Sec. 305.31. The procedure for submitting to a referendum | 20 |
any resolution adopted by a board of county commissioners
pursuant | 21 |
to division (D)(1) of section 307.697, section
322.02, 322.06,
or | 22 |
324.02,
sections 1515.22 and 1515.24, division (B)(1) of section | 23 |
4301.421, section
4504.02, 5739.021, 5739.026,
5741.021,
or | 24 |
5741.023, or division (C)(1) of section
5743.024 of the Revised | 25 |
Code or rule adopted pursuant to section 307.79
of the Revised | 26 |
Code shall be as prescribed by this
section. | 27 |
Except as otherwise provided in this paragraph, when a | 28 |
petition, signed by ten per cent of the number of
electors who | 29 |
voted for governor at the most recent general
election for the | 30 |
office of governor in the county, is filed with
the county auditor | 31 |
within thirty days after the date
suchthe
resolution is passed or | 32 |
rule is adopted by the board of county
commissioners, or is filed | 33 |
within forty-five days after the
resolution is passed, in the case | 34 |
of a resolution adopted
pursuant to section 5739.021 of the | 35 |
Revised Code that is passed
within one year after a resolution | 36 |
adopted pursuant to that
section has been rejected or repealed by | 37 |
the electors, requesting
that
suchthe resolution be submitted to | 38 |
the electors of
suchthe county
for their approval or rejection, | 39 |
suchthe county auditor shall, after
ten days following the filing | 40 |
of the petition, and not later than
four p.m. of the seventy-fifth | 41 |
day before the day of election,
transmit a certified copy of the | 42 |
text of the resolution or rule
to the board of elections. In the | 43 |
case of a petition requesting that a
resolution adopted under | 44 |
division (D)(1) of section 307.697, division
(B)(1) of section | 45 |
4301.421, or division (C)(1) of section
5743.024
of the Revised | 46 |
Code be submitted to electors for their approval or rejection,
the | 47 |
petition
mustshall be signed by seven per cent of the number of | 48 |
electors who voted for
governor at the most recent election for | 49 |
the office of
governor in the
county. The county auditor shall | 50 |
transmit the
petition to the board together with the certified | 51 |
copy of the
resolution or rule. The board shall examine all | 52 |
signatures on
the petition to determine the number of electors of | 53 |
the county
who signed the petition. The board shall return the | 54 |
petition to
the auditor within ten days after receiving it, | 55 |
together with a
statement attesting to the number of such electors | 56 |
who signed the
petition. The board shall submit the resolution or | 57 |
rule to the
electors of the county, for their approval or | 58 |
rejection, at the
succeeding general election held in the county | 59 |
in any year,
or on the day of the succeeding primary election held | 60 |
in the
county in even-numbered years, occurring subsequent to | 61 |
seventy-five days after the auditor certifies the sufficiency and | 62 |
validity of the petition to the board of elections. | 63 |
No resolution shall go into effect until approved by the | 64 |
majority of those voting upon it. However, a rule shall take | 65 |
effect and remain in effect unless and until a majority of the | 66 |
electors voting on the question of repeal approve the repeal.
