As Reported by the Senate 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-CLANCY-VESPER-O'BRIEN-GARCIA-LEWIS- 9 OPFER-TIBERI-SENATORS B. JOHNSON-DRAKE 10 11 A B I L L To enact sections 319.281 and 3709.091 of the 13 Revised Code to require, in the absence of the 15 landowner's objection, that the county auditor 16 place as a lien on real property any unpaid 18 household sewage disposal system operation permit 21 or inspection fee that is certified to the 22 auditor by a health district, and to authorize the county prosecutor to commence civil action to 23 obtain such unpaid fee. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25 Section 1. That sections 319.281 and 3709.091 of the 27 Revised Code be enacted to read as follows: 28 Sec. 319.281. THE COUNTY AUDITOR SHALL PLACE ON THE 30 GENERAL TAX LIST AND DUPLICATE COMPILED IN ACCORDANCE WITH 31 SECTION 319.28 OF THE REVISED CODE THE AMOUNT CERTIFIED BY THE 33 HEALTH COMMISSIONER OF A CITY OR GENERAL HEALTH DISTRICT PURSUANT 34 TO SECTION 3709.091 OF THE REVISED CODE OF ANY UNPAID OPERATION 35 PERMIT OR INSPECTION FEE FOR A HOUSEHOLD SEWAGE DISPOSAL SYSTEM 36 AND ANY ACCRUED LATE PAYMENT PENALTIES, TOGETHER WITH ANY FEE 37 CHARGED BY THE COUNTY AUDITOR FOR PLACING THE AMOUNT ON THE 38 GENERAL TAX LIST AND DUPLICATE AND FOR THE EXPENSES OF ITS COLLECTION. THE AMOUNT PLACED ON THE GENERAL TAX LIST AND 40 DUPLICATE SHALL BE A LIEN ON THE REAL PROPERTY ON WHICH THE 41 HOUSEHOLD SEWAGE DISPOSAL SYSTEM IS LOCATED FROM THE DATE THE 42 2 AMOUNT WAS PLACED ON THE TAX LIST AND DUPLICATE, AND SHALL BE 43 CHARGED AND COLLECTED IN THE SAME MANNER AS TAXES ON THE LIST. 44 Sec. 3709.091. (A) AS USED IN THIS SECTION: 46 (1) "HOUSEHOLD SEWAGE DISPOSAL SYSTEM" MEANS ANY SEWAGE 48 DISPOSAL OR TREATMENT SYSTEM, OR PART THEREOF, FOR A 49 SINGLE-FAMILY, TWO-FAMILY, OR THREE-FAMILY DWELLING THAT RECEIVES 51 SEWAGE. 52 (2) "SEWAGE" MEANS ANY LIQUID WASTE CONTAINING ANIMAL OR 54 VEGETABLE MATTER IN SUSPENSION OR SOLUTION FROM WATER CLOSETS, 55 URINALS, LAVATORIES, BATHTUBS, LAUNDRY TUBS OR DEVICES, FLOOR 56 DRAINS, DRINKING FOUNTAINS, OR OTHER SANITARY FIXTURES, AND MAY 57 INCLUDE LIQUID CONTAINING CHEMICALS IN SOLUTION. 58 (B) IF ANY OWNER, LEASEHOLDER, OR ASSIGNEE OF REAL 61 PROPERTY FAILS TO PAY A FEE AS REQUIRED BY RULE OF A BOARD OF 62 HEALTH OF A CITY OR GENERAL HEALTH DISTRICT PURSUANT TO SECTION 63 3709.09 OF THE REVISED CODE FOR AN OPERATION PERMIT FOR, OR FOR 65 INSPECTION OF, A HOUSEHOLD SEWAGE DISPOSAL SYSTEM LOCATED ON THE 66 REAL PROPERTY, THE HEALTH COMMISSIONER OF THE CITY OR GENERAL 67 HEALTH DISTRICT OR THE COMMISSIONER'S DESIGNATED REPRESENTATIVE 68 SHALL NOTIFY THE OWNER, LEASEHOLDER, OR ASSIGNEE OF THE REAL 69 PROPERTY OF THE AMOUNT OF THE FEE AND ANY ACCRUED PENALTIES FOR 70 LATE PAYMENT OF THE FEE. THE NOTICE SHALL STATE, IN BOLDFACE 71 LETTERS: "YOU HAVE 30 DAYS TO OBJECT TO THE AMOUNT OF THE UNPAID 73 OPERATION PERMIT OR INSPECTION FEE FOR YOUR HOUSEHOLD SEWAGE 74 DISPOSAL SYSTEM AS DESIGNATED IN THIS NOTICE, WHICH MAY INCLUDE 75 ACCRUED PENALTIES FOR LATE PAYMENT OF THE FEE. IF YOU DO NOT PAY 76 THIS AMOUNT AS INSTRUCTED HEREIN WITHIN 30 DAYS OF RECEIPT OF 77 THIS NOTICE OR OBJECT TO THIS AMOUNT DURING THAT TIME PERIOD IN 78 ACCORDANCE WITH THE PROCEDURES SET FORTH HEREIN, THE AMOUNT WILL 79 BE PLACED AS A LIEN ON YOUR REAL PROPERTY." THE NOTICE ALSO 80 SHALL EXPLAIN HOW THE OWNER, LEASEHOLDER, OR ASSIGNEE MAY PAY THE 81 AMOUNT, OR OBJECT TO THE AMOUNT IN ACCORDANCE WITH THE PROCEDURES 82 ESTABLISHED BY DIVISIONS (C) AND (D) OF THIS SECTION. 