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Rutland Municipal Code
  • Rutland Municipal Code
    • Adoption
    • Certification
    • Roster of Officials
    • Title I: General Provisions
      • Chapter 10: General Provisions
    • Title III: Administration
      • Chapter 30: General Provisions
      • Chapter 31: Executive Authority
        • Subchapter A: General Provisions
        • Subchapter B: The Mayor
        • Subchapter C: The Clerk
        • Subchapter D: The Treasurer
        • Subchapter E: The Street Commissioner
        • Subchapter F: Other Officials
      • Chapter 32: Legislative Authority
        • Subchapter A: The Village Council
        • Subchapter B: Contracts, Bids and Proceedings
        • Subchapter C: Ordinances and Resolutions
        • Subchapter D: Initiative and Referendum
      • Chapter 33: Judicial Authority
        • Subchapter A: Mayor's Court
        • Subchapter B: Contempt of Court
      • Chapter 34: Department of Police
      • Chapter 35: Department of Fire
        • Subchapter A: General Provisions
        • Subchapter B: Volunteer Firefighters' Dependents Fund Board
      • Chapter 36: Civil Actions Against the Municipality
    • Title V: Public Works
      • Chapter 50: General Provisions
      • Chapter 51: Public Utilities
      • Chapter 52: Solid Waste Disposal
      • Chapter 53: Storm Water Control
    • Title VII: Traffic Code
      • Chapter 70: General Provisions
        • Subchapter A: General Provisions
        • Subchapter B: Traffic Control Devices
      • Chapter 71: Licensing Provisions
        • Subchapter A: Motor Vehicle Licensing
        • Subchapter B: Driver's Licenses
        • Subchapter C: Commercial Driver's Licenses
      • Chapter 72: Traffic Rules
        • Subchapter A: General Provisions
        • Subchapter B: Right-of-Way
        • Subchapter C: Pedestrians
        • Subchapter D: Grade Crossings
        • Subchapter E: School Buses
        • Subchapter F: Prohibitions
      • Chapter 73: Motor Vehicle Crimes
        • Subchapter A: Impaired Operation
        • Subchapter B: Reckless Operation; Speed Limits
        • Subchapter C: Stopping after Accident
      • Chapter 74: Equipment and Loads
        • Subchapter A: Equipment
        • Subchapter B: Loads
      • Chapter 75: Bicycles, Motorcycles and Off-Road Vehicles
        • Subchapter A: General Provisions
        • Subchapter B: Snowmobiles, Off-Highway Motorcycles and All-Purpose Vehicles
      • Chapter 76: Parking Regulations
    • Title IX: General Regulations
      • Chapter 90: Animals
        • Subchapter A: Animals at Large
        • Subchapter B: Offenses Relating to Animals
      • Chapter 91: Fireworks, Explosives and Fire Prevention
        • Subchapter A: Fireworks and Explosives
        • Subchapter B: Fire Prevention
        • Subchapter C: Open Burning
      • Chapter 92: Intoxicating Liquors
      • Chapter 93: Nuisances
        • Subchapter A: General Provisions
        • Subchapter B: Septic Tanks, Cesspools and Refuse
        • Subchapter C: Weeds and Litter on Private Property
        • Subchapter D: Unclean Habitations
      • Chapter 94: Streets and Sidewalks
        • Subchapter A: General Provisions
        • Subchapter B: Construction and Repair
        • Subchapter C: Changes in Streets
      • Chapter 95: Unclaimed and Abandoned Vehicles
      • Chapter 96: Watercraft
    • Title XI: Business Regulations
      • Chapter 110: General Provisions
      • Chapter 111: Taxicabs
      • Chapter 112: Peddlers, Itinerant Merchants and Solicitors
      • Chapter 113: Commercial Amusements
      • Chapter 114: Tattooing and Body Piercing Services
    • Title XIII: General Offenses
      • Chapter 130: General Provisions
      • Chapter 131: Offenses Against Property
      • Chapter 132: Offenses Against Public Peace
      • Chapter 133: Sex Offenses
      • Chapter 134: Gambling Offenses
      • Chapter 135: Offenses Against Persons
      • Chapter 136: Offenses Against Justice and Administration
      • Chapter 137: Weapons Control
      • Chapter 138: Drug Offenses
    • Title XV: Land Usage
      • Chapter 150: General Provisions
        • Subchapter A: Parks and Recreation
        • Subchapter B: Planning and Zoning
        • Subchapter C: Streets, Rights-of-Ways and Addressing
        • Subchapter D: Building Department
      • Chapter 151: Agriculture, Animals and Livestock
      • Chapter 152: Commercial Development; Structures
        • Subchapter A: General Provisions
        • Subchapter B: Commercial Development
        • Subchapter C: Residential Development
        • Subchapter D: Dangerous Dwellings and Structures
        • Subchapter E: Manufactured Homes
      • Chapter 153: Flood Hazard Mitigation
    • Title XVII: Municipal Regulations
      • Chapter 170: The Municipality and its Government
        • Subchapter A: The Municipality
        • Subchapter B: Office of the Mayor
        • Subchapter C: Office of the Clerk-Fiscal Officer
        • Subchapter D: Office of the Marshal; Department of Police
        • Subchapter E: Office of the Street Commissioner; Department of Public Servi
        • Subchapter F: Department of Code Enforcement
        • Subchapter G: Department of Information Technology
      • Chapter 171: Other General Regulations
        • Subchapter A: Burial of Indigent Persons
        • Subchapter B: Juveniles
        • Subchapter C: Adult Use Cannabis Control
        • Subchapter D: Municipal Income Taxation
        • Subchapter E: Property, Utility and Motor Vehicle Taxation
      • Recodification and Reorganization of Title XVII
Rutland Municipal Code
Rutland Municipal Code > Title III: Administration > Chapter 31: Executive Authority > Subchapter B: The Mayor
Subchapter B: The Mayor
§ 31.015 TERM OF MAYOR; POWERS AND DUTIES.
§ 31.016 GENERAL DUTIES OF THE MAYOR.
§ 31.017 COMMUNICATIONS TO THE LEGISLATIVE AUTHORITY.
§ 31.018 PROTEST AGAINST EXCESS OF EXPENDITURES.
§ 31.019 SUPERVISION OF CONDUCT OF OFFICERS.
§ 31.020 ANNUAL REPORT TO THE LEGISLATIVE AUTHORITY.
§ 31.021 MAYOR TO FILE CHARGES AGAINST DELINQUENT OFFICERS.
§ 31.022 VACANCIES IN OFFICE OF MAYOR.
§ 31.023 DISPOSITION OF FINES AND OTHER MONEYS.

