR THE MUNICIPAL CORPORATIONS THAT JOINED TOGETHER IN 201
MAKING THE REQUEST, TO ESTABLISH A LAND USE VIOLATIONS BUREAU OR 202
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TO JOINTLY ESTABLISH A JOINT LAND USE VIOLATIONS BUREAU. UPON 203
THE GRANT OF SUCH AUTHORITY BY A COURT, THE MUNICIPAL 204
CORPORATION, OR THE MUNICIPAL CORPORATIONS THAT JOINED TOGETHER, 205
MAY ESTABLISH THE LAND USE VIOLATIONS BUREAU OR JOINTLY ESTABLISH 206
THE JOINT LAND USE VIOLATIONS BUREAU. 207
Sec. 765.05. (A) IF A LAND USE VIOLATIONS BUREAU OR A 209
JOINT LAND USE VIOLATIONS BUREAU IS ESTABLISHED UNDER SECTION 211
765.04 OF THE REVISED CODE, NOTWITHSTANDING ANY OTHER PROVISION 213
OF LAW TO THE CONTRARY, THE BUREAU OR JOINT BUREAU HAS
JURISDICTION OVER EACH LAND USE INFRACTION THAT IS A VIOLATION OF 214
A CODE, ORDINANCE, RESOLUTION, OR REGULATION OF ANY MUNICIPAL 215
CORPORATION AND THAT OCCURS WITHIN THE TERRITORY OF THE MUNICIPAL 216
CORPORATION THAT ESTABLISHED THE BUREAU OR THE TERRITORY OF ANY 218
OF THE MUNICIPAL CORPORATIONS THAT JOINED TOGETHER TO JOINTLY 220
ESTABLISH THE JOINT BUREAU, REGARDLESS OF WHETHER THE MUNICIPAL 221
CORPORATION WAS THE MUNICIPAL CORPORATION THAT ESTABLISHED THE 222
BUREAU OR WAS ONE OF THE MUNICIPAL CORPORATIONS THAT JOINED 223
TOGETHER TO JOINTLY ESTABLISH THE JOINT BUREAU. NOTWITHSTANDING 224
ANY OTHER PROVISION OF LAW TO THE CONTRARY, EACH LAND USE 225
INFRACTION THAT IS A VIOLATION OF A CODE, ORDINANCE, RESOLUTION, 226
OR REGULATION OF ANY MUNICIPAL CORPORATION AND THAT OCCURS WITHIN 227
THE JURISDICTION OF THE BUREAU OR THE JOINT BUREAU, AND THE 228
ENFORCEMENT OF EACH SUCH LAND USE INFRACTION, SHALL BE HANDLED 229
PURSUANT TO AND BE GOVERNED BY THIS CHAPTER. 230
THE OPERATING COSTS OF A LAND USE VIOLATIONS BUREAU SHALL 232
BE PAID BY THE MUNICIPAL CORPORATION THAT ESTABLISHES IT. THE 234
OPERATING COSTS OF A JOINT LAND USE VIOLATIONS BUREAU SHALL BE 235
PAID BY ALL OF THE MUNICIPAL CORPORATIONS THAT JOINTLY ESTABLISH 236
IT, IN THE PROPORTIONS AGREED UPON BY THE LEGISLATIVE AUTHORITIES 237
OF THE MUNICIPAL CORPORATIONS. THE LEGISLATIVE AUTHORITY OF THE 238
MUNICIPAL CORPORATION THAT ESTABLISHES A LAND USE VIOLATIONS 239
BUREAU AND THE LEGISLATIVE AUTHORITIES OF ALL OF THE MUNICIPAL 240
CORPORATIONS THAT JOINTLY ESTABLISH A JOINT LAND USE VIOLATIONS 242
BUREAU, BY AGREEMENT, SHALL APPOINT A VIOLATIONS CLERK FOR THE 243
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BUREAU OR JOINT BUREAU, AND, SUBJECT TO THE EXCEPTION PROVIDED IN 244
THIS DIVISION, SHALL APPOINT HEARING EXAMINERS AND NECESSARY 245
CLERICAL EMPLOYEES FOR THE BUREAU OR JOINT BUREAU. THE 246
LEGISLATIVE AUTHORITY OF THE MUNICIPAL CORPORATION THAT 247
ESTABLISHES A BUREAU AND THE LEGISLATIVE AUTHORITIES OF ALL OF 248
THE MUNICIPAL CORPORATIONS THAT JOINTLY ESTABLISH A JOINT BUREAU, 249
BY AGREEMENT, MAY DELEGATE ITS OR THEIR DUTY TO APPOINT EITHER 250
HEARING EXAMINERS OR NECESSARY CLERICAL PERSONNEL, OR BOTH, TO 251
THE VIOLATIONS CLERK APPOINTED FOR THE BUREAU OR JOINT BUREAU, IN 252
WHICH CASE THE VIOLATIONS CLERK, UPON APPOINTMENT, SHALL MAKE 253
THOSE APPOINTMENTS IN ACCORDANCE WITH THE DELEGATION. NO PERSON 254
SHALL BE EMPLOYED AS A HEARING EXAMINER UNLESS THE PERSON IS AN 255
ATTORNEY ADMITTED TO THE PRACTICE OF LAW IN THIS STATE OR 256
FORMERLY WAS EMPLOYED AS A LAW ENFORCEMENT OFFICER. 257
THE FINE AND PENALTIES ESTABLISHED FOR A LAND USE 259
INFRACTION BY ANY MUNICIPAL CORPORATION SHALL BE COLLECTED, 260
RETAINED, AND DISBURSED BY THE VIOLATIONS CLERK IF THE LAND USE 261
INFRACTION OUT OF WHICH THE FINE OR PENALTIES AROSE OCCURRED 262
WITHIN THE JURISDICTION OF THE BUREAU OR JOINT BUREAU. THE FINE 263
AND PENALTIES COLLECTED BY A VIOLATIONS CLERK FOR A LAND USE 264
INFRACTION SHALL BE DISBURSED BY THE CLERK TO THE MUNICIPAL 265
CORPORATION WHOSE CODE, ORDINANCE, RESOLUTION, OR REGULATION WAS 266
VIOLATED.
