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As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. S. B. No. 83 |
SENATOR B. JOHNSON
A BILL
To enact sections 765.01 to 765.08 of the Revised Code to authorize municipal
corporations to establish noncriminal land use infractions, to provide civil
enforcement procedures for any such land use infractions established, and to
authorize the establishment of land use violations bureaus to deal with such
infractions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 765.01, 765.02, 765.03, 765.04, 765.05, 765.06,
765.07, and 765.08 of the Revised Code be enacted to read as follows:
Sec. 765.01. AS USED IN THIS CHAPTER:
(A) "LAND USE INFRACTION" MEANS A VIOLATION OF ANY BUILDING,
HOUSING, AIR POLLUTION, SANITATION, HEALTH, FIRE, ZONING, OR SAFETY CODE,
ORDINANCE, RESOLUTION, OR REGULATION THAT IS APPLICABLE TO PREMISES USED OR
INTENDED FOR USE AS A PLACE OF HUMAN HABITATION, BUILDINGS, STRUCTURES, OR ANY
OTHER REAL PROPERTY SUBJECT TO SUCH A CODE, ORDINANCE, RESOLUTION, OR
REGULATION AND THAT IS ENACTED BY A MUNICIPAL CORPORATION, OR A VIOLATION OF
ANY CODE, ORDINANCE, RESOLUTION, OR REGULATION
ENACTED BY A MUNICIPAL CORPORATION AS AUTHORIZED BY THIS CHAPTER, IF
THE MUNICIPAL CORPORATION IN EITHER OF THESE CASES ALSO HAS ENACTED A CODE,
ORDINANCE, RESOLUTION, OR REGULATION OF THE TYPE DESCRIBED IN
DIVISION (A) OF SECTION 765.02 OF THE REVISED CODE
IN RELATION
TO THE PARTICULAR REGULATORY CODE, ORDINANCE, RESOLUTION, OR
REGULATION.
(B) "COURT" MEANS A MUNICIPAL COURT, COUNTY COURT,
OR MAYOR'S COURT, UNLESS SPECIFICALLY IDENTIFIED
AS ONE OF THESE COURTS, IN WHICH CASE IT MEANS THE SPECIFICALLY
IDENTIFIED COURT.
(C) "LAW ENFORCEMENT OFFICER" MEANS A LAW ENFORCEMENT OFFICER AS
DEFINED IN SECTION 2901.01 of the Revised Code, CODE ENFORCEMENT OFFICER, BUILDING INSPECTOR,
OR OTHER OFFICER AUTHORIZED TO ENFORCE ANY CODE, ORDINANCE, RESOLUTION, OR
REGULATION DESCRIBED IN DIVISION (A) OF THIS SECTION.
Sec. 765.02. (A) A MUNICIPAL CORPORATION THAT ENACTS ANY
CODE, ORDINANCE, RESOLUTION, OR REGULATION DESCRIBED IN DIVISION (A)
OF SECTION 765.01 of the Revised Code ALSO MAY SPECIFY BY CODE, ORDINANCE,
RESOLUTION, OR REGULATION THAT A VIOLATION OF THE
REGULATORY CODE, ORDINANCE, RESOLUTION, OR REGULATION SHALL NOT BE
CONSIDERED A CRIMINAL OFFENSE FOR ANY PURPOSE, THAT A PERSON WHO
COMMITS THE VIOLATION SHALL NOT BE ARRESTED AS A RESULT OF THE
COMMISSION OF THE VIOLATION, AND THAT THE VIOLATION SHALL BE
HANDLED PURSUANT TO THIS CHAPTER. IF SUCH A SPECIFICATION IS
MADE, THE MUNICIPAL CORPORATION ALSO SHALL ADOPT BY CODE, ORDINANCE,
RESOLUTION, OR
REGULATION A FINE FOR A VIOLATION OF THE REGULATORY CODE,
ORDINANCE, RESOLUTION, OR REGULATION AND PRESCRIBE AN ADDITIONAL
PENALTY OR PENALTIES FOR FAILURE TO ANSWER ANY CHARGES OF THE
VIOLATION IN A TIMELY MANNER.
IN NO CASE SHALL ANY FINE
ADOPTED OR ADDITIONAL PENALTY PRESCRIBED PURSUANT TO THIS
DIVISION EXCEED ONE HUNDRED DOLLARS, PLUS COSTS AND OTHER
ADMINISTRATIVE CHARGES, PER VIOLATION.
(B) A MUNICIPAL CORPORATION THAT ENACTS ANY CODE, ORDINANCE,
RESOLUTION, OR REGULATION UNDER DIVISION (A) OF THIS
SECTION ALSO SHALL ENACT A CODE, ORDINANCE, RESOLUTION, OR REGULATION
THAT SPECIFIES THE TIME WITHIN WHICH A PERSON WHO IS ISSUED A
TICKET MUST ANSWER IN RELATION TO THE LAND USE INFRACTION
CHARGED IN THE TICKET.
Sec. 765.03. (A) EACH MUNICIPAL CORPORATION THAT ENACTS ANY
CODE, ORDINANCE, RESOLUTION, OR REGULATION UNDER DIVISION (A) OF
SECTION 765.02 OF THE REVISED CODE SHALL ADOPT A TICKET
TO BE USED BY ITS LAW ENFORCEMENT OFFICERS. THIS TICKET SHALL BE THE
SUMMONS AND COMPLAINT FOR PURPOSES
OF THIS CHAPTER.
(B) THE TICKET ADOPTED BY A MUNICIPAL CORPORATION
UNDER DIVISION (A) OF THIS SECTION SHALL BE USED BY ITS LAW
ENFORCEMENT OFFICERS IN ALL CASES IN WHICH A PERSON IS CHARGED
WITH COMMITTING A LAND USE INFRACTION IN ITS JURISDICTION. EACH TICKET SHALL
CONTAIN PROVISIONS THAT
ADVISE THE PERSON UPON WHOM IT IS SERVED THAT THE PERSON MUST
ANSWER IN RELATION TO THE LAND USE INFRACTION CHARGED IN THE
TICKET AND THAT CERTAIN PENALTIES MAY RESULT FROM A FAILURE TO
TIMELY ANSWER, INDICATE THE ALLOWABLE ANSWERS THAT MAY BE MADE
AND THAT THE PERSON WILL BE AFFORDED A HEARING IF THE PERSON DENIES IN THE
ANSWER THAT THE PERSON COMMITTED
THE LAND USE INFRACTION, SPECIFY THE
ENTITY TO WHICH, THE TIME WITHIN WHICH, AND THE ALLOWABLE MANNERS
IN WHICH THE ANSWER MUST BE MADE, INDICATE THE PENALTIES THAT MAY
RESULT FROM FAILURE TO TIMELY ANSWER AND THE FINE THAT ARISES
FROM THE LAND USE INFRACTION, WARN THAT FAILURE TO TIMELY ANSWER
OR TO APPEAR AT A REQUESTED HEARING WILL BE CONSIDERED AN
ADMISSION OF THE LAND USE INFRACTION, AND WARN THAT A DEFAULT
CIVIL JUDGMENT POTENTIALLY MAY BE ENTERED AGAINST THE PERSON.
