As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. H. B. No. 244 5
1997-1998 6
REPRESENTATIVES VAN VYVEN-BRADING-CORBIN-MOTTLEY-SCHULER-SCHURING- 8
TAYLOR-TERWILLEGER-CLANCY-VESPER-O'BRIEN-GARCIA-LEWIS- 9
OPFER-TIBERI 10
12
A B I L L
To enact sections 319.281 and 3709.091 of the 14
Revised Code to require that the county auditor 15
place on the general tax list and duplicate as a 16
lien on real property any unpaid operation permit 17
or inspection fee for a household sewage 18
disposal system certified to the auditor by a 19
health district.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 319.281 and 3709.091 of the 23
Revised Code be enacted to read as follows: 24
Sec. 319.281. THE COUNTY AUDITOR SHALL PLACE ON THE 26
GENERAL TAX LIST AND DUPLICATE COMPILED IN ACCORDANCE WITH 27
SECTION 319.28 OF THE REVISED CODE THE AMOUNT OF ANY UNPAID 29
OPERATION PERMIT OR INSPECTION FEE FOR A HOUSEHOLD SEWAGE 30
DISPOSAL SYSTEM, TOGETHER WITH ANY ACCRUED PENALTIES FOR LATE 31
PAYMENT AND ANY FEE CHARGED BY THE COUNTY AUDITOR FOR PLACING THE 32
AMOUNT ON THE GENERAL TAX LIST AND DUPLICATE AND FOR THE EXPENSES 33
OF ITS COLLECTION, CERTIFIED BY THE HEALTH COMMISSIONER OF A CITY 35
OR GENERAL HEALTH DISTRICT PURSUANT TO SECTION 3709.091 OF THE 36
REVISED CODE. THE AMOUNT OF THE UNPAID FEE PLACED ON THE GENERAL 37
TAX LIST AND DUPLICATE SHALL BE A LIEN ON THE REAL PROPERTY ON 38
WHICH THE HOUSEHOLD SEWAGE DISPOSAL SYSTEM IS LOCATED FROM THE 39
DATE THE AMOUNT WAS PLACED ON THE TAX LIST AND DUPLICATE, AND 40
SHALL BE CHARGED AND COLLECTED IN THE SAME MANNER AS TAXES ON THE 41
2
LIST.
Sec. 3709.091. (A) AS USED IN THIS SECTION: 43
(1) "HOUSEHOLD SEWAGE DISPOSAL SYSTEM" MEANS ANY SEWAGE 45
DISPOSAL OR TREATMENT SYSTEM, OR PART THEREOF, FOR A 46
SINGLE-FAMILY, TWO-FAMILY, OR THREE-FAMILY DWELLING THAT RECEIVES 48
SEWAGE. 49
(2) "SEWAGE" MEANS ANY LIQUID WASTE CONTAINING ANIMAL OR 51
VEGETABLE MATTER IN SUSPENSION OR SOLUTION FROM WATER CLOSETS, 52
URINALS, LAVATORIES, BATHTUBS, LAUNDRY TUBS OR DEVICES, FLOOR 53
DRAINS, DRINKING FOUNTAINS, OR OTHER SANITARY FIXTURES, AND MAY 54
INCLUDE LIQUID CONTAINING CHEMICALS IN SOLUTION. 55
(B) IF ANY OWNER, LEASEHOLDER, OR ASSIGNEE OF REAL 58
PROPERTY FAILS TO PAY A FEE AS REQUIRED BY RULE OF A BOARD OF 59
HEALTH OF A CITY OR GENERAL HEALTH DISTRICT PURSUANT TO SECTION 60
3709.09 OF THE REVISED CODE FOR AN OPERATION PERMIT FOR, OR FOR 62
INSPECTION OF, A HOUSEHOLD SEWAGE DISPOSAL SYSTEM LOCATED ON THE 63
REAL PROPERTY, THE HEALTH COMMISSIONER OF THE CITY OR GENERAL 64
HEALTH DISTRICT OR THE COMMISSIONER'S DESIGNATED REPRESENTATIVE 65
MAY DO EITHER OF THE FOLLOWING:
(1) CERTIFY, ON OR BEFORE THE FIRST MONDAY OF SEPTEMBER, 67
THE AMOUNT OF THE UNPAID FEE, TOGETHER WITH ANY ACCRUED PENALTIES 69
FOR LATE PAYMENT, TO THE COUNTY AUDITOR TO BE PLACED ON THE 71
GENERAL TAX LIST AND DUPLICATE AS PROVIDED IN SECTION 319.281 OF 72
THE REVISED CODE;
(2) COLLECT THE AMOUNT OF THE UNPAID FEE, TOGETHER WITH 74
ANY ACCRUED PENALTIES FOR LATE PAYMENT, FROM THE OWNER, 76
LEASEHOLDER, OR ASSIGNEE OF THE REAL PROPERTY WHO IS LIABLE FOR
ITS PAYMENT, BY FILING A CIVIL ACTION AGAINST THE OWNER, 77
LEASEHOLDER, OR ASSIGNEE IN THE NAME OF THE CITY OR GENERAL 78
HEALTH DISTRICT. 79