As Passed by the Senate 1
122nd General Assembly 4
Regular Session Am. Sub. 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
2
(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)(1)(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION 104
(C)(1)(b) OF THIS SECTION, BEFORE A LAW ENFORCEMENT OFFICER 105
ISSUES A TICKET FOR A LAND USE INFRACTION UNDER THIS SECTION, THE 106
MUNICIPAL CORPORATION SHALL GIVE NOTICE OF THE POSSIBLE ISSUANCE 107
OF THE TICKET, BY CERTIFIED MAIL OR PERSONAL SERVICE, AND SHALL 108
PROVIDE A REASONABLE PERIOD OF TIME, AS DETERMINED BY THE 109
MUNICIPAL CORPORATION, FOR THE PERSON TO CORRECT THE INFRACTION. 110
IF THE PERSON FAILS TO CORRECT THE INFRACTION WITHIN THE 111
REASONABLE PERIOD OF TIME PROVIDED BY THE MUNICIPAL CORPORATION, 112
THE PERSON SHALL BE ISSUED A TICKET CHARGING A LAND USE
INFRACTION. 113
(b) IF A LAW ENFORCEMENT OFFICER OBSERVES THE SAME LAND 115
USE INFRACTION OCCURRING AGAIN WITHIN NINETY DAYS AFTER THE 116
PERSON CORRECTED THE PREVIOUS INFRACTION, THE LAW ENFORCEMENT 117
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OFFICER SHALL ISSUE A TICKET IMMEDIATELY FOR A LAND USE 118
INFRACTION AS PROVIDED UNDER THIS SECTION AND THE NOTIFICATION 119
PROVISIONS OF DIVISION (C)(1)(a) OF THIS SECTION DO NOT APPLY. 120
(2) A LAW ENFORCEMENT OFFICER WHO ISSUES A TICKET FOR A 123
LAND USE INFRACTION SHALL COMPLETE THE TICKET BY IDENTIFYING THE 124
LAND USE INFRACTION CHARGED AND INDICATING THE DATE, TIME, AND 125
PLACE OF THE INFRACTION. THE OFFICER SHALL SIGN THE TICKET AND 126
AFFIRM THE FACTS IT CONTAINS. IF THE OFFENDER IS PRESENT, THE 127
OFFICER ALSO SHALL RECORD ON THE TICKET THE NAME OF THE OFFENDER 128
IN A SPACE PROVIDED ON THE TICKET FOR IDENTIFICATION OF THE 129
OFFENDER, AND THEN SHALL PERSONALLY SERVE THE TICKET UPON THE 130
OFFENDER. IF THE OFFENDER IS NOT PRESENT, THE OFFICER SHALL 131
INSERT THE WORD "OFFENDER" IN THE SPACE PROVIDED ON THE TICKET 132
FOR IDENTIFICATION OF THE OFFENDER, AND THEN SHALL CONSTRUCTIVELY 133
SERVE THE TICKET UPON THE OFFENDER BY AFFIXING THE TICKET TO THE 134
AFFECTED REAL PROPERTY IN A CONSPICUOUS PLACE. 135
CONSTRUCTIVE SERVICE OF A TICKET BY AFFIXATION AS PROVIDED 138
IN THIS DIVISION HAS THE SAME FORCE AND EFFECT, AND POTENTIALLY 140
SUBJECTS THE OFFENDER WHOSE ACT OR OMISSION RESULTED IN THE LAND 142
USE INFRACTION TO THE SAME FINE AND THE SAME PENALTIES FOR 143
FAILURE TO TIMELY ANSWER OR TO APPEAR, IF A HEARING IS REQUESTED, 144
AS IF THE TICKET WERE PERSONALLY SERVED ON THE OFFENDER AT THE 145
TIME OF THE VIOLATION. 146
(D) THE ORIGINAL OF A TICKET ISSUED UNDER THIS SECTION OR 149
ANY TRUE COPY OF IT SHALL BE CONSIDERED A RECORD KEPT IN THE 150
ORDINARY COURSE OF BUSINESS OF THE MUNICIPAL CORPORATION AND OF 151
THE LAW ENFORCEMENT AGENCY WHOSE OFFICER ISSUED IT, AND SHALL BE 152
PRIMA-FACIE EVIDENCE OF THE FACTS IT CONTAINS.
(E) WHEN A TICKET IS ISSUED FOR A LAND USE INFRACTION AND 155
IS SERVED UNDER THIS SECTION, THE OFFENDER WHOSE ACT OR OMISSION 156
RESULTED IN THE INFRACTION FOR WHICH THE TICKET WAS ISSUED IS 158
LIABLE FOR THE INFRACTION AND FOR ANY FINE OR PENALTY ARISING OUT 159
OF THE INFRACTION UNDER A CODE, ORDINANCE, RESOLUTION, OR
REGULATION ENACTED BY THE MUNICIPAL CORPORATION UNDER DIVISION 161
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(A) OF SECTION 765.02 OF THE REVISED CODE.
(F) NO PERSON UPON WHOM A TICKET CHARGING A LAND USE 164
INFRACTION IS PERSONALLY OR CONSTRUCTIVELY SERVED UNDER THIS 165
SECTION SHALL BE ARRESTED AS A RESULT OF THE COMMISSION OF THE 166
LAND USE INFRACTION.
Sec. 765.04. (A)(1) THE LEGISLATIVE AUTHORITY OF A 168
MUNICIPAL CORPORATION, BY ORDINANCE OR RESOLUTION, MAY REQUEST 170
THE MUNICIPAL COURT OR COUNTY COURT HAVING TERRITORIAL 171
JURISDICTION OVER THE MUNICIPAL CORPORATION TO AUTHORIZE THE 172
MUNICIPAL CORPORATION TO ESTABLISH A LAND USE VIOLATIONS BUREAU 173
TO HANDLE ALL LAND USE INFRACTIONS OCCURRING WITHIN THE TERRITORY 174
OF THE MUNICIPAL CORPORATION, INCLUDING LAND USE INFRACTIONS THAT 176
ARE VIOLATIONS OF CODES, ORDINANCES, RESOLUTIONS, OR REGULATIONS 177
OF OTHER MUNICIPAL CORPORATIONS AND THAT OCCUR WITHIN THE 178
TERRITORY OF THE REQUESTING MUNICIPAL CORPORATION.
