REPRESENTATIVES Hoops, Peterson, Seitz, Calvert, Fessler, Setzer, Husted, Callender, Evans, Carmichael, Hollister, Widowfield, Olman, Jolivette, Webster, Niehaus, Blasdel, Allen, Hartnett, Patton

To amend sections 1923.01, 1923.02, 1923.09, 1923.11,

1

1923.13, 1923.14, 3733.091, 4503.061, 4503.062,

2

and 4513.01 and to enact section 1923.12 of the

3

Revised Code to revise the forcible entry and

4

detainer law relative to writs of execution issued

5

in connection with manufactured home park

6

residential premises and the removal, storage, and

7

potential sale or destruction of an abandoned

8

manufactured home, mobile home, or recreational

9

vehicle on those premises; to expand the types of

10

information included in the register of

11

manufactured or mobile homes that make use of a

12

manufactured home court, park, or similar property;

13

and to exclude manufactured homes and mobile homes

14

from the abandoned vehicle statutes.

15

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

Section 1. That sections 1923.01, 1923.02, 1923.09, 1923.11,	16
1923.13, 1923.14, 3733.091, 4503.061, 4503.062, and 4513.01 be	17
amended and section 1923.12 of the Revised Code be enacted to read	18
as follows:	19

Sec. 1923.01.  (A) As provided in this chapter, any judge of	20
a county or municipal court or a court of common pleas, within the	21
judge's proper area of jurisdiction, may inquire about persons who	22
make unlawful and forcible entry into lands or tenements and	23
detain them, and about persons who make a lawful and peaceable	24
entry into lands or tenements and hold them unlawfully and by	25
force. If, upon suchthe inquiry, it is found that an unlawful	26
and forcible entry has been made and the lands or tenements are	27
detained, or that, after a lawful entry, lands or tenements are	28
held unlawfully and by force, a judge shall cause the plaintiff in	29
an action under this chapter to have restitution of the lands or	30
tenements.	31

(B) An action shall be brought under this chapter within two	32
years after the cause of action accrues.	33

(C) As used in this chapter:

34

(1) "Tenant" means a person who is entitled under a rental	35
agreement to the use or occupancy of premises, other than premises	36
located in a manufactured home park as defined in section 3733.01	37
of the Revised Code, to the exclusion of others.	38

(2) "Landlord" means the owner, lessor, or sublessor of	39
premises, or the agent or person the landlord authorizes to manage	40
premises or to receive rent from a tenant under a rental	41
agreement, except, if required by the facts of the action to which	42
the term is applied, "landlord" means a park operator.	43

(3) "Park operator," "manufactured home," "mobile home,"	44
"manufactured home park," "recreational vehicle," and "resident"	45
have the same meanings as in section 3733.01 of the Revised Code.	46

(4) "Residential premises" has the same meaning as in	47
section 5321.01 of the Revised Code, except, if required by the	48
facts of the action to which the term is applied, "residential	49
premises" has the same meaning as in section 3733.01 of the	50
Revised Code.	51

(5) "Rental agreement" means any agreement or lease, written	52
or oral, that establishes or modifies the terms, conditions,	53
rules, or any other provisions concerning the use or occupancy of	54
premises by one of the parties to the agreement or lease, except	55
that "rental agreement," as used in division (A)(11)(13) of	56
section 1923.02 of the Revised Code and where the context requires	57
as used in this chapter, means a rental agreement as defined in	58
division (D) of section 5322.01 of the Revised Code.	59

(6) "Controlled substance" has the same meaning as in	60
section 3719.01 of the Revised Code.	61

Sec. 1923.02.  (A) Proceedings under this chapter may be had	62
as follows:	63

(1) Against tenants or manufactured home park residents	64
holding over their terms;	65

(2) Against tenants or manufactured home park residents in	66
possession under an oral tenancy, who are in default in the	67
payment of rent as provided in division (B) of this section;	68

(3) In sales of real estate, on executions, orders, or other	69
judicial process, when the judgment debtor was in possession at	70
the time of the rendition of the judgment or decree, by virtue of	71
which suchthe sale was made;	72

(4) In sales by executors, administrators, or guardians, and	73
on partition, when any of the parties to the complaint were in	74
possession at the commencement of the action, after suchthe	75
sales, so made on execution or otherwise, have been examined by	76
the proper court and adjudged legal;	77

(5) When the defendant is an occupier of lands or tenements,	78
without color of title, and the complainant has the right of	79
possession to them;	80

