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Village Charter

Adopted, November 6, 1962
PREAMBLE
We, the people of the Village of Chagrin Falls, in the County of Cuyahoga and State of Ohio, in order to secure for ourselves the fullest measure of municipal home rule and local self-government under the Constitution and laws of the State of Ohio and to preserve the character of our community, do hereby adopt this Charter.
ARTICLE I
THE MUNICIPALITY
SECTION I-1.  NAME.
   The municipal corporation now existing in the County of Cuyahoga and State of Ohio and known as the Village of Chagrin Falls shall continue to be a body politic and corporate under the name of the Village of Chagrin Falls or the City of Chagrin Falls according to the classification of municipal corporations under the Constitution and laws of the State of Ohio then in effect. The provisions of this Charter shall apply whether this Municipality is a village or a city.
(Amended 11-3-81)

SECTION I-2.  BOUNDARIES.

   The Municipality shall have the same boundaries as exist on the effective date of this Charter, with the power and authority to change its boundaries and annex other territory contiguous thereto in the manner authorized by the laws of Ohio.

 

ARTICLE II
POWERS OF THE MUNICIPALITY

   SECTION II-1.  POWERS.
   The Municipality shall have all the powers, general or special, governmental or proprietary, that may now or hereafter lawfully be possessed or exercised by municipal corporations under the Constitution and laws of the State of Ohio.

   SECTION II-2.  MANNER OF EXERCISE.
   The powers of this Municipality shall be exercised in the manner prescribed in this Charter, or to the extent not prescribed herein, then in such manner as the Council may determine, and when not prescribed in this Charter or determined by Council, such powers shall be exercised in such manner as may now or hereafter be provided by the general laws of the State of Ohio.

ARTICLE III
MAYOR

   SECTION III-1.  TERM.
   The Mayor shall be elected at the regular Municipal election held in the year 2007 and every four years thereafter for a term of four years commencing on the first day of January next following such election, and shall serve until a successor is elected and qualified.
(Amended 11-7-06)

   SECTION III-2.  QUALIFICATIONS.
   The Mayor shall have been a resident and a qualified elector of the Municipality for at least two continuous years prior to the mayoral election and shall continue to be a resident of the Municipality throughout the term of office. The Mayor shall not hold any other public office, except as otherwise provided in this Charter or by ordinance enacted thereunder, and that of notary public or membership in the State Militia or reserve corps of the United States.

   SECTION III-3.  REMOVAL.
   The Council may remove the Mayor for gross misconduct, or malfeasance, misfeasance or nonfeasance in or disqualification for office, or for the conviction while in office of a crime involving moral turpitude, or if adjudicated legally incompetent or for a violation of the oath of office; provided, however, that such removal shall not take place without the affirmative vote of three-fourths of the members of Council nor until the Mayor shall have been notified in writing of the charge at least ten days in advance of a public hearing upon such charge, and the Mayor or the Mayor’s counsel has been given an opportunity at such hearing to be heard, present evidence, or examine any witness appearing in support of the charge.

   SECTION III-4.  ABSENCE AND VACANCY.
   (a)   Absence. When the Mayor is for any reason unable to perform Mayoral duties, the President of Council shall become the acting Mayor, and while so acting shall have and exercise all of the powers of the Mayor, but shall not thereby cease to be the President of Council. In the event the President of Council is absent from the Municipality, or for any reason is unable to perform the duties of acting Mayor, the President pro tem of Council shall become the acting Mayor, and while so acting shall have all the powers and duties of the Mayor, but shall not thereby cease to be President pro tem of Council.
(Amended 11-4-86)
   (b)   Vacancy. If the office of Mayor becomes vacant, the President of Council shall forthwith become Mayor for the unexpired term and the President pro tem shall become the President of Council. Thereupon, the vacancy in Council shall first be filled in the manner provided in Section 6 of Article IV, and then a new President pro tem shall be chosen by Council. If the President of Council declines to serve as Mayor, Council shall then appoint by majority vote one of its members as Mayor for the unexpired term. If a Mayor-elect fails to qualify for office, a vacancy shall be deemed to exist and the President of Council elected at the organization meeting following such regular Municipal election shall become Mayor for that term as provided above.

