(B) If the auditor of state finds, in an audit report issued | 40 |
under
division (A) or (B) of section 117.11 of the
Revised Code of | 41 |
a
village that has a population of one
hundred
fifty persons or | 42 |
less
and consists of less than two
square
miles, that
the village | 43 |
meets at least two conditions for
surrendering
corporate powers, | 44 |
the auditor of
state shall send a certified
copy
of the
report | 45 |
together with a letter to the attorney general requesting the | 46 |
attorney general to institute legal action to dissolve the village | 47 |
in accordance with
division (C) of this
section. The report and | 48 |
letter shall be sent
to the attorney general within
ten business | 49 |
days after
the auditor of state's
transmittal of the
report to the | 50 |
village. The audit report transmitted to the village shall be | 51 |
accompanied by a notice to the village of the auditor's intent to | 52 |
refer the report to the attorney general for legal action in | 53 |
accordance with this section. | 54 |
(C) Within twenty days of receipt of the auditor of state's | 55 |
report and
letter, the attorney general may file a legal action in | 56 |
the court of common pleas on behalf of the state to request the | 57 |
dissolution of the village that is the subject of the audit | 58 |
report. If a legal action is filed, the court shall hold a hearing | 59 |
within ninety days after the date the attorney general files the | 60 |
legal action with the court. Notice of the hearing shall be filed | 61 |
with the attorney general, the clerk of the village that is the | 62 |
subject of the action, and each clerk of a township located wholly | 63 |
or partly within the village. | 64 |
At the hearing on dissolution, the court shall determine if | 65 |
the village has a population of one hundred fifty persons or less, | 66 |
consists of less than two square miles, and meets at least two | 67 |
conditions for surrendering corporate powers. If the court so | 68 |
finds, it shall order the dissolution of the village and provide | 69 |
for the surrender of corporate powers in accordance with section | 70 |
703.21 of the Revised Code. The attorney general shall file a | 71 |
certified copy of the court's order of dissolution with the | 72 |
secretary of state
and the county recorder of the county in which | 73 |
the village is situated,
who shall record it in their respective | 74 |
offices. Upon the
recording in the county recorder's office, the | 75 |
corporate powers of
the village
shall cease. | 76 |
Sec. 703.21. The surrender of corporate powers by a village | 85 |
under section
703.20
or 703.201 of the Revised Code does
not | 86 |
affect vested rights or accrued
liabilities of the village, or
the | 87 |
power to settle claims,
dispose of
property, or levy and
collect | 88 |
taxes to pay existing obligations, but. But, after
the | 89 |
presentation of the petition mentioned in
that section
703.20 of | 90 |
the Revised Code or receipt of the audit report and notice | 91 |
mentioned in
section 703.201 of the Revised Code,
the legislative | 92 |
authority of
the village shall not create any new liability until | 93 |
the result
of
the election
under section 703.20 of the Revised | 94 |
Code is declared
or the decision of the court of common pleas | 95 |
under division (C) of section
703.201
of the Revised Code is | 96 |
declared, or thereafter, if the
result, in
either case, is
in | 97 |
favor offor the
surrender of
the
village's
corporate powers. Due | 98 |
If the auditor of state notifies the village that the attorney | 99 |
general may file a legal action under section 703.201 of the | 100 |
Revised Code, but the attorney general does not file such an | 101 |
action, the village shall not create any new liability for thirty | 102 |
days after receipt of the auditor of state's notice. | 103 |
Due and unpaid taxes may be collected
after
the
surrender of | 104 |
corporate powers, and all moneys or property remaining after
the | 105 |
surrender
belongs to the township or townships
located wholly