(6) In any other case of the unlawful and forcible detention	81
of lands or tenements. For purposes of this division, in addition	82
to any other type of unlawful and forcible detention of lands or	83
tenements, such a detention may be determined to exist when both	84
of the following apply:	85

(a) A tenant fails to vacate residential premises within	86
three days after both of the following occur:	87

(i) HisThe tenant's landlord has actual knowledge of or has	88
reasonable cause to believe that the tenant, any person in the	89
tenant's household, or any person on the premises with the consent	90
of the tenant previously has or presently is engaged in a	91
violation of Chapter 2925. or 3719. of the Revised Code, or of a	92
municipal ordinance that is substantially similar to any section	93
in either of those chapters, which involves a controlled substance	94
and which occurred in, is occurring in, or otherwise was or is	95
connected with the premises, whether or not the tenant or other	96
person has been charged with, has pleaded guilty to or been	97
convicted of, or has been determined to be a delinquent child for	98
an act that, if committed by an adult, would be a violation as	99
described in this division. For purposes of this division, a	100
landlord has "actual knowledge of or has reasonable cause to	101
believe" that a tenant, any person in the tenant's household, or	102
any person on the premises with the consent of the tenant	103
previously has or presently is engaged in a violation as described	104
in this division if a search warrant was issued pursuant to	105
Criminal Rule 41 or Chapter 2933. of the Revised Code; the	106
affidavit presented to obtain the warrant named or described the	107
tenant or person as the individual to be searched and particularly	108
described the tenant's premises as the place to be searched, named	109
or described one or more controlled substances to be searched for	110
and seized, stated substantially the offense under Chapter 2925.	111
or 3719. of the Revised Code or the substantially similar	112
municipal ordinance that occurred in, is occurring in, or	113
otherwise was or is connected with the tenant's premises, and	114
states the factual basis for the affiant's belief that the	115
controlled substances are located on the tenant's premises; the	116
warrant was properly executed by a law enforcement officer and any	117
controlled substance described in the affidavit was found by that	118
officer during the search and seizure; and, subsequent to the	119
search and seizure, the landlord was informed by that or another	120
law enforcement officer of the fact that the tenant or person has	121
or presently is engaged in a violation as described in this	122
division and it occurred in, is occurring in, or otherwise was or	123
is connected with the tenant's premises.	124

(ii) The landlord gives the tenant the notice required by	125
division (C) of section 5321.17 of the Revised Code;.	126

(b) The court determines, by a preponderance of the	127
evidence, that the tenant, any person in the tenant's household,	128
or any person on the premises with the consent of the tenant	129
previously has or presently is engaged in a violation as described	130
in division (A)(6)(a)(i) of this section.	131

(7) In cases arising out of Chapter 5313. of the Revised	132
Code. In suchthose cases, the court has the authority to declare	133
a forfeiture of the vendee's rights under a land installment	134
contract and to grant any other claims arising out of the	135
contract.	136

(8) Against tenants who have breached an obligation that is	137
imposed by section 5321.05 of the Revised Code, other than the	138
obligation specified in division (A)(9) of that section, and that	139
materially affects health and safety. Prior to the commencement	140
of an action under this division, notice shall be given to the	141
tenant and compliance secured with section 5321.11 of the Revised	142
Code.	143

(9) Against tenants who have breached an obligation imposed	144
upon them by a written rental agreement;	145

(10) Against manufactured home park residents who have	146
defaulted in the payment of rent or breached the terms of a rental	147
agreement with a manufactured home park operator;. Nothing in	148
this division precludes the commencement of an action under	149
division (A)(12) of this section when the additional circumstances	150
described in that division apply.	151

(11) Against manufactured home park residents who have	152
committed two material violations of the rules of the manufactured	153
home park, of the public health council, or of applicable state	154
and local health and safety codes and who have been notified of	155
the violations in compliance with section 3733.13 of the Revised	156
Code.;	157

(12) Against a manufactured home park resident, or the estate	158
of a manufactured home park resident, who has been absent from the	159
manufactured home park for a period of thirty consecutive days	160
prior to the commencement of an action under this division and	161
whose manufactured home or mobile home, or recreational vehicle	162
parked in the manufactured home park, has been left unoccupied for	163
that thirty-day period, without notice to the park operator and	164
without payment of rent due under the rental agreement with the	165
park operator;	166

(13) Against occupants of self-service storage facilities, as	167
defined in division (A) of section 5322.01 of the Revised Code,	168
who have breached the terms of a rental agreement or violated	169
section 5322.04 of the Revised Code.	170