(2) THE LEGISLATIVE AUTHORITIES OF TWO OR MORE MUNICIPAL 180
CORPORATIONS THAT ARE WITHIN THE TERRITORIAL JURISDICTION OF THE 182
SAME MUNICIPAL COURT OR COUNTY COURT MAY JOIN TOGETHER AND, BY 183
ORDINANCE OR RESOLUTION, REQUEST THE MUNICIPAL COURT OR COUNTY 184
COURT TO AUTHORIZE THE MUNICIPAL CORPORATIONS TO JOINTLY 185
ESTABLISH A JOINT LAND USE VIOLATIONS BUREAU TO HANDLE ALL LAND 186
USE INFRACTIONS OCCURRING WITHIN THE TERRITORIES OF THE MUNICIPAL 187
CORPORATIONS THAT HAVE JOINED TOGETHER IN MAKING THE REQUEST, 189
INCLUDING LAND USE INFRACTIONS THAT ARE VIOLATIONS OF CODES, 190
ORDINANCES, RESOLUTIONS, OR REGULATIONS OF OTHER MUNICIPAL 191
CORPORATIONS AND THAT OCCUR WITHIN THE TERRITORIES OF THE
MUNICIPAL CORPORATIONS MAKING THE REQUEST. 192
(B) A REQUEST MADE UNDER DIVISION (A) OF THIS SECTION 195
SHALL BE FILED WITH THE CLERK OF THE MUNICIPAL COURT OR COUNTY 196
COURT. UPON THE FILING OF SUCH A REQUEST, THE COURT, BY JOURNAL
ENTRY, SHALL AUTHORIZE THE MUNICIPAL CORPORATION THAT MADE THE 198
REQUEST, OR THE MUNICIPAL CORPORATIONS THAT JOINED TOGETHER IN 200
MAKING THE REQUEST, TO ESTABLISH A LAND USE VIOLATIONS BUREAU OR 201
TO JOINTLY ESTABLISH A JOINT LAND USE VIOLATIONS BUREAU. UPON 202
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THE GRANT OF SUCH AUTHORITY BY A COURT, THE MUNICIPAL 203
CORPORATION, OR THE MUNICIPAL CORPORATIONS THAT JOINED TOGETHER, 204
MAY ESTABLISH THE LAND USE VIOLATIONS BUREAU OR JOINTLY ESTABLISH 205
THE JOINT LAND USE VIOLATIONS BUREAU. 206
Sec. 765.05. (A) IF A LAND USE VIOLATIONS BUREAU OR A 208
JOINT LAND USE VIOLATIONS BUREAU IS ESTABLISHED UNDER SECTION 210
765.04 OF THE REVISED CODE, NOTWITHSTANDING ANY OTHER PROVISION 212
OF LAW TO THE CONTRARY, THE BUREAU OR JOINT BUREAU HAS
JURISDICTION OVER EACH LAND USE INFRACTION THAT IS A VIOLATION OF 213
A CODE, ORDINANCE, RESOLUTION, OR REGULATION OF ANY MUNICIPAL 214
CORPORATION AND THAT OCCURS WITHIN THE TERRITORY OF THE MUNICIPAL 215
CORPORATION THAT ESTABLISHED THE BUREAU OR THE TERRITORY OF ANY 217
OF THE MUNICIPAL CORPORATIONS THAT JOINED TOGETHER TO JOINTLY 219
ESTABLISH THE JOINT BUREAU, REGARDLESS OF WHETHER THE MUNICIPAL 220
CORPORATION WAS THE MUNICIPAL CORPORATION THAT ESTABLISHED THE 221
BUREAU OR WAS ONE OF THE MUNICIPAL CORPORATIONS THAT JOINED 222
TOGETHER TO JOINTLY ESTABLISH THE JOINT BUREAU. NOTWITHSTANDING 223
ANY OTHER PROVISION OF LAW TO THE CONTRARY, EACH LAND USE 224
INFRACTION THAT IS A VIOLATION OF A CODE, ORDINANCE, RESOLUTION, 225
OR REGULATION OF ANY MUNICIPAL CORPORATION AND THAT OCCURS WITHIN 226
THE JURISDICTION OF THE BUREAU OR THE JOINT BUREAU, AND THE 227
ENFORCEMENT OF EACH SUCH LAND USE INFRACTION, SHALL BE HANDLED 228
PURSUANT TO AND BE GOVERNED BY THIS CHAPTER. 229
THE OPERATING COSTS OF A LAND USE VIOLATIONS BUREAU SHALL 231
BE PAID BY THE MUNICIPAL CORPORATION THAT ESTABLISHES IT. THE 233
OPERATING COSTS OF A JOINT LAND USE VIOLATIONS BUREAU SHALL BE 234
PAID BY ALL OF THE MUNICIPAL CORPORATIONS THAT JOINTLY ESTABLISH 235
IT, IN THE PROPORTIONS AGREED UPON BY THE LEGISLATIVE AUTHORITIES 236
OF THE MUNICIPAL CORPORATIONS. THE LEGISLATIVE AUTHORITY OF THE 237
MUNICIPAL CORPORATION THAT ESTABLISHES A LAND USE VIOLATIONS 238
BUREAU AND THE LEGISLATIVE AUTHORITIES OF ALL OF THE MUNICIPAL 239
CORPORATIONS THAT JOINTLY ESTABLISH A JOINT LAND USE VIOLATIONS 241
BUREAU, BY AGREEMENT, SHALL APPOINT A VIOLATIONS CLERK FOR THE 242
BUREAU OR JOINT BUREAU, AND, SUBJECT TO THE EXCEPTION PROVIDED IN 243
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THIS DIVISION, SHALL APPOINT HEARING EXAMINERS AND NECESSARY 244
CLERICAL EMPLOYEES FOR THE BUREAU OR JOINT BUREAU. THE 245
LEGISLATIVE AUTHORITY OF THE MUNICIPAL CORPORATION THAT 246
ESTABLISHES A BUREAU AND THE LEGISLATIVE AUTHORITIES OF ALL OF 247
THE MUNICIPAL CORPORATIONS THAT JOINTLY ESTABLISH A JOINT BUREAU, 248
BY AGREEMENT, MAY DELEGATE ITS OR THEIR DUTY TO APPOINT EITHER 249