| 67 |
Sections 305.31 to 305.41 of the Revised Code do not prevent a | 68 |
county, after the passage of any resolution or adoption of any | 69 |
rule, from proceeding at once to give any notice or make any | 70 |
publication required by the resolution or rule. | 71 |
(A) A record of deeds, in which shall be recorded all
deeds | 84 |
and other instruments of writing for the absolute and | 85 |
unconditional sale or conveyance of lands, tenements, and | 86 |
hereditaments; all notices as provided for in sections 5301.47 to | 87 |
5301.56 of the Revised Code; all judgments or decrees in actions | 88 |
brought under section 5303.01 of the Revised Code; all | 89 |
declarations and bylaws as provided for in Chapter 5311. of the | 90 |
Revised Code; affidavits as provided for in section 5301.252 of | 91 |
the Revised Code; all certificates as provided for in section | 92 |
5311.17 of the Revised Code; all articles dedicating | 93 |
archaeological preserves accepted by the director of the Ohio | 94 |
historical society under section 149.52 of the Revised Code; all | 95 |
articles dedicating nature preserves accepted by the director of | 96 |
natural resources under section 1517.05 of the Revised Code; all | 97 |
agreements for the registration of lands as archaeological or | 98 |
historic landmarks under section 149.51 or 149.55 of the Revised | 99 |
Code; all conveyances of conservation easements and agricultural | 100 |
easements
under section
5301.68 of the Revised Code; all | 101 |
instruments extinguishing agricultural
easements under section | 102 |
901.21 or 5301.691 of the Revised Code or pursuant to
terms of | 103 |
such an easement granted to a charitable organization under | 104 |
section
5301.68 of the Revised Code; all instruments or orders | 105 |
described
in division (B)(1)(c)(ii) of section 5301.56 of the | 106 |
Revised Code;
all no further action letters issued under section | 107 |
122.654 or 3746.11 of the
Revised Code;
all covenants not to sue | 108 |
issued under section
3746.12 of the
Revised Code, including all | 109 |
covenants
not to sue issued pursuant to section 122.654 of the | 110 |
Revised Code;
any restrictions on the use of property contained in | 111 |
a no further
action letter issued under section 122.654 of the | 112 |
Revised Code
and, any restrictions on the use of
property | 113 |
identified
pursuant to division (C)(3) of section
3746.10 of the | 114 |
Revised
Code, and any restrictions on the use of property | 115 |
contained in a deed or other instrument as provided in division | 116 |
(E) of section
3737.882 of the Revised Code; all memoranda of | 117 |
trust, as
described
in division (A)
of
section 5301.255 of the | 118 |
Revised
Code, that
describe specific
real
property; and all | 119 |
agreements
entered into
under division (A)
of
section 1521.26 of | 120 |
the Revised Code; | 121 |
All instruments or memoranda of instruments entitled to | 157 |
record shall be recorded in the proper record in the order in | 158 |
which they are presented for record. The recorder may index, | 159 |
keep, and record in one volume unemployment compensation liens, | 160 |
internal revenue tax liens and other liens in favor of the United | 161 |
States as described in division (A) of section 317.09 of the | 162 |
Revised Code, personal tax liens, mechanic's liens, agricultural | 163 |
product liens, notices of liens, certificates of satisfaction or | 164 |
partial release of estate tax liens, discharges of recognizances, | 165 |
excise and franchise tax liens on corporations, broker's liens, | 166 |
and liens
provided for in sections 1513.33, 1513.37, 3752.13, | 167 |
5111.021, and
5311.18
of the Revised Code. | 168 |
(G) In lieu of keeping the six separate
sets of records | 174 |
required in divisions (A) to (F) of this section and the
records | 175 |
required in division (H) of this section, a county
recorder may | 176 |
record all the instruments required to be recorded by this
section | 177 |
in two separate sets of record books. One set shall be
called the | 178 |
"official records" and shall contain the instruments
listed in | 179 |
divisions (A), (B), (C), (E), (F), and
(H) of this section. The | 180 |
second set of records shall
contain the instruments listed in | 181 |
division (D) of this section. | 182 |
Sec. 1515.02. There is hereby established in the
department | 189 |
of natural resources the Ohio soil and water
conservation | 190 |
commission. The commission shall consist of seven
members of | 191 |