Subchapter B: The Mayor


§ 31.015 TERM OF MAYOR; POWERS AND DUTIES.

   The Mayor shall be elected for a term of four years commencing on the first day of January next after his or her election. He or she shall be an elector of the municipality, and shall have resided in the municipality for at least one year immediately preceding his or her election. He or she shall be the chief conservator of the peace within the municipality, and shall have the powers and duties provided by law. He or she shall be the President of the Legislative Authority, and shall preside at all regular and special meetings thereof, but shall have no vote except in case of a tie.

(R.C. § 733.24)


§ 31.016 GENERAL DUTIES OF THE MAYOR.

   The Mayor shall perform all the duties prescribed by the bylaws and ordinances of the municipality. He or she shall see that all ordinances, bylaws, and resolutions of the Legislative Authority are faithfully obeyed and enforced. He or she shall sign all commissions, licenses, and permits granted by the Legislative Authority, or authorized by Title VII of the Ohio Revised Code, and such other instruments as by law or ordinance require his or her certificate.

(R.C. § 733.30)


§ 31.017 COMMUNICATIONS TO THE LEGISLATIVE AUTHORITY.

   The Mayor shall communicate to the Legislative Authority from time to time a statement of the finances of the municipality, and other information relating thereto, and the general condition of the affairs of the municipality as he or she deems proper, or as is required by the Legislative Authority.

(R.C. § 733.32)


§ 31.018 PROTEST AGAINST EXCESS OF EXPENDITURES.

   If, in the opinion of the Mayor, an expenditure authorized by the Legislative Authority exceeds the revenues of the municipality for the current year, he or she shall protest against the expenditure and enter the protest, and the reason therefor, on the journal of the Legislative Authority.

(R.C. § 733.33)


§ 31.019 SUPERVISION OF CONDUCT OF OFFICERS.

   The Mayor shall supervise the conduct of all the officers of the municipality, inquire into and examine the grounds of all reasonable complaints against any officers, and cause their violations or neglect of duty to be punished promptly or reported to the proper authority for correction.

(R.C. § 733.34)


§ 31.020 ANNUAL REPORT TO THE LEGISLATIVE AUTHORITY.

   At the first regular meeting in January of each year, and at other times as the Mayor deems expedient, he or she shall report to the Legislative Authority concerning the affairs of the municipality, and recommend such measures as seem proper to him or her.

(R.C. § 733.41)


§ 31.021 MAYOR TO FILE CHARGES AGAINST DELINQUENT OFFICERS.