   SECTION III-5.  DUTIES AND POWERS.
   (a)   Executive Powers. The Mayor shall be the chief executive officer of the Municipality, and shall:
      (1)   Supervise the administration of the Municipality’s affairs;
      (2)    Exercise control over all departments and divisions thereof, except Council;
      (3)    Be the chief conservator of the peace within the Municipality and shall cause all laws and ordinances to be enforced therein;
      (4)    See that all terms and conditions imposed in favor of the Municipality or its inhabitants in any franchise or contract to which the Municipality is a party are faithfully kept and performed;
      (5)    Recommend to Council such measures as are deemed necessary or expedient for the welfare of the Municipality and shall keep Council advised of the condition and future of the Municipality;
      (6)    Act as the official and ceremonial head of the Municipal government;
      (7)    Together with the Director of Finance, when public funds are involved, execute on behalf of the Municipality all contracts, conveyances, evidences of indebtedness, and all other instruments to which the Municipality is a party;
         (Amended 11-3-81)
      (8)    Shall have custody of the seal of the Municipality and may affix it to all of the aforesaid documents, but the absence of the seal shall not affect the validity of any such instrument; and
      (9)    Perform such other duties as are conferred or required by this Charter, or by any ordinance or resolution of the Council or by the laws of the State of Ohio.
   Subject to the provisions of this Charter and the provisions of the civil service regulations when they are promulgated as provided in this Charter, the Mayor shall have the power to appoint, promote, discipline, transfer, reduce, or remove any officer or employee of the Municipality except those required by this Charter to be elected, those whose terms of office may be fixed by this Charter and employees of Council.
   (b)   Legislative Powers. The Mayor shall attend Council meetings but shall have no vote therein. The Mayor shall have the right to recommend and introduce legislation and to take part in the discussion of all matters coming before Council.
   (c)   Veto Powers. Every ordinance or resolution adopted by Council shall be signed by the President of Council or other presiding officer, attested by the Clerk of Council and presented promptly to the Mayor. If the Mayor approves such ordinance or resolution, it shall be signed and returned to the Clerk of Council within ten days after its adoption by Council, but if the Mayor does not approve it, it shall be returned to Council within said ten days with the Mayor’s written objections by delivery to the Clerk of Council, which objections shall be entered in full on the journal of the Council. If the Mayor does not sign or so return an ordinance or resolution within said ten-day period, it shall take effect in the same manner as if the Mayor had signed it. The Mayor may approve or disapprove the whole or any item of an ordinance or resolution appropriating money, but otherwise the Mayor’s approval or disapproval shall be addressed to the entire ordinance or resolution. When the Mayor has disapproved an ordinance or resolution, or a part or item thereof as herein provided, the Council shall not later than its next regular meeting, proceed to reconsider it, and if upon reconsideration the ordinance or resolution or part or item thereof disapproved by the Mayor be approved by the affirmative vote of at least two-thirds of the members of Council, it shall then take effect without the signature of the Mayor in the same manner as if the Mayor had signed it. In all such cases, the votes shall be taken by yeas and nays and entered upon the journal.
   (d)   Judicial Powers. The Mayor shall have all the judicial powers granted from time to time by the general laws of the State of Ohio to mayors of municipalities of the class of this Municipality.
(Amended 11-2-76; 11-8-11)

ARTICLE IV
COUNCIL

   SECTION IV-1.  NUMBER AND TERM.
   The Council shall consist of seven members elected at large for terms of two years, except as herein provided, commencing on the first day of January next following their elections and to serve until their successors are chosen and qualified.
(Amended 11-3-81; 11-8-11)

   SECTION IV-2.  QUALIFICATIONS.
   Each member of Council shall have been a resident and qualified elector of the Municipality for at least two continuous years prior to his election and shall continue to be a resident of the Municipality throughout his term of office. A member of Council shall not hold any other public office, or hold employment with said Municipality, except as otherwise provided in this Charter or by ordinance enacted thereunder, and that of notary public or membership in the State Militia or reserve corps of the United States.
   Any member of Council who shall cease to possess, or who violates any of the qualifications herein enumerated may be removed from office, but failure to maintain said qualifications shall not render void or ineffective any action of Council in which such member has participated.
(Amended 11-2-76)

   SECTION IV-3.  ORGANIZATION.
   On the second day of January each year (or if such date be a Saturday or Sunday, then the following Monday), the Council shall meet in the Council Chamber for the purpose of organization. The Council shall adopt its own rules, regulations and/or by-laws except as otherwise provided in this Charter.
(Amended 11-3-81)

   SECTION IV-4.  PRESIDENT OF COUNCIL AND PRESIDENT PRO TEM.
   The Council shall at the time of its organization choose one of its members as President of Council and another as President pro tom, who shall preside at meetings of Council in the absence of the President of Council. The President of Council shall have all the powers, duties, functions, obligations and rights of any other member of Council, including the right to vote; shall preside at all meetings of Council; and shall appoint the various committees of Council, co-ordinating the work of the various committees appointed by the Council President.

   SECTION IV-5.  REMOVAL.
   The Council shall be the judge of the election and qualifications of its own members. It may remove any member for gross misconduct, or malfeasance in or disqualification for office, or for the conviction while in office of a crime involving moral turpitude, or if adjudicated legally incompetent, or for a violation of the oath of office, or persistent failure to abide by the rules of the Council; provided, however, that such removal shall not take place without the affirmative vote of three-fourths of the remaining members of Council nor until the accused member shall have been notified in writing of the charge at least ten days in advance of a public hearing upon such charge, and the Councilperson or the Councilperson’s counsel has been given an opportunity to be heard, present evidence, or examine any witness appearing in support of the charge. The accused member shall not vote on the question of removal.