or | 106 |
partly within the village. If more than one township
is to
receive | 107 |
the remaining money or property, the money and property
shall be | 108 |
divided among the townships in proportion to the amount
of | 109 |
territory that each
township has within the village boundaries
as | 110 |
compared to the total township
territory within the village. | 111 |
Sec. 1905.01. (A) In
Georgetown in Brown county, in Mount | 112 |
Gilead in Morrow county, and in all
other municipal corporations | 113 |
having a population of more than one hundred,
other than
Batavia | 114 |
in Clermont
county, not being
the site of a
municipal court nor a | 115 |
place where
a judge of the
Auglaize county,
Crawford county, | 116 |
Jackson county,
Miami county,
Portage county, or
Wayne county | 117 |
municipal court sits
as required
pursuant to section
1901.021 of | 118 |
the Revised Code or by
designation of the judges
pursuant to | 119 |
section 1901.021 of the
Revised Code, the mayor of the
municipal | 120 |
corporation has
jurisdiction, except as provided in
divisions (B), | 121 |
(C), and (E) of
this
section and subject to the
limitation | 122 |
contained in section
1905.03 and the limitation
contained in | 123 |
section 1905.031 of the
Revised Code, to hear and
determine any | 124 |
prosecution for the
violation of an ordinance of the
municipal | 125 |
corporation, to hear
and determine any case involving a
violation | 126 |
of a vehicle parking
or standing ordinance of the
municipal | 127 |
corporation unless the
violation is required to be
handled by a | 128 |
parking violations
bureau
or joint parking violations
bureau | 129 |
pursuant to Chapter
4521. of
the Revised Code, and to hear
and | 130 |
determine all criminal
causes
involving any moving traffic | 131 |
violation occurring on a
state
highway located within the | 132 |
boundaries of the municipal
corporation, subject to the | 133 |
limitations of sections 2937.08 and
2938.04 of the Revised Code. | 134 |
(B)(1) In
Georgetown in Brown county, in Mount Gilead in | 135 |
Morrow county, and in all
other
municipal corporations having a | 136 |
population of more than one hundred, other than
Batavia
in | 137 |
Clermont county, not
being the site of
a municipal
court nor a | 138 |
place where a judge of a
court listed in
division (A)
of this | 139 |
section sits as required
pursuant to section
1901.021 of
the | 140 |
Revised Code or by designation
of the judges
pursuant to
section | 141 |
1901.021 of the Revised Code,
the mayor of
the municipal | 142 |
corporation has jurisdiction, subject
to the
limitation contained | 143 |
in section 1905.03 of the Revised
Code, to
hear and determine | 144 |
prosecutions involving a violation of
an
ordinance of the | 145 |
municipal corporation relating to operating a
vehicle while under | 146 |
the influence of alcohol, a drug of abuse, or
alcohol and a drug | 147 |
of abuse or relating to operating a vehicle
with a prohibited | 148 |
concentration of alcohol in the blood, breath,
or urine, and to | 149 |
hear and determine criminal causes involving a
violation of | 150 |
section 4511.19 of the Revised Code that occur on a
state highway | 151 |
located within the boundaries of the municipal
corporation, | 152 |
subject to the limitations of sections 2937.08 and
2938.04 of the | 153 |
Revised Code, only if the person charged with the
violation, | 154 |
within six years of the date of the violation
charged,
has not | 155 |
been convicted of or pleaded guilty to any of
the
following: | 156 |
(i) The person, in the case in which the conviction was | 167 |
obtained or the plea of guilty was entered, had been charged with | 168 |
a violation of an ordinance of any municipal corporation relating | 169 |
to operating a vehicle while under the influence of alcohol, a | 170 |
drug of abuse, or alcohol and a drug of abuse or relating to | 171 |
operating a vehicle with a prohibited concentration of alcohol in | 172 |
the blood, breath, or urine, or with a violation of section | 173 |
4511.19 of the Revised Code; | 174 |