HEARING EXAMINERS OR NECESSARY CLERICAL PERSONNEL, OR BOTH, TO 250
THE VIOLATIONS CLERK APPOINTED FOR THE BUREAU OR JOINT BUREAU, IN 251
WHICH CASE THE VIOLATIONS CLERK, UPON APPOINTMENT, SHALL MAKE 252
THOSE APPOINTMENTS IN ACCORDANCE WITH THE DELEGATION. NO PERSON 253
SHALL BE EMPLOYED AS A HEARING EXAMINER UNLESS THE PERSON IS AN 254
ATTORNEY ADMITTED TO THE PRACTICE OF LAW IN THIS STATE OR 255
FORMERLY WAS EMPLOYED AS A LAW ENFORCEMENT OFFICER. 256
THE FINE AND PENALTIES ESTABLISHED FOR A LAND USE 258
INFRACTION BY ANY MUNICIPAL CORPORATION SHALL BE COLLECTED, 259
RETAINED, AND DISBURSED BY THE VIOLATIONS CLERK IF THE LAND USE 260
INFRACTION OUT OF WHICH THE FINE OR PENALTIES AROSE OCCURRED 261
WITHIN THE JURISDICTION OF THE BUREAU OR JOINT BUREAU. THE FINE 262
AND PENALTIES COLLECTED BY A VIOLATIONS CLERK FOR A LAND USE 263
INFRACTION SHALL BE DISBURSED BY THE CLERK TO THE MUNICIPAL 264
CORPORATION WHOSE CODE, ORDINANCE, RESOLUTION, OR REGULATION WAS 265
VIOLATED.
(B) IF A MUNICIPAL CORPORATION DOES NOT ENACT A CODE, 267
ORDINANCE, RESOLUTION, OR REGULATION OF THE TYPE DESCRIBED IN 268
DIVISION (A) OF SECTION 765.02 OF THE REVISED CODE IN RELATION TO 269
A CODE, ORDINANCE, RESOLUTION, OR REGULATION ENACTED BY THE 270
MUNICIPAL CORPORATION THAT IS DESCRIBED IN DIVISION (A) OF 271
SECTION 765.01 OF THE REVISED CODE, A VIOLATION OF THE PARTICULAR 272
REGULATORY CODE, ORDINANCE, RESOLUTION, OR REGULATION IS NOT A 274
LAND USE INFRACTION FOR PURPOSES OF THIS CHAPTER. 275
(C) A MUNICIPAL CORPORATION THAT ESTABLISHES A LAND USE 278
VIOLATIONS BUREAU OR THE MUNICIPAL CORPORATIONS THAT JOINTLY 279
ESTABLISH A JOINT LAND USE VIOLATIONS BUREAU MAY CONTRACT WITH 280
ANY GOVERNMENTAL OR NONGOVERNMENTAL ENTITY TO PROVIDE SERVICES IN 281
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PROCESSING, COLLECTING, AND ENFORCING TICKETS ISSUED BY LAW 282
ENFORCEMENT OFFICERS AND CIVIL JUDGMENTS AND DEFAULT CIVIL 283
JUDGMENTS ENTERED UNDER THIS CHAPTER. 284
Sec. 765.06. (A) A PERSON WHO IS PERSONALLY OR 286
CONSTRUCTIVELY SERVED WITH A TICKET CHARGING THE COMMISSION OF A 288
LAND USE INFRACTION MAY ANSWER THE CHARGE BY PERSONAL APPEARANCE 289
BEFORE THE LAND USE VIOLATIONS BUREAU OR JOINT LAND USE 290
VIOLATIONS BUREAU, WHICHEVER IS APPLICABLE, OR BY MAIL. A 291
MUNICIPAL CORPORATION MAY, BY CODE, ORDINANCE, RESOLUTION, OR 292
REGULATION, ALSO AUTHORIZE THE ANSWER TO A CHARGE OF A LAND USE 293
INFRACTION THAT IS A VIOLATION OF ANY OF ITS CODES, ORDINANCES, 294
RESOLUTIONS, OR REGULATIONS TO BE MADE BY TELEPHONE, IN WHICH 295
CASE THE TICKET ADOPTED BY THE MUNICIPAL CORPORATION SHALL 296
INDICATE THAT FACT. AN ANSWER SHALL BE MADE WITHIN THE TIME 297
SPECIFIED BY THE MUNICIPAL CORPORATION AND INDICATED ON THE 298
TICKET, AND SHALL BE IN ONE OF THE FOLLOWING FORMS:
(1) AN ADMISSION THAT THE PERSON COMMITTED THE LAND USE 300
INFRACTION, BY PAYMENT OF ANY FINE ARISING OUT OF THE INFRACTION; 302
(2) AN ADMISSION THAT THE PERSON COMMITTED THE LAND USE 304
INFRACTION, WITH AN EXPLANATION OF THE CIRCUMSTANCES SURROUNDING 305
THE LAND USE INFRACTION; 306
(3) A DENIAL THAT THE PERSON COMMITTED THE LAND USE 308
INFRACTION AND A REQUEST FOR A HEARING RELATIVE TO THE 309
INFRACTION. IF THE PERSON DESIRES THE PRESENCE, AT THE HEARING, 310
OF THE LAW ENFORCEMENT OFFICER WHO ISSUED THE TICKET, THE PERSON 312
MUST REQUEST THE OFFICER'S PRESENCE IN THE PERSON'S ANSWER. 313
(B)(1) A PERSON WHO ADMITS HAVING COMMITTED A LAND USE 315
INFRACTION SHALL, AND A PERSON WHO ADMITS HAVING COMMITTED A LAND 318
USE INFRACTION WITH EXPLANATION MAY, WHEN ANSWERING, PAY THE FINE 319
ARISING OUT OF THE INFRACTION ADMITTED TO THE VIOLATIONS CLERK OF 321
THE BUREAU TO WHICH THE ANSWER IS MADE. 322
(2) A PERSON WHO ADMITS HAVING COMMITTED A LAND USE 324
INFRACTION WITH EXPLANATION SHALL SUBMIT EVIDENCE TO THE BUREAU 325
TO WHICH THE ANSWER IS MADE THAT EXPLAINS THE CIRCUMSTANCES 327