(B) If a tenant or manufactured home park resident holding	171
under an oral tenancy is in default in the payment of rent, hethe	172
tenant or resident forfeits histhe right of occupancy, and the	173
landlord may, at histhe landlord's option, terminate the tenancy	174
by notifying the tenant or resident, as provided in section	175
1923.04 of the Revised Code, to leave the premises, for the	176
restitution of which an action may then be brought under this	177
chapter.	178

(C) This chapter does not apply to a student tenant as	179
defined by division (H) of section 5321.01 of the Revised Code	180
when the college or university proceeds to terminate a rental	181
agreement pursuant to section 5321.031 of the Revised Code.	182

Sec. 1923.09. (A) If an action under this chapter is not	183
continued, the place of trial is not changed, and neither party	184
demands a jury on the return day of the summons, a judge of the	185
court shall try the cause. After hearing the evidence, if hethe	186
judge concludes that the complaint is not true, hethe judge shall	187
enter judgment against the plaintiff for costs. If hethe judge	188
finds the complaint to be true, hethe judge shall render a	189
general judgment against the defendant, in favor of the plaintiff,	190
for restitution of the premises and costs of suit. If the judge	191
finds the complaint true in part, hethe judge shall render a	192
judgment for restitution of suchthat part only, and the cost	193
costs shall be taxed as he deemsthe judge considers just.	194

(B) If a judgment is entered under this section in favor of	195
the plaintiff in any action under this chapter in which the	196
plaintiff is a park operator, the judge shall include in the	197
judgment entry authority for the plaintiff to permit, in	198
accordance with section 1923.12 and division (B) of both sections	199
1923.13 and 1923.14 of the Revised Code, the removal and potential	200
sale, destruction, or transfer of ownership of the resident's	201
manufactured home, mobile home, or recreational vehicle.	202

Sec. 1923.11. (A) The court shall enter the verdict rendered	203
by a jury under section 1923.10 of the Revised Code upon the	204
docket, and render judgment in the action as if the facts,	205
authorizing the finding of suchthe verdict, had been found by the	206
court itself.	207

(B) If a judgment is entered under this section in favor of	208
the plaintiff in any action under this chapter in which the	209
plaintiff is a park operator, the judge shall include in the	210
judgment entry authority for the plaintiff to permit, in	211
accordance with section 1923.12 and division (B) of both sections	212
1923.13 and 1923.14 of the Revised Code, the removal and potential	213
sale, destruction, or transfer of ownership of the resident's	214
manufactured home, mobile home, or recreational vehicle.	215

Sec. 1923.12. (A) A park operator of a manufactured home	216
park from which a resident or a resident's estate has been evicted	217
pursuant to a judgment entered under section 1923.09 or 1923.11 of	218
the Revised Code in any action under this chapter, if the resident	219
or estate has abandoned or otherwise left unoccupied the	220
resident's manufactured home, mobile home, or recreational vehicle	221
on the residential premises for a period of three days following	222
the entry of the judgment, provide to the titled owner of the home	223
or vehicle a written notice to remove the home or vehicle from the	224
manufactured home park within seven days from the date of the	225
delivery of the notice. Delivery of the notice may be by personal	226
delivery to the owner or by ordinary mail sent to the last known	227
address of the owner. If the manufactured home, mobile home, or	228
recreational vehicle is not removed from the manufactured home	229
park within seven days from the date of the delivery of the	230
notice, the park operator may follow the procedures of division	231
(B) of both sections 1923.13 and 1923.14 of the Revised Code to	232
permit the removal and potential sale, destruction, or transfer of	233
ownership of the home or vehicle.	234

(B) Every notice provided to the titled owner of a	235
manufactured home, mobile home, or recreational vehicle under this	236
section shall contain the following language printed in a	237
conspicuous manner: "You are being asked to remove your	238
manufactured home, mobile home, or recreational vehicle from the	239
residential premises of .........., a manufactured home park, in	240
accordance with a judgment of eviction entered in .......... court	241
on .......... against ........... If the manufactured home,	242
mobile home, or recreational vehicle is not removed from the	243
manufactured home park within seven days from the date of delivery	244
of this notice, the home or vehicle may be sold or destroyed, or	245
its title may be transferred to .........., pursuant to division	246
(B) of both sections 1923.13 and 1923.14 of the Revised Code. If	247
you are in doubt regarding your legal rights, it is recommended	248
that you seek legal assistance."	249