(2) The mayor of a municipal corporation does not have | 185 |
jurisdiction to hear and determine any prosecution or criminal | 186 |
cause involving a violation described in division (B)(1)(a) or
(b) | 187 |
of this section, regardless of where the violation occurred,
if | 188 |
the person charged with the violation, within six years of
the | 189 |
violation charged, has been convicted of or pleaded guilty to
any | 190 |
violation listed in division (B)(1)(a), (b), (c), or
(d) of this | 191 |
section. | 192 |
If the mayor of a municipal corporation, in hearing a | 193 |
prosecution involving a violation of an ordinance of the
municipal | 194 |
corporation the mayor serves relating to operating
a vehicle while | 195 |
under the influence of alcohol, a drug of abuse, or alcohol
and a | 196 |
drug of abuse or relating to operating a vehicle with a
prohibited | 197 |
concentration of alcohol in the blood, breath, or
urine, or in | 198 |
hearing a criminal cause involving a violation of
section 4511.19 | 199 |
of the Revised Code, determines that the person
charged, within | 200 |
six years of the violation charged, has
been
convicted of or | 201 |
pleaded guilty to any violation listed in
division (B)(1)(a), (b), | 202 |
(c), or (d) of this
section, the mayor
immediately shall transfer | 203 |
the case to the county court or
municipal court with jurisdiction | 204 |
over the violation charged, in
accordance with section 1905.032 of | 205 |
the Revised Code. | 206 |
(C)(1) In
Georgetown in Brown county, in Mount Gilead in | 207 |
Morrow county, and in all
other
municipal corporations having a | 208 |
population of more than one hundred, other than
Batavia
in | 209 |
Clermont county, not
being the site of
a municipal
court and not | 210 |
being a place where a
judge of a court
listed in
division (A) of | 211 |
this section sits as
required pursuant
to section
1901.021 of the | 212 |
Revised Code or by
designation of the
judges
pursuant to section | 213 |
1901.021 of the
Revised Code, the
mayor of the
municipal | 214 |
corporation, subject to
sections 1901.031,
2937.08, and
2938.04 of | 215 |
the Revised Code, has
jurisdiction to
hear and
determine | 216 |
prosecutions involving a
violation of a
municipal
ordinance that | 217 |
is substantially
equivalent to division
(B)(1) or
(D)(2) of | 218 |
section 4507.02 of the
Revised Code and to
hear and
determine | 219 |
criminal causes that
involve a moving traffic
violation,
that | 220 |
involve a violation of
division (B)(1) or (D)(2)
of section | 221 |
4507.02 of the Revised Code,
and that occur on a state
highway | 222 |
located within the boundaries of
the municipal
corporation only if | 223 |
all of the following apply
regarding the
violation and the person | 224 |
charged: | 225 |
(iii) A violation of any municipal ordinance or section of | 237 |
the Revised Code that regulates the operation of vehicles, | 238 |
streetcars, and trackless trolleys upon the highways or streets, | 239 |
in a case in which, after a charge against the person of a | 240 |
violation of a type described in division (C)(1)(a)(i) or (ii) of | 241 |
this section was dismissed or reduced, the person is convicted of | 242 |
or pleads guilty to a violation that arose out of the same facts | 243 |
and circumstances and the same act as did the charge that was | 244 |
dismissed or reduced. | 245 |
(iii) A violation of any municipal ordinance or section of | 257 |
the Revised Code that regulates the operation of vehicles, | 258 |
streetcars, and trackless trolleys upon the highways or streets
in | 259 |
a case in which, after a charge against the person of a
violation | 260 |
of a type described in division (C)(1)(b)(i) or (ii) of
this | 261 |
section was dismissed or reduced, the person is convicted of
or | 262 |
pleads guilty to a violation that arose out of the same facts
and | 263 |
circumstances and the same act as did the charge that was | 264 |
dismissed or reduced. | 265 |
(2) The mayor of a municipal corporation does not have | 266 |