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SURROUNDING THE INFRACTION. THE EVIDENCE MAY BE SUBMITTED IN 328
PERSON OR, TO AVOID THE NECESSITY OF PERSONAL APPEARANCE, MAY BE 329
SENT AS AFFIDAVITS AND OTHER DOCUMENTARY EVIDENCE, BY MAIL. A 330
BUREAU THAT RECEIVES AN ANSWER ADMITTING THAT A PERSON COMMITTED 331
A LAND USE INFRACTION WITH EXPLANATION SHALL PROMPTLY DETERMINE 332
WHETHER THE EXPLANATION MITIGATES THE FACT THAT THE PERSON 333
COMMITTED THE INFRACTION AND NOTIFY THE PERSON, IN WRITING, OF 334
ITS DETERMINATION. 335
IF THE BUREAU DETERMINES THAT THE EXPLANATION MITIGATES THE 338
FACT THAT THE PERSON COMMITTED THE INFRACTION, THE BUREAU SHALL 339
ELIMINATE OR REDUCE THE AMOUNT OF THE FINE ARISING OUT OF THE 340
INFRACTION. IF THE FINE IS ELIMINATED OR REDUCED AND THE PERSON 341
HAS PREVIOUSLY PAID THE FINE, THE AMOUNT PAID IN EXCESS OF THE 342
REVISED FINE SHALL BE RETURNED TO THE PERSON; IF THE FINE IS 343
ELIMINATED OR REDUCED AND THE PERSON HAS NOT PREVIOUSLY PAID THE 344
FINE, THE PERSON SHALL PAY ONLY THE AMOUNT OF THE REVISED FINE. 345
IF THE BUREAU DETERMINES THAT THE EXPLANATION DOES NOT MITIGATE 347
THE FACT THAT THE PERSON COMMITTED THE INFRACTION, THE PERSON 348
OWES THE ENTIRE AMOUNT OF THE FINE ARISING OUT OF THE INFRACTION, 349
AND IF THE PERSON HAS NOT PREVIOUSLY PAID THE FINE, THE PERSON 350
SHALL PAY THE ENTIRE AMOUNT OF THE FINE. IF A PERSON ADMITS 351
HAVING COMMITTED A LAND USE INFRACTION WITH EXPLANATION AND THE 353
PERSON FAILS TO PAY THE AMOUNT OF THE FINE DUE WITHIN TEN DAYS 354
AFTER RECEIVING NOTICE OF THE BUREAU'S DETERMINATION, UNLESS THE 355
AMOUNT DUE HAS PREVIOUSLY BEEN PAID, THE BUREAU'S DETERMINATION 357
AND THE AMOUNT OF THE FINE DUE SHALL BE CONSIDERED A JUDGMENT AND 358
SHALL BE TREATED AS IF IT WERE A JUDGMENT RENDERED SUBSEQUENT TO 359
A HEARING HELD UNDER DIVISION (B) OF SECTION 765.08 OF THE 360
REVISED CODE.
(3) A PERSON WHO DENIES HAVING COMMITTED A LAND USE 362
INFRACTION SHALL BE GRANTED A HEARING CONCERNING THE INFRACTION. 363
THE BUREAU SHALL SET A DATE FOR THE HEARING AND NOTIFY THE 365
PERSON, IN WRITING, OF THE DATE, TIME, AND PLACE OF THE HEARING. 366
THE HEARING SHALL BE CONDUCTED BY A HEARING EXAMINER OF THE LAND 367
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USE VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS BUREAU IN 368
ACCORDANCE WITH SECTION 765.08 OF THE REVISED CODE. 369
(C) IF A PERSON WHO IS PERSONALLY OR CONSTRUCTIVELY SERVED 371
WITH A TICKET CHARGING THE COMMISSION OF A LAND USE INFRACTION 373
FAILS TO TIMELY ANSWER THE CHARGE, AS PROVIDED IN DIVISION (A) OF 374
THIS SECTION, THE LAND USE VIOLATIONS BUREAU OR JOINT LAND USE 375
VIOLATIONS BUREAU, WHICHEVER IS APPLICABLE, SHALL ISSUE THE
PROPER NOTIFICATIONS OF INFRACTION PURSUANT TO SECTION 765.07 OF 376
THE REVISED CODE, AND PROCEED ACCORDING TO THAT SECTION. FAILURE 378
TO TIMELY ANSWER A CHARGE MAY RESULT IN THE IMPOSITION OF THE 379
ADDITIONAL PENALTIES PRESCRIBED BY CODE, ORDINANCE, RESOLUTION, 380
OR REGULATION OF THE MUNICIPAL CORPORATION ENACTED UNDER SECTION 381
765.02 OF THE REVISED CODE OR BY THE COURT. 382
(D) THE ISSUANCE OF A TICKET, THE FILING OF OR FAILURE TO 385
FILE AN ANSWER BY A PERSON PERSONALLY OR CONSTRUCTIVELY SERVED 386
WITH THE TICKET, THE SUBSTANCE OF AN ANSWER, THE PAYMENT OF ANY 387
FINE, AND ANY OTHER RELEVANT INFORMATION SHALL BE ENTERED IN THE 388
RECORDS OF THE PARTICULAR BUREAU. 389
Sec. 765.07. (A) WHEN A PERSON IS PERSONALLY OR 391
CONSTRUCTIVELY SERVED WITH A TICKET CHARGING THE COMMISSION OF A 393
LAND USE INFRACTION IN ACCORDANCE WITH SECTION 765.03 OF THE 394
REVISED CODE AND THE PERSON FAILS TO ANSWER THE CHARGE WITHIN THE 396
TIME SPECIFIED BY THE MUNICIPAL CORPORATION UNDER SECTION 765.02 397
OF THE REVISED CODE, THE LAND USE VIOLATIONS BUREAU OR JOINT LAND 399
USE VIOLATIONS BUREAU THAT HAS JURISDICTION OVER THE INFRACTION 401
SHALL SEND A NOTIFICATION OF INFRACTION TO THAT PERSON.