   SECTION IV-6.  VACANCIES.
   Any vacancy in the Council or an office thereof shall be filled by a majority vote of the remaining members of Council for the unexpired term. If the vacancy is not filled within thirty days after it shall have occurred, the Mayor shall fill it by appointment.

   SECTION IV-7.  COUNCIL MEETINGS.
   The Council shall hold at least one regular meeting in each calendar month. A majority of the members of the Council shall constitute a quorum for the transaction of business at any meeting of the Council, but a lesser number may adjourn the meeting from time to time. At any meeting at which a quorum is present, any ordinance or resolution may be passed or adopted, or any other action may be taken, by the affirmative vote of four members of Council unless a larger number be required by the provisions of this Charter. The Clerk of Council shall keep a record of its proceedings in a journal in which the yea or nay vote of each Councilman voting on every ordinance or resolution or the reconsideration of legislation vetoed by the Mayor, and the action of Council on other measures shall be recorded. All meetings of Council called for the purpose of transacting public business, where a majority of the members elected are present, shall be open to the public unless a private executive session is called pursuant to the Ohio Revised Code.
(Amended 11-8-88)

   SECTION IV-8.  POWER AND DUTIES.
   The legislative powers of the Municipality, except as otherwise provided by this Charter and by the Constitution of the State of Ohio, shall be vested in the Council. The Council shall by ordinance make provision for:
   (a)    The time and place of regular meetings of the Council;
   (b)    The method of calling special meetings of the Council;
   (c)    The method of giving public notice of the enactment of its ordinances and resolutions and of any other of its acts or proceedings which it deems proper to publish.
   The Council may by ordinance make provision for:
   (d)    The form and method or enactment of its ordinances and resolutions, provided that no ordinance or resolution shall contain more than one subject which shall be clearly expressed in its title, and provided further that no ordinance or resolution of a general or permanent nature or granting a franchise, creating a right, involving the expenditure of money or the levying of a tax other than a resolution providing for an election on the question of issuing bonds or levying a tax, or for the purchase, lease, sale or transfer of property shall be passed unless it has been read in full or by caption on three different days unless the requirement for such reading be dispensed with by the affirmative vote of two-thirds of the members of Council;
      (Amended 11-7-06)
   (e)    The procedure for making public improvements and levying assessments, including the procedure for combining two or more public improvements, and the levying of assessments therefor, in one proceeding if the Council finds that it will be economical and practical to undertake such improvements jointly;
   (f)   The advertising and awarding of contracts;
   (g)    Such other general regulations as the Council may deem necessary.

   SECTION IV-8A. ADMINISTRATIVE AUTHORITY.
   In addition to the legislative power granted herein, Council shall have the power to hear appeals and to grant exceptions to and variances in the application of resolutions, ordinances, regulations, measures and orders of administrative officials or agencies governing zoning in the Municipality in such manner as it shall establish by ordinance, provided that no such appeal shall be heard, or exception or variance granted, until Council shall have received the recommendation of the Board of Zoning Appeals.
(Enacted 11-6-07.)

   SECTION IV-9.  EFFECTIVE DATE OF ORDINANCES AND RESOLUTIONS.
   Each ordinance or resolution providing for (a) the appropriation of money, (b) an annual tax levy, (c) improvements petitioned for by the owners of a majority of the foot frontage of the property benefited and to be specially assessed therefor and (d) any emergency ordinance or resolution necessary for the immediate preservation of the public peace, health or safety, shall take effect, unless a later time be specified therein, upon its signature by the Mayor, or upon the expiration of the time within which it may be disapproved by the Mayor, or upon its passage after disapproval by the Mayor, as the case may be. All other ordinances and resolutions shall take effect and be operative in the manner provided by the general laws of the State of Ohio. Each emergency measure shall contain a statement of the necessity for such emergency action and shall require the affirmative vote of two-thirds of the members of the Council for its enactment. No ordinance or resolution (a) relating to any changes in the boundaries or the zoning ordinance of the Municipality, (b) providing for the surrender or joint exercise of any of its powers, (c) granting any franchise, or (d) contracting for the supply to the Municipality or its inhabitants of the product or service of any utility, whether Municipally owned or not, shall be enacted as an emergency measure.

   SECTION IV-10.  EMPLOYEES OF COUNCIL.
   Council may employ such employees as it may deem necessary for the proper discharge of its legislative duties. Any person employed by the Council shall serve at the pleasure of the Council and shall not be subject to civil service regulations.