equal status and authority, four of whom shall be
appointed by the | 192 |
governor with the advice and consent of the
senate, and one of | 193 |
whom shall be designated by resolution of the
board of directors | 194 |
of the Ohio federation of soil and water
conservation districts. | 195 |
The other two members shall be the
director of agriculture and the | 196 |
vice-president for agricultural
administration of the Ohio state | 197 |
university. The director of
natural resources may participate in | 198 |
the deliberations of the
commission, but without the power to | 199 |
vote. A vacancy in the
office of an appointed member shall be | 200 |
filled by the governor,
with the advice and consent of the senate. | 201 |
Any member appointed
to fill a vacancy occurring prior to the | 202 |
expiration of the term
for which
histhe member's predecessor was | 203 |
appointed shall hold
office for the remainder of
suchthat term. | 204 |
Of the appointed members, two shall be
farmers and all shall be | 205 |
persons who have a knowledge of or
interest in the natural | 206 |
resources of the state. Not more than
two of the appointed | 207 |
members shall be members of the same
political party. | 208 |
The commission shall organize by selecting from its members
a | 219 |
chairmanchairperson and a
vice-chairmanvice-chairperson. The | 220 |
commission shall hold at
least one regular meeting in each quarter | 221 |
of each calendar year
and shall keep a record of its proceedings, | 222 |
which shall be open to
the public for inspection. Special | 223 |
meetings may be called by the
chairmanchairperson and shall be | 224 |
called by
himthe chairperson upon receipt of a written request | 225 |
signed
by two or more
members of the commission. Written notice | 226 |
of the
time and place of each
meeting shall be sent to each member | 227 |
of the
commission. A majority of the
commission
shall constitute | 228 |
a
quorum. | 229 |
The governor may remove any appointed member of the | 233 |
commission at any time for inefficiency, neglect of duty, or | 234 |
malfeasance in office, after giving to the member a copy of the | 235 |
charges against
himthe member and an opportunity to be heard | 236 |
publicly in person or by counsel in
histhe member's defense.
Any | 237 |
such act of removal by the governor is final. A statement of the | 238 |
findings
of the
governor, the reason for
histhe governor's | 239 |
action, and the
answer, if any, of the member shall be filed by | 240 |
the governor with the
secretary of
state and shall be open to | 241 |
public inspection. | 242 |
Sec. 1515.15. A board of county commissioners may apply to | 288 |
the Ohio soil and water conservation commission for an advance of | 289 |
moneys from the soil and water conservation fund, which is hereby | 290 |
created in the state treasury, to enable
sucha soil and water | 291 |
conservation district to pay all
or part of the cost of surveys | 292 |
and plans, appraisals, estimates
of cost, land options, and other | 293 |
incidental expenses of
constructing works of improvement for
a | 294 |
soil and water
conservationthe district. The commission shall | 295 |
consider
suchthe application and shall recommend an amount of | 296 |
moneys reasonably
needed for
suchthat purpose. | 297 |
For the purpose of bringing a referendum petition against a | 338 |
soil and water conservation project under section 305.31 of the | 339 |
Revised Code, a resolution adopted by a joint board of county | 340 |
commissioners shall be considered to be a resolution adopted by | 341 |
the board of county commissioners of each county in the project | 342 |
area. The electors of any county in the project area may file a | 343 |
petition for referendum under that section against a resolution | 344 |
adopted by the joint board of county commissioners as if it had | 345 |
been adopted by the board of county commissioners for that county. | 346 |
The referendum shall be conducted only in the county in which the | 347 |
referendum petition was filed. The electors of any county in the | 348 |
project area in which no referendum petition was filed shall not | 349 |
be eligible to vote in the referendum, and the outcome of a | 350 |
referendum shall have effect only in the county in which the | 351 |
referendum was held. Any county in the project area in which a | 352 |
referendum is not held remains subject to the provisions of the | 353 |
resolution adopted by the joint board of county commissioners for | 354 |
the soil and water conservation district.