(B) A NOTIFICATION OF INFRACTION SHALL BE SENT WITHIN 403
TWELVE MONTHS AFTER THE EXPIRATION OF THE TIME SPECIFIED BY THE 404
MUNICIPAL CORPORATION UNDER SECTION 765.02 OF THE REVISED CODE 406
FOR THE MAKING OF AN ANSWER, SHALL BE SENT BY FIRST CLASS MAIL, 407
AND SHALL CONTAIN ALL OF THE FOLLOWING: 408
(1) AN IDENTIFICATION OF THE LAND USE INFRACTION WITH 410
WHICH THE PERSON WAS CHARGED AND THE TIME AND DATE OF THE 411
INFRACTION, WHICH IDENTIFICATION MAY BE A COPY OF THE TICKET 413
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CHARGING THE INFRACTION THAT WAS PERSONALLY OR CONSTRUCTIVELY 414
SERVED UPON THE PERSON;
(2) AN IDENTIFICATION OF THE AMOUNT OF THE FINE, 416
PENALTIES, AND COSTS ARISING OUT OF THE INFRACTION THAT ARE DUE; 418
(3) A WARNING THAT THE PERSON MUST ANSWER THE INFRACTION 421
CHARGED IN THE TICKET WITHIN THIRTY DAYS OR A DEFAULT CIVIL 422
JUDGMENT IN THE AMOUNT OF THE FINE, PENALTIES, AND COSTS DUE MAY 423
BE ENTERED AGAINST THE PERSON;
(4) A DESCRIPTION OF THE ALLOWABLE ANSWERS THAT MAY BE 425
MADE AND NOTIFICATION THAT THE PERSON WILL BE AFFORDED A HEARING 426
BEFORE THE BUREAU IF THE PERSON DENIES IN THE ANSWER THAT THE 428
PERSON COMMITTED THE INFRACTION; 429
(5) AN IDENTIFICATION OF THE MANNERS IN WHICH AND THE 431
ENTITY TO WHICH AN ANSWER MAY BE MADE; 432
(6) A WARNING THAT IF THE PERSON FAILS TO APPEAR AT A 434
REQUESTED HEARING, A DEFAULT CIVIL JUDGMENT IN THE AMOUNT OF THE 435
FINE, PENALTIES, AND COSTS DUE MAY BE ENTERED AGAINST THE PERSON. 436
(C) A PERSON WHO RECEIVES A NOTIFICATION OF INFRACTION 438
UNDER THIS SECTION MAY ANSWER THE LAND USE INFRACTION WITH WHICH 440
THE PERSON IS CHARGED THAT IS IDENTIFIED IN THE NOTIFICATION OF 441
INFRACTION IN ANY OF THE MANNERS PROVIDED IN DIVISION (A) OF 442
SECTION 765.06 OF THE REVISED CODE FOR ANSWERS TO LAND USE 443
INFRACTIONS CHARGED IN A TICKET. AN ANSWER UNDER THIS SECTION 445
SHALL BE MADE WITHIN THIRTY DAYS AFTER THE DATE ON WHICH THE 446
NOTIFICATION OF INFRACTION WAS MAILED, AND SHALL BE IN ONE OF THE 447
FORMS SPECIFIED IN DIVISIONS (A)(1), (2), AND (3) OF SECTION
765.06 OF THE REVISED CODE FOR ANSWERS TO LAND USE INFRACTIONS 449
CHARGED IN A TICKET, EXCEPT THAT IF THE ANSWER INCLUDES PAYMENT 451
OF THE FINE ARISING OUT OF THE INFRACTION, ANY PENALTY ARISING 452
OUT OF THE INFRACTION ALSO SHALL BE PAID. THE ANSWER SHALL BE 453
GOVERNED BY DIVISION (B) OF SECTION 765.06 OF THE REVISED CODE 454
FOR ANSWERS RELATIVE TO LAND USE INFRACTIONS CHARGED IN A TICKET, 455
EXCEPT THAT ANY DETERMINATION OF THE AMOUNT TO BE PAID UNDER AN 456
ANSWER ADMITTING THE COMMISSION OF THE INFRACTION WITH 457
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EXPLANATION ALSO SHALL CONSIDER ANY PENALTY ARISING OUT OF THE 458
INFRACTION.