(C)(1)(a) EXCEPT AS
OTHERWISE PROVIDED IN DIVISION (C)(1)(b) OF THIS
SECTION, BEFORE A LAW ENFORCEMENT OFFICER ISSUES A TICKET FOR A LAND USE
INFRACTION UNDER THIS SECTION, THE MUNICIPAL CORPORATION SHALL GIVE NOTICE OF
THE POSSIBLE ISSUANCE OF THE TICKET, BY CERTIFIED MAIL OR PERSONAL SERVICE,
AND SHALL PROVIDE
A REASONABLE PERIOD OF TIME, AS DETERMINED BY THE MUNICIPAL CORPORATION, FOR
THE PERSON TO CORRECT THE INFRACTION. IF THE PERSON FAILS TO CORRECT THE
INFRACTION WITHIN THE REASONABLE PERIOD OF TIME PROVIDED BY THE MUNICIPAL
CORPORATION, THE PERSON SHALL BE ISSUED A TICKET CHARGING A LAND USE
INFRACTION.
(b) IF A LAW ENFORCEMENT OFFICER OBSERVES THE SAME LAND USE
INFRACTION OCCURRING AGAIN WITHIN NINETY DAYS AFTER THE PERSON CORRECTED THE
PREVIOUS INFRACTION, THE LAW ENFORCEMENT OFFICER SHALL ISSUE A TICKET
IMMEDIATELY FOR A LAND USE INFRACTION AS PROVIDED UNDER THIS SECTION AND THE
NOTIFICATION PROVISIONS OF DIVISION (C)(1)(a) OF
THIS SECTION DO NOT APPLY.
(2) A LAW ENFORCEMENT OFFICER WHO ISSUES A TICKET
FOR A LAND USE INFRACTION SHALL COMPLETE THE TICKET BY IDENTIFYING
THE LAND USE INFRACTION CHARGED AND INDICATING
THE DATE, TIME, AND PLACE OF THE INFRACTION. THE
OFFICER SHALL SIGN THE TICKET AND AFFIRM THE FACTS IT CONTAINS.
IF THE OFFENDER IS PRESENT, THE OFFICER ALSO SHALL
RECORD ON THE TICKET THE NAME OF THE OFFENDER IN A SPACE PROVIDED
ON THE TICKET FOR IDENTIFICATION OF THE OFFENDER, AND THEN SHALL
PERSONALLY SERVE THE TICKET UPON THE OFFENDER. IF THE
OFFENDER IS NOT PRESENT, THE OFFICER SHALL INSERT
THE WORD "OFFENDER" IN THE SPACE PROVIDED ON THE TICKET FOR
IDENTIFICATION OF THE OFFENDER, AND THEN SHALL CONSTRUCTIVELY
SERVE THE TICKET UPON THE OFFENDER BY AFFIXING THE TICKET TO THE AFFECTED REAL
PROPERTY IN A CONSPICUOUS PLACE.
CONSTRUCTIVE SERVICE OF A TICKET
BY AFFIXATION AS PROVIDED IN THIS DIVISION
HAS THE SAME
FORCE AND EFFECT, AND POTENTIALLY SUBJECTS THE OFFENDER
WHOSE ACT OR OMISSION RESULTED IN THE
LAND USE INFRACTION TO THE SAME FINE AND THE SAME
PENALTIES FOR FAILURE TO TIMELY ANSWER OR TO APPEAR, IF A HEARING
IS REQUESTED, AS IF THE TICKET WERE PERSONALLY SERVED ON
THE OFFENDER AT THE TIME OF THE
VIOLATION.
(D) THE ORIGINAL OF A TICKET ISSUED UNDER
THIS SECTION OR ANY TRUE COPY OF IT SHALL BE CONSIDERED A RECORD
KEPT IN THE ORDINARY COURSE OF BUSINESS OF THE MUNICIPAL CORPORATION
AND OF THE LAW ENFORCEMENT AGENCY WHOSE OFFICER ISSUED IT, AND
SHALL BE PRIMA-FACIE EVIDENCE OF THE FACTS IT CONTAINS.
(E) WHEN A TICKET IS ISSUED FOR A LAND USE INFRACTION
AND IS SERVED UNDER THIS SECTION, THE
OFFENDER WHOSE ACT OR OMISSION RESULTED IN THE INFRACTION
FOR WHICH THE TICKET WAS ISSUED
IS LIABLE FOR THE INFRACTION AND FOR ANY FINE OR PENALTY ARISING
OUT OF THE INFRACTION UNDER A CODE, ORDINANCE, RESOLUTION, OR
REGULATION ENACTED BY THE MUNICIPAL CORPORATION UNDER DIVISION
(A) OF SECTION 765.02 OF THE REVISED CODE.
(F) NO PERSON UPON WHOM A TICKET CHARGING A
LAND USE INFRACTION IS PERSONALLY OR CONSTRUCTIVELY SERVED
UNDER THIS SECTION SHALL BE ARRESTED AS A RESULT OF THE
COMMISSION OF THE LAND USE INFRACTION.
Sec. 765.04. (A)(1) THE LEGISLATIVE AUTHORITY OF A
MUNICIPAL CORPORATION, BY ORDINANCE OR RESOLUTION,
MAY REQUEST THE MUNICIPAL COURT OR COUNTY COURT HAVING
TERRITORIAL JURISDICTION OVER THE MUNICIPAL CORPORATION
TO AUTHORIZE THE MUNICIPAL CORPORATION TO
ESTABLISH A LAND USE VIOLATIONS BUREAU TO HANDLE ALL LAND USE
INFRACTIONS OCCURRING WITHIN THE TERRITORY OF THE MUNICIPAL
CORPORATION, INCLUDING
LAND USE INFRACTIONS THAT ARE VIOLATIONS OF CODES, ORDINANCES,
RESOLUTIONS, OR REGULATIONS OF OTHER MUNICIPAL CORPORATIONS AND THAT
OCCUR WITHIN THE TERRITORY OF THE REQUESTING MUNICIPAL CORPORATION.