ARTICLE V
DIRECTOR OF FINANCE

   SECTION V-1.  APPOINTMENT AND TERM.
   The Director of Finance shall be appointed by the Mayor, subject to confirmation by a majority vote of all members of Council. The Director of Finance may be removed from office by the Mayor, but such removal shall not take place without the concurrence of a majority of all the members of Council,
   Any vacancy in said office shall be filled by the same procedure.
(Amended 11-4-86)

   SECTION V-2.  QUALIFICATIONS.
   The Director of Finance shall not hold any other public position or office, except as otherwise provided in this Charter or by ordinance enacted thereunder, and that of notary public or membership in the State Militia or reserve corps of the United States.
(Amended 11-8-66)

   SECTION V-3.  DUTIES.
   The Director of Finance shall be the head of the Department of Finance and the fiscal officer of the Municipality, and shall:
   a.    Keep the financial accounts of the Municipality, including taxes and assessments, monies due to, and all receipts and disbursements by the Municipality.
   b.    Be the custodian of all monies of the Municipality and shall perform the functions of the Treasurer of the Municipality.
   c.    Assist the Mayor and Council in the preparation of estimates, budgets and appropriations and shall keep the Mayor and Council informed as to the financial condition of the Municipality from time to time as Council or the Mayor may request.
   d.    Examine all payrolls, bills and other claims against the Municipality, and shall issue no warrant unless the claim is found to be in proper form, correctly computed, duly approved and that it is due and payable and that an appropriation has been made therefor.
   e.    Be the Clerk of Council and in that capacity shall keep a record of all proceedings of Council and shall authenticate all records, documents and instruments of the Municipality on which authentication is necessary.
   f.    Perform such other duties as may be prescribed by Council not inconsistent with the provisions of this Charter.
(Amended 11-8-66)

   SECTION V-4.  ASSISTANT DIRECTOR OF FINANCE AND EMPLOYEES IN DEPARTMENT OF FINANCE.
   (EDITOR’S NOTE: Article V, Section 4. Assistant Director of Finance and Employees in Department of Finance was repealed by the voters 11-2-76.)

ARTICLE VI
CHIEF ADMINISTRATIVE OFFICER

   SECTION VI-1.  APPOINTMENT AND TERM.
   A Chief Administrative Officer shall be appointed by the Mayor, subject to confirmation by a majority vote of all members of Council. The Chief Administrative Officer may be removed by the Mayor, but such removal shall not take place without the concurrence of a majority of all the members of Council. In the event the position of Chief Administrative Officer is vacant for ninety (90) or more days, Council may appoint the Chief Administrative Officer.
(Amended 11-4-86)

   SECTION VI-2.  DUTIES.
   The Chief Administrative Officer shall be the head of the Department of Public Service and shall:
   a.    Manage, conduct, and supervise all operations of the Municipally-owned utilities.
   b.    Make investigations and analyses of finances of the Municipally-owned utilities, and make recommendations to Council and the Mayor concerning all charges and rates to be made for services rendered and all extensions and curtailments of service.
   c.    Make investigations and recommendations to Council and the Mayor concerning all new construction, maintenance and replacement of existing facilities and equipment, and planning of future operations of the Municipally-owned utilities.
   d.    Be responsible for the construction, improvement, repair and maintenance of all public streets and alleys, public buildings, drains, ditches, storm sewer facilities, parks, playgrounds, and public places; except that public cemeteries shall remain under the jurisdiction of the Board of Cemetery Trustees.
   e.    Make investigations and recommendations to the Mayor and Council concerning bids for public contracts.
   f.    Supervise the lighting, sprinkling and cleaning of public streets and places.
   g.    Be the Building Inspector of the Municipality and charged with the duty of issuing building permits and enforcing the zoning and building code regulations of the Municipality.
   h.    Act as the purchasing agent for the Municipality and have such powers and duties in connection therewith as prescribed by Council.
   i.    Have such other powers and duties as may be prescribed by ordinance of Council.

ARTICLE VII
ADMINISTRATIVE OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS

   SECTION VII-1.  GENERAL PROVISIONS.
   The Municipality shall have a Department of Finance, a Department of Public Service, a Police Department, a Fire Department, a Director of Law, a Planning and Zoning Commission, a Board of Zoning Appeals, an Architectural Review Board, and a Board of Cemetery Trustees. The Council shall provide by ordinance for the organization and duties thereof not provided for by this Charter and shall fix the compensation of the employees therein.
   The Council may establish by ordinance new departments or divisions thereof, and with the exception of the departments, boards or commissions established by this Charter, may combine or abolish existing departments or divisions as it may deem necessary and may authorize one person to be head of two or more departments or divisions.
(Amended 11-3-81)

   SECTION VII-2.  POLICE AND FIRE OFFICERS.
   (a)    The Police Chief shall be the head of the Department of Police and shall be appointed by the Mayor, subject to confirmation by a majority of all members of Council, and may be removed from office by the Mayor only by and with the concurrence of a majority of all members of Council.
   (b)   The Chief of Police shall either be appointed from the ranks of the Police Department of Chagrin Falls or shall have had not less than ten (10) years training and experience in law enforcement in a police organization of at least comparable size to that of this Municipality.
   (c)   The Fire Chief shall be the head of the Department of Fire and shall be appointed by the Mayor, subject to confirmation of a majority of all members of Council, and may be removed from office by the Mayor only by and with the concurrence of a majority of all members of Council.
   (d)   The Fire Chief shall either be appointed from the ranks of the Fire Department of Chagrin Falls or shall have had not less than ten (10) years training and experience in firefighting in a firefighting organization of at least comparable size to that of this Municipality.
   (e)   Until such time as a Civil Service Commission is established by Council, or when the Municipality becomes a city, the regular police and fire officers may be removed for the causes and under the procedure provided by the general laws of the State of Ohio for the removal of Village police and fire officers.
(Amended 11-3-81)

