Explanation
BACKGROUND: The purpose of this ordinance is to enact new Section 101.08 of the Columbus City Codes, 1959, in order to consistently enable city departments to seek immediate injunctive relief for violations of the City Code. Currently, some Titles allow certain departments to seek an injunction while other Titles require the departments to complete an internal administrative process first. This legislation will correct this inconsistency in the City Code and allow all departments the option of proceeding directly with a civil action for injunctive relief.
FISCAL IMPACT: None.
Title
To amend Chapter 101 of the Columbus City Codes, 1959, to provide for the immediate availability of injunctive relief for violations of the City Codes.
Body
WHEREAS, the Columbus City Codes, 1959, is currently inconsistent with respect to the ability of the various departments to seek immediate injunctive relief for violations of the City Codes; and
WHEREAS, the City Attorney has determined that the City can more effectively prosecute these actions if the remedy of injunctive relief is immediately availalble as opposed to going through the notice of violations process in cases where it may not be appropriate or advisable under the particular circumstances of a case; and
WHEREAS, this legislation will enable all departments to have the option of proceeding directly with a civil action for injunctive relief if it is deemed necessary and appropriate; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
Section 1. That Chapter 101 of the Columbus City Codes, 1959, be and is hereby amended through the enactment of new Section 101.08 which shall read as follows:
101.08 Availability of Injunctive Relief for Violations of the City Codes
Notwithstanding any other provision of the Columbus City Codes, whenever there is a violation of any provision of the Columbus City Codes, the official charged with the responsibility to enforce said provision may immediately file a complaint for injunctive relief in the appropriate court of competent jurisdiction.
Section 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.