84 NOTICE TO THE OWNER, LEASEHOLDER, OR ASSIGNEE SHALL BE MADE 87 3 BY EITHER OF THE FOLLOWING: (1) CERTIFIED MAIL, OVERNIGHT DELIVERY SERVICE, HAND 89 DELIVERY, OR ANY OTHER METHOD THAT INCLUDES WRITTEN EVIDENCE OF 90 RECEIPT; 91 (2) THE SHERIFF OF THE COUNTY IN WHICH THE OWNER, 93 LEASEHOLDER, OR ASSIGNEE TO BE SERVED RESIDES, IN ONE OR MORE OF 94 THE METHODS PROVIDED IN THE OHIO RULES OF CIVIL PROCEDURE. THE 99 SHERIFF MAY CHARGE REASONABLE FEES FOR SUCH SERVICE. 100 (C) NOT LATER THAN THIRTY DAYS AFTER RECEIPT UNDER 103 DIVISION (B) OF THIS SECTION OF NOTIFICATION OF THE AMOUNT OF AN 105 UNPAID OPERATION PERMIT OR INSPECTION FEE AND ANY ACCRUED LATE 106 PAYMENT PENALTIES, THE OWNER, LEASEHOLDER, OR ASSIGNEE MAY OBJECT 107 TO THE AMOUNT BY DELIVERING A WRITTEN NOTICE OF OBJECTION TO THE 108 HEALTH COMMISSIONER BY ANY OF THE MEANS PROVIDED FOR IN DIVISION 109 (B)(1) OF THIS SECTION. NOT LATER THAN SIXTY DAYS AFTER RECEIPT 111 OF THE NOTICE OF OBJECTION, THE COUNTY PROSECUTOR, ON BEHALF OF 112 THE CITY OR GENERAL HEALTH DISTRICT, MAY FILE A CIVIL ACTION IN 113 THE COURT OF COMMON PLEAS AGAINST THE OWNER, LEASEHOLDER, OR 114 ASSIGNEE. IF THE COUNTY PROSECUTOR FAILS TO COMMENCE SUIT WITHIN 115 THE SIXTY-DAY PERIOD, OR IF THE ACTION IS COMMENCED BUT DISMISSED 116 WITH PREJUDICE BEFORE ADJUDICATION, THE UNPAID FEE AND ANY 117 ACCRUED LATE PAYMENT PENALTIES ARE VOID AND CANNOT BE PLACED ON 119 THE GENERAL TAX LIST AND DUPLICATE AS A LIEN AGAINST THE REAL 120 PROPERTY. (D) IF, IN ACCORDANCE WITH DIVISION (C) OF THIS SECTION, 124 THE OWNER, LEASEHOLDER, OR ASSIGNEE OBJECTS TO THE AMOUNT OF THE 125 UNPAID OPERATION PERMIT OR INSPECTION FEE AND ANY ACCRUED LATE 126 PAYMENT PENALTIES AND THE COUNTY PROSECUTOR COMMENCES SUIT AND 127 PREVAILS IN THE ACTION, THE OWNER, LEASEHOLDER, OR ASSIGNEE 128 OBJECTING SHALL PAY THE AMOUNT OF THE FEE, ANY ACCRUED LATE 129 PAYMENT PENALTIES, AND THE COSTS OF THE ACTION, AS DETERMINED BY 130 THE COURT. (E) IF THE OWNER, LEASEHOLDER, OR ASSIGNEE ON WHICH THE 133 NOTICE REQUIRED BY DIVISION (B) OF THIS SECTION WAS SERVED DOES 135 4 NOT PAY TO THE CITY OR GENERAL HEALTH DISTRICT THE AMOUNT OF AN 136 UNPAID OPERATION PERMIT OR INSPECTION FEE AND ANY ACCRUED LATE 137 PAYMENT PENALTIES WITHIN THIRTY DAYS AFTER RECEIPT OF THE NOTICE, 138 OR DOES NOT OBJECT TO THE AMOUNT IN THE MANNER PROVIDED IN 139 DIVISION (C) OF THIS SECTION, THE HEALTH COMMISSIONER OF THE CITY 141 OR GENERAL HEALTH DISTRICT OR THE COMMISSIONER'S DESIGNATED 142 REPRESENTATIVE MAY CERTIFY, ON OR BEFORE THE FIRST MONDAY OF 144 SEPTEMBER, THE AMOUNT OF THE UNPAID FEE AND ANY ACCRUED LATE 146 PAYMENT PENALTIES TO THE COUNTY AUDITOR TO BE PLACED ON THE 148 GENERAL TAX LIST AND DUPLICATE AS PROVIDED IN SECTION 319.281 OF 149 THE REVISED CODE.