[HISTORY: Adopted by the Board of Trustees of the Village of Oakwood as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-8-2018 by Ord. No. 18-1-8-4]
The 1980 Code, ordinances and certain resolutions of the Village of Oakwood, as codified by General Code, LLC, and consisting of the Chapters l through 283, together with an Appendix, shall be known collectively as the "Code of the Village of Oakwood," hereafter termed the " Code." Wherever reference is made in any of the ordinances and resolutions contained in the Code of the Village of Oakwood to any other ordinance or resolution appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number where such legislation appears in the Code, as if such ordinance or resolution had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of the 1980 Code and ordinances and resolutions in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Village Board of Trustees of the Village of Oakwood, and it is the intention of said Board of Trustees that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
All ordinances of a general and permanent nature of the Village of Oakwood in force on the date of the adoption of this ordinance, inconsistent with the provisions contained therein, and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance.
The repeal of ordinances provided for in § 1-3 above shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any right or liability established, accrued or incurred under any legislative provision of the Village of Oakwood prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of the Village of Oakwood or any penalty, punishment or forfeiture which may result therefrom.
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance brought pursuant to any legislative provision of the Village of Oakwood.
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Oakwood.
Any ordinance of the Village of Oakwood providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Village of Oakwood or any portion thereof.
Any ordinance of the Village of Oakwood appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Village of Oakwood or other instruments or evidence of the Village's indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
The levy or imposition of special assessments or charges.
The annexation or dedication of property.
Any ordinance relating to salaries and compensation.
Any ordinance amending the Zoning Map or providing for variations or PUD approval in accordance with the Village Zoning Ordinance.
Any ordinance relating to or establishing a pension plan or pension fund for Village employees.
Any ordinance adopted subsequent to September 11, 2017.
If any clause, sentence, paragraph, section, article, chapter or part of this ordinance or of any ordinance or resolution included in this Code now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered.
A copy of the Code has been filed in the office of the Village Clerk of the Village of Oakwood and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the Village Clerk of the Village of Oakwood by impressing thereon the Seal of the Village of Oakwood, and such certified copy shall remain on file in the office of said Village Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect. The enactment and publication of this ordinance, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Any and all additions, deletions, amendments or supplements to any of the ordinances and resolutions known collectively as the "Code of the Village of Oakwood" or any new ordinances or resolutions, when enacted or adopted in such form as to indicate the intention of the Village Board of Trustees to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, they shall thereafter be published as amendments and supplements thereto. Nothing contained in this ordinance shall affect the status of any ordinance or resolution contained herein, and such ordinances or resolutions may be amended, deleted or changed from time to time as the Village Board of Trustees deems desirable.
When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in legislation and parts of legislation included in the supplement, insofar as it is necessary to do so to embody it into a unified code. In no case shall the codifier make any change in the meaning or effect of material included in the supplement or already embodied in the Code. For example, the codifier may:
Organize the material into appropriate subsections;
Provide appropriate headlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such headlines, headings and titles;
Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subsection numbers;
Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," etc., as the case may be, or to "§§ _____ to _____" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the material incorporated into the Code); and
Make other nonsubstantive changes necessary to preserve the original meaning of sections inserted into the Code.
It shall be the duty of the Village Clerk to keep up-to-date the Code of the Village of Oakwood. All changes in said Code and all ordinances and resolutions adopted by the Village Board of Trustees subsequent to the enactment of this ordinance in such form as to indicate the intention of said Village Board of Trustees to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes, ordinances or resolutions until such changes, ordinances or resolutions are published as supplements to said Code, at which time such supplements shall be included therein. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
Any person who, without authorization from the Village Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Village of Oakwood or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Oakwood to be misrepresented thereby or who violates any other provision of this ordinance shall be guilty of an offense and shall, upon conviction thereof, be fined in accordance with Chapter 56, Penalties and Enforcement, of the Village Code.
In compiling and preparing the ordinances and resolutions for publication as the Code of the Village of Oakwood, no changes in the meaning or intent of such ordinances and resolutions have been made. In addition, certain grammatical changes, administrative changes, and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Village Board of Trustees that all such changes be adopted as part of the Code as if the ordinances and resolutions had been previously formally amended to read as such.
In addition, the amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances and resolutions as they have been renumbered and appear in the Code.)
Editor's Note: In accordance with § 1-10B, the chapters, parts and sections that were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: [Amended (added, deleted) 1-8-2018 by Ord. No. 18-1-8-4]. Schedule A, which contains a complete description of all changes, is on file in the Village offices.
This ordinance shall be in full force and effect 10 days following publication as provided by law.