(2) THE LEGISLATIVE AUTHORITIES OF TWO OR MORE MUNICIPAL
CORPORATIONS THAT ARE WITHIN THE
TERRITORIAL JURISDICTION OF THE SAME MUNICIPAL COURT OR COUNTY
COURT MAY JOIN TOGETHER AND, BY ORDINANCE OR RESOLUTION, REQUEST
THE MUNICIPAL COURT OR COUNTY COURT TO AUTHORIZE THE MUNICIPAL
CORPORATIONS TO JOINTLY ESTABLISH A JOINT LAND USE
VIOLATIONS BUREAU TO HANDLE ALL LAND USE INFRACTIONS OCCURRING
WITHIN THE TERRITORIES OF THE MUNICIPAL CORPORATIONS
THAT HAVE JOINED TOGETHER IN
MAKING THE REQUEST, INCLUDING LAND USE INFRACTIONS THAT ARE
VIOLATIONS OF CODES, ORDINANCES, RESOLUTIONS, OR REGULATIONS OF OTHER
MUNICIPAL CORPORATIONS AND THAT OCCUR WITHIN THE TERRITORIES OF THE
MUNICIPAL CORPORATIONS MAKING THE REQUEST.
(B) A REQUEST MADE UNDER DIVISION (A) OF THIS
SECTION SHALL BE FILED WITH THE CLERK OF THE MUNICIPAL COURT OR
COUNTY COURT. UPON THE FILING OF SUCH A REQUEST, THE COURT, BY JOURNAL ENTRY,
SHALL
AUTHORIZE THE MUNICIPAL CORPORATION THAT MADE THE
REQUEST, OR THE MUNICIPAL CORPORATIONS THAT JOINED
TOGETHER IN MAKING THE REQUEST, TO ESTABLISH A
LAND USE VIOLATIONS BUREAU OR TO JOINTLY ESTABLISH A JOINT LAND USE
VIOLATIONS BUREAU. UPON THE GRANT OF SUCH AUTHORITY BY A COURT,
THE MUNICIPAL CORPORATION, OR THE MUNICIPAL
CORPORATIONS THAT JOINED TOGETHER, MAY ESTABLISH THE
LAND USE VIOLATIONS BUREAU OR JOINTLY ESTABLISH THE JOINT LAND USE
VIOLATIONS BUREAU.
Sec. 765.05. (A) IF A LAND USE VIOLATIONS BUREAU OR A
JOINT LAND USE VIOLATIONS BUREAU IS ESTABLISHED UNDER
SECTION 765.04 OF THE REVISED CODE, NOTWITHSTANDING ANY
OTHER
PROVISION OF LAW TO THE CONTRARY, THE BUREAU OR JOINT BUREAU HAS
JURISDICTION OVER EACH LAND USE INFRACTION THAT IS A VIOLATION OF
A CODE, ORDINANCE, RESOLUTION, OR REGULATION OF ANY MUNICIPAL CORPORATION
AND THAT OCCURS WITHIN THE TERRITORY OF THE MUNICIPAL CORPORATION
THAT ESTABLISHED THE
BUREAU OR THE TERRITORY OF ANY OF THE MUNICIPAL CORPORATIONS
THAT JOINED
TOGETHER TO JOINTLY ESTABLISH THE JOINT BUREAU, REGARDLESS OF
WHETHER THE MUNICIPAL CORPORATION WAS THE MUNICIPAL CORPORATION
THAT ESTABLISHED THE BUREAU OR WAS ONE OF THE MUNICIPAL
CORPORATIONS THAT JOINED TOGETHER TO JOINTLY
ESTABLISH THE JOINT BUREAU. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW TO THE CONTRARY, EACH LAND USE INFRACTION THAT IS A
VIOLATION OF A CODE, ORDINANCE, RESOLUTION, OR REGULATION OF ANY
MUNICIPAL CORPORATION AND THAT OCCURS WITHIN THE JURISDICTION OF THE BUREAU
OR THE JOINT BUREAU, AND THE ENFORCEMENT OF EACH SUCH LAND USE
INFRACTION, SHALL BE HANDLED PURSUANT TO AND BE GOVERNED BY
THIS CHAPTER.
THE OPERATING COSTS OF A LAND USE VIOLATIONS BUREAU SHALL BE
PAID BY THE MUNICIPAL CORPORATION THAT ESTABLISHES
IT. THE OPERATING COSTS OF A JOINT LAND USE VIOLATIONS BUREAU
SHALL BE PAID BY ALL OF THE MUNICIPAL CORPORATIONS
THAT JOINTLY ESTABLISH IT, IN THE PROPORTIONS AGREED UPON BY THE
LEGISLATIVE AUTHORITIES OF THE MUNICIPAL CORPORATIONS. THE LEGISLATIVE
AUTHORITY OF THE MUNICIPAL
CORPORATION THAT ESTABLISHES A LAND USE VIOLATIONS
BUREAU AND THE LEGISLATIVE AUTHORITIES OF ALL OF THE MUNICIPAL
CORPORATIONS THAT JOINTLY ESTABLISH A JOINT
LAND USE VIOLATIONS BUREAU, BY AGREEMENT, SHALL APPOINT A
VIOLATIONS CLERK FOR THE BUREAU OR JOINT BUREAU, AND, SUBJECT TO
THE EXCEPTION PROVIDED IN THIS DIVISION, SHALL APPOINT HEARING
EXAMINERS AND NECESSARY CLERICAL EMPLOYEES FOR THE BUREAU OR
JOINT BUREAU. THE LEGISLATIVE AUTHORITY OF THE MUNICIPAL
CORPORATION THAT ESTABLISHES A BUREAU AND THE
LEGISLATIVE AUTHORITIES OF ALL OF THE MUNICIPAL CORPORATIONS
THAT JOINTLY ESTABLISH A JOINT BUREAU, BY
AGREEMENT, MAY DELEGATE ITS OR THEIR DUTY TO APPOINT EITHER
HEARING EXAMINERS OR NECESSARY CLERICAL PERSONNEL, OR BOTH, TO
THE VIOLATIONS CLERK APPOINTED FOR THE BUREAU OR JOINT BUREAU, IN
WHICH CASE THE VIOLATIONS CLERK, UPON APPOINTMENT, SHALL MAKE
THOSE APPOINTMENTS IN ACCORDANCE WITH THE DELEGATION. NO PERSON
SHALL BE EMPLOYED AS A HEARING EXAMINER UNLESS THE PERSON IS AN
ATTORNEY ADMITTED TO THE PRACTICE OF LAW IN THIS STATE OR
FORMERLY WAS EMPLOYED AS A LAW ENFORCEMENT OFFICER.
