As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                              Sub. S. B. No. 59  5            

      1997-1998                                                    6            


  SENATORS NEIN-LATTA-GAETH-DiDONATO-GARDNER-WHITE-B. JOHNSON-     8            

KEARNS-HERINGTON-DIX-McLIN-REPRESENTATIVES THOMAS-LEWIS-MOTTLEY-   9            

     GARCIA-TERWILLEGER-PADGETT-CATES-BRADING-JOHNSON-OPFER-       10           

           STAPLETON-REID-CORE-HEALY-MAIER-HOUSEHOLDER             11           


                                                                   13           

                           A   B I L L                                          

             To amend sections 321.45, 323.12, 323.25, 323.31,     15           

                5711.33, 5715.39, 5719.03, 5721.14, 5721.18, and   16           

                5721.25 and to enact sections 321.48 and 5721.30                

                of the Revised Code to permit all real property    17           

                taxpayers to participate in a system for           18           

                prepayment of taxes, to change the terms under                  

                which delinquent taxes are payable in              19           

                installments after the property is certified for                

                foreclosure action, to allow delinquent taxes      20           

                charged against minerals to be deemed                           

                uncollectible after five years and removed from    21           

                the tax list, and to make other changes to the     22           

                county treasurer law.                                           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        24           

      Section 1.  That sections 321.45, 323.12, 323.25, 323.31,    26           

5711.33, 5715.39, 5719.03, 5721.14, 5721.18, and 5721.25 be        27           

amended and sections 321.48 and 5721.30 of the Revised Code be     28           

enacted to read as follows:                                                     

      Sec. 321.45.  (A)  As used in this section:                  37           

      (1)  "Taxpayer" means any person in whose name a parcel of   39           

residential property is listed on the tax duplicate.               40           

      (2)  "Prepayment" means any amount given to the county       42           

treasurer by a taxpayer under this section for the treasurer to    43           

                                                          2      

                                                                 
apply as payment of the taxpayer's total taxes due in accordance   44           

with this section.                                                 45           

      (3)  "Taxes," "delinquent taxes," and "current taxes" have   47           

the same meanings as in section 323.01 of the Revised Code.        48           

      (4)  "Duplicate" means the treasurer's duplicate of real     50           

and public utility property.                                       51           

      (5)  "Total taxes due" means all delinquent taxes and that   53           

portion of current taxes that, in order to avoid a penalty, are    54           

required to be paid by the next date that is the last date on      55           

which an installment of taxes may be paid without penalty.         56           

      (6)  "Residential property" means single family dwellings,   58           

duplexes, doubles, and apartment buildings with not more than six  59           

units and the land on which those dwellings are located.           60           

      (B)(1)  A county treasurer may enter into a written          62           

agreement with any taxpayer, upon mutually agreed upon ON terms    63           

and conditions, under which both of the following occur:           65           

      (a)  The taxpayer agrees to tender prepayments of taxes on   67           

a parcel of residential property for which he is LISTED ON THE     69           

TAX DUPLICATE IN THE NAME OF the taxpayer;                                      