(B) IF A MUNICIPAL CORPORATION DOES NOT ENACT A CODE, 268
ORDINANCE, RESOLUTION, OR REGULATION OF THE TYPE DESCRIBED IN 269
DIVISION (A) OF SECTION 765.02 OF THE REVISED CODE IN RELATION TO 270
A CODE, ORDINANCE, RESOLUTION, OR REGULATION ENACTED BY THE 271
MUNICIPAL CORPORATION THAT IS DESCRIBED IN DIVISION (A) OF 272
SECTION 765.01 OF THE REVISED CODE, A VIOLATION OF THE PARTICULAR 273
REGULATORY CODE, ORDINANCE, RESOLUTION, OR REGULATION IS NOT A 275
LAND USE INFRACTION FOR PURPOSES OF THIS CHAPTER. 276
(C) A MUNICIPAL CORPORATION THAT ESTABLISHES A LAND USE 279
VIOLATIONS BUREAU OR THE MUNICIPAL CORPORATIONS OR THAT JOINTLY 280
ESTABLISH A JOINT LAND USE VIOLATIONS BUREAU MAY CONTRACT WITH 281
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ANY GOVERNMENTAL OR NONGOVERNMENTAL ENTITY TO PROVIDE SERVICES IN 282
PROCESSING, COLLECTING, AND ENFORCING TICKETS ISSUED BY LAW 283
ENFORCEMENT OFFICERS AND CIVIL JUDGMENTS AND DEFAULT CIVIL 284
JUDGMENTS ENTERED UNDER THIS CHAPTER. 285
Sec. 765.06. (A) A PERSON WHO IS PERSONALLY OR 287
CONSTRUCTIVELY SERVED WITH A TICKET CHARGING THE COMMISSION OF A 289
LAND USE INFRACTION MAY ANSWER THE CHARGE BY PERSONAL APPEARANCE 290
BEFORE THE LAND USE VIOLATIONS BUREAU OR JOINT LAND USE 291
VIOLATIONS BUREAU, WHICHEVER IS APPLICABLE, OR BY MAIL. A 292
MUNICIPAL CORPORATION MAY, BY CODE, ORDINANCE, RESOLUTION, OR 293
REGULATION, ALSO AUTHORIZE THE ANSWER TO A CHARGE OF A LAND USE 294
INFRACTION THAT IS A VIOLATION OF ANY OF ITS CODES, ORDINANCES, 295
RESOLUTIONS, OR REGULATIONS TO BE MADE BY TELEPHONE, IN WHICH 296
CASE THE TICKET ADOPTED BY THE MUNICIPAL CORPORATION SHALL 297
INDICATE THAT FACT. AN ANSWER SHALL BE MADE WITHIN THE TIME 298
SPECIFIED BY THE MUNICIPAL CORPORATION AND INDICATED ON THE 299
TICKET, AND SHALL BE IN ONE OF THE FOLLOWING FORMS:
(1) AN ADMISSION THAT THE PERSON COMMITTED THE LAND USE 301
INFRACTION, BY PAYMENT OF ANY FINE ARISING OUT OF THE INFRACTION; 303
(2) AN ADMISSION THAT THE PERSON COMMITTED THE LAND USE 305
INFRACTION, WITH AN EXPLANATION OF THE CIRCUMSTANCES SURROUNDING 306
THE LAND USE INFRACTION; 307
(3) A DENIAL THAT THE PERSON COMMITTED THE LAND USE 309
INFRACTION AND A REQUEST FOR A HEARING RELATIVE TO THE 310
INFRACTION. IF THE PERSON DESIRES THE PRESENCE, AT THE HEARING, 311
OF THE LAW ENFORCEMENT OFFICER WHO ISSUED THE TICKET, THE PERSON 313
MUST REQUEST THE OFFICER'S PRESENCE IN THE PERSON'S ANSWER. 314