   SECTION VII-3.  DIRECTOR OF LAW.
   The Director of Law shall be chief legal officer of the Municipality and shall be appointed by the Mayor, subject to confirmation by a majority vote of the members of Council.  The Director of Law may be removed by the Mayor, but such removal shall not take place without the concurrence of a majority of all the members of Council.  The Director of Law shall serve the Mayor, the Council, the administrative departments and the officers, boards and commissions of the Municipality as legal counsel in connection with Municipal affairs; and shall represent the Municipality in all proceedings in court or before any administrative board; and shall perform such other duties, consistent with the office, as may be required by this Charter, by ordinance of the Council, or as directed by the Mayor.  No person shall act as Director of Law unless duly admitted to practice law in the State of Ohio.
(Amended 11-6-01)

   SECTION VII-4.  PLANNING AND ZONING COMMISSION.
   There is hereby created a Planning and Zoning Commission which shall consist of one member of Council elected by the Council annually and four electors of the Municipality, not holding other Municipal office or appointment, to be appointed for terms of four years by the Mayor, subject to confirmation by a majority vote of the members of Council. The member of Council shall not hold any office on the Commission. A vacancy occurring during the term of any member shall be filled for the unexpired term in the manner authorized for an original appointment.
   The Commission shall choose from its members a Chairman, Secretary and such other officers as it shall deem necessary; shall make its own rules and regulations; and shall keep a journal of its proceedings. The Commission shall appoint or reappoint its officers at its first regular meeting in January of each year. Members of the Commission shall serve without compensation unless otherwise provided by ordinance.
   The Commission shall meet at least once a month. A majority of the members of the Commission shall constitute a quorum for the transaction of business and the affirmative vote of three members of the Commission shall be necessary for any official action.
   The Commission shall have such power and perform such duties as may be prescribed by ordinance of Council or by the laws of Ohio to the extent they are not inconsistent with this Charter or such ordinances.
(Amended 11-3-81; 11-4-86)

   SECTION VII-5.  BOARD OF ZONING APPEALS.
   There is hereby created a Board of Zoning Appeals which shall consist of one (1) member of Council elected by the Council annually, who shall not hold any office on the Board, and who does not simultaneously hold an appointment to the Planning Commission, and four electors of the Municipality, none of whom shall hold any other municipal office or appointment in the Village of Chagrin Falls, to be appointed for terms of four (4) years by the Mayor, subject to confirmation by a majority vote of the members of Council.  Those members in office on the effective date of this provision shall be permitted to complete their term of appointment, even if they are in contravention of this section.
   A vacancy occurring during the term of any member shall be filled for the unexpired term in the manner authorized for an original appointment.
   The Board of Zoning Appeals shall hear requests for appeals, and requests for exceptions to and variances in the application of resolutions, ordinances, regulations, measures and orders of administrative officials or agencies governing zoning and building in the Municipality, and make recommendations to Council regarding such matters, under such procedures as are established by Council.  Such Board shall have such other duties and functions as may be provided by ordinance of Council.
(Amended 11-6-07.)

   SECTION VII-6.  CIVIL SERVICE COMMISSION.
   At such time as the Municipality shall become a City, Council shall, and prior to that time may, by ordinance provide for and establish a Civil Service Commission and a civil service system. The Commission shall consist of three electors of the Municipality, not holding other Municipal office or employment, to be appointed by the Mayor, subject to confirmation by a majority vote of the members of Council, for terms of six years each, except that the three original members of the Commission shall be appointed for terms expiring on the last day of December of the second, fourth and sixth years after their appointment. A vacancy occurring during the term of any member of the Civil Service Commission shall be filled for the unexpired term in the manner authorized for an original appointment. The Commission shall designate one of its members as chairman and may appoint a secretary who need not be a member of the Commission and may hold other Municipal office or appointment.
   The Council shall determine which employees of the Municipality shall be within the classified service and which shall be within the unclassified service, provided that regular full-time members of the Police and Fire Departments other than the Chief of Police and Fire Chief shall be in the classified service, and provided further that persons, other than those serving a probationary period of employment, who have been continuously employed on a full-time basis in the service of the Municipality in the same or a similar position in the classified service for at least ninety days prior to the date such position is placed in the classified service, shall be retained in the same or similar position without examination until discharged, reduced, disciplined, promoted or transferred in accordance with the rules and regulations of the Commission.