      (b)  The treasurer agrees to accept the prepayments and      71           

hold them either in an escrow fund or a separate depository        72           

account until the last day that an installment of current taxes    73           

may be paid without penalty, at which time he THE TREASURER        75           

further agrees to apply, in payment of the total taxes due on the  77           

parcel, an amount of the prepayments that equals the total taxes   78           

due on the parcel.  IF A DISCOUNT IS NOT GIVEN UNDER DIVISION      80           

(B)(2) OF THIS SECTION, ANY EARNINGS ON PREPAYMENTS IN AN ESCROW   81           

FUND OR DEPOSITORY ACCOUNT SHALL BE PAID TO THE CREDIT OF A        82           

SPECIAL INTEREST ACCOUNT TO BE USED BY THE TREASURER ONLY FOR THE  83           

PAYMENT OF THE EXPENSES INCURRED IN ESTABLISHING AND               84           

ADMINISTERING THE SYSTEM FOR COLLECTING PREPAYMENTS UNDER          85           

DIVISION (B)(1) OF THIS SECTION.                                   86           

      (2)  In addition to providing for the items enumerated in    88           

division (B)(1) of this section, the agreement may provide for     89           

                                                          3      

                                                                 
the treasurer to invest prepayments held in the escrow FUND or     90           

depository account, subject to Chapter 135. of the Revised Code,   91           

and apply the investment earnings thereon, after deducting an      92           

amount to pay the expenses incurred by the treasurer in            93           

establishing and administering the prepayment system, as a         94           

discount against the total taxes due of each taxpayer entering     95           

into such an agreement.  The balance applied to the discounts      96           

shall be apportioned among taxpayers in such a manner that the     97           

discount credited to a taxpayer for each parcel of residential     98           

real property for which taxes are prepaid is commensurate with     99           

the amount of current taxes due and the length of time current     100          

taxes are held in escrow.  Discounts accruing to prepayments made  101          

for a tax year shall be applied against total taxes due for the    102          

ensuing tax year.  No discount shall be apportioned to a taxpayer  103          

who fails to pay the total taxes due or fails to make prepayments  104          

pursuant to the terms of the agreement.                            105          

      (C)  A prepayment accepted by a treasurer under an           107          

agreement under division (B) of this section does not constitute   108          

a payment of taxes until it is applied toward the payment of       109          

taxes as provided in this section.  A separate prepayment          110          

agreement is required for each parcel of residential property,     111          

except that a taxpayer who makes prepayments on more than one      112          

parcel may enter into a single agreement covering all of the       113          

parcels.  The single agreement shall specify the manner in which   114          

each prepayment shall be apportioned among the parcels.  The       115          

treasurer shall keep a separate record for each parcel showing     116          

the date and amount of each prepayment.                            117          

      (D)  No treasurer shall fail to apply prepayments toward     119          

the payment of taxes as required pursuant to an agreement entered  120          

INTO under division (B) of this section; however, the total        121          

amount of prepayments shall equal or exceed the total taxes due,   122          

less any discount applied for a previous period under division     123          

(B)(2) of this section.                                            124          

      (E)  The treasurer shall give each person who makes a tax    126          

                                                          4      

                                                                 
prepayment in person at the office of the county treasurer a       127          

receipt in the form that the prepayment agreement requires.  The   128          

treasurer shall give a receipt to a person who makes a tax         129          

prepayment to the treasurer by mail only if the taxpayer encloses  130          

with the prepayment an addressed envelope with sufficient          131          

postage, in which case the treasurer shall insert a receipt for    132          

the prepayment in that envelope and deposit it in the mail.  The   133          

treasurer may refund any amount tendered as a prepayment if the    134          

taxpayer so requests and files with the treasurer an affidavit     135          

and the supporting documents the treasurer requires providing      136          

that the taxpayer no longer owns the property.  The request for    137          

the refund shall be made prior to the date of the mailing of a     138          

tax bill and escrow statement to the taxpayer.  If a taxpayer who  139          

has entered into a prepayment agreement pursuant to this section   140          

dies before the last day on which an installment of current taxes  141          

may be paid without penalty, the treasurer may refund the amount   142          

of any prepayments made by that taxpayer to the executor or        143          

administrator of the taxpayer's estate.                            144          

      (F)  If the treasurer has received any prepayments from a    146          

taxpayer, the treasurer shall add to the tax bill required by      147          

section 323.13 of the Revised Code a tax escrow statement that     148          

shall specify the total amount of prepayments received by the      149          

treasurer on or before the date the statement was prepared, the    150          

balance of total taxes due for which no prepayment has been        151          

received, the amount of any discount to be applied to total taxes  152          

due, and the date the statement was prepared.                      153          

      (G)  If the total amount of a taxpayer's prepayments to the  155          

treasurer made on or before the final date an installment of       156          

taxes may be paid without penalty do not equal or exceed the       157          

total taxes due on that date, the taxpayer is not relieved of any  158          

late penalty or interest otherwise due pursuant to section         159          

323.121 of the Revised Code.  If the treasurer fails to apply      160          

prepayments received by his THE TREASURER'S office in accordance   161          

with the terms of an agreement and the total amount of the         163          

                                                          5      

                                                                 
taxpayer's prepayments equals or exceeds the total taxes due, the  164          

taxpayer is relieved of any late penalty or interest imposed       165          

under section 323.121 of the Revised Code.                         166          

      (H)  The office of the county treasurer shall bear all of    168          

the costs of establishing and administering a system for           169          

collecting prepayments as permitted by this section.               170          

      (I)  Before the county treasurer commences a prepayment      172          

system, the tax commissioner shall approve all procedures and      173          

forms to be used in the system.                                    174          

      (J)  The treasurer may enter into any agreements necessary   176          

to enable the taxpayer to make prepayments of taxes to the office  177          

of the treasurer through the electronic transfer of funds from an  178          

account in the name of the taxpayer at a financial institution.    179          

      Sec. 321.48.  A COUNTY TREASURER MAY ASSESS A FEE NOT        181          

EXCEEDING AN AMOUNT EQUAL TO FIVE DOLLARS PLUS ANY AMOUNT PASSED   182          

ON FROM A FINANCIAL INSTITUTION ON A DRAWER OR INDORSER FOR EACH   183          

CHECK, DRAFT, OR MONEY ORDER RETURNED OR DISHONORED, OR AUTOMATIC  185          

BANK TRANSFER DECLINED, DUE TO INSUFFICIENT FUNDS OR FOR ANY       186          

OTHER REASON.  THE COUNTY TREASURER SHALL DEPOSIT IN THE GENERAL   187          

FUND OF THE COUNTY ANY FEE COLLECTED UNDER THIS SECTION.           188          

      Sec. 323.12.  (A)  Each person charged with taxes shall pay  197          

to the county treasurer the full amount of such taxes on or        198          

before the thirty-first day of December, or shall pay one-half of  199          

the current taxes together with the full amount of any delinquent  200          

taxes before such date, and the remaining half on or before the    201          

twentieth day of June next ensuing.                                202          

      When taxes are paid by installments, each payment shall be   204          

apportioned among the several funds for which taxes have been      205          

assessed.                                                          206          

      (B)  A tax is paid on or before the dates set forth in this  208          

section if the tax payment is received by the county treasurer or  209          

if prepayments are applied by the treasurer toward the payment of  210          

taxes as provided by section 321.45 of the Revised Code on or      211          

before the last day for payment of such tax, or if the tax         212          

                                                          6      

                                                                 
payment is received after such date in an envelope that was        213          

postmarked by the UNITED STATES postal service on or before the    215          

last day for payment of such tax.  In the event there is more      216          

than one date of postmark on the envelope, the earliest date       217          

imprinted by the UNITED STATES postal service shall be the date    218          

of payment.  A PRIVATE METER POSTMARK ON AN ENVELOPE IS NOT A      219          

VALID POSTMARK FOR PURPOSES OF ESTABLISHING THE DATE OF PAYMENT    220          

OF SUCH TAX.                                                                    