THE FINE AND PENALTIES ESTABLISHED FOR A LAND USE INFRACTION
BY ANY MUNICIPAL CORPORATION SHALL BE COLLECTED, RETAINED, AND
DISBURSED BY THE VIOLATIONS CLERK IF THE LAND USE INFRACTION OUT
OF WHICH THE FINE OR PENALTIES AROSE OCCURRED WITHIN THE
JURISDICTION OF THE BUREAU OR JOINT BUREAU. THE FINE AND
PENALTIES COLLECTED BY A VIOLATIONS CLERK FOR A LAND USE
INFRACTION SHALL BE DISBURSED BY THE CLERK TO THE MUNICIPAL CORPORATION
WHOSE CODE, ORDINANCE, RESOLUTION, OR REGULATION WAS VIOLATED.
(B) IF A MUNICIPAL CORPORATION DOES NOT ENACT A CODE, ORDINANCE,
RESOLUTION, OR REGULATION OF THE TYPE DESCRIBED IN DIVISION (A)
OF SECTION 765.02 OF THE REVISED CODE IN RELATION TO A CODE,
ORDINANCE, RESOLUTION, OR REGULATION ENACTED BY THE
MUNICIPAL CORPORATION THAT IS DESCRIBED IN DIVISION (A) OF SECTION
765.01 of the Revised Code, A VIOLATION OF THE PARTICULAR REGULATORY CODE,
ORDINANCE,
RESOLUTION, OR REGULATION IS NOT A LAND USE INFRACTION FOR
PURPOSES OF THIS CHAPTER.
(C) A MUNICIPAL CORPORATION THAT ESTABLISHES A
LAND USE VIOLATIONS BUREAU OR THE MUNICIPAL CORPORATIONS
THAT JOINTLY ESTABLISH A JOINT LAND USE VIOLATIONS
BUREAU MAY CONTRACT WITH ANY GOVERNMENTAL OR
NONGOVERNMENTAL ENTITY TO PROVIDE SERVICES IN PROCESSING,
COLLECTING, AND ENFORCING TICKETS ISSUED BY LAW
ENFORCEMENT OFFICERS AND CIVIL JUDGMENTS AND DEFAULT CIVIL
JUDGMENTS ENTERED UNDER THIS CHAPTER.
Sec. 765.06. (A) A PERSON WHO IS PERSONALLY OR
CONSTRUCTIVELY SERVED WITH A TICKET CHARGING THE
COMMISSION OF A LAND USE INFRACTION MAY ANSWER THE CHARGE BY
PERSONAL APPEARANCE BEFORE THE LAND USE VIOLATIONS BUREAU OR JOINT
LAND USE VIOLATIONS BUREAU,
WHICHEVER IS APPLICABLE, OR BY MAIL. A MUNICIPAL CORPORATION
MAY, BY CODE, ORDINANCE, RESOLUTION, OR REGULATION, ALSO AUTHORIZE THE
ANSWER TO A CHARGE OF A LAND USE INFRACTION THAT IS A VIOLATION OF
ANY OF ITS CODES, ORDINANCES, RESOLUTIONS, OR REGULATIONS TO BE MADE BY
TELEPHONE, IN WHICH CASE THE TICKET ADOPTED BY THE
MUNICIPAL CORPORATION SHALL INDICATE THAT FACT. AN ANSWER SHALL BE MADE
WITHIN THE TIME SPECIFIED BY THE MUNICIPAL CORPORATION AND INDICATED ON
THE TICKET, AND SHALL BE IN ONE OF THE FOLLOWING FORMS:
(1) AN ADMISSION THAT THE PERSON COMMITTED THE LAND USE
INFRACTION, BY PAYMENT OF ANY FINE ARISING OUT OF THE
INFRACTION;
(2) AN ADMISSION THAT THE PERSON COMMITTED THE LAND USE
INFRACTION, WITH AN EXPLANATION OF THE CIRCUMSTANCES SURROUNDING
THE LAND USE INFRACTION;
(3) A DENIAL THAT THE PERSON COMMITTED THE LAND USE
INFRACTION AND A REQUEST FOR A HEARING RELATIVE TO THE
INFRACTION. IF THE PERSON DESIRES THE PRESENCE, AT THE HEARING,
OF THE LAW ENFORCEMENT OFFICER WHO ISSUED THE TICKET, THE
PERSON MUST REQUEST THE OFFICER'S PRESENCE IN
THE PERSON'S ANSWER.
(B)(1) A PERSON WHO ADMITS HAVING COMMITTED A LAND USE INFRACTION
SHALL, AND A PERSON WHO ADMITS HAVING
COMMITTED A
LAND USE INFRACTION WITH EXPLANATION MAY, WHEN
ANSWERING, PAY THE FINE ARISING OUT OF THE INFRACTION
ADMITTED TO
THE VIOLATIONS CLERK OF THE BUREAU
TO WHICH THE ANSWER IS MADE.
(2) A PERSON WHO ADMITS HAVING COMMITTED A LAND USE
INFRACTION WITH EXPLANATION SHALL SUBMIT EVIDENCE TO THE BUREAU
TO WHICH THE ANSWER IS MADE THAT EXPLAINS THE
CIRCUMSTANCES SURROUNDING THE INFRACTION. THE EVIDENCE
MAY BE SUBMITTED IN PERSON OR, TO AVOID THE NECESSITY OF PERSONAL
APPEARANCE, MAY BE SENT AS AFFIDAVITS AND OTHER DOCUMENTARY
EVIDENCE, BY MAIL. A BUREAU THAT RECEIVES AN
ANSWER ADMITTING THAT A PERSON COMMITTED A LAND USE INFRACTION
WITH EXPLANATION SHALL PROMPTLY DETERMINE WHETHER THE EXPLANATION
MITIGATES THE FACT THAT THE PERSON COMMITTED THE
INFRACTION AND NOTIFY THE PERSON, IN WRITING, OF ITS
DETERMINATION.