(B)(1) A PERSON WHO ADMITS HAVING COMMITTED A LAND USE 316
INFRACTION SHALL, AND A PERSON WHO ADMITS HAVING COMMITTED A LAND 319
USE INFRACTION WITH EXPLANATION MAY, WHEN ANSWERING, PAY THE FINE 320
ARISING OUT OF THE INFRACTION ADMITTED TO THE VIOLATIONS CLERK OF 322
THE BUREAU TO WHICH THE ANSWER IS MADE. 323
(2) A PERSON WHO ADMITS HAVING COMMITTED A LAND USE 325
INFRACTION WITH EXPLANATION SHALL SUBMIT EVIDENCE TO THE BUREAU 326
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TO WHICH THE ANSWER IS MADE THAT EXPLAINS THE CIRCUMSTANCES 328
SURROUNDING THE INFRACTION. THE EVIDENCE MAY BE SUBMITTED IN 329
PERSON OR, TO AVOID THE NECESSITY OF PERSONAL APPEARANCE, MAY BE 330
SENT AS AFFIDAVITS AND OTHER DOCUMENTARY EVIDENCE, BY MAIL. A 331
BUREAU THAT RECEIVES AN ANSWER ADMITTING THAT A PERSON COMMITTED 332
A LAND USE INFRACTION WITH EXPLANATION SHALL PROMPTLY DETERMINE 333
WHETHER THE EXPLANATION MITIGATES THE FACT THAT THE PERSON 334
COMMITTED THE INFRACTION AND NOTIFY THE PERSON, IN WRITING, OF 335
ITS DETERMINATION. 336
IF THE BUREAU DETERMINES THAT THE EXPLANATION MITIGATES THE 339
FACT THAT THE PERSON COMMITTED THE INFRACTION, THE BUREAU SHALL 340
ELIMINATE OR REDUCE THE AMOUNT OF THE FINE ARISING OUT OF THE 341
INFRACTION. IF THE FINE IS ELIMINATED OR REDUCED AND THE PERSON 342
HAS PREVIOUSLY PAID THE FINE, THE AMOUNT PAID IN EXCESS OF THE 343
REVISED FINE SHALL BE RETURNED TO THE PERSON; IF THE FINE IS 344
ELIMINATED OR REDUCED AND THE PERSON HAS NOT PREVIOUSLY PAID THE 345
FINE, THE PERSON SHALL PAY ONLY THE AMOUNT OF THE REVISED FINE. 346
IF THE BUREAU DETERMINES THAT THE EXPLANATION DOES NOT MITIGATE 348
THE FACT THAT THE PERSON COMMITTED THE INFRACTION, THE PERSON 349
OWES THE ENTIRE AMOUNT OF THE FINE ARISING OUT OF THE INFRACTION, 350
AND IF THE PERSON HAS NOT PREVIOUSLY PAID THE FINE, THE PERSON 351
SHALL PAY THE ENTIRE AMOUNT OF THE FINE. IF A PERSON ADMITS 352
HAVING COMMITTED A LAND USE INFRACTION WITH EXPLANATION AND THE 354
PERSON FAILS TO PAY THE AMOUNT OF THE FINE DUE WITHIN TEN DAYS 355
AFTER RECEIVING NOTICE OF THE BUREAU'S DETERMINATION, UNLESS THE 356
AMOUNT DUE HAS PREVIOUSLY BEEN PAID, THE BUREAU'S DETERMINATION 358
AND THE AMOUNT OF THE FINE DUE SHALL BE CONSIDERED A JUDGMENT AND 359
SHALL BE TREATED AS IF IT WERE A JUDGMENT RENDERED SUBSEQUENT TO 360
A HEARING HELD UNDER DIVISION (B) OF SECTION 765.08 OF THE 361
REVISED CODE.