   SECTION VII-7.  BOARD OF CEMETERY TRUSTEES.
   The Board of Cemetery Trustees of the Municipality shall consist of three members who shall be appointed by the Mayor, subject to confirmation by a majority vote of all members of Council, whose term of office, organization and duties shall be as provided by the laws of the State of Ohio applicable thereto.
(Amended 11-8-66)

   SECTION VII-8.  MUNICIPAL ENGINEER.
   The Council may by ordinance provide for the employment of a Municipal Engineer who shall be appointed by the Mayor, subject to confirmation by a majority vote of all members of Council.  The Municipal Engineer may be removed by the Mayor, but such removal shall not take place without the concurrence of a majority of all the members of Council.  The Municipal Engineer shall be a registered professional engineer in the State of Ohio, shall perform such duties as may be prescribed by Council, and shall receive such compensation by fees or salary, or both, as may be provided by ordinance of Council.
(Amended 11-7-06)

   SECTION VII-9.  ARCHITECTURAL BOARD OF REVIEW.
   There is hereby established an Architectural Board of Review which shall consist of three voting members and two architect advisors, all of whom shall be appointed by the Mayor and confirmed by Council for three-year terms, except that in January of 2009 one voting member and one architect advisor shall each be appointed to a three year term, one voting member and one architect advisor shall each be appointed to a two year term and one voting member shall be appointed for a one year term, all subject to the confirmation of Council.
   At least one voting member and the two architect advisors of the Architectural Board of Review shall be architects, duly registered and authorized to practice architecture in and under the laws of the State, and shall have been actively engaged in the general practice of architecture as registered architects in the State for a period of not less than three years prior to their appointment to such Board; the architect member of the Board and the architect advisors may reside outside the Village.  Two members of the Architectural Board of Review shall be residents of the Village of Chagrin Falls and need not be architects.  The architect advisors shall serve in an advisory capacity, only, and shall not exercise any authority of the Village.  No voting member or architect advisor of the Architectural Board of Review shall participate in the review or approval of any work of which he or she or any partner or professional associate of his or hers is the author, or in which he or she or they have a direct or indirect financial interest.  An architect advisor may present matters to the Board which he or she has authored, or in which he or she has a direct or indirect financial interest, but that advisor shall not serve in an advisory capacity to the Board for such matters.
   The purposes of the Architectural Board of Review are to preserve and protect the public health, safety and welfare by maintaining the high character of community development and protecting the real estate within the Municipality from impairment or destruction of value by regulating, according to proper architectural principles, the design, use of materials, finished grade lines and orientation of all new buildings, signs and structures, hereafter erected, and the moving, alteration, improvement, repair, adding to or razing in full or in part of the exterior of all existing buildings.  Such regulations shall take into consideration the historical and architectural nature of existing buildings, signs and structures within the Municipality and the compatibility of proposed changes or proposed new buildings, signs and structures with such existing buildings, signs and structures.  The Board shall exercise such other powers and duties as may be established by ordinance of Council.  The Board may not act without a quorum present.  A quorum shall consist of a minimum of two voting members of the Board and, if neither of the voting members of the Board is an architect, one architect advisor must be present to establish the quorum.
(Amended 11-4-08)

   SECTION VII-10.  REMOVAL OF MEMBERS OF THE PLANNING AND ZONING COMMISSION, BOARD OF ZONING APPEALS, ARCHITECTURAL BOARD OF REVIEW AND BOARD OF CEMETERY TRUSTEES.
   The Mayor may remove any member appointed to the Planning and Zoning Commission, Board of Zoning Appeals, Architectural Board of Review or Board of Cemetery Trustees, at any time for neglect of duty, inefficiency, malfeasance, misfeasance, or nonfeasance in office, incapacity or incompetency, or for conflict of interest, provided, however, that such removal shall not become final without the concurrence of a majority of the members of Council. The Council may remove any such appointee, without the consent of the Mayor, upon unanimous consent of its members, for the same reasons.
(Added 11-3-81)

ARTICLE VIII
FINANCES AND TAXATION

   SECTION VIII-1.  GENERAL.
   The laws of the State of Ohio relating generally to budgets, appropriations, deposits, expenditures, debts, bonds, and other fiscal matters of the Municipality shall be applicable to the Municipality, except as modified by or necessarily inconsistent with the provisions of this Charter and except when provision therefor is made in the Constitution of the State of Ohio. Separate books of account shall be maintained for each Municipally-owned utility.

   SECTION VIII-2.  LIMITATION ON RATE OF TAXATION.
   The power of Council to levy taxes shall be subject to the limitations now or hereafter provided by the Constitution and the general laws of the State of Ohio and nothing contained in this Charter shall be construed as authorizing the levy of any taxes in excess of such limitation without a vote of the people.