IF THE BUREAU DETERMINES THAT THE
EXPLANATION MITIGATES THE FACT THAT THE PERSON COMMITTED THE
INFRACTION, THE BUREAU SHALL ELIMINATE
OR REDUCE THE AMOUNT OF THE FINE ARISING OUT OF THE
INFRACTION. IF THE FINE IS ELIMINATED OR REDUCED AND THE PERSON
HAS PREVIOUSLY PAID THE FINE, THE AMOUNT PAID IN EXCESS OF THE
REVISED FINE SHALL BE RETURNED TO THE PERSON; IF THE FINE IS
ELIMINATED OR REDUCED AND THE PERSON HAS NOT PREVIOUSLY PAID THE
FINE, THE PERSON SHALL PAY ONLY THE AMOUNT OF THE REVISED FINE.
IF THE BUREAU DETERMINES THAT THE EXPLANATION
DOES NOT MITIGATE THE FACT THAT THE PERSON COMMITTED THE
INFRACTION, THE PERSON OWES THE ENTIRE AMOUNT OF THE FINE ARISING
OUT OF THE INFRACTION, AND IF THE PERSON HAS NOT
PREVIOUSLY PAID THE FINE, THE PERSON SHALL PAY THE ENTIRE AMOUNT
OF THE FINE. IF A PERSON ADMITS HAVING COMMITTED A
LAND USE
INFRACTION WITH EXPLANATION AND THE PERSON FAILS TO PAY THE
AMOUNT OF THE FINE DUE WITHIN TEN DAYS AFTER RECEIVING NOTICE OF
THE BUREAU'S DETERMINATION, UNLESS THE AMOUNT
DUE HAS PREVIOUSLY BEEN PAID, THE BUREAU'S
DETERMINATION AND THE AMOUNT OF THE FINE DUE SHALL BE CONSIDERED
A JUDGMENT AND SHALL BE TREATED AS IF IT WERE A JUDGMENT RENDERED
SUBSEQUENT TO A HEARING HELD UNDER DIVISION (B) OF SECTION
765.08 OF THE REVISED CODE.
(3) A PERSON WHO DENIES HAVING COMMITTED A LAND USE
INFRACTION SHALL BE GRANTED A HEARING CONCERNING THE INFRACTION.
THE BUREAU SHALL SET A DATE FOR THE HEARING AND
NOTIFY THE PERSON, IN WRITING, OF THE DATE, TIME, AND PLACE OF
THE HEARING. THE HEARING SHALL BE CONDUCTED BY A HEARING
EXAMINER OF THE LAND USE VIOLATIONS BUREAU OR JOINT LAND USE
VIOLATIONS BUREAU IN ACCORDANCE WITH SECTION 765.08 OF
THE REVISED CODE.
(C) IF A PERSON WHO IS PERSONALLY OR CONSTRUCTIVELY SERVED
WITH A TICKET CHARGING THE COMMISSION OF A LAND USE
INFRACTION FAILS TO TIMELY ANSWER THE CHARGE, AS PROVIDED IN
DIVISION (A) OF THIS SECTION, THE LAND USE VIOLATIONS BUREAU OR
JOINT LAND USE VIOLATIONS BUREAU, WHICHEVER IS APPLICABLE, SHALL ISSUE THE
PROPER NOTIFICATIONS OF INFRACTION PURSUANT TO SECTION 765.07 OF
THE REVISED CODE, AND PROCEED ACCORDING TO THAT SECTION.
FAILURE
TO TIMELY ANSWER A CHARGE MAY RESULT IN THE IMPOSITION OF THE
ADDITIONAL PENALTIES PRESCRIBED BY CODE, ORDINANCE, RESOLUTION, OR
REGULATION OF THE MUNICIPAL CORPORATION ENACTED UNDER SECTION
765.02 OF THE REVISED CODE OR BY THE COURT.
(D) THE ISSUANCE OF A TICKET, THE FILING OF OR
FAILURE TO FILE AN ANSWER BY A PERSON PERSONALLY OR
CONSTRUCTIVELY SERVED WITH THE TICKET, THE SUBSTANCE OF AN
ANSWER, THE PAYMENT OF ANY FINE, AND ANY OTHER RELEVANT
INFORMATION SHALL BE ENTERED IN THE RECORDS OF THE PARTICULAR
BUREAU.
Sec. 765.07. (A) WHEN A PERSON IS PERSONALLY OR
CONSTRUCTIVELY SERVED WITH A TICKET CHARGING THE
COMMISSION OF A LAND USE INFRACTION IN ACCORDANCE WITH SECTION
765.03 OF THE REVISED CODE AND THE PERSON FAILS TO ANSWER
THE
CHARGE WITHIN THE TIME SPECIFIED BY THE MUNICIPAL CORPORATION
UNDER SECTION 765.02 OF THE REVISED CODE, THE LAND USE
VIOLATIONS
BUREAU OR JOINT LAND USE VIOLATIONS BUREAU
THAT HAS JURISDICTION OVER THE
INFRACTION SHALL SEND A NOTIFICATION OF INFRACTION TO THAT PERSON.
(B) A NOTIFICATION OF INFRACTION SHALL BE SENT WITHIN
TWELVE MONTHS AFTER THE EXPIRATION OF THE TIME SPECIFIED BY THE
MUNICIPAL CORPORATION UNDER SECTION 765.02 OF THE REVISED
CODE
FOR THE MAKING OF AN ANSWER, SHALL BE SENT BY FIRST CLASS MAIL,
AND SHALL CONTAIN ALL OF THE FOLLOWING:
(1) AN IDENTIFICATION OF THE LAND USE INFRACTION WITH WHICH
THE PERSON WAS CHARGED AND THE TIME AND DATE OF THE
INFRACTION, WHICH IDENTIFICATION MAY BE A COPY OF THE
TICKET CHARGING THE INFRACTION THAT WAS PERSONALLY OR
CONSTRUCTIVELY SERVED UPON THE PERSON;
(2) AN IDENTIFICATION OF THE AMOUNT OF THE FINE,
PENALTIES, AND COSTS ARISING OUT OF THE INFRACTION THAT
ARE DUE;
(3) A WARNING THAT THE PERSON MUST ANSWER THE
INFRACTION CHARGED IN THE TICKET WITHIN THIRTY DAYS OR A DEFAULT
CIVIL JUDGMENT IN THE AMOUNT OF THE FINE, PENALTIES, AND COSTS
DUE MAY BE ENTERED AGAINST THE PERSON;
(4) A DESCRIPTION OF THE ALLOWABLE ANSWERS THAT MAY BE
MADE AND NOTIFICATION THAT THE PERSON WILL BE AFFORDED A HEARING
BEFORE THE BUREAU IF
THE PERSON DENIES IN THE ANSWER THAT THE PERSON COMMITTED THE
INFRACTION;
(5) AN IDENTIFICATION OF THE MANNERS IN WHICH AND THE
ENTITY TO WHICH AN ANSWER MAY BE MADE;
(6) A WARNING THAT IF THE PERSON FAILS TO APPEAR AT A
REQUESTED HEARING, A DEFAULT CIVIL JUDGMENT IN THE AMOUNT OF THE
FINE, PENALTIES, AND COSTS DUE MAY BE ENTERED AGAINST THE PERSON.