      (C)  The treasurer may delay the closing of his THE          222          

TREASURER'S books for any collection period for the purpose of     224          

receiving and processing such payments.                            225          

      Sec. 323.25.  When taxes charged against an entry on the     234          

tax duplicate, or any part of such taxes, are not paid within      235          

sixty days after delivery of the delinquent land duplicate to the  236          

COUNTY treasurer as prescribed by section 5721.011 of the Revised  238          

Code, the county treasurer shall enforce the lien for such taxes   239          

by civil action in his name THE TREASURER'S OFFICIAL CAPACITY as   240          

treasurer, for the sale of such premises, in the court of common   242          

pleas of the county in the same way mortgage liens are enforced.   243          

If THE DELINQUENT LAND DUPLICATE LISTS MINERALS OR RIGHTS TO       244          

MINERALS LISTED PURSUANT TO SECTIONS 5713.04, 5713.05, AND         245          

5713.06 OF THE REVISED CODE, THE COUNTY TREASURER MAY ENFORCE THE  247          

LIEN FOR TAXES AGAINST SUCH MINERALS OR RIGHTS TO MINERALS BY      248          

CIVIL ACTION, IN THE TREASURER'S OFFICIAL CAPACITY AS TREASURER,   249          

IN THE MANNER PRESCRIBED BY THIS SECTION, OR PROCEED AS PROVIDED                

UNDER SECTION 5721.30 OF THE REVISED CODE.                         251          

      IF service by publication is necessary, such publication     254          

shall be made once a week for three consecutive weeks instead of   255          

as provided by the Rules of Civil Procedure, and the service       256          

shall be complete at the expiration of three weeks after the date  257          

of the first publication.  If the prosecuting attorney determines  258          

that service upon a defendant may be obtained ultimately only by   259          

publication, he THE PROSECUTING ATTORNEY may cause service to be   261          

made SIMULTANEOUSLY by certified mail, return receipt requested;,  262          

                                                          7      

                                                                 
ordinary mail;, and publication, simultaneously.  The treasurer    263          

shall not enforce the lien for taxes against real property that    265          

is the subject of an application for exemption from taxation       266          

under section 5715.27 of the Revised Code and that does not        267          

appear on the delinquent land duplicate.                           268          

      Upon application of the plaintiff, the court shall advance   270          

such cause on the docket, so that it may be first heard.           271          

      Sec. 323.31.  (A)  Delinquent taxes charged against any      280          

entry of real property may be paid pursuant to this division by    281          

the person who owns the real property or is a vendee in            282          

possession under a purchase agreement or land contract after       283          

entering into a written undertaking with the county treasurer in   284          

a form prescribed or approved by the tax commissioner.  The        285          

undertaking may be entered into at any time prior to the county    286          

prosecuting attorney's commencement of foreclosure proceedings     287          

pursuant to section 323.25 or 5721.18 of the Revised Code, or      288          

commencement of foreclosure and forfeiture proceedings pursuant    289          

to section 5721.14 of the Revised Code.  A duplicate copy of each  290          

such undertaking shall be filed with the county auditor, who       291          

shall attach such THE copy to the delinquent land tax certificate  293          

or delinquent vacant land tax certificate, or who shall enter an   294          

asterisk in the margin next to the entry for the tract or lot on   295          

the master list of delinquent tracts or master list of delinquent  296          

vacant tracts, prior to filing it with the prosecuting attorney    297          

under section 5721.13 of the Revised Code.  If the undertaking is  298          

entered into after the certificate or the master list has been     299          

filed with the prosecuting attorney, the treasurer shall file the  300          

duplicate copy with the prosecuting attorney.                      301          

      An undertaking entered into under this division shall        303          

provide for the payment of delinquent taxes in installments over   304          

a period not to exceed five years beginning on the earliest date   305          

delinquent taxes that are the subject of the undertaking were      306          

included in a certification under section 5721.011 of the Revised  307          

Code; however, a person entering into an undertaking WHO OWNS AND  309          

                                                          8      

                                                                 
OCCUPIES RESIDENTIAL REAL PROPERTY may request, and the treasurer  312          

shall allow, an undertaking providing for payment in installments  314          

over a period of no fewer than two years beginning on that date.   315          

For                                                                             

      FOR each undertaking, the county treasurer shall determine,  318          

and shall specify in the undertaking, the number of installments,  319          

the amount of each installment, and the schedule for payment of    320          

the installments.  EACH                                                         

      Each installment payment shall be apportioned among the      322          

several funds for which taxes have been assessed and shall be      323          

applied to the items of taxes charged in the order in which they   324          

became due.                                                        325          

      When an installment payment is not received by the           327          

treasurer when due or any current taxes charged against the        328          

property become delinquent, the undertaking becomes void unless    329          

the treasurer permits a new undertaking to be entered into; if     330          

the treasurer does not permit a new undertaking to be entered      331          

into, the treasurer shall certify to the auditor that the          332          

undertaking has become void.  A new undertaking entered into       333          

under this paragraph shall provide for payment of the outstanding  334          

balance of delinquent taxes over a period that, when added to the  335          

periods of any previous undertakings that had elapsed prior to     336          

their becoming void, does not exceed ten years.                    337          

      Upon receipt of such a certification, the auditor shall      339          

destroy his THE duplicate copy of the undertaking.  If such copy   340          

has been filed with the prosecuting attorney, the auditor          342          

immediately shall deliver the certification to the prosecuting     343          

attorney, who shall attach it to the appropriate certificate and   344          

the duplicate copy of the voided undertaking or strike through     345          

the asterisk entered in the margin of the master list next to the  346          

entry for the tract or lot that is the subject of the voided       347          

undertaking. The prosecuting attorney then shall institute a       348          

proceeding to foreclose the lien of the state in accordance with   349          

section 323.25 or 5721.18 of the Revised Code or, in the case of   350          

                                                          9      

                                                                 
delinquent vacant land, shall institute a foreclosure proceeding   351          

in accordance with section 323.25 or 5721.18 of the Revised Code,  352          

or a foreclosure and forfeiture proceeding in accordance with      353          

section 5721.14 of the Revised Code.                               354          

      (B)  Within ten days after the date prescribed by section    356          

323.12 or 323.17 of the Revised Code for payment of the first      357          

half installment of the current taxes, any person failing to pay   358          

the amount required by such date, with the consent of the          359          

treasurer, may enter into a written undertaking with the           360          

treasurer, in a form prescribed by the tax commissioner, to pay    361          

all current taxes pursuant to this division.  The agreement shall  362          

provide for the entire amount of such taxes to be paid in three    363          

or fewer installments before the date set by section 323.12 or     364          

323.17 of the Revised Code for the payment of the second           365          

installment of such taxes.  Each payment made under this division  366          

shall be not less than one-third of the total amount of the        367          

current taxes, unless the collection of a particular tax has been  368          

legally enjoined, or unless at any scheduled payment date less     369          

than one-third of the total amount remains unpaid, in which case   370          

the total balance shall be paid.                                   371          

      If a payment is not received by the treasurer when due       373          

under the terms of an undertaking made under this division, the    374          

treasurer may permit the taxpayer to make the payment at a later   375          

date, provided the payment is received before the date set by      376          

section 323.12 or 323.17 of the Revised Code for the payment of    377          

the second installment of current taxes.  If the total taxes       378          

arranged to be paid pursuant to such an undertaking are not        379          

received before such date, the undertaking shall become void and   380          

the treasurer shall proceed to collect all unpaid taxes then due   381          

by any other means provided by law.                                382          

      Sec. 5711.33.  (A)(1)  When a county treasurer receives a    391          

certificate from a county auditor pursuant to division (A) of      392          

section 5711.32 of the Revised Code charging him THE TREASURER     393          

with the collection of an amount of taxes due as the result of a   395          

                                                          10     

                                                                 
deficiency assessment, he THE TREASURER shall immediately prepare  397          

and mail a tax bill to the taxpayer owing such tax.  The tax bill  399          

shall contain the name of the taxpayer; the taxable value, tax     400          

rate, and taxes charged for each year being assessed; the total    401          

amount of taxes due; the final date payment may be made without    402          

additional penalty; and any other information the treasurer        403          

considers pertinent or necessary.  Taxes due and payable as a      404          

result of a deficiency assessment, less any amount specifically    405          

excepted from collection under division (B) of section 5711.32 of  406          

the Revised Code, shall be paid with interest thereon as           407          

prescribed by section 5719.041 of the Revised Code on or before    408          

the sixtieth day following the date of issuance of the             409          

certificate by the county auditor.  The balance of taxes found     410          

due and payable after a final determination by the tax             411          

commissioner or a final judgment of the board of tax appeals or    412          

any court to which such final judgment may be appealed, shall be   413          

paid with interest thereon as prescribed by section 5719.041 of    414          

the Revised Code on or before the sixtieth day following the date  415          

of certification by the auditor to the treasurer pursuant to       416          

division (C) of section 5711.32 of the Revised Code of such final  417          

determination or judgment.  Such final dates for payment shall be  418          

determined and exhibited on the tax bill by the treasurer.         419          

      (2)  If on or before the sixtieth day following the date of  421          

a certification of a deficiency assessment under division (A) of   422          

section 5711.32 of the Revised Code or of a certification of a     423          

final determination or judgment under division (C) of section      424          

5711.32 of the Revised Code, the taxpayer pays the full amount of  425          

taxes and interest due at the time of the receipt of               426          

certification with respect to that assessment, determination, or   427          

judgment, no interest shall accrue or be charged with respect to   428          

that assessment, determination, or judgment for the period that    429          

begins on the first day of the month in which the certification    430          

is made and that ends on the last day of the month preceding the   431          

month in which such sixtieth day occurs.                           432          

                                                          11     

                                                                 
      (B)  When the taxes charged, as mentioned in division (A)    434          

of this section, are not paid within the time prescribed by such   435          

division, a penalty of ten per cent of the amount due and unpaid   436          

and interest for the period described in division (A)(2) of this   437          

section shall accrue at the time the treasurer closes his THE      438          

TREASURER'S office for business on the last day so prescribed,     440          

but if the taxes are paid within ten days subsequent to the last   441          

day prescribed, the treasurer shall waive the collection of and    442          

the auditor shall remit one-half of the penalty.  The treasurer    443          

shall not thereafter accept less than the full amount of taxes     444          

and penalty except as otherwise authorized by law.  Such penalty   445          

shall be distributed in the same manner and at the same time as    446          

the tax upon which it has accrued.  The whole amount collected     447          

shall be included in the next succeeding settlement of             448          

appropriate taxes.                                                              

      (C)  When the taxes charged, as mentioned in division (A)    450          

of this section, remain unpaid after the final date for payment    451          

prescribed by such division, such charges shall be deemed to be    452          

delinquent taxes.  The county auditor shall cause such charges,    453          

including the penalty which THAT has accrued pursuant to this      454          

section, to be added to the delinquent tax duplicate in            456          

accordance with section 5719.04 of the Revised Code.               457          

      (D)  The county auditor, upon consultation with the county   459          

treasurer, shall remit a penalty imposed under division (B) of     460          

this section or division (C) of section 5719.03 of the Revised     461          

Code for the late payment of taxes when:                           462          

      (1)  The taxpayer could not make timely payment of the tax   464          

because of the negligence or error of the auditor or treasurer in  465          

the performance of a statutory duty relating to the levy or        466          

collection of such tax.                                            467          

      (2)  In cases other than those described in division (D)(1)  469          

of this section, the taxpayer failed to receive a tax bill or a    470          

correct tax bill, and the taxpayer made a good faith effort to     471          

obtain such bill within thirty days after the last day for         472          

                                                          12     

                                                                 
payment of the tax.                                                473          

      (3)  The tax was not timely paid because of the death or     475          

serious injury of the taxpayer, or his THE TAXPAYER'S confinement  477          

in a hospital within sixty days preceding the last day for         478          

payment of the tax, if, in any case, the tax was subsequently      480          

paid within sixty days after the last day for payment of such      482          

tax.                                                                            

      (4)  The taxpayer demonstrates to the satisfaction of the    484          

auditor that the full payment was properly deposited in the mail   485          

in sufficient time for the envelope to be postmarked by the        487          

UNITED STATES postal service on or before the last day for         488          

payment of such tax.  A PRIVATE METER POSTMARK ON AN ENVELOPE IS   489          

NOT A VALID POSTMARK FOR PURPOSES OF ESTABLISHING THE DATE OF      490          

PAYMENT OF SUCH TAX.                                                            