(3) A PERSON WHO DENIES HAVING COMMITTED A LAND USE 363
INFRACTION SHALL BE GRANTED A HEARING CONCERNING THE INFRACTION. 364
THE BUREAU SHALL SET A DATE FOR THE HEARING AND NOTIFY THE 366
PERSON, IN WRITING, OF THE DATE, TIME, AND PLACE OF THE HEARING. 367
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THE HEARING SHALL BE CONDUCTED BY A HEARING EXAMINER OF THE LAND 368
USE VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS BUREAU IN 369
ACCORDANCE WITH SECTION 765.08 OF THE REVISED CODE. 370
(C) IF A PERSON WHO IS PERSONALLY OR CONSTRUCTIVELY SERVED 372
WITH A TICKET CHARGING THE COMMISSION OF A LAND USE INFRACTION 374
FAILS TO TIMELY ANSWER THE CHARGE, AS PROVIDED IN DIVISION (A) OF 375
THIS SECTION, THE LAND USE VIOLATIONS BUREAU OR JOINT LAND USE 376
VIOLATIONS BUREAU, WHICHEVER IS APPLICABLE, SHALL ISSUE THE
PROPER NOTIFICATIONS OF INFRACTION PURSUANT TO SECTION 765.07 OF 377
THE REVISED CODE, AND PROCEED ACCORDING TO THAT SECTION. FAILURE 379
TO TIMELY ANSWER A CHARGE MAY RESULT IN THE IMPOSITION OF THE 380
ADDITIONAL PENALTIES PRESCRIBED BY CODE, ORDINANCE, RESOLUTION, 381
OR REGULATION OF THE MUNICIPAL CORPORATION ENACTED UNDER SECTION 382
765.02 OF THE REVISED CODE OR BY THE COURT. 383
(D) THE ISSUANCE OF A TICKET, THE FILING OF OR FAILURE TO 386
FILE AN ANSWER BY A PERSON PERSONALLY OR CONSTRUCTIVELY SERVED 387
WITH THE TICKET, THE SUBSTANCE OF AN ANSWER, THE PAYMENT OF ANY 388
FINE, AND ANY OTHER RELEVANT INFORMATION SHALL BE ENTERED IN THE 389
RECORDS OF THE PARTICULAR BUREAU. 390
Sec. 765.07. (A) WHEN A PERSON IS PERSONALLY OR 392
CONSTRUCTIVELY SERVED WITH A TICKET CHARGING THE COMMISSION OF A 394
LAND USE INFRACTION IN ACCORDANCE WITH SECTION 765.03 OF THE 395
REVISED CODE AND THE PERSON FAILS TO ANSWER THE CHARGE WITHIN THE 397
TIME SPECIFIED BY THE MUNICIPAL CORPORATION UNDER SECTION 765.02 398
OF THE REVISED CODE, THE LAND USE VIOLATIONS BUREAU OR JOINT LAND 400
USE VIOLATIONS BUREAU THAT HAS JURISDICTION OVER THE INFRACTION 402
SHALL SEND A NOTIFICATION OF INFRACTION TO THAT PERSON.
(B) A NOTIFICATION OF INFRACTION SHALL BE SENT WITHIN 404
TWELVE MONTHS AFTER THE EXPIRATION OF THE TIME SPECIFIED BY THE 405
MUNICIPAL CORPORATION UNDER SECTION 765.02 OF THE REVISED CODE 407
FOR THE MAKING OF AN ANSWER, SHALL BE SENT BY FIRST CLASS MAIL, 408
AND SHALL CONTAIN ALL OF THE FOLLOWING: 409
(1) AN IDENTIFICATION OF THE LAND USE INFRACTION WITH 411
WHICH THE PERSON WAS CHARGED AND THE TIME AND DATE OF THE 412
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INFRACTION, WHICH IDENTIFICATION MAY BE A COPY OF THE TICKET 414
CHARGING THE INFRACTION THAT WAS PERSONALLY OR CONSTRUCTIVELY 415
SERVED UPON THE PERSON;
(2) AN IDENTIFICATION OF THE AMOUNT OF THE FINE, 417
PENALTIES, AND COSTS ARISING OUT OF THE INFRACTION THAT ARE DUE; 419
(3) A WARNING THAT THE PERSON MUST ANSWER THE INFRACTION 422
CHARGED IN THE TICKET WITHIN THIRTY DAYS OR A DEFAULT CIVIL 423
JUDGMENT IN THE AMOUNT OF THE FINE, PENALTIES, AND COSTS DUE MAY 424
BE ENTERED AGAINST THE PERSON;
(4) A DESCRIPTION OF THE ALLOWABLE ANSWERS THAT MAY BE 426