   (A)   Generally. The Mayor shall have general supervision over each department and the officers provided for in Title VII of the Ohio Revised Code. When the Mayor has reason to believe that the head of a department or an officer has been guilty, in the performance of his or her official duty, of bribery, misfeasance, malfeasance, nonfeasance, misconduct in office, gross neglect of duty, gross immorality, or habitual drunkenness, he or she shall immediately file with the Legislative Authority, except when the removal of the head of the department or officer is otherwise provided for, written charges against the person, setting forth in detail a statement of alleged guilt, and, at the same time, or as soon thereafter as possible, serve a true copy of the charges upon the person against whom they are made. Service may be made on the person or by leaving a copy of the charges at the office of the person. Return thereof shall be made to the Legislative Authority, as is provided for the return of the service of summons in a civil action.

(R.C. § 733.35)

   (B)   Hearing of charges; action of the Legislative Authority. Charges filed with the Legislative Authority under division (A) of this section shall be heard at the next regular meeting thereof, unless the Legislative Authority extends the time for the hearing, which shall be done only on the application of the accused. The accused may appear in person and by counsel, examine all witnesses, and answer all charges against him or her. The judgment or action of the Legislative Authority shall be final, but to remove the officer the votes of two-thirds of all members elected thereto shall be required.

(R.C. § 733.36)

   (C)   Suspension of accused pending hearing. Pending any proceedings under division (A) and (B) of this section, an accused person may be suspended by a majority vote of all members elected to the Legislative Authority, but the suspension shall not be for a longer period than 15 days, unless the hearing of the charges is extended upon the application of the accused, in which event the suspension shall not exceed 30 days.

(R.C. § 733.37)

   (D)   Power of the Legislative Authority as to process. For the purpose of investigating charges filed pursuant to division (A) of this section against the head of any department or officer, the Legislative Authority may issue subpoenas or compulsory process to compel the attendance of persons and the production of books and papers before it, and the Legislative Authority may provide by ordinance for exercising and enforcing this section.

(R.C. § 733.38)

   (E)   Oaths; compulsory testimony; costs. In all cases in which the attendance of witnesses may be compelled for an investigation under division (D) of this section, any member of the Legislative Authority may administer the requisite oaths, and the Legislative Authority has the same power to compel the giving of testimony by attending witnesses as is conferred upon courts. In all these cases, witnesses shall be entitled to the same privileges and immunities as are allowed witnesses in civil cases. Witnesses shall be paid the same fees and mileage provided for under R.C. § 1901.26, and the costs of all such proceedings shall be payable from the General Fund of the municipality.

(R.C. § 733.39) (Rev. 2010)


§ 31.022 VACANCIES IN OFFICE OF MAYOR.

   When the Mayor is absent from the municipality, or is unable for any cause to perform his or her duties, the President Pro Tempore of the Legislative Authority shall be acting Mayor. In case of the death, resignation, or removal of the Mayor, the President Pro Tempore shall become the Mayor and shall hold office until his or her successor is elected and qualified. Such successor shall be elected to the office for the unexpired term at the first regular municipal election that occurs more than 40 days after the vacancy has occurred, except that when the unexpired term ends within one year immediately following the date of the election, an election to fill the unexpired term shall not be held and the President of the Legislative Authority shall hold the office for the unexpired term.

(R.C. § 733.25)


§ 31.023 DISPOSITION OF FINES AND OTHER MONEYS.

   (A)   Except as otherwise provided in R.C. § 4511.193, all fines, forfeitures and costs in ordinance cases and all fees that are collected by the Mayor, that in any manner come into the Mayor’s hands, or that are due the Mayor or the Chief of Police or other officer of the municipality, any other fees and expenses that have been advanced out of the treasury of the municipality, and all money received by the Mayor for the use of the municipality shall be paid by the Mayor into the treasury of the municipality on the first Monday of each month. At the first regular meeting of the Legislative Authority each month, the Mayor shall submit a full statement of all money received, from whom and for what purposes received, and when paid into the treasury. Except as otherwise provided by R.C. § 307.515 or R.C. § 4511.19, all fines and forfeitures collected by the Mayor in state cases, together with all fees and expenses collected that have been advanced out of the county treasury, shall be paid by the Mayor to the county treasury on the first business day of each month. Except as otherwise provided by R.C. § 307.515 or R.C. § 4511.19, the Mayor shall pay all court costs and fees collected by the Mayor in state cases into the municipal treasury on the first business day of each month.

   (B)   This section does not apply to fines collected by the Mayor’s Court for violations of R.C. § 4513.263(B), or any substantially equivalent municipal ordinance, all of which shall be forwarded to the Treasurer of State as provided in R.C. § 4513.263(E).

(R.C. § 733.40) (Rev. 2010)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. The Council of the Village of Rutland provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly.Hosted by: The Council of the Village of Rutland
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