      (E)  The taxpayer may, upon application, MAY request the     492          

tax commissioner to review the denial of the remission of a        493          

penalty by the auditor.  The commissioner shall consider the       494          

application, determine whether the penalty should be remitted,     495          

and certify his THE determination to the taxpayer and to the       497          

treasurer and auditor who shall correct the tax list and           498          

duplicate accordingly.  The commissioner shall issue orders and    499          

instructions for the uniform implementation of this section by     500          

all auditors and treasurers, and such orders and instructions      501          

shall be followed by such officers.                                502          

      Sec. 5715.39.  The tax commissioner may remit real property  511          

taxes, penalties, and interest found by him THE COMMISSIONER to    512          

have been illegally assessed.  The commissioner also may remit     513          

any penalty charged against any real property that was the         514          

subject of an application for exemption from taxation under        515          

section 5715.27 of the Revised Code if the commissioner            516          

determines that the applicant requested such exemption in good     517          

faith.  The commissioner shall include notice of the remission in  518          

his THE COMMISSIONER'S certification to the county auditor         519          

required under that section.                                       520          

                                                          13     

                                                                 
      The commissioner, on application by a taxpayer, shall remit  522          

a penalty for late payment of any real property taxes when:        523          

      (A)  The taxpayer could not make timely payment of the tax   525          

because of the negligence or error of the auditor or treasurer in  526          

the performance of a statutory duty relating to the levy or        527          

collection of such tax.                                            528          

      (B)  In cases other than those described in division (A) of  530          

this section, the taxpayer failed to receive a tax bill or a       531          

correct tax bill, and the taxpayer made a good faith effort to     532          

obtain such bill within thirty days after the last day for         533          

payment of the tax.                                                534          

      (C)  The tax was not timely paid because of the death or     536          

serious injury of the taxpayer, or his THE TAXPAYER'S confinement  538          

in a hospital within sixty days preceding the last day for                      

payment of the tax, if, in any case, the tax was subsequently      539          

paid within sixty days after the last day for payment of such      540          

tax.                                                                            

      (D)  The taxpayer demonstrates to the satisfaction of the    542          

commissioner that the full payment was properly deposited in the   543          

mail in sufficient time for the envelope to be postmarked by the   544          

UNITED STATES postal service on or before the last day for         546          

payment of such tax.  A PRIVATE METER POSTMARK ON AN ENVELOPE IS                

NOT A VALID POSTMARK FOR PURPOSES OF ESTABLISHING THE DATE OF      547          

PAYMENT OF SUCH TAX.                                               548          

      The commissioner shall consider the application, determine   550          

whether the penalty should be remitted, and certify his THE        551          

determination to the taxpayer, to the county treasurer, and to     553          

the county auditor, who shall correct the tax list and duplicate                

accordingly.                                                       554          

      This section shall not provide to the taxpayer any remedy    556          

with respect to any matter which he THAT THE TAXPAYER may be       557          

authorized to complain of under the provisions of sections         558          

5715.19, 5717.02, and 5727.47 of the Revised Code.                 560          

      Applications for remission, and documents of any kind        562          

                                                          14     

                                                                 
related to those applications, filed with the tax commissioner     563          

under this section, are public records within the meaning of       564          

section 149.43 of the Revised Code, unless otherwise excepted      565          

under that section.                                                566          

      Sec. 5719.03.  (A)  The county auditor shall preserve all    575          

receipts showing the advance payment of taxes.  At the time of     576          

making up the general personal and the classified tax list and     577          

duplicate, he THE AUDITOR shall enter thereon opposite the name    578          

of each person charged with taxes the amount of the advance        580          

payment made, as a credit against the amount of taxes charged      581          

thereon against such person.                                       582          

      (B)  Each person charged with taxes on a general personal    584          

property or a classified property tax duplicate shall pay the      585          

full amount of such taxes, less the amount of advance payment      586          

credited on the duplicate, on or before the twentieth day of       587          

September, or a day as extended pursuant to section 5719.031 of    588          

the Revised Code.                                                  589          

      (C)  A tax is paid on or before the dates set forth in this  591          

section if the tax payment is received by the county treasurer on  592          

or before the last day for payment of such tax, or is received     593          

after such date in an envelope that was postmarked by the UNITED   594          

STATES postal service on or before the last day for payment of     596          

such tax.  In the event there is more than one date of postmark    597          

on the envelope, the earliest date imprinted by the UNITED STATES  599          

postal service shall be the date of payment.  A PRIVATE METER      600          

POSTMARK ON AN ENVELOPE IS NOT A VALID POSTMARK FOR PURPOSES OF    601          

ESTABLISHING THE DATE OF PAYMENT OF SUCH TAX.                                   

      (D)  When an installment of taxes is not paid within the     603          

time prescribed by this section, or within the time so prescribed  604          

as extended pursuant to section 5719.031 of the Revised Code, a    605          

penalty of ten per cent of the amount due and unpaid shall accrue  606          

when the county treasurer closes his THE TREASURER'S office for    607          

business on the last day so prescribed, but if the taxes are paid  609          

within ten days subsequent to the last day prescribed, the         610          

                                                          15     

                                                                 
treasurer shall waive the collection of, and the auditor shall     611          

remit one-half of, the penalty.  The treasurer shall not           612          

thereafter accept less than the full amount of taxes and penalty,  613          

except as provided in division (E) of this section or section      614          

5719.05, 5711.32, or 5711.33 of the Revised Code.                  615          

      (E)  Any partial payment of taxes tendered to a county       617          

treasurer may be accepted if the treasurer determines that the     618          

amount tendered was intended by the taxpayer to be equal to the    619          

amount due but is more or less than such amount as a result of     620          

what appears to the treasurer to be an obvious taxpayer error.     621          

The treasurer may accept a partial payment in which the only       622          

unpaid amount is the amount of a penalty for late payment          623          

provided the taxpayer files with the payment a copy of his THE     624          

TAXPAYER'S application to the auditor for a remission of the       626          

penalty or the payment is received within ten days of the last     627          

date the taxes could have been paid without penalty.  Any          628          

overpayment shall be refunded by the treasurer in the manner most  629          

convenient to the treasurer.  When the amount tendered and         630          

accepted is less than the amount due, the unpaid balance shall be  631          

treated as other unpaid taxes, and, except when the unpaid amount  632          

is the penalty, the treasurer shall notify the taxpayer of such    633          

deficiency.                                                                     