| 355 |
Sec. 1515.24. (A) Upon receipt of a certification made by | 356 |
the
supervisors of a soil and water conservation district pursuant | 357 |
to
section 1515.20 of the Revised Code, the board of county | 358 |
commissioners may
levyadopt a resolution levying upon the | 359 |
property within the project area
an assessment at a uniform or | 360 |
varied rate based upon the benefit
to the area certified by the | 361 |
supervisors, as necessary to pay the
cost of construction of the | 362 |
improvement not otherwise funded and
to repay advances made for | 363 |
purposes of the improvement from the
fund created by section | 364 |
1515.15 of the Revised Code. The board
of
county commissioners | 365 |
shall direct the person or authority
preparing assessments to give | 366 |
primary consideration, in
determining a parcel's estimated | 367 |
assessments relating to the
disposal of water, to the potential | 368 |
increase in productivity that
the parcel may experience as a | 369 |
result of the improvement and also
to give consideration to the | 370 |
amount of water disposed of, the
location of the property relative | 371 |
to the project, the value of
the
project to the watershed, and | 372 |
benefits as defined in section
6131.01 of the
Revised Code. The | 373 |
part
of the assessment that is
found to benefit state, county, or | 374 |
township
roads or highways or
municipal streets shall be assessed | 375 |
against
the state, county,
township, or municipal corporation, | 376 |
respectively, payable from
motor vehicle revenues. The
part of | 377 |
the assessment that is found
to benefit property
owned by any | 378 |
public corporation, any political
subdivision of the state, or
the | 379 |
state shall be assessed against
the public corporation, the | 380 |
political subdivision, or the state
and shall be paid out of the | 381 |
general funds or motor vehicle
revenues of the public
corporation, | 382 |
the political subdivision of
the state, or the
state, except as | 383 |
otherwise provided by law. | 384 |
(C)Any land owned
and managed by the department of natural | 389 |
resources for wildlife,
recreation, nature preserve, or forestry | 390 |
purposes is exempt from
assessments if the director of natural | 391 |
resources determines that
the land derives no benefit from the | 392 |
improvement. In making such
a determination, the director shall | 393 |
consider the purposes for
which the land is owned and managed and | 394 |
any relevant articles of
dedication or existing management plans | 395 |
for the land. If the
director determines that the land derives no | 396 |
benefit from the
improvement, the director shall notify the board | 397 |
of county
commissioners,
within thirty days after receiving the | 398 |
assessment notification
required by this section, indicating that | 399 |
the director has
determined that
the land is to be exempt and | 400 |
explaining the specific reason
for
making this determination. The | 401 |
board of county commissioners, within thirty
days after receiving | 402 |
the director's exemption
notification, may appeal the | 403 |
determination to the
court of common
pleas. If the court of | 404 |
common pleas finds in favor of the board
of county commissioners, | 405 |
the department of natural resources
shall pay all court costs and | 406 |
legal fees. | 407 |
If the assessment is to be made at a varied rate, the(D)(1) | 408 |
The board shall give notice by first class mail to every public | 409 |
and
private property owner whose property is subject to | 410 |
assessment, at the
tax mailing or other known address of the | 411 |
owner. The notice shall contain a
statement of the amount to be | 412 |
assessed against the property of the addressee, a description of | 413 |
the method used to determine the necessity for and the amount of | 414 |
the proposed assessment,
and a statement
that the addressee may | 415 |
file an
objection in writing at the office
of the board of county | 416 |
commissioners within thirty days after the
mailing of notice. If | 417 |
the residence of any owner cannot be
ascertained, or if any
mailed | 418 |
notice is returned undelivered, the
board shall publish
the notice | 419 |
to all such owners in a newspaper
of general
circulation within | 420 |
the project area, at least once each
week for
three weeks, which | 421 |
notice shall include the information
