| Sec. 3735.27. (A) Whenever the director of development
has | 6 |
|
determined that there is need for a housing authority in any | 7 |
|
portion of any county that comprises two or more political | 8 |
subdivisions or portions
thereofof two or more political | 9 |
|
subdivisions but is less than all the
territory within the county, | 10 |
|
a metropolitan housing authority
shall be declared to exist, and | 11 |
the territorial limits
thereofof the authority shall be defined, | 12 |
|
by a letter from the director. The director
shall issue a | 13 |
|
determination from the department of development
declaring that | 14 |
there is need for a housing authority within
suchthose | 15 |
|
territorial limits
after finding either
of the following: | 16 |
| In determining whether dwelling accommodations are unsafe
or | 24 |
|
unsanitary, the director may take into consideration the degree
of | 25 |
|
congestion, the percentage of land coverage, the light, air, | 26 |
space, and access available to the inhabitants of
suchthe | 27 |
dwelling
accommodations, the size and arrangement of
the rooms, | 28 |
|
the
sanitary facilities, and the extent to which conditions exist | 29 |
in
such buildings whichthe dwelling accommodations that endanger | 30 |
|
life or property by fire or other
causes. | 31 |
The territorial limits of a
metropolitan housing authority, | 32 |
as defined by
the
director,under this division shall be fixed for | 33 |
suchthe authority upon proof of a
letter
from the director | 34 |
declaring the need for
suchthe authority to
function in those | 35 |
|
territorial limits. Any such letter from the
director, any | 36 |
|
certificate of determination issued by the
director,
and any | 37 |
|
certificate of appointment of members of the
authority
shall be | 38 |
|
admissible in evidence in any suit, action, or
proceeding. | 39 |
A certified copy of the letter from the director, declaring | 40 |
the existence
of a metropolitan housing authority and
boundaries | 41 |
the territorial limits of
aits metropolitan housing authority | 42 |
district,
shall be
immediately forwarded to each appointing | 43 |
authority. A
metropolitan housing authority shall consist of
five | 44 |
members, who
shall be
residents of the territory embraced in
such | 45 |
metropolitan
housing
authorityits district. | 46 |
| (a)(i) In a district in a county in which a charter has been | 50 |
| adopted under Article X, Section 3 of the Ohio Constitution, and | 51 |
| in which the most populous city is not
the city with the largest | 52 |
| ratio of housing units owned or managed
by the authority to | 53 |
| population, one member shall be appointed by
the probate court, | 54 |
| one
member
shall be appointed by
the court of
common pleas, one | 55 |
| member
shall be appointed by the
board of
county
commissioners, | 56 |
and two membersone member shall be
appointed by
the chief | 57 |
| executive
officer of the
city that has the largest ratio
of | 58 |
| housing units owned or managed by the authority to population,
and | 59 |
| two members shall be appointed by the chief executive officer
of | 60 |
the most populous city
in the
territory included in
the
district, | 61 |
in accordance with the last preceding
federal
census.
At | 62 |
| (ii) If, in a district that appoints members pursuant to | 63 |
|
division (B)(1)(a) of this section, the most populous city becomes | 64 |
| the city with the
largest ratio of housing units owned or managed | 65 |
| by the authority
to population, when the term of office of the | 66 |
| member who was
appointed by the chief executive officer of the | 67 |
| city with the
largest ratio expires, that member shall not be | 68 |
| reappointed, and
the membership of the authority shall be as | 69 |
| described in division
(B)(1)(b) of this section. | 70 |
|
(2)
At
the time of the initial appointment of the authority, | 77 |
|
the
member
appointed by the probate court shall be appointed for
a | 78 |
period of
four years, the
appointee ofmember appointed by the | 79 |
|
court of common
pleas
shall be appointed for three
years, the | 80 |
appointee ofmember appointed by the board of county
commissioners | 81 |
shall be appointed for two
years,
one
appointee of themember | 82 |
|
appointed by the chief executive
officer
of the most populous city | 83 |
in the district shall be appointed for one year,
and
one appointee | 84 |
of the
other member appointed by the chief executive
officer
of | 85 |
|
the most populous city
in the district shall be
appointed for five | 86 |
years.