      Sec. 5721.14.  Subject to division (A)(2) of this section,   642          

on receipt of a delinquent vacant land tax certificate or a        643          

master list of delinquent vacant tracts, a county prosecuting      644          

attorney shall institute a foreclosure proceeding under section    645          

323.25 or 5721.18 of the Revised Code, or a foreclosure and        646          

forfeiture proceeding under this section.  IF THE DELINQUENT       647          

VACANT LAND TAX CERTIFICATE OR A MASTER LIST OF DELINQUENT VACANT  649          

TRACTS LISTS MINERALS OR RIGHTS TO MINERALS LISTED PURSUANT TO     650          

SECTIONS 5713.04, 5713.05, AND 5713.06 OF THE REVISED CODE, THE    652          

COUNTY PROSECUTING ATTORNEY MAY INSTITUTE A FORECLOSURE                         

PROCEEDING UNDER SECTION 323.25 OR 5721.18 OF THE REVISED CODE OR  653          

A FORECLOSURE AND FORFEITURE PROCEEDING UNDER THIS SECTION         655          

                                                          16     

                                                                 
AGAINST SUCH MINERALS OR RIGHTS TO MINERALS.                       656          

      (A)(1)  The prosecuting attorney shall institute a           658          

proceeding under this section by filing, in the name of the        659          

county treasurer and with the clerk of a court with jurisdiction,  660          

a complaint that requests that the lien of the state on the        661          

property identified in the certificate or master list be           662          

foreclosed and that the property be forfeited to the state.  He    663          

THE PROSECUTING ATTORNEY shall prosecute the proceeding to final   665          

judgment and satisfaction.                                         666          

      (2)  If the delinquent taxes, assessments, charges,          668          

penalties, and interest are paid prior to the time a complaint is  669          

filed, the prosecuting attorney shall not institute a proceeding   670          

under this section.  If there is a copy of a written undertaking   671          

attached to the certificate or an asterisk next to an entry on     672          

the master list, or if a copy of an undertaking is received from   673          

the county auditor prior to the commencement of the proceeding     674          

under this section, the prosecuting attorney shall not institute   675          

the proceeding under this section, unless he THE PROSECUTING       676          

ATTORNEY receives a certification of the county treasurer that     678          

the undertaking has become void.                                   679          

      (B)  Foreclosure and forfeiture proceedings constitute an    681          

action in rem.  Prior to filing such an action in rem, the county  682          

prosecuting attorney shall cause a title search to be conducted    683          

for the purpose of identifying any lienholders or other persons    684          

with interests in the property that is subject to foreclosure and  685          

forfeiture.  Following the title search, the action in rem shall   686          

be instituted by filing in the office of the clerk of a court      687          

with jurisdiction a complaint bearing a caption substantially in   688          

the form set forth in division (A) of section 5721.15 of the       689          

Revised Code.                                                      690          

      Any number of parcels may be joined in one action.  Each     692          

separate parcel included in a complaint shall be given a serial    693          

number and shall be separately indexed and docketed by the clerk   694          

of the court in a book kept by the clerk for such purpose.  A      695          

                                                          17     

                                                                 
complaint shall contain the permanent parcel number of each        696          

parcel included in it, the full street address of the parcel when  697          

available, a description of the parcel as set forth in the         698          

certificate or master list, the name and address of the last       699          

known owner of the parcel if they appear on the general tax list,  700          

the name and address of each lienholder and other person with an   701          

interest in the parcel identified in the title search relating to  702          

the parcel that is required by this division, and the amount of    703          

taxes, assessments, charges, penalties, and interest due and       704          

unpaid with respect to the parcel.  It is sufficient for the       705          

county treasurer to allege in his THE complaint that the           707          

certificate or master list has been duly filed by the county       708          

auditor with respect to each parcel listed, that the amount of     709          

money with respect to each parcel appearing to be due and unpaid   710          

is due and unpaid, and that there is a lien against each parcel,   711          

without setting forth any other or special matters.  The prayer    712          

of the complaint shall be that the court issue an order that the   713          

lien of the state on each of the parcels included in the           714          

complaint be foreclosed, that the property be forfeited to the     715          

state, and that the land be offered for sale in the manner         716          

provided in section 5723.06 of the Revised Code.                   717          

      (C)  Within thirty days after the filing of a complaint,     719          

the clerk of the court in which the complaint was filed shall      720          

cause a notice of foreclosure and forfeiture substantially in the  721          

form of the notice set forth in division (B) of section 5721.15    722          

of the Revised Code to be published once a week for three          723          

consecutive weeks in a newspaper of general circulation in the     724          

county.  In any county that has adopted a permanent parcel number  725          

system, the parcel may be described in the notice by parcel        726          

number only, instead of also with a complete legal description,    727          

if the county prosecuting attorney determines that the             728          

publication of the complete legal description is not necessary to  729          

provide reasonable notice of the foreclosure and forfeiture        730          

proceeding to the interested parties.  If the complete legal       731          

                                                          18     

                                                                 
description is not published, the notice shall indicate where the  732          

complete legal description may be obtained.                        733          

      After the third publication, the publisher shall file with   735          

the clerk of the court an affidavit stating the fact of the        736          

publication and including a copy of the notice of foreclosure and  737          

forfeiture as published.  Service of process for purposes of the   738          

action in rem shall be considered as complete on the date of the   739          

last publication.                                                  740          

      Within thirty days after the filing of a complaint and       742          

before the date of the final publication of the notice of          743          

foreclosure and forfeiture, the clerk of the court also shall      744          

cause a copy of a notice substantially in the form of the notice   745          

set forth in division (C) of section 5721.15 of the Revised Code   746          

to be mailed by ordinary mail, with postage prepaid, to each       747          

person named in the complaint as being the last known owner of a   748          

parcel included in it, or as being a lienholder or other person    749          

with an interest in a parcel included in it.  The notice shall be  750          

sent to the address of each such person, as set forth in the       751          

complaint, and the clerk shall enter the fact of such mailing      752          

upon the appearance docket.  If the name and address of the last   753          

known owner of a parcel included in a complaint is not set forth   754          

in it, the county auditor shall file an affidavit with the clerk   755          

stating that the name and address of the last known owner does     756          

not appear on the general tax list.                                757          

      (D)(1)  An answer may be filed in a foreclosure and          759          

forfeiture proceeding by any person owning or claiming any right,  760          

title, or interest in, or lien upon, any parcel described in the   761          

complaint.  The answer shall contain the caption and number of     762          

the action and the serial number of the parcel concerned.  The     763          

answer shall set forth the nature and amount of interest claimed   764          

in the parcel and any defense or objection to the foreclosure of   765          

the lien of the state for delinquent taxes, assessments, charges,  766          

penalties, and interest, as shown in the complaint.  The answer    767          

shall be filed in the office of the clerk of the court, and a      768          

                                                          19     

                                                                 
copy of the answer shall be served on the county prosecuting       769          

attorney not later than twenty-eight days after the date of final  770          

publication of the notice of foreclosure and forfeiture.  If an    771          

answer is not filed within such time, a default judgment may be    772          

