As Passed by the Senate 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
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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
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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
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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
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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.