As Reported by the House Ways and Means Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 244 5
1997-1998 6
REPRESENTATIVES VAN VYVEN-BRADING-CORBIN-MOTTLEY-SCHULER-SCHURING- 8
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 AND ANY FEE CHARGED BY THE COUNTY AUDITOR FOR PLACING THE 31
AMOUNT ON THE GENERAL TAX LIST AND DUPLICATE AND FOR THE EXPENSES 32
OF ITS COLLECTION, CERTIFIED BY THE HEALTH COMMISSIONER OF A CITY 34
OR GENERAL HEALTH DISTRICT PURSUANT TO SECTION 3709.091 OF THE 35
REVISED CODE. THE AMOUNT OF THE UNPAID FEE PLACED ON THE GENERAL 36
TAX LIST AND DUPLICATE SHALL BE A LIEN ON THE REAL PROPERTY ON 37
WHICH THE HOUSEHOLD SEWAGE DISPOSAL SYSTEM IS LOCATED FROM THE 38
DATE THE AMOUNT WAS PLACED ON THE TAX LIST AND DUPLICATE, AND 39
SHALL BE CHARGED AND COLLECTED IN THE SAME MANNER AS TAXES ON THE 40
LIST.
Sec. 3709.091. (A) AS USED IN THIS SECTION: 42
2
(1) "HOUSEHOLD SEWAGE DISPOSAL SYSTEM" MEANS ANY SEWAGE 44
DISPOSAL OR TREATMENT SYSTEM, OR PART THEREOF, FOR A 45
SINGLE-FAMILY, TWO-FAMILY, OR THREE-FAMILY DWELLING THAT RECEIVES 47
SEWAGE. 48
(2) "SEWAGE" MEANS ANY LIQUID WASTE CONTAINING ANIMAL OR 50
VEGETABLE MATTER IN SUSPENSION OR SOLUTION FROM WATER CLOSETS, 51
URINALS, LAVATORIES, BATHTUBS, LAUNDRY TUBS OR DEVICES, FLOOR 52
DRAINS, DRINKING FOUNTAINS, OR OTHER SANITARY FIXTURES, AND MAY 53
INCLUDE LIQUID CONTAINING CHEMICALS IN SOLUTION. 54
(B) IF ANY OWNER, LEASEHOLDER, OR ASSIGNEE OF REAL 57
PROPERTY FAILS TO PAY A FEE AS REQUIRED BY RULE OF A BOARD OF 58
HEALTH OF A CITY OR GENERAL HEALTH DISTRICT PURSUANT TO SECTION 59
3709.09 OF THE REVISED CODE FOR AN OPERATION PERMIT FOR, OR FOR 61
INSPECTION OF, A HOUSEHOLD SEWAGE DISPOSAL SYSTEM LOCATED ON THE 62
REAL PROPERTY, THE HEALTH COMMISSIONER OF THE CITY OR GENERAL 63
HEALTH DISTRICT OR THE COMMISSIONER'S DESIGNATED REPRESENTATIVE 64
MAY DO EITHER OF THE FOLLOWING:
(1) CERTIFY, ON OR BEFORE THE FIRST MONDAY OF SEPTEMBER, 66
THE AMOUNT OF THE UNPAID FEE, TOGETHER WITH ANY ACCRUED PENALTIES 68
FOR LATE PAYMENT AND ANY FEE CHARGED BY THE COUNTY AUDITOR FOR 69
PLACING THE AMOUNT ON THE GENERAL TAX LIST AND DUPLICATE AND FOR
THE EXPENSES OF ITS COLLECTION, TO THE COUNTY AUDITOR TO BE 71
PLACED ON THE GENERAL TAX LIST AND DUPLICATE AS PROVIDED IN
SECTION 319.281 OF THE REVISED CODE; 72
(2) COLLECT THE AMOUNT OF THE UNPAID FEE, TOGETHER WITH 74
ANY ACCRUED PENALTIES FOR LATE PAYMENT AND ANY FEE CHARGED BY THE 75
COUNTY AUDITOR FOR PLACING THE AMOUNT ON THE GENERAL TAX LIST AND 76
DUPLICATE AND FOR THE EXPENSES OF ITS COLLECTION, FROM THE OWNER, 78
LEASEHOLDER, OR ASSIGNEE OF THE REAL PROPERTY WHO IS LIABLE FOR
ITS PAYMENT, BY FILING A CIVIL ACTION AGAINST THE OWNER, 79
LEASEHOLDER, OR ASSIGNEE IN THE NAME OF THE CITY OR GENERAL 80
HEALTH DISTRICT. 81