contained
in the mailed | 422 |
notice, but shall state that the owner may
file
an objection in | 423 |
writing at the office of the board of county
commissioners within | 424 |
thirty days after the last publication of
the
notice. | 425 |
(2) Upon receipt of objections as provided in this section, | 426 |
the
board shall proceed within thirty days to hold a final hearing | 427 |
on the objections by fixing a date and giving notice by
first | 428 |
class mail to the objectors at the address
provided in filing
the | 429 |
objection. If any mailed notice is returned
undelivered, the | 430 |
board shall give due notice to the objectors in a newspaper
of | 431 |
general circulation in the project area, stating the time, place, | 432 |
and purpose of the hearing. Upon hearing the objectors, the board | 433 |
may
amendadopt a resolution amending and
shall approveapproving | 434 |
the final schedule of assessments
byand shall enter it in the | 435 |
journal
entry. | 436 |
(E) Any moneys collected in excess of the amount needed for | 456 |
construction of the improvement and the subsequent first year's | 457 |
maintenance may be maintained in a fund to be used for
maintenance | 458 |
of the improvement. In any year subsequent to a year
in which an | 459 |
assessment for construction of an improvement levied
under this | 460 |
section has been collected, and upon determination by
the board of | 461 |
county commissioners that funds are not otherwise
available for | 462 |
maintenance or repair of the improvement, the board
shall levy on | 463 |
the property within the project area an
assessment for maintenance | 464 |
at a uniform percentage of all
construction costs based upon the | 465 |
assessment schedule used in
determining the construction | 466 |
assessment. The assessment is not
subject to the provisions | 467 |
concerning notice and petition
contained in
this section
1515.25 | 468 |
of the Revised
Code. An assessment for
maintenance shall not be | 469 |
levied in any year in which
the
unencumbered balance of funds | 470 |
available for maintenance of the
improvement exceeds twenty per | 471 |
cent of the cost of
construction
of
the improvement, except that | 472 |
the board may adjust the level of
assessment within the twenty per | 473 |
cent limitation, or suspend
temporarily the levying of an | 474 |
assessment, for maintenance
purposes
as maintenance funds are | 475 |
needed. | 476 |
Sec. 3737.882. (A) If, after an examination or
inspection, | 485 |
the fire marshal or an assistant fire marshal finds
that a release | 486 |
of petroleum is suspected,
hethe fire marshal shall take such | 487 |
action as
hethe fire marshal
considers necessary to ensure that a | 488 |
suspected
release is confirmed or disproved and, if the occurrence | 489 |
of a
release is confirmed, to correct the release. These actions | 490 |
may
include one or more of the following: | 491 |
(1) Issuance of a citation and order requiring the | 492 |
responsible person to undertake, in a manner consistent with the | 493 |
requirements of section 9003 of the "Resource Conservation and | 494 |
Recovery Act of 1976," 98 Stat. 3279, 42 U.S.C.A. 6991b, as | 495 |
amended, applicable regulations adopted thereunder, and rules | 496 |
adopted under division (B) of this section, such actions as are | 497 |
necessary to protect human health and the environment, including, | 498 |
without limitation, the investigation of a suspected release. | 499 |
(2) Requesting the attorney general to bring a civil
action | 500 |
for appropriate relief, including a temporary restraining
order or | 501 |
preliminary or permanent injunction, in the court of
common pleas | 502 |
of the county in which a suspected release is
located or in which | 503 |
the release occurred, to obtain the
corrective action necessary to | 504 |
protect human health and the
environment. In granting any such | 505 |
relief, the court shall ensure
that the terms of the temporary | 506 |
restraining order or injunction
are sufficient to provide | 507 |
comprehensive corrective action to
protect human health and the | 508 |
environment. | 509 |
(3) Entry onto premises and undertaking corrective action | 510 |
with respect to a release of petroleum if, in
histhe fire | 511 |
marshal's judgment, such
action is
necessary to protect human | 512 |
health and the environment.