(D) IF A PERSON WHO IS ISSUED A NOTIFICATION OF INFRACTION 460
FAILS TO TIMELY ANSWER, AS PROVIDED IN DIVISION (C) OF THIS 461
SECTION, THE FAILURE TO ANSWER SHALL BE CONSIDERED AN ADMISSION 462
THAT THE PERSON COMMITTED THE LAND USE INFRACTION, AND A DEFAULT 463
CIVIL JUDGMENT, IN THE AMOUNT OF THE FINE, PENALTIES, AND COSTS 464
DUE, MAY BE ENTERED AGAINST THE PERSON. FAILURE TO TIMELY ANSWER 465
THE INFRACTION IDENTIFIED IN THE NOTIFICATION OF INFRACTION MAY 467
RESULT IN THE IMPOSITION OF THE ADDITIONAL PENALTIES PRESCRIBED 468
BY CODE, ORDINANCE, RESOLUTION, OR REGULATION OF THE MUNICIPAL 469
CORPORATION ENACTED UNDER SECTION 765.02 OF THE REVISED CODE OR 470
BY THE COURT.
(E) THE SENDING OF A NOTIFICATION OF INFRACTION, THE 472
FILING OF OR FAILURE TO FILE AN ANSWER BY THE PERSON TO WHOM IT 473
IS SENT, THE SUBSTANCE OF AN ANSWER, THE PAYMENT OF ANY FINE, AND 474
ANY OTHER RELEVANT INFORMATION SHALL BE ENTERED IN THE RECORDS OF 475
THE PARTICULAR BUREAU. 476
Sec. 765.08. (A) IF A PERSON WHO IS PERSONALLY OR 478
CONSTRUCTIVELY SERVED WITH A TICKET CHARGING THE COMMISSION OF A 480
LAND USE INFRACTION OR WHO RECEIVES A NOTIFICATION OF INFRACTION 481
DENIES, IN THE PERSON'S ANSWER TO THE CHARGE, HAVING COMMITTED
THE INFRACTION, THE LAND USE VIOLATIONS BUREAU OR JOINT LAND USE 484
VIOLATIONS BUREAU THAT HAS JURISDICTION SHALL CONDUCT A HEARING
TO DETERMINE IF THE PERSON COMMITTED THE INFRACTION. EACH 485
HEARING SHALL BE CONDUCTED BY A HEARING EXAMINER OF THE LAND USE 486
VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS BUREAU. EACH 487
HEARING SHALL BE CONDUCTED IN THE MANNER THE HEARING EXAMINER 489
CONSIDERS APPROPRIATE. RULES REGARDING THE ADMISSIBILITY OF 490
EVIDENCE SHALL NOT BE STRICTLY APPLIED IN THE HEARING, BUT ALL 491
TESTIMONY SHALL BE UNDER OATH. 492
AT THE HEARING, THE MUNICIPAL CORPORATION WHOSE CODE, 494
ORDINANCE, RESOLUTION, OR REGULATION ALLEGEDLY WAS VIOLATED AND 495
RESULTED IN THE CHARGE HAS THE BURDEN OF PROVING, BY A 496
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PREPONDERANCE OF THE EVIDENCE, THAT THE PERSON FOR WHOM THE 497
HEARING IS BEING CONDUCTED COMMITTED THE LAND USE INFRACTION. IF 498
THE PERSON, IN THE PERSON'S ANSWER, DENIED HAVING COMMITTED THE 499
INFRACTION AND REQUESTED THE PRESENCE AT THE HEARING OF THE LAW 501
ENFORCEMENT OFFICER WHO ISSUED THE TICKET, THE OFFICER SHALL BE 502
REQUIRED TO ATTEND THE HEARING UNLESS THE HEARING EXAMINER 503
DETERMINES THAT THE OFFICER'S PRESENCE IS NOT REQUIRED. IF THE 504
OFFICER'S PRESENCE AT THE HEARING HAS BEEN REQUESTED AND THE 505
OFFICER IS UNABLE TO ATTEND THE HEARING ON THE DAY AND AT THE 506
TIME SCHEDULED, THE HEARING EXAMINER MAY GRANT A REASONABLE 507
CONTINUANCE. THE PERSON FOR WHOM THE HEARING IS BEING CONDUCTED 508
MAY PRESENT ANY RELEVANT EVIDENCE AND TESTIMONY AT THE HEARING. 509
THE PERSON DOES NOT HAVE TO ATTEND THE HEARING IF THE PERSON 510
SUBMITS DOCUMENTARY EVIDENCE TO THE HEARING EXAMINER PRIOR TO THE 512
DAY OF THE HEARING.
THE MUNICIPAL CORPORATION SHALL SUBMIT THE ORIGINAL TICKET 515
THAT WAS PERSONALLY OR CONSTRUCTIVELY SERVED ON THE PERSON OR A 516
TRUE COPY OF THAT TICKET. THE TICKET IN PROPER FORM IS 517
PRIMA-FACIE EVIDENCE THAT THE PERSON TO WHOM THE TICKET WAS 518
SERVED WAS THE PERSON WHO COMMITTED THE LAND USE INFRACTION. THE 519
MUNICIPAL CORPORATION MAY PRESENT ADDITIONAL EVIDENCE AND 520
TESTIMONY AT THE HEARING. THE MUNICIPAL CORPORATION DOES NOT 521
HAVE TO BE REPRESENTED AT THE HEARING BY AN ATTORNEY. 522
(B)(1) IF A PERSON FOR WHOM A HEARING IS TO BE CONDUCTED 524
UNDER DIVISION (A) OF THIS SECTION APPEARS AT THE SCHEDULED 525
HEARING OR SUBMITS EVIDENCE IN ACCORDANCE WITH THAT DIVISION, THE 526
HEARING EXAMINER SHALL CONSIDER ALL EVIDENCE AND TESTIMONY 528
PRESENTED AND SHALL DETERMINE WHETHER THE MUNICIPAL CORPORATION 529
HAS ESTABLISHED, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE 530
PERSON COMMITTED THE LAND USE INFRACTION. IF THE HEARING
EXAMINER DETERMINES THAT THE PERSON COMMITTED THE INFRACTION, AN 532
ORDER INDICATING THE DETERMINATION AS A JUDGMENT AGAINST THE 533
PERSON AND REQUIRING THE PERSON TO PAY THE APPROPRIATE FINE AND 534
ANY ADDITIONAL PENALTIES SHALL BE ENTERED IN THE RECORDS OF THE 535
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LAND USE VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS BUREAU, 536
WHICHEVER IS APPLICABLE.