MADE AND NOTIFICATION THAT THE PERSON WILL BE AFFORDED A HEARING 427
BEFORE THE BUREAU IF THE PERSON DENIES IN THE ANSWER THAT THE 429
PERSON COMMITTED THE INFRACTION; 430
(5) AN IDENTIFICATION OF THE MANNERS IN WHICH AND THE 432
ENTITY TO WHICH AN ANSWER MAY BE MADE; 433
(6) A WARNING THAT IF THE PERSON FAILS TO APPEAR AT A 435
REQUESTED HEARING, A DEFAULT CIVIL JUDGMENT IN THE AMOUNT OF THE 436
FINE, PENALTIES, AND COSTS DUE MAY BE ENTERED AGAINST THE PERSON. 437
(C) A PERSON WHO RECEIVES A NOTIFICATION OF INFRACTION 439
UNDER THIS SECTION MAY ANSWER THE LAND USE INFRACTION WITH WHICH 441
THE PERSON IS CHARGED THAT IS IDENTIFIED IN THE NOTIFICATION OF 442
INFRACTION IN ANY OF THE MANNERS PROVIDED IN DIVISION (A) OF 443
SECTION 765.06 OF THE REVISED CODE FOR ANSWERS TO LAND USE 444
INFRACTIONS CHARGED IN A TICKET. AN ANSWER UNDER THIS SECTION 446
SHALL BE MADE WITHIN THIRTY DAYS AFTER THE DATE ON WHICH THE 447
NOTIFICATION OF INFRACTION WAS MAILED, AND SHALL BE IN ONE OF THE 448
FORMS SPECIFIED IN DIVISIONS (A)(1), (2), AND (3) OF SECTION
765.06 OF THE REVISED CODE FOR ANSWERS TO LAND USE INFRACTIONS 450
CHARGED IN A TICKET, EXCEPT THAT IF THE ANSWER INCLUDES PAYMENT 452
OF THE FINE ARISING OUT OF THE INFRACTION, ANY PENALTY ARISING 453
OUT OF THE INFRACTION ALSO SHALL BE PAID. THE ANSWER SHALL BE 454
GOVERNED BY DIVISION (B) OF SECTION 765.06 OF THE REVISED CODE 455
FOR ANSWERS RELATIVE TO LAND USE INFRACTIONS CHARGED IN A TICKET, 456
EXCEPT THAT ANY DETERMINATION OF THE AMOUNT TO BE PAID UNDER AN 457
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ANSWER ADMITTING THE COMMISSION OF THE INFRACTION WITH 458
EXPLANATION ALSO SHALL CONSIDER ANY PENALTY ARISING OUT OF THE 459
INFRACTION.
(D) IF A PERSON WHO IS ISSUED A NOTIFICATION OF INFRACTION 461
FAILS TO TIMELY ANSWER, AS PROVIDED IN DIVISION (C) OF THIS 462
SECTION, THE FAILURE TO ANSWER SHALL BE CONSIDERED AN ADMISSION 463
THAT THE PERSON COMMITTED THE LAND USE INFRACTION, AND A DEFAULT 464
CIVIL JUDGMENT, IN THE AMOUNT OF THE FINE, PENALTIES, AND COSTS 465
DUE, MAY BE ENTERED AGAINST THE PERSON. FAILURE TO TIMELY ANSWER 466
THE INFRACTION IDENTIFIED IN THE NOTIFICATION OF INFRACTION MAY 468
RESULT IN THE IMPOSITION OF THE ADDITIONAL PENALTIES PRESCRIBED 469
BY CODE, ORDINANCE, RESOLUTION, OR REGULATION OF THE MUNICIPAL 470
CORPORATION ENACTED UNDER SECTION 765.02 OF THE REVISED CODE OR 471
BY THE COURT.
(E) THE SENDING OF A NOTIFICATION OF INFRACTION, THE 473
FILING OF OR FAILURE TO FILE AN ANSWER BY THE PERSON TO WHOM IT 474
IS SENT, THE SUBSTANCE OF AN ANSWER, THE PAYMENT OF ANY FINE, AND 475
ANY OTHER RELEVANT INFORMATION SHALL BE ENTERED IN THE RECORDS OF 476
THE PARTICULAR BUREAU. 477
Sec. 765.08. (A) IF A PERSON WHO IS PERSONALLY OR 479
CONSTRUCTIVELY SERVED WITH A TICKET CHARGING THE COMMISSION OF A 481
LAND USE INFRACTION OR WHO RECEIVES A NOTIFICATION OF INFRACTION 482
DENIES, IN THE PERSON'S ANSWER TO THE CHARGE, HAVING COMMITTED
THE INFRACTION, THE LAND USE VIOLATIONS BUREAU OR JOINT LAND USE 485