Thereafter | 87 |
| (C) For any metropolitan housing authority district that
| 100 |
|
contained, as of the 1990 federal census, a population of
at least | 101 |
|
one million, two members of the
authority shall be
appointed by | 102 |
the
municipal legislative
authority of the most
populous city in | 103 |
the
territory included in
the district, two
members
shall be | 104 |
|
appointed by the chief
executive officer of the
most populous city | 105 |
in the
territory
included in the district, and
one member
shall be | 106 |
|
appointed by the
chief executive
officer, with the approval of
the | 107 |
municipal
legislative authority,
of the city in the district
which | 108 |
| that has the
second highest number of
housing units owned or | 109 |
|
managed by the
authority. | 110 |
| At the time of the initial appointment of the authority,
one | 111 |
member appointed by the
municipal legislative authority of
the | 112 |
most populous city in the
territory included in the district
shall | 113 |
|
be appointed for three years, and one
such member shall be | 114 |
appointed for one year; the
appointee
ofmember appointed by the | 115 |
|
chief executive officer of the city with the
second highest
number | 116 |
|
of housing units owned or managed by the
authority shall be | 117 |
appointed, with the approval of the
municipal
legislative | 118 |
authority, for three years;
and one
appointee ofmember appointed | 119 |
|
by
the
chief executive
officer of the most populous city in the | 120 |
|
district
shall be
appointed for three years, and one
such member | 121 |
|
shall be appointed for one year.
Thereafter, all
members of the | 122 |
|
authority shall be appointed for
three-year terms,
and any vacancy | 123 |
shall be filled by the same
appointing powerauthority that
made | 124 |
| the initial
appointment. At the
expiration of the term of
any | 125 |
| member
appointed by the chief
executive officer of the most | 126 |
populous city
in the
territory
included in the district prior to | 127 |
| before
March 15, 1983,
the chief
executive officer of the most | 128 |
| populous
city in the
district shall
fill the vacancy by | 129 |
| appointment for a
three-year
term. At the
expiration of the term | 130 |
of any member
appointed by
the board of
county commissioners prior | 131 |
tobefore March 15,
1983, the
chief executive
officer of the city | 132 |
| in the district with
the
second highest
number of housing units | 133 |
| owned or managed by the
authority shall,
with the approval of the | 134 |
| municipal legislative
authority, fill
the vacancy by appointment | 135 |
| for a three-year term.
At the
expiration of the term of any member | 136 |
appointed prior tobefore
March 15,
1983, by the court of common | 137 |
| pleas or the probate court,
the
legislative authority of the most | 138 |
populous city in the
territory
included in the district shall fill | 139 |
| the vacancy by
appointment
for a three-year term. | 140 |
| After March 15, 1983, at least one of the members appointed | 141 |
|
by the chief executive officer of the most populous city shall be | 142 |
a resident of a dwelling unit owned or managed by the
housing | 143 |
|
authority. At least one of the initial appointments by the chief | 144 |
|
executive officer of the most populous city, after March 15,
1983, | 145 |
|
shall be a resident of a dwelling unit owned or managed by
the | 146 |
housing authority. Thereafter, any member appointed by the
chief | 147 |
|
executive officer
of the most populous city for the term | 148 |
|
established by this initial
appointment, or for any succeeding | 149 |
|
term thereof, shall be a
person
who resides in a dwelling unit | 150 |
owned or managed by the
housing
authority. If there is an
elected, | 151 |
representative body
of all
residents of the
housing
authority, | 152 |
then the chief
executive
officer
of the most populous
city shall, | 153 |
| whenever there is a vacancy in this
resident term,
provide written | 154 |
| notice of the vacancy to the
representative body.
If the | 155 |
| representative body submits to the
chief executive officer
of the | 156 |
| most populous city,
in writing and within sixty days after
the | 157 |
| date on which it was
notified of the vacancy, the names of at | 158 |
least five residents of
the
housing authority who are willing and | 159 |
qualified to serve as a
member,
then the chief executive officer | 160 |
| of the most populous city shall appoint to the
resident term one | 161 |
|
of the residents
recommended by the
representative body. At no | 162 |
|
time shall
residents constitute a
majority of the members of the | 163 |
|
authority. | 164 |
| (D) Public officials, other than the officers having the | 165 |
appointing powerauthority under this section, shall be eligible | 166 |
to serve
as
members, officers, or employees of
thea metropolitan | 167 |
| housing
authority
notwithstanding any statute, charter, or law to | 168 |
| the
contrary.
Not
more than two such public officials shall be | 169 |
| members
of the
authority at any one time. | 170 |