(C) A PERSON WHO RECEIVES A NOTIFICATION OF INFRACTION
UNDER THIS SECTION MAY ANSWER THE LAND USE INFRACTION WITH
WHICH THE PERSON IS CHARGED THAT IS IDENTIFIED IN THE
NOTIFICATION OF
INFRACTION IN ANY OF THE MANNERS PROVIDED IN DIVISION (A) OF
SECTION 765.06 OF THE REVISED CODE FOR ANSWERS TO LAND USE
INFRACTIONS CHARGED IN A TICKET. AN ANSWER UNDER THIS
SECTION SHALL BE MADE WITHIN THIRTY DAYS AFTER THE DATE ON WHICH
THE NOTIFICATION OF INFRACTION WAS MAILED, AND SHALL BE IN ONE OF
THE FORMS SPECIFIED IN DIVISIONS (A)(1), (2), AND (3) OF SECTION
765.06 OF THE REVISED CODE FOR ANSWERS TO LAND USE
INFRACTIONS
CHARGED IN A TICKET, EXCEPT THAT IF THE ANSWER INCLUDES
PAYMENT OF THE FINE ARISING OUT OF THE INFRACTION, ANY
PENALTY ARISING OUT OF THE INFRACTION ALSO SHALL BE PAID. THE
ANSWER SHALL BE GOVERNED BY DIVISION (B) OF
SECTION 765.06 OF THE REVISED CODE FOR ANSWERS RELATIVE TO
LAND USE INFRACTIONS CHARGED IN A TICKET, EXCEPT THAT ANY
DETERMINATION OF THE AMOUNT TO BE PAID UNDER AN ANSWER ADMITTING
THE COMMISSION OF THE INFRACTION WITH EXPLANATION ALSO
SHALL CONSIDER ANY PENALTY ARISING OUT OF THE INFRACTION.
(D) IF A PERSON WHO IS ISSUED A NOTIFICATION OF INFRACTION
FAILS TO TIMELY ANSWER, AS PROVIDED IN DIVISION (C) OF THIS
SECTION, THE FAILURE TO ANSWER SHALL BE CONSIDERED AN ADMISSION
THAT THE PERSON COMMITTED THE LAND USE INFRACTION, AND A DEFAULT
CIVIL JUDGMENT, IN THE AMOUNT OF THE FINE, PENALTIES, AND COSTS
DUE, MAY BE ENTERED AGAINST THE PERSON. FAILURE TO TIMELY ANSWER
THE INFRACTION IDENTIFIED IN THE NOTIFICATION OF
INFRACTION MAY RESULT IN THE IMPOSITION OF THE ADDITIONAL
PENALTIES PRESCRIBED BY CODE, ORDINANCE, RESOLUTION, OR REGULATION OF
THE MUNICIPAL CORPORATION ENACTED UNDER SECTION 765.02 OF THE
REVISED CODE OR BY THE COURT.
(E) THE SENDING OF A NOTIFICATION OF INFRACTION, THE
FILING OF OR FAILURE TO FILE AN ANSWER BY THE PERSON TO WHOM IT
IS SENT, THE SUBSTANCE OF AN ANSWER, THE PAYMENT OF ANY FINE, AND
ANY OTHER RELEVANT INFORMATION SHALL BE ENTERED IN THE RECORDS OF
THE PARTICULAR BUREAU.
Sec. 765.08. (A) IF A PERSON WHO IS PERSONALLY OR
CONSTRUCTIVELY SERVED WITH A TICKET CHARGING THE
COMMISSION OF A LAND USE INFRACTION OR WHO RECEIVES A NOTIFICATION
OF INFRACTION DENIES, IN THE PERSON'S ANSWER TO THE CHARGE, HAVING COMMITTED
THE INFRACTION, THE LAND USE VIOLATIONS
BUREAU OR JOINT
LAND USE VIOLATIONS BUREAU THAT HAS JURISDICTION SHALL CONDUCT A HEARING TO
DETERMINE IF THE PERSON COMMITTED THE INFRACTION. EACH
HEARING SHALL BE CONDUCTED BY A HEARING EXAMINER OF THE LAND USE
VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS BUREAU. EACH HEARING SHALL BE
CONDUCTED
IN THE MANNER THE HEARING EXAMINER CONSIDERS
APPROPRIATE. RULES REGARDING THE ADMISSIBILITY OF EVIDENCE SHALL
NOT BE STRICTLY APPLIED IN THE HEARING, BUT ALL TESTIMONY SHALL
BE UNDER OATH.
AT THE HEARING, THE MUNICIPAL CORPORATION WHOSE CODE, ORDINANCE,
RESOLUTION, OR REGULATION ALLEGEDLY WAS VIOLATED AND RESULTED IN
THE CHARGE HAS THE BURDEN OF PROVING, BY A PREPONDERANCE OF THE
EVIDENCE, THAT THE PERSON FOR WHOM THE HEARING IS BEING CONDUCTED
COMMITTED THE LAND USE INFRACTION. IF THE PERSON, IN THE
PERSON'S ANSWER, DENIED HAVING COMMITTED THE
INFRACTION AND REQUESTED THE
PRESENCE AT THE HEARING OF THE LAW ENFORCEMENT OFFICER WHO ISSUED
THE TICKET, THE OFFICER SHALL BE REQUIRED TO ATTEND THE
HEARING UNLESS THE HEARING EXAMINER DETERMINES THAT
THE OFFICER'S PRESENCE IS NOT REQUIRED. IF THE OFFICER'S
PRESENCE AT THE HEARING HAS BEEN REQUESTED AND THE OFFICER IS
UNABLE TO ATTEND THE HEARING ON THE DAY AND AT THE TIME
SCHEDULED, THE HEARING EXAMINER MAY GRANT A REASONABLE
CONTINUANCE. THE PERSON FOR WHOM THE HEARING IS BEING CONDUCTED
MAY PRESENT ANY RELEVANT EVIDENCE AND TESTIMONY AT THE HEARING.