(2) IF A PERSON FOR WHOM A HEARING IS TO BE CONDUCTED 538
UNDER DIVISION (A) OF THIS SECTION FAILS TO APPEAR AT THE 539
SCHEDULED HEARING AND FAILS TO SUBMIT EVIDENCE IN ACCORDANCE WITH 540
THAT DIVISION, THE HEARING EXAMINER, AFTER DETERMINING FROM ANY 541
EVIDENCE AND TESTIMONY PRESENTED AT THE HEARING, BY A 544
PREPONDERANCE OF THE EVIDENCE, THAT THE PERSON COMMITTED THE LAND 545
USE INFRACTION, SHALL ENTER A DEFAULT JUDGMENT AGAINST THE PERSON 546
AND REQUIRE THE PERSON TO PAY THE APPROPRIATE FINE AND ANY 547
ADDITIONAL PENALTIES. A DEFAULT JUDGMENT ENTERED UNDER THIS 548
DIVISION SHALL BE ENTERED IN THE RECORDS OF THE LAND USE 549
VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS BUREAU, WHICHEVER 550
IS APPLICABLE. 551
(3) IF A PERSON WHO IS SENT A NOTIFICATION OF INFRACTION 553
UNDER SECTION 765.07 OF THE REVISED CODE DOES NOT TIMELY ANSWER, 555
AS PROVIDED IN DIVISION (C) OF THAT SECTION, THE HEARING EXAMINER 556
OF THE LAND USE VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS 557
BUREAU, WHICHEVER IS APPLICABLE, AFTER DETERMINING FROM ANY 558
EVIDENCE AND TESTIMONY PRESENTED BY THE MUNICIPAL CORPORATION, BY 560
A PREPONDERANCE OF THE EVIDENCE, THAT THE PERSON COMMITTED THE
LAND USE INFRACTION, SHALL ENTER A DEFAULT JUDGMENT AGAINST THE 561
PERSON AND REQUIRE THE PERSON TO PAY THE APPROPRIATE FINE AND ANY 562
ADDITIONAL PENALTIES. A DEFAULT JUDGMENT ENTERED UNDER THIS 563
DIVISION SHALL BE ENTERED IN THE RECORDS OF THE LAND USE 564
VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS BUREAU, WHICHEVER 565
IS APPLICABLE. 566
(4) IF THE HEARING EXAMINER DOES NOT DETERMINE, BY A 569
PREPONDERANCE OF THE EVIDENCE, THAT A PERSON IN ANY OF THE
CLASSES DESCRIBED IN DIVISION (B)(1), (2), OR (3) OF THIS SECTION 570
COMMITTED THE LAND USE INFRACTION, THE HEARING EXAMINER SHALL 572
ENTER JUDGMENT AGAINST THE MUNICIPAL CORPORATION WHOSE CODE,
ORDINANCE, RESOLUTION, OR REGULATION ALLEGEDLY WAS VIOLATED, 573
SHALL DISMISS THE CHARGE OF THE INFRACTION AGAINST THE PERSON, 574
15
AND SHALL ENTER THE JUDGMENT AND DISMISSAL IN THE RECORDS OF THE 575
LAND USE VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS BUREAU, 576
WHICHEVER IS APPLICABLE. 578
(5) A DEFAULT JUDGMENT ENTERED UNDER THIS SECTION MAY BE 580
VACATED BY THE HEARING EXAMINER WHO ENTERED IT IF ALL OF THE 582
FOLLOWING APPLY:
(a) THE PERSON AGAINST WHOM THE DEFAULT JUDGMENT WAS 584
ENTERED FILES A MOTION WITH THE PROPER LAND USE VIOLATIONS BUREAU 585
OR JOINT LAND USE VIOLATIONS BUREAU WITHIN ONE YEAR AFTER THE 586
DATE OF ENTRY OF THE JUDGMENT. 587
(b) THE MOTION SETS FORTH A SUFFICIENT DEFENSE TO THE LAND 590
USE INFRACTION OUT OF WHICH THE JUDGMENT AROSE.
(c) THE MOTION SETS FORTH EXCUSABLE NEGLECT AS TO THE 592
PERSON'S FAILURE TO ATTEND THE HEARING OR ANSWER THE NOTIFICATION 593
OF INFRACTION. 594
(C) PAYMENT OF ANY JUDGMENT OR DEFAULT JUDGMENT ENTERED 596
AGAINST A PERSON UNDER THIS SECTION SHALL BE MADE TO THE 597
VIOLATIONS CLERK OF THE LAND USE VIOLATIONS BUREAU OR JOINT LAND 598
USE VIOLATIONS BUREAU IN WHICH THE JUDGMENT WAS ENTERED, WITHIN 599
TEN DAYS AFTER THE DATE OF ENTRY. ALL MONEY PAID IN SATISFACTION 600
OF A JUDGMENT OR DEFAULT JUDGMENT SHALL BE DISBURSED BY THE CLERK 601
TO THE MUNICIPAL CORPORATION WHOSE CODE, ORDINANCE, RESOLUTION, 602
OR REGULATION WAS VIOLATED, AND THE CLERK SHALL ENTER THE FACT OF 603
PAYMENT OF THE MONEY AND ITS DISBURSEMENT IN THE RECORDS OF THE 604
BUREAU. IF PAYMENT IS NOT MADE WITHIN THIS TIME PERIOD, THE 606
JUDGMENT OR DEFAULT JUDGMENT MAY BE FILED WITH THE CLERK OF THE 607
MUNICIPAL COURT OR COUNTY COURT WITHIN WHOSE TERRITORIAL
JURISDICTION THE CODE, ORDINANCE, RESOLUTION, OR REGULATION WAS 608
VIOLATED, AND WHEN SO FILED, HAS THE SAME FORCE AND EFFECT AS A 610
MONEY JUDGMENT IN A CIVIL ACTION RENDERED IN THAT COURT.