taken as to any parcel included in a complaint as to which no      773          

answer has been filed.  A default judgment is valid and effective  774          

with respect to all persons owning or claiming any right, title,   775          

or interest in, or lien upon, any such parcel, notwithstanding     776          

that one or more of such persons are minors, incompetents,         777          

absentees or nonresidents of the state, or convicts in             778          

confinement.                                                       779          

      (2)(a)  A receiver appointed pursuant to divisions (C)(2)    781          

and (3) of section 3767.41 of the Revised Code may file an answer  782          

pursuant to division (D)(1) of this section, but is not required   783          

to do so as a condition of receiving proceeds in a distribution    784          

under division (B)(2) of section 5721.17 of the Revised Code.      785          

      (b)  When a receivership under section 3767.41 of the        787          

Revised Code is associated with a parcel, the notice of            788          

foreclosure and forfeiture set forth in division (B) of section    789          

5721.15 of the Revised Code and the notice set forth in division   790          

(C) of that section shall be modified to reflect the provisions    791          

of division (D)(2)(a) of this section.                             792          

      (E)  At the trial of a foreclosure and forfeiture            794          

proceeding, the delinquent vacant land tax certificate or master   795          

list of delinquent vacant tracts filed by the county auditor with  796          

the county prosecuting attorney shall be prima-facie evidence of   797          

the amount and validity of the taxes, assessments, charges,        798          

penalties, and interest appearing due and unpaid on the parcel to  799          

which the certificate or master list relates and their             800          

nonpayment.  If an answer is properly filed, the court may, in     801          

its discretion, and shall, at the request of the person filing     802          

the answer, grant a severance of the proceedings as to any parcel  803          

described in such answer for purposes of trial or appeal.          804          

      (F)  The conveyance by the owner of any parcel against       806          

                                                          20     

                                                                 
which a complaint has been filed pursuant to this section at any   807          

time after the date of publication of the parcel on the            808          

delinquent vacant land tax list but before the date of a judgment  809          

of foreclosure and forfeiture pursuant to section 5721.16 of the   810          

Revised Code shall not nullify the right of the county to proceed  811          

with the foreclosure and forfeiture.                               812          

      Sec. 5721.18.  The county prosecuting attorney, upon the     820          

delivery to him THE PROSECUTING ATTORNEY by the county auditor of  822          

a delinquent land or delinquent vacant land tax certificate, or    823          

of a master list of delinquent or delinquent vacant tracts, shall  824          

institute a foreclosure proceeding under this section in the name  825          

of the county treasurer to foreclose the lien of the state, in     826          

any court with jurisdiction, unless the taxes, assessments,        827          

charges, penalties, and interest are paid prior to the time a      828          

complaint is filed, or unless a foreclosure or foreclosure and     829          

forfeiture action has been or will be instituted under section     830          

323.25 or 5721.14 of the Revised Code.  He IF THE DELINQUENT LAND  832          

OR DELINQUENT VACANT LAND TAX CERTIFICATE OR THE MASTER LIST OF    833          

DELINQUENT OR DELINQUENT VACANT TRACTS LISTS MINERALS OR RIGHTS                 

TO MINERALS LISTED PURSUANT TO SECTIONS 5713.04, 5713.05, AND      834          

5713.06 OF THE REVISED CODE, THE COUNTY PROSECUTING ATTORNEY MAY   836          

INSTITUTE A FORECLOSURE PROCEEDING IN THE NAME OF THE COUNTY       837          

TREASURER, IN ANY COURT WITH JURISDICTION, TO FORECLOSE THE LIEN   838          

OF THE STATE AGAINST SUCH MINERALS OR RIGHTS TO MINERALS, UNLESS                

THE TAXES, ASSESSMENTS, CHARGES, PENALTIES, AND INTEREST ARE PAID  839          

PRIOR TO THE TIME THE COMPLAINT IS FILED, OR UNLESS A FORECLOSURE  841          

OR FORECLOSURE AND FORFEITURE ACTION HAS BEEN OR WILL BE           842          

INSTITUTED UNDER SECTION 323.25 OR 5721.14 OF THE REVISED CODE.    843          

      THE PROSECUTING ATTORNEY shall prosecute the proceeding to   847          

final judgment and satisfaction.  If there is a copy of a written  848          

undertaking attached to the certificate or an asterisk next to an  849          

entry on the master list, or if a copy of an undertaking is        850          

received from the auditor prior to the commencement of the         851          

proceeding under this section, the prosecuting attorney shall not  852          

                                                          21     

                                                                 
institute the proceeding under this section, unless he THE         853          

PROSECUTING ATTORNEY receives a certification of the treasurer     854          

that the undertaking has become void.                              855          

      (A)  This division applies to all foreclosure proceedings    857          

not instituted and prosecuted under section 323.25 of the Revised  858          

Code or division (B) or (C) of this section.  The foreclosure      859          

proceedings shall be instituted and prosecuted in the same manner  860          

as is provided by law for the foreclosure of mortgages on land,    861          

except that, if service by publication is necessary, such          862          

publication shall be made once a week for three consecutive weeks  863          

instead of as provided by the Rules of Civil Procedure, and the    864          

service shall be complete at the expiration of three weeks after   865          

the date of the first publication.  In any proceeding prosecuted   866          

under this section, if the prosecuting attorney determines that    867          

service upon a defendant may be obtained ultimately only by        868          

publication, he THE PROSECUTING ATTORNEY may cause service to be   869          

made SIMULTANEOUSLY by certified mail, return receipt requested;,  871          

ordinary mail;, and publication, simultaneously.                   873          

      In any county that has adopted a permanent parcel number     875          

system, the parcel may be described in the notice by parcel        876          

number only, instead of also with a complete legal description,    877          

if the prosecuting attorney determines that the publication of     878          

the complete legal description is not necessary to provide         879          

reasonable notice of the foreclosure proceeding to the interested  880          

parties.  If the complete legal description is not published, the  881          

notice shall indicate where the complete legal description may be  882          

obtained.                                                          883          

      It is sufficient, having been made a proper party to the     885          

foreclosure proceeding, for the treasurer to allege in his THE     886          

TREASURER'S complaint that the certificate or master list has      888          

been duly filed by the auditor, that the amount of money           889          

appearing to be due and unpaid is due and unpaid, and that there   890          

is a lien against the property described in the certificate or     891          

master list, without setting forth in his THE complaint any other  892          

                                                          22     

                                                                 
or special matter relating to the foreclosure proceeding.  The     893          

prayer of the complaint shall be that the court issue an order     894          

that the property be sold by the sheriff, or if the action is in   895          

the municipal court by the bailiff, in the manner provided in      896          

section 5721.19 of the Revised Code.                               897          

      In the foreclosure proceeding, the treasurer may join in     899          

one action any number of lots or lands, but the decree shall be    900          

rendered separately, and any proceedings may be severed, in the    901          

discretion of the court, for the purpose of trial or appeal, and   902          

the court shall make such order for the payment of costs as is     903          

considered proper.  The certificate or master list filed by the    904          

auditor with the prosecuting attorney is prima-facie evidence at   905          

the trial of the foreclosure action of the amount and validity of  906          

the taxes, assessments, charges, penalties, and interest           907          

appearing due and unpaid and of their nonpayment.                  908          

      (B)  Foreclosure proceedings constituting an action in rem   910          

may be commenced by the filing of a complaint after the end of     911          

the second year from the date on which the delinquency was first   912          

certified by the auditor.  Prior to filing such an action in rem,  913          

the prosecuting attorney shall cause a title search to be          914          

conducted for the purpose of identifying any lienholders or other  915          