THE PERSON DOES NOT HAVE TO ATTEND THE HEARING IF THE PERSON
SUBMITS DOCUMENTARY EVIDENCE TO THE HEARING EXAMINER PRIOR TO
THE DAY OF THE HEARING.
THE MUNICIPAL CORPORATION SHALL SUBMIT THE ORIGINAL
TICKET THAT WAS PERSONALLY OR CONSTRUCTIVELY SERVED ON THE PERSON
OR A TRUE COPY OF THAT TICKET. THE
TICKET IN PROPER FORM IS PRIMA-FACIE EVIDENCE
THAT THE PERSON TO WHOM THE TICKET WAS SERVED WAS THE PERSON WHO
COMMITTED THE LAND USE INFRACTION. THE MUNICIPAL CORPORATION MAY
PRESENT ADDITIONAL EVIDENCE AND TESTIMONY AT THE HEARING. THE
MUNICIPAL CORPORATION DOES NOT HAVE TO BE REPRESENTED AT THE HEARING BY
AN ATTORNEY.
(B)(1) IF A PERSON FOR WHOM A HEARING IS TO BE CONDUCTED
UNDER DIVISION (A) OF THIS SECTION APPEARS AT THE SCHEDULED
HEARING OR SUBMITS EVIDENCE IN ACCORDANCE WITH THAT DIVISION, THE
HEARING EXAMINER SHALL CONSIDER ALL EVIDENCE AND
TESTIMONY PRESENTED AND SHALL DETERMINE WHETHER THE
MUNICIPAL CORPORATION HAS ESTABLISHED, BY A PREPONDERANCE OF THE EVIDENCE,
THAT THE PERSON COMMITTED THE LAND USE INFRACTION. IF THE HEARING
EXAMINER DETERMINES THAT THE PERSON COMMITTED THE
INFRACTION, AN ORDER INDICATING THE DETERMINATION AS A JUDGMENT
AGAINST THE PERSON AND REQUIRING THE PERSON TO PAY THE
APPROPRIATE FINE AND ANY ADDITIONAL PENALTIES SHALL BE ENTERED IN
THE RECORDS OF THE LAND USE VIOLATIONS BUREAU OR JOINT LAND USE
VIOLATIONS BUREAU, WHICHEVER IS APPLICABLE.
(2) IF A PERSON FOR WHOM A HEARING IS TO BE CONDUCTED
UNDER DIVISION (A) OF THIS SECTION FAILS TO APPEAR AT THE
SCHEDULED HEARING AND FAILS TO SUBMIT EVIDENCE IN ACCORDANCE WITH
THAT DIVISION, THE HEARING EXAMINER, AFTER DETERMINING FROM ANY EVIDENCE AND
TESTIMONY
PRESENTED AT THE
HEARING, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PERSON
COMMITTED THE LAND USE INFRACTION, SHALL ENTER A DEFAULT JUDGMENT
AGAINST THE PERSON AND REQUIRE THE PERSON TO PAY THE APPROPRIATE
FINE AND ANY ADDITIONAL PENALTIES. A DEFAULT JUDGMENT ENTERED
UNDER THIS DIVISION SHALL BE ENTERED IN THE RECORDS OF THE
LAND USE VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS BUREAU,
WHICHEVER IS
APPLICABLE.
(3) IF A PERSON WHO IS SENT A NOTIFICATION OF INFRACTION
UNDER SECTION 765.07 OF THE REVISED CODE DOES NOT TIMELY
ANSWER, AS PROVIDED IN DIVISION (C) OF THAT SECTION, THE HEARING
EXAMINER OF THE LAND USE VIOLATIONS BUREAU OR JOINT LAND USE
VIOLATIONS BUREAU, WHICHEVER IS APPLICABLE, AFTER
DETERMINING FROM ANY EVIDENCE AND TESTIMONY PRESENTED BY THE
MUNICIPAL CORPORATION,
BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PERSON COMMITTED THE
LAND USE INFRACTION, SHALL ENTER A DEFAULT JUDGMENT AGAINST THE PERSON
AND REQUIRE THE PERSON TO PAY THE APPROPRIATE FINE AND ANY
ADDITIONAL PENALTIES. A DEFAULT JUDGMENT ENTERED UNDER THIS
DIVISION SHALL BE ENTERED IN THE RECORDS OF THE LAND USE
VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS BUREAU, WHICHEVER IS
APPLICABLE.
(4) IF THE HEARING EXAMINER DOES NOT DETERMINE,
BY A PREPONDERANCE OF THE EVIDENCE, THAT A PERSON IN ANY OF THE
CLASSES DESCRIBED IN DIVISION (B)(1), (2), OR (3) OF THIS SECTION
COMMITTED THE LAND USE INFRACTION, THE HEARING EXAMINER
SHALL ENTER JUDGMENT AGAINST THE MUNICIPAL CORPORATION WHOSE CODE, ORDINANCE,
RESOLUTION, OR REGULATION ALLEGEDLY WAS VIOLATED, SHALL DISMISS
THE CHARGE OF THE INFRACTION AGAINST THE PERSON, AND
SHALL ENTER THE JUDGMENT AND DISMISSAL IN THE RECORDS OF THE
LAND USE VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS BUREAU,
WHICHEVER IS
APPLICABLE.
(5) A DEFAULT JUDGMENT ENTERED UNDER THIS SECTION MAY BE
VACATED BY THE HEARING EXAMINER WHO ENTERED IT IF ALL
OF THE FOLLOWING APPLY:
(a) THE PERSON AGAINST WHOM THE DEFAULT JUDGMENT WAS
ENTERED FILES A MOTION WITH THE PROPER LAND USE VIOLATIONS BUREAU
OR JOINT LAND USE VIOLATIONS BUREAU WITHIN ONE YEAR AFTER THE DATE OF ENTRY OF
THE JUDGMENT.
(b) THE MOTION SETS FORTH A SUFFICIENT DEFENSE TO THE
LAND USE INFRACTION OUT OF WHICH THE JUDGMENT AROSE.
(c) THE MOTION SETS FORTH EXCUSABLE NEGLECT AS TO THE
PERSON'S FAILURE TO ATTEND THE HEARING OR ANSWER THE NOTIFICATION
OF INFRACTION.