jurisdiction to hear and determine any prosecution or criminal | 267 |
cause involving a violation described in division (C)(1)(a)(i) or | 268 |
(ii) of this section if the person charged with the violation, | 269 |
within five years of the violation charged, has been convicted of | 270 |
or pleaded guilty to any violation listed in division | 271 |
(C)(1)(a)(i), (ii), or (iii) of this section and does not have | 272 |
jurisdiction to hear and determine any prosecution or criminal | 273 |
cause involving a violation described in division (C)(1)(b)(i) or | 274 |
(ii) of this section if the person charged with the violation, | 275 |
within five years of the violation charged, has been convicted of | 276 |
or pleaded guilty to any violation listed in division | 277 |
(C)(1)(b)(i), (ii), or (iii) of this section. | 278 |
(3) If the mayor of a municipal corporation, in hearing a | 279 |
prosecution involving a violation of an ordinance of the
municipal | 280 |
corporation the mayor serves that is substantially
equivalent
to | 281 |
division (B)(1) or (D)(2) of section 4507.02 of the Revised
Code | 282 |
or a violation of division (B)(1) or (D)(2) of section
4507.02 of | 283 |
the Revised Code, determines that, under division
(C)(2) of this | 284 |
section, mayors do not have jurisdiction
of the prosecution, the | 285 |
mayor immediately shall transfer the case to the
county court or | 286 |
municipal court with jurisdiction over the violation in
accordance | 287 |
with section 1905.032 of the Revised Code. | 288 |
(D) If the mayor of a municipal corporation has
jurisdiction | 289 |
pursuant to division (B)(1) of this section to hear
and determine | 290 |
a prosecution or criminal cause involving a
violation described in | 291 |
division (B)(1)(a) or (b) of this section,
the authority of the | 292 |
mayor to hear or determine the prosecution
or cause is subject to | 293 |
the limitation contained in division (C)
of section 1905.03 of the | 294 |
Revised Code. If the mayor of a
municipal corporation has | 295 |
jurisdiction pursuant to division (A)
or (C) of this section to | 296 |
hear and determine a prosecution or
criminal cause involving a | 297 |
violation other than a violation
described in division (B)(1)(a) | 298 |
or (b) of this section, the
authority of the mayor to hear or | 299 |
determine the prosecution or
cause is subject to the limitation | 300 |
contained in division
(C) of section 1905.031 of the Revised Code. | 301 |
Sec. 1905.01. (A) In
Georgetown in Brown county, in Mount | 332 |
Gilead in Morrow county, and in all
other municipal corporations | 333 |
having a population of more than one hundred,
other than
Batavia | 334 |
in Clermont county, not being
the site of a
municipal
court nor a | 335 |
place where a judge of the
Auglaize county,
Crawford
county, | 336 |
Jackson county, Miami county,
Portage county, or
Wayne
county | 337 |
municipal court sits as required
pursuant to section
1901.021 of | 338 |
the Revised Code or by
designation of the judges
pursuant to | 339 |
section 1901.021 of the
Revised Code, the mayor of the
municipal | 340 |
corporation has
jurisdiction, except as provided in
divisions (B), | 341 |
(C), and (E) of this
section and subject to the
limitation | 342 |
contained in section
1905.03 and the limitation
contained in | 343 |
section 1905.031 of the
Revised Code, to hear and
determine any | 344 |
prosecution for the
violation of an ordinance of the
municipal | 345 |
corporation, to hear
and determine any case involving a
violation | 346 |
of a vehicle parking
or standing ordinance of the
municipal | 347 |
corporation unless the
violation is required to be
handled by a | 348 |
parking violations
bureau or joint parking violations
bureau | 349 |
pursuant to Chapter
4521. of the Revised Code, and to hear
and | 350 |
determine all criminal
causes involving any moving traffic | 351 |
violation occurring on a
state highway located within the | 352 |
boundaries of the municipal
corporation, subject to the | 353 |
limitations of sections 2937.08 and
2938.04 of the Revised Code. | 354 |
