As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 89 5
1999-2000 6
SENATOR JOHNSON 8
_________________________________________________________________ 10
A B I L L
To amend section 1901.183 of the Revised Code to 12
clarify the jurisdiction of the environmental 13
division of a municipal court in foreclosure
actions and to declare an emergency. 14
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 16
Section 1. That section 1901.183 of the Revised Code be 18
amended to read as follows: 19
Sec. 1901.183. In addition to jurisdiction otherwise 29
granted in this chapter, the environmental division of a 30
municipal court shall have jurisdiction within its territory in 31
all of the following actions or proceedings and to perform all of 32
the following functions:
(A) Notwithstanding any monetary limitations in section 35
1901.17 of the Revised Code, in all actions and proceedings for 37
the sale of real or personal property under lien of a judgment of 38
the environmental division of the municipal court, or a lien for 39
machinery, material, fuel furnished, or labor performed, 40
irrespective of amount, and, in those cases, the environmental 41
division may proceed to foreclose and marshal all liens and all 42
vested or contingent rights, to appoint a receiver, and to render 43
personal judgment irrespective of amount in favor of any party; 44
(B) In WHEN IN AID OF EXECUTION OF A JUDGMENT OF THE 46
ENVIRONMENTAL DIVISION OF THE MUNICIPAL COURT, IN all actions for 47
the foreclosure of a mortgage on real property given to secure 49
the payment of money, or the enforcement of a specific lien for 50
money or other encumbrance or charge on real property, when the 51
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real property is situated within the territory, and, in those
cases, the environmental division of the municipal court may 52
proceed to foreclose all liens and all vested and contingent 53
rights and proceed to render judgments, and make findings and 54
orders, between the parties, in the same manner and to the same 55
extent as in similar cases in the court of common pleas; 56
(C) In WHEN IN AID OF EXECUTION OF A JUDGMENT OF THE 58
ENVIRONMENTAL DIVISION OF THE MUNICIPAL COURT, IN all actions for 60
the recovery of real property situated within the territory to 61
the same extent as courts of common pleas have jurisdiction; 62
(D) In all actions for injunction to prevent or terminate 65
violations of the ordinances and regulations of any municipal 66
corporation within its territory enacted or promulgated under the 67
police power of that municipal corporation pursuant to Section 3 68
of Article XVIII, Ohio Constitution, over which the court of 70
common pleas has or may have jurisdiction, and, in those cases, 71
the environmental division of the municipal court may proceed to 72
render judgments, and make findings and orders, in the same 73
manner and to the same extent as in similar cases in the court of 74
common pleas;
(E) In all actions for injunction to prevent or terminate 76
violations of the resolutions and regulations of any political 77
subdivision within its territory enacted or promulgated under the 78
power of that political subdivision pursuant to Article X of the 79
Ohio Constitution, over which the court of common pleas has or 80
may have jurisdiction, and, in those cases, the environmental 81
division of the municipal court may proceed to render judgments, 82
and make findings and orders, in the same manner and to the same 83
extent as in similar cases in the court of common pleas; 84
(F) In any civil action to enforce any provision of 87
Chapter 3704., 3714., 3734., 3737., 3767., or 6111. of the 88
Revised Code over which the court of common pleas has or may have 91
jurisdiction, and, in those actions, the environmental division 92
of the municipal court may proceed to render judgments, and make 93
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findings and orders, in the same manner and to the same extent as 94
in similar actions in the court of common pleas; 95
(G) In all actions and proceedings in the nature of 98
creditors' bills, and in aid of execution to subject the 99
interests of a judgment debtor in real or personal property to 100
the payment of a judgment of the division, and, in those actions 101
and proceedings, the environmental division may proceed to 102
marshal and foreclose all liens on the property irrespective of 103
the amount of the lien, and all vested or contingent rights in 104
the property;
(H) Concurrent jurisdiction WITH THE COURT OF COMMON PLEAS 107
of all criminal actions or proceedings related to the pollution 109
of the air, ground, or water within the territory of the 110
environmental division of the municipal court, for which a 111
sentence of death cannot be imposed under Chapter 2903. of the
Revised Code; 112
(I) In any review or appeal of any final order of any 114
administrative officer, agency, board, department, tribunal, 115
commission, or other instrumentality that relates to a local 116
building, housing, air pollution, sanitation, health, fire, 117
zoning, or safety code, ordinance, or regulation, in the same 118
manner and to the same extent as in similar appeals in the court 119
of common pleas.
Section 2. That existing section 1901.183 of the Revised 121
Code is hereby repealed. 122
Section 3. This act is hereby declared to be an emergency 124
measure necessary for the immediate preservation of the public 125
peace, health, and safety. The reason for such necessity is that 126
the change is urgently needed to properly define the jurisdiction 127
of the environmental court to facilitate the administration of 128
justice. Therefore, this act shall go into immediate effect. 129