(C) PAYMENT OF ANY JUDGMENT OR DEFAULT JUDGMENT ENTERED
AGAINST A PERSON UNDER THIS SECTION SHALL BE MADE TO THE
VIOLATIONS CLERK OF THE LAND USE VIOLATIONS BUREAU OR JOINT LAND USE
VIOLATIONS BUREAU IN WHICH THE JUDGMENT WAS ENTERED, WITHIN
TEN DAYS AFTER THE DATE OF ENTRY. ALL MONEY PAID IN SATISFACTION OF
A JUDGMENT OR DEFAULT JUDGMENT SHALL BE DISBURSED BY THE CLERK TO
THE MUNICIPAL CORPORATION WHOSE CODE, ORDINANCE, RESOLUTION, OR REGULATION
WAS VIOLATED, AND THE CLERK SHALL ENTER THE FACT OF PAYMENT OF
THE MONEY AND ITS DISBURSEMENT IN THE RECORDS OF THE BUREAU. IF PAYMENT IS
NOT MADE WITHIN THIS TIME PERIOD,
THE JUDGMENT OR DEFAULT JUDGMENT MAY BE FILED WITH THE CLERK OF
THE MUNICIPAL COURT OR COUNTY COURT WITHIN WHOSE TERRITORIAL
JURISDICTION THE CODE, ORDINANCE, RESOLUTION, OR REGULATION WAS
VIOLATED, AND WHEN SO FILED, HAS THE SAME FORCE AND EFFECT
AS A MONEY JUDGMENT IN A CIVIL ACTION RENDERED IN THAT COURT.
JUDGMENTS AND DEFAULT JUDGMENTS FILED WITH A COURT
UNDER THIS DIVISION SHALL BE MAINTAINED IN AN INDEX AND
JUDGMENT ROLL SEPARATE FROM OTHER JUDGMENTS RENDERED IN THE COURT.
COMPUTER PRINTOUTS, MICROFILM, MICRODOT, MICROFICHE, OR OTHER
SIMILAR DATA RECORDING TECHNIQUES MAY BE UTILIZED TO RECORD SUCH
JUDGMENTS. WHEN A JUDGMENT OR DEFAULT JUDGMENT IS FILED WITH A
COURT, EXECUTION MAY BE LEVIED, AND SUCH OTHER MEASURES MAY BE
TAKEN FOR ITS COLLECTION AS ARE AUTHORIZED FOR THE COLLECTION OF
AN UNPAID MONEY JUDGMENT IN A CIVIL ACTION RENDERED IN THAT
COURT. THE MUNICIPAL OR COUNTY COURT MAY ASSESS COSTS AGAINST
THE JUDGMENT DEBTOR, IN AN AMOUNT NOT EXCEEDING TEN DOLLARS FOR
EACH LAND USE INFRACTION, TO BE PAID UPON SATISFACTION OF THE
JUDGMENT.
(D) ANY PERSON AGAINST WHOM A JUDGMENT OR DEFAULT JUDGMENT
IS ENTERED PURSUANT TO THIS SECTION AND ANY MUNICIPAL CORPORATION
AGAINST WHICH A JUDGMENT IS ENTERED UNDER THIS SECTION MAY
APPEAL THE JUDGMENT OR DEFAULT JUDGMENT TO THE MUNICIPAL COURT OR
COUNTY COURT WITHIN WHOSE TERRITORIAL JURISDICTION THE CODE, ORDINANCE,
RESOLUTION, OR REGULATION WAS VIOLATED BY FILING
NOTICES OF APPEAL WITH THE LAND USE VIOLATIONS BUREAU OR JOINT
LAND USE VIOLATIONS BUREAU
IN WHICH THE JUDGMENT WAS ENTERED,
AND WITH THE MUNICIPAL OR COUNTY COURT
WITHIN FIFTEEN DAYS AFTER THE DATE OF ENTRY OF THE JUDGMENT
AND BY THE PAYMENT OF SUCH REASONABLE COSTS AS THE COURT
REQUIRES. UPON THE FILING OF AN APPEAL, THE COURT
SHALL SCHEDULE A HEARING DATE AND NOTIFY THE
PARTIES OF THE DATE, TIME, AND PLACE OF THE HEARING. THE HEARING
SHALL BE HELD BY THE COURT IN ACCORDANCE WITH
THE RULES OF THE COURT. SERVICE OF A NOTICE OF APPEAL UNDER THIS
DIVISION BY A PERSON DOES NOT STAY ENFORCEMENT AND COLLECTION OF
THE JUDGMENT OR DEFAULT JUDGMENT FROM WHICH APPEAL IS TAKEN BY
THE PERSON UNLESS THE PERSON WHO FILES THE APPEAL POSTS BOND WITH
THE LAND USE VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS BUREAU
IN THE
AMOUNT OF THE JUDGMENT, PLUS COURT COSTS, AT OR BEFORE SERVICE OF
THE NOTICE OF APPEAL.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE JUDGMENT ON
APPEAL OF THE MUNICIPAL OR COUNTY COURT
IS FINAL, AND NO OTHER APPEAL OF THE JUDGMENT OF THE LAND USE
VIOLATIONS BUREAU OR JOINT LAND USE VIOLATIONS BUREAU,
WHICHEVER IS APPLICABLE, AND NO APPEAL OF THE JUDGMENT OF THE
MUNICIPAL OR COUNTY COURT MAY BE TAKEN.
(E) A JUDGMENT OR DEFAULT JUDGMENT ENTERED UNDER
THIS SECTION MAY BE FILED WITH A MUNICIPAL COURT OR COUNTY COURT
UNDER DIVISION (C) OF THIS SECTION AT ANY TIME WITHIN THREE YEARS
AFTER THE DATE OF ISSUANCE OF THE TICKET CHARGING THE
LAND USE INFRACTION OUT OF WHICH THE JUDGMENT AROSE. THIS
DIVISION APPLIES TO ANY TICKET ISSUED FOR AN OFFENSE THAT WOULD
BE A LAND USE INFRACTION ON OR AFTER THE EFFECTIVE DATE OF THIS
SECTION, IF THE TICKET WAS ISSUED WITHIN THREE YEARS PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION AND A WARRANT HAS NOT BEEN ISSUED
AND SERVED ON THE PERSON INVOLVED IN
THE OFFENSE.
Section 2. Chapter 765. of the Revised Code shall be known as "Noncriminal
Land Use Infractions."
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