VIOLATIONS BUREAU THAT HAS JURISDICTION SHALL CONDUCT A HEARING
TO DETERMINE IF THE PERSON COMMITTED THE INFRACTION. EACH 486
HEARING SHALL BE CONDUCTED BY A HEARING EXAMINER OF THE LAND USE 487
VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS BUREAU. EACH 488
HEARING SHALL BE CONDUCTED IN THE MANNER THE HEARING EXAMINER 490
CONSIDERS APPROPRIATE. RULES REGARDING THE ADMISSIBILITY OF 491
EVIDENCE SHALL NOT BE STRICTLY APPLIED IN THE HEARING, BUT ALL 492
TESTIMONY SHALL BE UNDER OATH. 493
AT THE HEARING, THE MUNICIPAL CORPORATION WHOSE CODE, 495
ORDINANCE, RESOLUTION, OR REGULATION ALLEGEDLY WAS VIOLATED AND 496
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RESULTED IN THE CHARGE HAS THE BURDEN OF PROVING, BY A 497
PREPONDERANCE OF THE EVIDENCE, THAT THE PERSON FOR WHOM THE 498
HEARING IS BEING CONDUCTED COMMITTED THE LAND USE INFRACTION. IF 499
THE PERSON, IN THE PERSON'S ANSWER, DENIED HAVING COMMITTED THE 500
INFRACTION AND REQUESTED THE PRESENCE AT THE HEARING OF THE LAW 502
ENFORCEMENT OFFICER WHO ISSUED THE TICKET, THE OFFICER SHALL BE 503
REQUIRED TO ATTEND THE HEARING UNLESS THE HEARING EXAMINER 504
DETERMINES THAT THE OFFICER'S PRESENCE IS NOT REQUIRED. IF THE 505
OFFICER'S PRESENCE AT THE HEARING HAS BEEN REQUESTED AND THE 506
OFFICER IS UNABLE TO ATTEND THE HEARING ON THE DAY AND AT THE 507
TIME SCHEDULED, THE HEARING EXAMINER MAY GRANT A REASONABLE 508
CONTINUANCE. THE PERSON FOR WHOM THE HEARING IS BEING CONDUCTED 509
MAY PRESENT ANY RELEVANT EVIDENCE AND TESTIMONY AT THE HEARING. 510
THE PERSON DOES NOT HAVE TO ATTEND THE HEARING IF THE PERSON 511
SUBMITS DOCUMENTARY EVIDENCE TO THE HEARING EXAMINER PRIOR TO THE 513
DAY OF THE HEARING.
THE MUNICIPAL CORPORATION SHALL SUBMIT THE ORIGINAL TICKET 516
THAT WAS PERSONALLY OR CONSTRUCTIVELY SERVED ON THE PERSON OR A 517
TRUE COPY OF THAT TICKET. THE TICKET IN PROPER FORM IS 518
PRIMA-FACIE EVIDENCE THAT THE PERSON TO WHOM THE TICKET WAS 519
SERVED WAS THE PERSON WHO COMMITTED THE LAND USE INFRACTION. THE 520
MUNICIPAL CORPORATION MAY PRESENT ADDITIONAL EVIDENCE AND 521
TESTIMONY AT THE HEARING. THE MUNICIPAL CORPORATION DOES NOT 522
HAVE TO BE REPRESENTED AT THE HEARING BY AN ATTORNEY. 523
(B)(1) IF A PERSON FOR WHOM A HEARING IS TO BE CONDUCTED 525
UNDER DIVISION (A) OF THIS SECTION APPEARS AT THE SCHEDULED 526
HEARING OR SUBMITS EVIDENCE IN ACCORDANCE WITH THAT DIVISION, THE 527
HEARING EXAMINER SHALL CONSIDER ALL EVIDENCE AND TESTIMONY 529
PRESENTED AND SHALL DETERMINE WHETHER THE MUNICIPAL CORPORATION 530
HAS ESTABLISHED, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE 531
PERSON COMMITTED THE LAND USE INFRACTION. IF THE HEARING
EXAMINER DETERMINES THAT THE PERSON COMMITTED THE INFRACTION, AN 533
ORDER INDICATING THE DETERMINATION AS A JUDGMENT AGAINST THE 534
PERSON AND REQUIRING THE PERSON TO PAY THE APPROPRIATE FINE AND 535
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ANY ADDITIONAL PENALTIES SHALL BE ENTERED IN THE RECORDS OF THE 536
LAND USE VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS BUREAU, 537
WHICHEVER IS APPLICABLE.