ARTICLE IX
NOMINATIONS AND ELECTIONS

   SECTION IX-1.  MUNICIPAL ELECTIONS.
   Regular Municipal elections shall be held on the first Tuesday after the first Monday of November in each odd numbered year. Such other elections shall be held as may be required by law or authorized by this Charter. Any matter which, by the terms of this Charter may be submitted to the electors at any special election, may be submitted at the time of a primary or regular election.
(Amended 11-2-71)

   SECTION IX-2.  GENERAL PROVISION.
   Nominations for elective officers of this Municipality shall be made only by petition, signed by registered electors of the Municipality not less in number than two percent (2%) of the number voting at the last regular election of Municipal officers and accompanied by the written acceptance of the nominee. The nomination of each candidate shall be made by separate petition. No primary election shall be held for the selection of candidates for any elective office of the Municipality. No nomination to any elective office of this Municipality shall be of any effect unless made as required by this section. The ballot used in the election of officers of the Municipality shall be without party mark or designation. The names of all candidates for Municipal office shall be placed upon the ballot, and shall be rotated in the manner provided by the general law of Ohio. Except as provided in this Charter, the general laws of Ohio shall govern the nomination and election of the elective officers of the Municipality.
(Amended 11-2-71)

   SECTION IX-3.  DECLARATION OF CANDIDACY.
   Each person desiring to become a candidate shall, not later than 4:00 p.m. of the seventy-fifth (75th) day before the first (1st) Tuesday after the first (1st) Monday in November, file with the Board of Elections of Cuyahoga County, Ohio, the petition and written acceptance of the nominee.
(Amended 11-3-81)

   SECTION IX-4.  DESIGNATION OF CANDIDATES.
(Repealed 11-2-71)

   SECTION IX-5.  INDEPENDENT CANDIDATES.
(Repealed 11-2-71)

   SECTION IX-6.  GENERAL PROVISION.
(Repealed 11-2-71)

ARTICLE X
INITIATIVE, REFERENDUM AND RECALL

   SECTION X-1.  INITIATIVE AND REFERENDUM.
   Ordinances and resolutions may be proposed by initiative petition and adopted by election, and ordinances and resolutions adopted by Council shall be subject to referendum, to the extent and in the manner now or hereafter provided by the Constitution or laws of the State of Ohio. Initiative and referendum petitions shall be filed with the Clerk of Council.
(Amended 11-2-76)

   SECTION X-2.  RECALL.
   The electors shall have the power to remove from office by a recall election any elected officer of the Village. If an elected officer shall have served for six months of a term, a petition demanding removal may be filed with the Clerk of Council who shall note thereon the name and address of the person filing the petition and the date of such filing. Such petition shall be signed by at least that number of electors which equals twenty-five per cent of the electors voting for the office of Mayor at the past preceding regular Municipal election. Within ten days after the day on which such petition shall have been filed, the Clerk of Council shall determine whether or not it meets the requirements hereof. If the Clerk of Council shall find the petition insufficient, he or she shall promptly certify the particulars in which the petition is defective, deliver a copy of the certificate to the person who filed the petition, and make a record of such delivery. Such persons shall be allowed a period of twenty days after the day on which such delivery was made in which to make the petition sufficient. If the Clerk of Council shall find the petition sufficient, he or she shall promptly so certify to the Council, shall deliver a copy of such certificate to the officer whose removal is sought, and shall make a record of such delivery. If such officer shall not resign within five (5) days after the day on which such delivery shall have been made, the Council shall thereupon fix a day for holding a special recall election, not less than thirty nor more than forty-five days after the date of such delivery. At such recall election this question shall be placed on the ballot: “Shall (naming the officer) be removed from office as (naming the office) of the Village/City of  Chagrin Falls?” with provision on the ballot for voting affirmatively or negatively on such question. If a majority of the votes cast at such election shall be voted negatively, such officer shall remain in office. If a majority of the votes cast shall be voted affirmatively, such officer shall be considered as removed, the office shall be deemed vacant, and such vacancy shall be filled as provided in this Charter. The officer removed by such recall election shall not be eligible for appointment to the vacancy created thereby.
(Amended 11-2-76)

   SECTION X-3.  PETITIONS.
   Any initiative, referendum or recall petition may be circulated in separate parts, but the separate parts shall be bound together and filed as one instrument. Each part shall contain in the case of the initiative or referendum, a full and correct copy of the title and text of the proposed or referred ordinance or resolution, and in the case of the recall, the name and office of the person whose removal is sought and a statement in not more than 200 words of the grounds for the proposed removal. The manner of signing, the method of circulating, the form and requirements as to the affidavit, and the other requirements of the general laws of the State of Ohio regulating initiative and referendum petitions, shall apply in the case of initiative, referendum and recall in this Municipality, except as otherwise provided in this Charter.