persons with interests in the property subject to foreclosure.     916          

Following the title search, the action in rem shall be instituted  917          

by filing in the office of the clerk of a court with jurisdiction  918          

a complaint bearing a caption substantially in the form set forth  919          

in division (A) of section 5721.181 of the Revised Code.           920          

      Any number of parcels may be joined in one action.  Each     922          

separate parcel included in a complaint shall be given a serial    923          

number and shall be separately indexed and docketed by the clerk   924          

of the court in a book kept by the clerk for such purpose. A       925          

complaint shall contain the permanent parcel number of each        926          

parcel included in it, the full street address of the parcel when  927          

available, a description of the parcel as set forth in the         928          

certificate or master list, the name and address of the last       929          

                                                          23     

                                                                 
known owner of the parcel if they appear on the general tax list,  930          

the name and address of each lienholder and other person with an   931          

interest in the parcel identified in the title search relating to  932          

the parcel that is required by this division, and the amount of    933          

taxes, assessments, charges, penalties, and interest due and       934          

unpaid with respect to the parcel.  It is sufficient for the       935          

treasurer to allege in his THE complaint that the certificate or   937          

master list has been duly filed by the auditor with respect to     938          

each parcel listed, that the amount of money with respect to each  939          

parcel appearing to be due and unpaid is due and unpaid, and that  940          

there is a lien against each parcel, without setting forth any     941          

other or special matters.  The prayer of the complaint shall be    942          

that the court issue an order that the land described in the       943          

complaint be sold in the manner provided in section 5721.19 of     944          

the Revised Code.                                                  945          

      (1)  Within thirty days after the filing of a complaint,     947          

the clerk of the court in which the complaint was filed shall      948          

cause a notice of foreclosure substantially in the form of the     949          

notice set forth in division (B) of section 5721.181 of the        950          

Revised Code to be published once a week for three consecutive     951          

weeks in a newspaper of general circulation in the county.  In     952          

any county that has adopted a permanent parcel number system, the  953          

parcel may be described in the notice by parcel number only,       954          

instead of also with a complete legal description, if the          955          

prosecuting attorney determines that the publication of the        956          

complete legal description is not necessary to provide reasonable  957          

notice of the foreclosure proceeding to the interested parties.    958          

If the complete legal description is not published, the notice     959          

shall indicate where the complete legal description may be         960          

obtained.                                                          961          

      After the third publication, the publisher shall file with   963          

the clerk of the court an affidavit stating the fact of the        964          

publication and including a copy of the notice of foreclosure as   965          

published.  Service of process for purposes of the action in rem   966          

                                                          24     

                                                                 
shall be considered as complete on the date of the last            967          

publication.                                                       968          

      Within thirty days after the filing of a complaint and       970          

before the final date of publication of the notice of              971          

foreclosure, the clerk of the court also shall cause a copy of a   972          

notice substantially in the form of the notice set forth in        973          

division (C) of section 5721.181 of the Revised Code to be mailed  974          

by certified mail, with postage prepaid, to each person named in   975          

the complaint as being the last known owner of a parcel included   976          

in it, or as being a lienholder or other person with an interest   977          

in a parcel included in it.  The notice shall be sent to the       978          

address of each such person, as set forth in the complaint, and    979          

the clerk shall enter the fact of such mailing upon the            980          

appearance docket.  If the name and address of the last known      981          

owner of a parcel included in a complaint is not set forth in it,  982          

the auditor shall file an affidavit with the clerk stating that    983          

the name and address of the last known owner does not appear on    984          

the general tax list.                                              985          

      (2)(a)  An answer may be filed in an action in rem under     987          

this division by any person owning or claiming any right, title,   988          

or interest in, or lien upon, any parcel described in the          989          

complaint.  The answer shall contain the caption and number of     990          

the action and the serial number of the parcel concerned.  The     991          

answer shall set forth the nature and amount of interest claimed   992          

in the parcel and any defense or objection to the foreclosure of   993          

the lien of the state for delinquent taxes, assessments, charges,  994          

penalties, and interest as shown in the complaint.  The answer     995          

shall be filed in the office of the clerk of the court, and a      996          

copy of the answer shall be served on the prosecuting attorney,    997          

not later than twenty-eight days after the date of final           998          

publication of the notice of foreclosure.  If an answer is not     999          

filed within such time, a default judgment may be taken as to any  1,000        

parcel included in a complaint as to which no answer has been      1,001        

filed.  A default judgment is valid and effective with respect to  1,002        

                                                          25     

                                                                 
all persons owning or claiming any right, title, or interest in,   1,003        

or lien upon, any such parcel, notwithstanding that one or more    1,004        

of such persons are minors, incompetents, absentees or             1,005        

nonresidents of the state, or convicts in confinement.             1,006        

      (b)(i)  A receiver appointed pursuant to divisions (C)(2)    1,008        

and (3) of section 3767.41 of the Revised Code may file an answer  1,009        

pursuant to division (B)(2)(a) of this section, but is not         1,010        

required to do so as a condition of receiving proceeds in a        1,011        

distribution under division (B)(1) of section 5721.17 of the       1,012        

Revised Code.                                                      1,013        

      (ii)  When a receivership under section 3767.41 of the       1,015        

Revised Code is associated with a parcel, the notice of            1,016        

foreclosure set forth in division (B) of section 5721.181 of the   1,017        

Revised Code and the notice set forth in division (C) of that      1,018        

section shall be modified to reflect the provisions of division    1,019        

(B)(2)(b)(i) of this section.                                      1,020        

      (3)  At the trial of an action in rem under this division,   1,022        

the certificate or master list filed by the auditor with the       1,023        

prosecuting attorney shall be prima-facie evidence of the amount   1,024        

and validity of the taxes, assessments, charges, penalties, and    1,025        

interest appearing due and unpaid on the parcel to which the       1,026        

certificate or master list relates and their nonpayment.  If an    1,027        

answer is properly filed, the court may, in its discretion, and    1,028        

shall, at the request of the person filing the answer, grant a     1,029        

severance of the proceedings as to any parcel described in such    1,030        

answer for purposes of trial or appeal.                            1,031        

      (C)  In addition to the actions in rem authorized under      1,033        

division (B) of this section and section 5721.14 of the Revised    1,034        

Code, an action in rem may be commenced under this division.  An   1,035        

action commenced under this division shall conform to all of the   1,036        

requirements of division (B) of this section except as follows:    1,037        

      (1)  The prosecuting attorney shall not cause a title        1,039        

search to be conducted for the purpose of identifying any          1,040        

lienholders or other persons with interests in the property        1,041        

                                                          26     

                                                                 
subject to foreclosure, except that he THE PROSECUTING ATTORNEY    1,042        

shall cause a title search to be conducted to identify any         1,044        

receiver's lien.                                                                