(2) IF A PERSON FOR WHOM A HEARING IS TO BE CONDUCTED 539
UNDER DIVISION (A) OF THIS SECTION FAILS TO APPEAR AT THE 540
SCHEDULED HEARING AND FAILS TO SUBMIT EVIDENCE IN ACCORDANCE WITH 541
THAT DIVISION, THE HEARING EXAMINER, AFTER DETERMINING FROM ANY 542
EVIDENCE AND TESTIMONY PRESENTED AT THE HEARING, BY A 545
PREPONDERANCE OF THE EVIDENCE, THAT THE PERSON COMMITTED THE LAND 546
USE INFRACTION, SHALL ENTER A DEFAULT JUDGMENT AGAINST THE PERSON 547
AND REQUIRE THE PERSON TO PAY THE APPROPRIATE FINE AND ANY 548
ADDITIONAL PENALTIES. A DEFAULT JUDGMENT ENTERED UNDER THIS 549
DIVISION SHALL BE ENTERED IN THE RECORDS OF THE LAND USE 550
VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS BUREAU, WHICHEVER 551
IS APPLICABLE. 552
(3) IF A PERSON WHO IS SENT A NOTIFICATION OF INFRACTION 554
UNDER SECTION 765.07 OF THE REVISED CODE DOES NOT TIMELY ANSWER, 556
AS PROVIDED IN DIVISION (C) OF THAT SECTION, THE HEARING EXAMINER 557
OF THE LAND USE VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS 558
BUREAU, WHICHEVER IS APPLICABLE, AFTER DETERMINING FROM ANY 559
EVIDENCE AND TESTIMONY PRESENTED BY THE MUNICIPAL CORPORATION, BY 561
A PREPONDERANCE OF THE EVIDENCE, THAT THE PERSON COMMITTED THE
LAND USE INFRACTION, SHALL ENTER A DEFAULT JUDGMENT AGAINST THE 562
PERSON AND REQUIRE THE PERSON TO PAY THE APPROPRIATE FINE AND ANY 563
ADDITIONAL PENALTIES. A DEFAULT JUDGMENT ENTERED UNDER THIS 564
DIVISION SHALL BE ENTERED IN THE RECORDS OF THE LAND USE 565
VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS BUREAU, WHICHEVER 566
IS APPLICABLE. 567
(4) IF THE HEARING EXAMINER DOES NOT DETERMINE, BY A 570
PREPONDERANCE OF THE EVIDENCE, THAT A PERSON IN ANY OF THE
CLASSES DESCRIBED IN DIVISION (B)(1), (2), OR (3) OF THIS SECTION 571
COMMITTED THE LAND USE INFRACTION, THE HEARING EXAMINER SHALL 573
ENTER JUDGMENT AGAINST THE MUNICIPAL CORPORATION WHOSE CODE,
ORDINANCE, RESOLUTION, OR REGULATION ALLEGEDLY WAS VIOLATED, 574
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SHALL DISMISS THE CHARGE OF THE INFRACTION AGAINST THE PERSON, 575
AND SHALL ENTER THE JUDGMENT AND DISMISSAL IN THE RECORDS OF THE 576
LAND USE VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS BUREAU, 577
WHICHEVER IS APPLICABLE. 579
(5) A DEFAULT JUDGMENT ENTERED UNDER THIS SECTION MAY BE 581
VACATED BY THE HEARING EXAMINER WHO ENTERED IT IF ALL OF THE 583
FOLLOWING APPLY:
(a) THE PERSON AGAINST WHOM THE DEFAULT JUDGMENT WAS 585
ENTERED FILES A MOTION WITH THE PROPER LAND USE VIOLATIONS BUREAU 586
OR JOINT LAND USE VIOLATIONS BUREAU WITHIN ONE YEAR AFTER THE 587
DATE OF ENTRY OF THE JUDGMENT. 588
(b) THE MOTION SETS FORTH A SUFFICIENT DEFENSE TO THE LAND 591
USE INFRACTION OUT OF WHICH THE JUDGMENT AROSE.
(c) THE MOTION SETS FORTH EXCUSABLE NEGLECT AS TO THE 593
PERSON'S FAILURE TO ATTEND THE HEARING OR ANSWER THE NOTIFICATION 594
OF INFRACTION. 595
(C) PAYMENT OF ANY JUDGMENT OR DEFAULT JUDGMENT ENTERED 597
AGAINST A PERSON UNDER THIS SECTION SHALL BE MADE TO THE 598
VIOLATIONS CLERK OF THE LAND USE VIOLATIONS BUREAU OR JOINT LAND 599
USE VIOLATIONS BUREAU IN WHICH THE JUDGMENT WAS ENTERED, WITHIN 600
TEN DAYS AFTER THE DATE OF ENTRY. ALL MONEY PAID IN SATISFACTION 601
OF A JUDGMENT OR DEFAULT JUDGMENT SHALL BE DISBURSED BY THE CLERK 602
TO THE MUNICIPAL CORPORATION WHOSE CODE, ORDINANCE, RESOLUTION, 603
OR REGULATION WAS VIOLATED, AND THE CLERK SHALL ENTER THE FACT OF 604
PAYMENT OF THE MONEY AND ITS DISBURSEMENT IN THE RECORDS OF THE 605
BUREAU. IF PAYMENT IS NOT MADE WITHIN THIS TIME PERIOD, THE 607
JUDGMENT OR DEFAULT JUDGMENT MAY BE FILED WITH THE CLERK OF THE 608
MUNICIPAL COURT OR COUNTY COURT WITHIN WHOSE TERRITORIAL
JURISDICTION THE CODE, ORDINANCE, RESOLUTION, OR REGULATION WAS 609
VIOLATED, AND WHEN SO FILED, HAS THE SAME FORCE AND EFFECT AS A 611
MONEY JUDGMENT IN A CIVIL ACTION RENDERED IN THAT COURT.
