As Introduced 1 122nd General Assembly 4 Regular Session H. B. No. 244 5 1997-1998 6 REPRESENTATIVES VAN VYVEN-BRADING-CORBIN-MOTTLEY-SCHULER- 8 SCHURING-TAYLOR-TERWILLEGER 9 11 A B I L L To enact sections 319.281 and 3709.091 of the 13 Revised Code to require that the county auditor 14 place on the general tax list and duplicate as a 15 lien on real property any unpaid operation permit 16 or inspection fee for a household sewage 17 disposal system. 18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20 Section 1. That sections 319.281 and 3709.091 of the 22 Revised Code be enacted to read as follows: 23 Sec. 319.281. THE COUNTY AUDITOR SHALL PLACE ON THE 25 GENERAL TAX LIST AND DUPLICATE COMPILED IN ACCORDANCE WITH 26 SECTION 319.28 OF THE REVISED CODE THE AMOUNT OF ANY UNPAID 28 OPERATION PERMIT OR INSPECTION FEE FOR A HOUSEHOLD SEWAGE 29 DISPOSAL SYSTEM, TOGETHER WITH ANY ACCRUED PENALTIES FOR LATE 30 PAYMENT, CERTIFIED BY THE HEALTH COMMISSIONER OF A CITY OR 31 GENERAL HEALTH DISTRICT PURSUANT TO SECTION 3709.091 OF THE 33 REVISED CODE. THE AMOUNT OF THE UNPAID FEE PLACED ON THE GENERAL 34 TAX LIST AND DUPLICATE SHALL BE A LIEN ON THE REAL PROPERTY ON 35 WHICH THE HOUSEHOLD SEWAGE DISPOSAL SYSTEM IS LOCATED FROM THE 36 DATE THE AMOUNT WAS PLACED ON THE TAX LIST AND DUPLICATE, AND 37 SHALL BE CHARGED AND COLLECTED IN THE SAME MANNER AS TAXES ON THE 38 LIST. Sec. 3709.091. (A) AS USED IN THIS SECTION: 40 (1) "HOUSEHOLD SEWAGE DISPOSAL SYSTEM" MEANS ANY SEWAGE 42 DISPOSAL OR TREATMENT SYSTEM, OR PART THEREOF, FOR A 43 2 SINGLE-FAMILY, TWO-FAMILY, OR THREE-FAMILY DWELLING THAT RECEIVES 45 SEWAGE. 46 (2) "SEWAGE" MEANS ANY LIQUID WASTE CONTAINING ANIMAL OR 48 VEGETABLE MATTER IN SUSPENSION OR SOLUTION FROM WATER CLOSETS, 49 URINALS, LAVATORIES, BATHTUBS, LAUNDRY TUBS OR DEVICES, FLOOR 50 DRAINS, DRINKING FOUNTAINS, OR OTHER SANITARY FIXTURES, AND MAY 51 INCLUDE LIQUID CONTAINING CHEMICALS IN SOLUTION. 52 (B) IF ANY OWNER, LEASEHOLDER, OR ASSIGNEE OF REAL 55 PROPERTY FAILS TO PAY A FEE AS REQUIRED BY RULE OF A BOARD OF 56 HEALTH OF A CITY OR GENERAL HEALTH DISTRICT PURSUANT TO SECTION 57 3709.09 OF THE REVISED CODE FOR AN OPERATION PERMIT FOR, OR FOR 59 INSPECTION OF, A HOUSEHOLD SEWAGE DISPOSAL SYSTEM LOCATED ON THE 60 REAL PROPERTY, THE HEALTH COMMISSIONER OF THE CITY OR GENERAL 61 HEALTH DISTRICT OR THE COMMISSIONER'S DESIGNATED REPRESENTATIVE 62 MAY DO EITHER OF THE FOLLOWING: (1) CERTIFY THE AMOUNT OF THE UNPAID FEE, TOGETHER WITH 64 ANY ACCRUED PENALTIES FOR LATE PAYMENT, TO THE COUNTY AUDITOR TO 65 BE PLACED ON THE GENERAL TAX LIST AND DUPLICATE AS PROVIDED IN 66 SECTION 319.281 OF THE REVISED CODE; 68 (2) COLLECT THE AMOUNT OF THE UNPAID FEE, TOGETHER WITH 70 ANY ACCRUED PENALTIES FOR LATE PAYMENT, FROM THE OWNER, 71 LEASEHOLDER, OR ASSIGNEE OF THE REAL PROPERTY WHO IS LIABLE FOR 72 ITS PAYMENT, BY FILING A CIVIL ACTION AGAINST THE OWNER, 73 LEASEHOLDER, OR ASSIGNEE IN THE NAME OF THE CITY OR GENERAL 74 HEALTH DISTRICT. 75