      (2)  The names and addresses of lienholders and persons      1,046        

with an interest in the parcel shall not be contained in the       1,047        

complaint, and notice shall not be mailed to lienholders and       1,048        

persons with an interest as provided in division (B)(1) of this    1,049        

section, except that the name and address of a receiver under      1,050        

section 3767.41 of the Revised Code shall be contained in the      1,051        

complaint and notice shall be mailed to the receiver.              1,052        

      (3)  With respect to the forms applicable to actions         1,054        

commenced under division (B) of this section and contained in      1,055        

section 5721.181 of the Revised Code:                              1,056        

      (a)  The notice of foreclosure prescribed by division (B)    1,058        

of section 5721.181 of the Revised Code shall be revised to        1,059        

exclude any reference to the inclusion of the name and address of  1,060        

each lienholder and other person with an interest in the parcel    1,061        

identified in a statutorily required title search relating to the  1,062        

parcel, and to exclude any such names and addresses from the       1,063        

published notice, except that the revised notice shall refer to    1,064        

the inclusion of the name and address of a receiver under section  1,065        

3767.41 of the Revised Code and the published notice shall         1,066        

include the receiver's name and address.  The notice of            1,067        

foreclosure also shall include the following in boldface type:     1,068        

      "If pursuant to the action the parcel is sold, the sale      1,070        

shall not affect or extinguish any lien or encumbrance with        1,071        

respect to the parcel other than a receiver's lien and other than  1,072        

the lien for land taxes, assessments, charges, interest, and       1,073        

penalties for which the lien is foreclosed and in satisfaction of  1,074        

which the property is sold.  All other liens and encumbrances      1,075        

with respect to the parcel shall survive the sale."                1,076        

      (b)  The notice to the owner, lienholders, and other         1,078        

persons with an interest in a parcel shall be a notice only to     1,079        

the owner and to any receiver under section 3767.41 of the         1,080        

                                                          27     

                                                                 
Revised Code, and the last two sentences of the notice to the      1,081        

owner shall be omitted.                                            1,082        

      (4)  As used in this division, a "receiver's lien" means     1,084        

the lien of a receiver appointed pursuant to divisions (C)(2) and  1,085        

(3) of section 3767.41 of the Revised Code that is acquired        1,086        

pursuant to division (H)(2)(b) of that section for any             1,087        

unreimbursed expenses and other amounts paid in accordance with    1,088        

division (F) of that section by the receiver and for the fees of   1,089        

the receiver approved pursuant to division (H)(1) of that          1,090        

section.                                                           1,091        

      (D)  If the prosecuting attorney determines that an action   1,093        

in rem under division (B) or (C) of this section is precluded by   1,094        

law, then foreclosure proceedings shall be filed pursuant to       1,095        

division (A) of this section, and the complaint in the action in   1,096        

personam shall set forth the grounds upon which the action in rem  1,097        

is precluded.                                                      1,098        

      (E)  The conveyance by the owner of any parcel against       1,100        

which a complaint has been filed pursuant to this section at any   1,101        

time after the date of publication of the parcel on the            1,102        

delinquent tax list but before the date of a judgment of           1,103        

foreclosure pursuant to section 5721.19 of the Revised Code shall  1,104        

not nullify the right of the county to proceed with the            1,105        

foreclosure.                                                       1,106        

      Sec. 5721.25.  All delinquent land upon which the taxes,     1,115        

assessments, penalties, interest, or charges have become           1,116        

delinquent may be redeemed before foreclosure proceedings have     1,117        

been instituted by tendering to the county treasurer an amount     1,118        

sufficient to pay the taxes, assessments, penalties, interest,     1,119        

and charges then due and unpaid and the costs incurred in any      1,120        

proceeding instituted against such parcel under section 5721.18    1,121        

of the Revised Code as determined by the court.                    1,122        

      After the institution of a foreclosure proceeding against    1,124        

such delinquent land and at any time prior to the filing of an     1,125        

entry of confirmation of sale pursuant to such proceeding,         1,126        

                                                          28     

                                                                 
delinquent land may be redeemed by tendering to the county         1,127        

treasurer the amount of taxes, assessments, penalties, interest,   1,128        

and charges then due and unpaid, together with those costs of      1,129        

such proceeding allocable to such land as determined by the        1,130        

court.                                                             1,131        

      After a judgment of foreclosure has been rendered with       1,133        

respect to delinquent land but prior to the time such land is      1,134        

first offered for sale pursuant to section 5721.18 of the Revised  1,135        

Code, any person entitled to redeem the land WHO HAS NOT           1,136        

PREVIOUSLY DEFAULTED ON A WRITTEN UNDERTAKING may pay the costs    1,137        

of such proceeding allocable to such land as determined by the     1,138        

court and enter into a written undertaking with the county         1,139        

treasurer for the payment of the taxes, assessments, penalties,    1,140        

interest, and charges found to be due and unpaid on such land by   1,141        

the judgment of foreclosure.  The undertaking shall be paid in     1,142        

five consecutive and equal semiannual installments together with   1,143        

the full amount of current taxes and assessments then payable at   1,144        

the times provided by sections 323.12 and 323.17 of the Revised    1,145        

Code. Upon application to the court rendering the judgment of      1,146        

foreclosure and upon good cause being shown, the court rendering   1,147        

the judgment of foreclosure may extend the terms of payment under  1,148        

any written undertaking entered into to redeem any delinquent      1,149        

land devoted to residential use upon application to the court and  1,150        

permit the payment of the undertaking in not more than ten         1,151        

consecutive and equal semiannual payments AS PRESCRIBED BY         1,152        

SECTION 323.31 OF THE REVISED CODE OVER A PERIOD NOT TO EXCEED     1,153        

FIVE YEARS BEGINNING ON THE EARLIEST DATE DELINQUENT TAXES THAT    1,154        

ARE THE SUBJECT OF THE UNDERTAKING WERE INCLUDED IN A              1,155        

CERTIFICATION UNDER SECTION 5721.011 OF THE REVISED CODE;                       

HOWEVER, A PERSON ENTERING INTO AN UNDERTAKING WHO OWNS AND        1,156        

OCCUPIES RESIDENTIAL REAL PROPERTY MAY REQUEST, AND THE COUNTY     1,157        

TREASURER SHALL ALLOW, AN UNDERTAKING PROVIDING FOR PAYMENT IN     1,158        

INSTALLMENTS OVER A PERIOD OF NO FEWER THAN TWO YEARS BEGINNING                 

ON THAT DATE.  The court shall retain jurisdiction over the        1,160        

                                                          29     

                                                                 
delinquent land until the total amount set forth in the written    1,161        

undertaking is paid, notwithstanding any conveyance of the land    1,162        

to another owner during the period that the written undertaking    1,163        

is outstanding.                                                                 

      If any installment payment of a written undertaking is not   1,165        

paid when due, the county treasurer shall, at the time the         1,166        

payment is due and unpaid, advise the court rendering the          1,167        

judgment of foreclosure, and the court shall order such land sold  1,168        

for the amount of taxes, assessments, penalties, interest, and     1,169        

charges then due and owing on such land in the manner provided in  1,170        

section 5721.19 of the Revised Code.                               1,171        

      Upon the payment of each installment pursuant to any         1,173        

written undertaking, the county treasurer shall enter the amount   1,174        

of such payment on the tax duplicate, crediting it to the items    1,175        

of taxes, assessments, penalties, interest, and charges in the     1,176        

order in which such items became due.  The county treasurer shall  1,177        

give a receipt for the amount paid to the person paying it, in     1,178        

the form prescribed by the tax commissioner.  Such receipt shall   1,179        

show the application of the payment made and the amount of         1,180        

delinquent taxes, assessments, penalties, interest, and charges    1,181        

remaining unpaid.                                                  1,182        

      Sec. 5721.30.  IF THE COUNTY TREASURER, BY MEANS OF THE      1,184        

REMEDIES PROVIDED BY LAW OR OTHERWISE, DETERMINES THAT DELINQUENT  1,185        

LANDS CONTAINING OR PRODUCING MINERALS OR ANY RIGHTS TO MINERALS,  1,186        

AS SEPARATELY LISTED AND TAXED FROM THE FEE OF THE SOIL PURSUANT   1,187        

TO SECTIONS 5713.04, 5713.05, AND 5713.06 OF THE REVISED CODE,     1,188        

HAVE APPEARED ON THE DELINQUENT LAND LIST AND DUPLICATE FOR FIVE   1,189        

YEARS AND THAT TAXES CHARGED AGAINST THOSE MINERALS OR RIGHTS TO   1,191        

MINERALS HAVE BECOME UNCOLLECTIBLE, THE COUNTY TREASURER SHALL     1,192        

CERTIFY THAT DETERMINATION, TOGETHER WITH THE REASONS FOR THE      1,193        

DETERMINATION, TO THE COUNTY BOARD OF REVISION AND THE             1,194        

PROSECUTING ATTORNEY.  IF THE BOARD OF REVISION AND THE            1,195        

PROSECUTING ATTORNEY DETERMINE THAT THE TAXES ARE UNCOLLECTIBLE,   1,196        

THE BOARD OF REVISION AND THE PROSECUTING ATTORNEY SHALL CERTIFY   1,197        

                                                          30     

                                                                 
THEIR FINDING TO THE COUNTY AUDITOR, WHO SHALL CAUSE THE TAXES TO  1,198        

BE STRICKEN FROM THE GENERAL TAX LIST AND DUPLICATE OF REAL AND    1,199        

PUBLIC UTILITY PROPERTY AND FROM THE DELINQUENT TAX LIST AND                    

DUPLICATE.                                                         1,200        

      Section 2.  That existing sections 321.45, 323.12, 323.25,   1,202        

323.31, 5711.33, 5715.39, 5719.03, 5721.14, 5721.18, and 5721.25   1,203        

of the Revised Code are hereby repealed.                           1,204        

      Section 3.  Section 323.25 of the Revised Code is presented  1,206        

in this act as a composite of the section as amended by both Am.   1,208        

Sub. H.B. 576 and Am. Sub. S.B. 332 of the 118th General                        

Assembly, with the new language of neither of the acts shown in    1,210        

capital letters.  Section 5721.14 of the Revised Code is           1,211        

presented in this act as a composite of the section as amended by  1,212        

both Am. Sub. H.B. 387 and Am. Sub. H.B. 576 of the 118th General  1,213        

Assembly, with the new language of neither of the acts shown in    1,215        

capital letters.  Section 5721.18 of the Revised Code is           1,216        

presented in this act as a composite of the section as amended by  1,217        

both Am. Sub. H.B. 387 and Am. Sub. H.B. 576 of the 118th General  1,218        

Assembly, with the new language of neither of the acts shown in    1,220        

capital letters.  This is in recognition of the principle stated   1,222        

in division (B) of section 1.52 of the Revised Code that such      1,223        

amendments are to be harmonized where not substantively            1,224        

irreconcilable and constitutes a legislative finding that such is  1,225        

the resulting version in effect prior to the effective date of     1,226        

this act.