JUDGMENTS AND DEFAULT JUDGMENTS FILED WITH A COURT UNDER 613
THIS DIVISION SHALL BE MAINTAINED IN AN INDEX AND JUDGMENT ROLL 614
SEPARATE FROM OTHER JUDGMENTS RENDERED IN THE COURT. COMPUTER 615
PRINTOUTS, MICROFILM, MICRODOT, MICROFICHE, OR OTHER SIMILAR DATA 616
16
RECORDING TECHNIQUES MAY BE UTILIZED TO RECORD SUCH JUDGMENTS. 617
WHEN A JUDGMENT OR DEFAULT JUDGMENT IS FILED WITH A COURT, 618
EXECUTION MAY BE LEVIED, AND SUCH OTHER MEASURES MAY BE TAKEN FOR 619
ITS COLLECTION AS ARE AUTHORIZED FOR THE COLLECTION OF AN UNPAID 620
MONEY JUDGMENT IN A CIVIL ACTION RENDERED IN THAT COURT. THE 621
MUNICIPAL OR COUNTY COURT MAY ASSESS COSTS AGAINST THE JUDGMENT 622
DEBTOR, IN AN AMOUNT NOT EXCEEDING TEN DOLLARS FOR EACH LAND USE 623
INFRACTION, TO BE PAID UPON SATISFACTION OF THE JUDGMENT. 624
(D) ANY PERSON AGAINST WHOM A JUDGMENT OR DEFAULT JUDGMENT 626
IS ENTERED PURSUANT TO THIS SECTION AND ANY MUNICIPAL CORPORATION 627
AGAINST WHICH A JUDGMENT IS ENTERED UNDER THIS SECTION MAY APPEAL 629
THE JUDGMENT OR DEFAULT JUDGMENT TO THE MUNICIPAL COURT OR COUNTY 630
COURT WITHIN WHOSE TERRITORIAL JURISDICTION THE CODE, ORDINANCE,
RESOLUTION, OR REGULATION WAS VIOLATED BY FILING NOTICES OF 632
APPEAL WITH THE LAND USE VIOLATIONS BUREAU OR JOINT LAND USE 633
VIOLATIONS BUREAU IN WHICH THE JUDGMENT WAS ENTERED, AND WITH THE 635
MUNICIPAL OR COUNTY COURT WITHIN FIFTEEN DAYS AFTER THE DATE OF 636
ENTRY OF THE JUDGMENT AND BY THE PAYMENT OF SUCH REASONABLE COSTS 637
AS THE COURT REQUIRES. UPON THE FILING OF AN APPEAL, THE COURT 638
SHALL SCHEDULE A HEARING DATE AND NOTIFY THE PARTIES OF THE DATE, 640
TIME, AND PLACE OF THE HEARING. THE HEARING SHALL BE HELD BY THE 641
COURT IN ACCORDANCE WITH THE RULES OF THE COURT. SERVICE OF A 642
NOTICE OF APPEAL UNDER THIS DIVISION BY A PERSON DOES NOT STAY 643
ENFORCEMENT AND COLLECTION OF THE JUDGMENT OR DEFAULT JUDGMENT 644
FROM WHICH APPEAL IS TAKEN BY THE PERSON UNLESS THE PERSON WHO 645
FILES THE APPEAL POSTS BOND WITH THE LAND USE VIOLATIONS BUREAU 646
OR JOINT LAND USE VIOLATIONS BUREAU IN THE AMOUNT OF THE 648
JUDGMENT, PLUS COURT COSTS, AT OR BEFORE SERVICE OF THE NOTICE OF 649
APPEAL.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE JUDGMENT ON 651
APPEAL OF THE MUNICIPAL OR COUNTY COURT IS FINAL, AND NO OTHER 653
APPEAL OF THE JUDGMENT OF THE LAND USE VIOLATIONS BUREAU OR JOINT 654
LAND USE VIOLATIONS BUREAU, WHICHEVER IS APPLICABLE, AND NO 655
APPEAL OF THE JUDGMENT OF THE MUNICIPAL OR COUNTY COURT MAY BE 656
17
TAKEN.
(E) A JUDGMENT OR DEFAULT JUDGMENT ENTERED UNDER THIS 659
SECTION MAY BE FILED WITH A MUNICIPAL COURT OR COUNTY COURT UNDER 660
DIVISION (C) OF THIS SECTION AT ANY TIME WITHIN THREE YEARS AFTER 661
THE DATE OF ISSUANCE OF THE TICKET CHARGING THE LAND USE 662
INFRACTION OUT OF WHICH THE JUDGMENT AROSE. THIS DIVISION 663
APPLIES TO ANY TICKET ISSUED FOR AN OFFENSE THAT WOULD BE A LAND 664
USE INFRACTION ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, IF 665
THE TICKET WAS ISSUED WITHIN THREE YEARS PRIOR TO THE EFFECTIVE 666
DATE OF THIS SECTION AND A WARRANT HAS NOT BEEN ISSUED AND SERVED 667
ON THE PERSON INVOLVED IN THE OFFENSE. 668
Section 2. Chapter 765. of the Revised Code shall be known 670
as "Noncriminal Land Use Infractions." 671