(B)(1) In
Georgetown in Brown county, in Mount Gilead in | 355 |
Morrow county, and in all
other municipal corporations having a | 356 |
population of more than one hundred, other than
Batavia
in | 357 |
Clermont county, not being the site of
a municipal
court nor a | 358 |
place where a judge of a court listed in
division (A)
of this | 359 |
section sits as required pursuant to section
1901.021 of
the | 360 |
Revised Code or by designation of the judges
pursuant to
section | 361 |
1901.021 of the Revised Code, the mayor of
the municipal | 362 |
corporation has jurisdiction, subject to the
limitation contained | 363 |
in section 1905.03 of the Revised Code, to
hear and determine | 364 |
prosecutions involving a violation of an
ordinance of the | 365 |
municipal corporation relating to operating a
vehicle while under | 366 |
the influence of alcohol, a drug of abuse, or
a
combination of | 367 |
them or relating to operating a vehicle
with a prohibited | 368 |
concentration of alcohol in the
whole blood,
blood serum or | 369 |
plasma, breath,
or urine, and to
hear and determine
criminal | 370 |
causes involving a
violation of
section 4511.19 of the
Revised | 371 |
Code that occur on a
state highway
located within the
boundaries | 372 |
of the municipal
corporation,
subject to the
limitations of | 373 |
sections 2937.08 and
2938.04 of the
Revised Code,
only if the | 374 |
person charged with the
violation,
within six years of
the date of | 375 |
the violation
charged, has not
been convicted of or
pleaded guilty | 376 |
to any of
the following: | 377 |
(2) The mayor of a municipal corporation does not have | 403 |
jurisdiction to hear and determine any prosecution or criminal | 404 |
cause involving a violation described in division (B)(1)(a) or
(b) | 405 |
of this section, regardless of where the violation occurred,
if | 406 |
the person charged with the violation, within six years of
the | 407 |
violation charged, has been convicted of or pleaded guilty to
any | 408 |
violation listed in division (B)(1)(a), (b), (c), or
(d) of this | 409 |
section. | 410 |
If the mayor of a municipal corporation, in hearing a | 411 |
prosecution involving a violation of an ordinance of the
municipal | 412 |
corporation the mayor serves relating to operating
a vehicle while | 413 |
under the influence of alcohol, a drug of abuse, or
a
combination | 414 |
of them or relating to operating a
vehicle with a
prohibited | 415 |
concentration of alcohol in the
whole
blood,
blood
serum or | 416 |
plasma, breath, or
urine, or in
hearing a
criminal cause
involving | 417 |
a violation of
section 4511.19
of the
Revised Code,
determines | 418 |
that the person
charged, within
six years
of the
violation | 419 |
charged, has
been
convicted of or
pleaded guilty
to any
violation | 420 |
listed in
division (B)(1)(a), (b),
(c), or (d) of
this
section, | 421 |
the mayor
immediately shall transfer
the case to the
county court | 422 |
or
municipal court with jurisdiction
over the
violation charged, | 423 |
in
accordance with section 1905.032 of
the
Revised Code. | 424 |
(C)(1) In
Georgetown in Brown county, in Mount Gilead in | 425 |
Morrow county, and in all
other municipal corporations having a | 426 |
population of more than one hundred, other than
Batavia
in | 427 |
Clermont county, not being the site of
a municipal
court and not | 428 |
being a place where a judge of a court
listed in
division (A) of | 429 |
this section sits as required pursuant
to section
1901.021 of the | 430 |
Revised Code or by designation of the
judges
pursuant to section | 431 |
1901.021 of the Revised Code, the
mayor of the
municipal | 432 |
corporation, subject to sections 1901.031,
2937.08, and
2938.04 of | 433 |
the Revised Code, has jurisdiction to
hear and
determine | 434 |
prosecutions involving a violation of a
municipal
ordinance that | 435 |
is substantially equivalent to division
(A)
of
section 4510.14 or | 436 |
section
4510.16 of the Revised Code and
to
hear and determine | 437 |
criminal causes that involve a moving
traffic