JUDGMENTS AND DEFAULT JUDGMENTS FILED WITH A COURT UNDER 614
THIS DIVISION SHALL BE MAINTAINED IN AN INDEX AND JUDGMENT ROLL 615
SEPARATE FROM OTHER JUDGMENTS RENDERED IN THE COURT. COMPUTER 616
16
PRINTOUTS, MICROFILM, MICRODOT, MICROFICHE, OR OTHER SIMILAR DATA 617
RECORDING TECHNIQUES MAY BE UTILIZED TO RECORD SUCH JUDGMENTS. 618
WHEN A JUDGMENT OR DEFAULT JUDGMENT IS FILED WITH A COURT, 619
EXECUTION MAY BE LEVIED, AND SUCH OTHER MEASURES MAY BE TAKEN FOR 620
ITS COLLECTION AS ARE AUTHORIZED FOR THE COLLECTION OF AN UNPAID 621
MONEY JUDGMENT IN A CIVIL ACTION RENDERED IN THAT COURT. THE 622
MUNICIPAL OR COUNTY COURT MAY ASSESS COSTS AGAINST THE JUDGMENT 623
DEBTOR, IN AN AMOUNT NOT EXCEEDING TEN DOLLARS FOR EACH LAND USE 624
INFRACTION, TO BE PAID UPON SATISFACTION OF THE JUDGMENT. 625
(D) ANY PERSON AGAINST WHOM A JUDGMENT OR DEFAULT JUDGMENT 627
IS ENTERED PURSUANT TO THIS SECTION AND ANY MUNICIPAL CORPORATION 628
AGAINST WHICH A JUDGMENT IS ENTERED UNDER THIS SECTION MAY APPEAL 630
THE JUDGMENT OR DEFAULT JUDGMENT TO THE MUNICIPAL COURT OR COUNTY 631
COURT WITHIN WHOSE TERRITORIAL JURISDICTION THE CODE, ORDINANCE,
RESOLUTION, OR REGULATION WAS VIOLATED BY FILING NOTICES OF 633
APPEAL WITH THE LAND USE VIOLATIONS BUREAU OR JOINT LAND USE 634
VIOLATIONS BUREAU IN WHICH THE JUDGMENT WAS ENTERED, AND WITH THE 636
MUNICIPAL OR COUNTY COURT WITHIN FIFTEEN DAYS AFTER THE DATE OF 637
ENTRY OF THE JUDGMENT AND BY THE PAYMENT OF SUCH REASONABLE COSTS 638
AS THE COURT REQUIRES. UPON THE FILING OF AN APPEAL, THE COURT 639
SHALL SCHEDULE A HEARING DATE AND NOTIFY THE PARTIES OF THE DATE, 641
TIME, AND PLACE OF THE HEARING. THE HEARING SHALL BE HELD BY THE 642
COURT IN ACCORDANCE WITH THE RULES OF THE COURT. SERVICE OF A 643
NOTICE OF APPEAL UNDER THIS DIVISION BY A PERSON DOES NOT STAY 644
ENFORCEMENT AND COLLECTION OF THE JUDGMENT OR DEFAULT JUDGMENT 645
FROM WHICH APPEAL IS TAKEN BY THE PERSON UNLESS THE PERSON WHO 646
FILES THE APPEAL POSTS BOND WITH THE LAND USE VIOLATIONS BUREAU 647
OR JOINT LAND USE VIOLATIONS BUREAU IN THE AMOUNT OF THE 649
JUDGMENT, PLUS COURT COSTS, AT OR BEFORE SERVICE OF THE NOTICE OF 650
APPEAL.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE JUDGMENT ON 652
APPEAL OF THE MUNICIPAL OR COUNTY COURT IS FINAL, AND NO OTHER 654
APPEAL OF THE JUDGMENT OF THE LAND USE VIOLATIONS BUREAU OR JOINT 655
LAND USE VIOLATIONS BUREAU, WHICHEVER IS APPLICABLE, AND NO 656
17
APPEAL OF THE JUDGMENT OF THE MUNICIPAL OR COUNTY COURT MAY BE 657
TAKEN.
(E) A JUDGMENT OR DEFAULT JUDGMENT ENTERED UNDER THIS 660
SECTION MAY BE FILED WITH A MUNICIPAL COURT OR COUNTY COURT UNDER 661
DIVISION (C) OF THIS SECTION AT ANY TIME WITHIN THREE YEARS AFTER 662
THE DATE OF ISSUANCE OF THE TICKET CHARGING THE LAND USE 663
INFRACTION OUT OF WHICH THE JUDGMENT AROSE. THIS DIVISION 664
APPLIES TO ANY TICKET ISSUED FOR AN OFFENSE THAT WOULD BE A LAND 665
USE INFRACTION ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, IF 666
THE TICKET WAS ISSUED WITHIN THREE YEARS PRIOR TO THE EFFECTIVE 667
DATE OF THIS SECTION AND A WARRANT HAS NOT BEEN ISSUED AND SERVED 668
ON THE PERSON INVOLVED IN THE OFFENSE. 669
Section 2. Chapter 765. of the Revised Code shall be known 671
as "Noncriminal Land Use Infractions." 672