   SECTION X-4.  REZONING-REFERENDUM.
   Any ordinance which provides for a change in the existing Municipal Zoning Map or which otherwise provides for a change in the use of property from the uses presently authorized by the existing Municipal Zoning Map, including Municipally owned or controlled property, shall be subject to referendum by submission to the electors of the Municipality upon the filing with the Municipal Clerk of a petition signed by thirty (30) registered electors of the Municipality within thirty days after the ordinance shall have been filed with the Mayor, or in case the Mayor has vetoed the ordinance within thirty days after Council has passed the ordinance over a veto; the Municipal Clerk shall certify the text of the ordinance to the Cuyahoga County Board of Elections for submission to the electors of the Municipality for rejection or approval at the next succeeding general, primary or special election in the Municipality. No ordinance which is made the subject of a referendum petition as provided herein shall become effective until approved by a majority of the electors voting thereon.
(Amended 11-5-91)

ARTICLE XI
AMENDMENTS TO CHARTER

   SECTION XI-1.  PROCEDURE.
   The Charter may be amended as provided by Article XVIII, Section 9, of the Constitution of Ohio by the submission of the proposed amendments to the electors of the Municipality.
   If any such amendment is approved by a majority of the electors voting thereon, it shall become a part of this Charter, except that if two or more inconsistent proposed amendments on the same subject shall be submitted at the same election, only the one of such amendments receiving the highest number of affirmative votes, not less than a majority, shall become a part of this Charter.

   SECTION XI-2.  CHARTER REVIEW.
   In January, 1966 and each five years thereafter, the Mayor shall appoint, subject to confirmation by a majority vote of Council, five electors of the Municipality holding no other office, appointment or employment in the government of the Municipality, as members of a Charter Review Commission. Such Commission shall review the Charter, and within five calendar months after such appointment, recommend to Council such amendments, if any, to this Charter, as in its judgment are desirable. The Council may by a two-thirds vote of its members submit to the electors not later than the next succeeding general election any such proposed amendments. The members appointed to said Commission shall serve without compensation. Meetings of the Charter Review Commission shall be open to the public.

ARTICLE XII
GENERAL PROVISIONS

   SECTION XII-1.  EFFECTIVE DATE OF CHARTER.
   The provisions of this Charter shall become effective January 1, 1963. The Mayor and Council elected at the November 7, 1961 Municipal election, or their successors, shall perform all the duties and functions of the Mayor and Council under this Charter, and their terms shall be as provided for herein.
(Amended 11-3-81)

   SECTION XII-2.  EFFECTIVE DATE OF AMENDMENTS.
   All amendments to this Charter shall become effective on January 1 of the year following the election at which such amendments are adopted pursuant to law, unless the amendments themselves call for a different effective date, in which event the specific effective date called for shall be binding.
(Added 11-3-81)

   SECTION XII-3.  CONTINUANCE OF PRESENT EMPLOYEES.
   Every employee of the Municipal government on December 31, 1962, shall continue in such employment and thereafter shall be subject in all respects to the provisions of this Charter.

   SECTION XII-4.  EFFECT OF CHARTER ON EXISTING LAWS AND RIGHTS.
   The adoption of this Charter shall not affect any pre-existing rights of the Municipality, nor any right or liability or pending suit or prosecution, either on behalf of or against the Municipality or any officer thereof, nor any franchise granted by the Municipality, nor pending proceedings for the authorization of public improvements or the levy of assessments therefor. Except as a contrary intent appears herein, all acts of the Council of the Municipality shall continue in effect until lawfully amended or repealed.

   SECTION XII-5.  SALARIES, COMPENSATION AND BONDS.
   The Council shall have the power to fix the salaries of its members and of all other officers and employees of the Municipality, whether elected or appointed, and to establish such bonds as in the opinion of the Council are necessary for the faithful discharge of their duties. The premium of any bond required by the Council shall be paid by the Municipality. The salary of an elected officer shall not be increased during such officer’s term of office, nor decreased during such term except with the consent of the officer involved. If the office is elective, the salary shall be fixed at least thirty days prior to the last date for filing of nominating petitions. The Council may authorize the payment to any officer or employee for travel for any Municipal purpose.

   SECTION XII-6.  CONFLICT OF INTEREST.
   No member of Council or any officer or employee of the Municipality shall have any financial interest, direct or indirect, in any contract with or sale to the Municipality of any materials, supplies or services, or any land or interest in land. Any such person violating the provisions hereof shall forfeit his office and any such contract will be voidable at the option of Council.

   SECTION XII-7.  EFFECT OF PARTIAL INVALIDITY.
   A determination that any part of this Charter is invalid shall not invalidate or impair the force or effect of any other part thereof, except to the extent that such other part is wholly dependent for its operation upon the part declared invalid.

   SECTION XII-8.  INTERPRETATION.
   The article and section headings herein have been inserted for convenience in reference and are not intended to define or limit the scope of, or otherwise affect, any provision of this Charter.
   Whenever the Charter requires the affirmative vote of a stated fraction of the Council, the multiplicand shall be seven reduced by the number of vacancies then existing in the Council.
   The period of residence in the Municipality required by this Charter as a qualification for elective office shall include the period of residence in any territory which has been annexed to the Municipality.