Any
corrective action undertaken by | 513 |
the fire marshal or assistant
fire
marshal under division (A)(3) | 514 |
of this section shall be
consistent
with the requirements of | 515 |
sections 9003 and 9005 of the
"Resource
Conservation and Recovery | 516 |
Act of 1976," 98 Stat. 3279,
42 U.S.C.A.
6991b, and 98 Stat. 3284, | 517 |
42 U.S.C.A. 6991e,
respectively, as
amended, applicable | 518 |
regulations adopted
thereunder, and rules
adopted under division | 519 |
(B) of this section. | 520 |
(B) The fire marshal shall adopt, and may amend and
rescind, | 521 |
such rules as
hethe fire marshal considers necessary
to establish | 522 |
standards for corrective actions for suspected and confirmed | 523 |
releases of petroleum and standards for the recovery of costs | 524 |
incurred for undertaking corrective or enforcement actions with | 525 |
respect to such releases. The rules also shall include | 526 |
requirements for financial responsibility for the cost of | 527 |
corrective actions for and compensation of bodily injury and | 528 |
property damage incurred by third parties that are caused by | 529 |
releases of petroleum. Rules regarding financial responsibility | 530 |
shall, without limitation, require responsible persons to
provide | 531 |
evidence that the parties guaranteeing payment of the
deductible | 532 |
amount established under division (E) or (F) of
section 3737.91 of | 533 |
the Revised Code are, at a minimum,
secondarily liable for all | 534 |
corrective action and third-party
liability costs incurred within | 535 |
the scope of the deductible
amount. The rules shall be consistent | 536 |
with sections 9003 and
9005 of the "Resource Conservation and | 537 |
Recovery Act of 1976," 98
Stat. 3279, 42 U.S.C.A. 6991b, and 98 | 538 |
Stat. 3284, 42 U.S.C.A.
6991e, respectively, as amended, and | 539 |
applicable regulations
adopted thereunder. | 540 |
(2) Whoever violates division (C)(1) of this section or | 547 |
division (F) of section 3737.881 of the Revised Code shall pay a | 548 |
civil penalty of not more than ten thousand dollars for each day | 549 |
that the violation continues. The fire marshal may, by order, | 550 |
assess a civil penalty under this division, or
hethe fire
marshal | 551 |
may request the
attorney general to bring a civil action for | 552 |
imposition of the
civil penalty in the court of common pleas of | 553 |
the county in which
the violation occurred. If the fire marshal | 554 |
determines that a
responsible person is in violation of division | 555 |
(C)(1) of this
section or division (F) of section 3737.881 of the | 556 |
Revised Code,
the fire marshal may request the attorney general to | 557 |
bring a
civil action for appropriate relief, including a temporary | 558 |
restraining order or preliminary or permanent injunction, in the | 559 |
court of common pleas of the county in which the underground | 560 |
storage tank or, in the case of a violation of division (F)(3) of | 561 |
section 3737.881 of the Revised Code, the training program that
is | 562 |
the subject of the violation is located. The court shall
issue a | 563 |
temporary restraining order or an injunction upon a
demonstration | 564 |
that a violation of division (C)(1) of this section
or division | 565 |
(F) of section 3737.881 of the Revised Code has
occurred or is | 566 |
occurring. | 567 |
(D) Orders issued under division (A) of section 3737.88 of | 572 |
the Revised Code and divisions (A)(1) and (C) of this section,
and | 573 |
appeals thereof, are subject to and governed by Chapter 3745.
of | 574 |
the Revised Code. Such orders shall be issued without the | 575 |
necessity for issuance of a proposed action under that chapter. | 576 |
For purposes of appeals of any such orders, the term "director"
as | 577 |
used in Chapter 3745. of the Revised Code includes the fire | 578 |
marshal and an assistant fire marshal. | 579 |
(E) Any restrictions on the use of real property for the | 580 |
purpose of achieving applicable standards pursuant to rules | 581 |
adopted under division (B) of this section shall be contained in a | 582 |
deed or in another instrument that is signed and acknowledged by | 583 |
the property
owner in the same manner as a deed. The deed or other | 584 |
instrument
containing the restrictions shall be filed and recorded | 585 |
in the
office of the county recorder of the county in which the | 586 |
property
is located. Pursuant to Chapter 5309. of the Revised | 587 |
Code, such
use restrictions in connection with registered land, as | 588 |
defined in
section 5309.01 of the Revised Code, shall be entered | 589 |
as a
memorial on the page of the register where the title of the | 590 |
owner
is registered. | 591 |