violation, that | 438 |
involve a violation of division
(A)
of section
4510.14 or section
| 439 |
4510.16 of the
Revised Code, and that occur on
a state
highway | 440 |
located within the
boundaries of the municipal
corporation only if | 441 |
all of the
following apply regarding the
violation and the person | 442 |
charged: | 443 |
(iii) A violation of any municipal ordinance or section of | 453 |
the Revised Code that regulates the operation of vehicles, | 454 |
streetcars, and trackless trolleys upon the highways or streets, | 455 |
in a case in which, after a charge against the person of a | 456 |
violation of a type described in division (C)(1)(a)(i) or (ii) of | 457 |
this section was dismissed or reduced, the person is convicted of | 458 |
or pleads guilty to a violation that arose out of the same facts | 459 |
and circumstances and the same act as did the charge that was | 460 |
dismissed or reduced. | 461 |
(iii) A violation of any municipal ordinance or section of | 473 |
the Revised Code that regulates the operation of vehicles, | 474 |
streetcars, and trackless trolleys upon the highways or streets
in | 475 |
a case in which, after a charge against the person of a
violation | 476 |
of a type described in division (C)(1)(b)(i) or (ii) of
this | 477 |
section was dismissed or reduced, the person is convicted of
or | 478 |
pleads guilty to a violation that arose out of the same facts
and | 479 |
circumstances and the same act as did the charge that was | 480 |
dismissed or reduced. | 481 |
(2) The mayor of a municipal corporation does not have | 482 |
jurisdiction to hear and determine any prosecution or criminal | 483 |
cause involving a violation described in division (C)(1)(a)(i) or | 484 |
(ii) of this section if the person charged with the violation, | 485 |
within
six years of the violation charged, has been convicted
of | 486 |
or pleaded guilty to any violation listed in division | 487 |
(C)(1)(a)(i), (ii), or (iii) of this section and does not have | 488 |
jurisdiction to hear and determine any prosecution or criminal | 489 |
cause involving a violation described in division (C)(1)(b)(i) or | 490 |
(ii) of this section if the person charged with the violation, | 491 |
within
six years of the violation charged, has been convicted
of | 492 |
or pleaded guilty to any violation listed in division | 493 |
(C)(1)(b)(i), (ii), or (iii) of this section. | 494 |
(3) If the mayor of a municipal corporation, in hearing a | 495 |
prosecution involving a violation of an ordinance of the
municipal | 496 |
corporation the mayor serves that is substantially
equivalent to | 497 |
division
(A)
of section
4510.14 or section
4510.16 of the
Revised | 498 |
Code or a violation of division
(A)
of section 4510.14 or
section
| 499 |
4510.16 of the
Revised Code, determines that, under
division | 500 |
(C)(2) of this section, mayors do not have jurisdiction
of the | 501 |
prosecution, the mayor immediately shall transfer the case
to the | 502 |
county court or municipal court with jurisdiction over the | 503 |
violation in
accordance with section 1905.032 of the Revised Code. | 504 |
(D) If the mayor of a municipal corporation has
jurisdiction | 505 |
pursuant to division (B)(1) of this section to hear
and determine | 506 |
a prosecution or criminal cause involving a
violation described in | 507 |
division (B)(1)(a) or (b) of this section,
the authority of the | 508 |
mayor to hear or determine the prosecution
or cause is subject to | 509 |
the limitation contained in division (C)
of section 1905.03 of the | 510 |
Revised Code. If the mayor of a
municipal corporation has | 511 |
jurisdiction pursuant to division (A)
or (C) of this section to | 512 |
hear and determine a prosecution or
criminal cause involving a | 513 |
violation other than a violation
described in division (B)(1)(a) | 514 |
or (b) of this section, the
authority of the mayor to hear or | 515 |
determine the prosecution or
cause is subject to the limitation | 516 |
contained in division
(C) of section 1905.031 of the Revised Code. | 517 |