(C) Before requesting a writ of execution under division (B)	250
of section 1923.13 of the Revised Code, the park operator shall	251
conduct or cause to be conducted a search of the appropriate	252
public records that relate to the manufactured home, mobile home,	253
or recreational vehicle, and make or cause to be made reasonably	254
diligent inquiries, for the purpose of identifying any persons who	255
have an outstanding right, title, or interest in the home or	256
vehicle. If the search or inquiries reveal any person who has an	257
outstanding right, title, or interest in the manufactured home,	258
mobile home, or recreational vehicle, the park operator shall list	259
the name and last known address of each such person on its request	260
for the writ of execution. The park operator also shall certify	261
on the request that the written notice required by this section	262
has been provided.	263

Sec. 1923.13. (A) When a judgment of restitution is entered	264
by a court in an action under this chapter, unless the plaintiff	265
or the plaintiff's agent or attorney proceeds under division (B)	266
of this section, at the request of the plaintiff or histhe	267
plaintiff's agent or attorney, that court shall issue a writ of	268
execution on the judgment, in the following form, as near as	269
practicable:	270

"The state of Ohio, ........................ county: To any	271
constable or police officer of ................... township, city,	272
or village; or To the sheriff of ...............................	273
county; or toTo any authorized bailiff of the ............: (name	274
of court):	275

Whereas, in a certain action for the forcible entry and	276
detention (or the forcible detention, as the case may be), of the	277
following described premises, to wit: ............, lately tried	278
before this court, wherein ............... was plaintiff, and	279
.......... was defendant, .............. judgment was rendered on	280
the ........ day of ............, ............, that the plaintiff	281
have restitution of those premises; and also that hethe plaintiff	282
recover costs in the sum of .............. You therefore are	283
hereby commanded to cause the defendant to be forthwith removed	284
from those premises, and the plaintiff to have restitution of	285
them; also, that you levy of the goods and chattels of the	286
defendant, and make the costs previously mentioned and all	287
accruing costs, and of this writ make legal service and due	288
return.	289

Witness my hand, this ....... day of ....., A.D. .........	290
.......................... Judge, .......... (Name of court)"	291

(B) When a judgment of restitution is entered by a court in	292
any action under this chapter against a manufactured home park	293
resident or the estate of a manufactured home park resident, at	294
the request of the plaintiff or the plaintiff's agent or attorney,	295
that court shall issue a writ of execution on the judgment, in the	296
following form, as near as practicable:	297

"The state of Ohio, .......... county; To any constable or	298
police officer of .......... township, city, or village; or To the	299
sheriff of .......... county; or To any authorized bailiff of the	300
.......... (name of court):	301

Whereas, in a certain action for eviction of a resident or a	302
resident's estate from the following described residential	303
premises of a manufactured home park on which the following	304
described manufactured home, mobile home, or recreational vehicle	305
is located, to wit: .........., lately tried before this court,	306
wherein .......... was plaintiff, and .......... was defendant,	307
.......... judgment was rendered on the .......... day of	308
.........., .........., that the plaintiff have restitution of the	309
premises and also that the plaintiff recover costs in the sum of	310
........... You therefore are hereby authorized to cause the	311
defendant to be removed from the residential premises, if	312
necessary. Also, you are to levy of the goods and chattels of the	313
defendant, and make the costs previously mentioned and all	314
accruing costs, and of this writ make legal service and due	315
return.	316

Further, you are authorized to cause the subject manufactured	317
home, mobile home, or recreational vehicle, and all personal	318
property and vehicles of the defendant on the residential	319
premises, to be, at your option, either (1) removed from the	320
manufactured home park and, if necessary, moved to a storage	321
facility of your choice, or (2) retained at their current location	322
on the residential premises, until they are disposed of in a	323
manner authorized by this writ or the law of this state.	324

If the subject manufactured home, mobile home, or	325
recreational vehicle has been abandoned by the defendant and the	326
requirements of section 1923.12 of the Revised Code have been	327
satisfied, you are hereby authorized to cause the sale of the home	328
or vehicle in accordance with division (B)(3) of section 1923.14	329
of the Revised Code. A search of appropriate public records or	330
other reasonably diligent inquiries reveals the following persons,	331
whose last known addresses are listed next to their names, may	332
continue to have an outstanding right, title, or interest in the	333
home or vehicle: ..........If you are unable to sell the subject	334
manufactured home, mobile home, or recreational vehicle due to a	335
want of bidders, after it is offered for sale on two occasions,	336
you are hereby commanded to cause the presentation of this writ to	337
the clerk of this court for the issuance of a certificate of title	338
transferring the title of the home or vehicle to the plaintiff,	339
free and clear of all security interests, liens, and encumbrances,	340
in accordance with division (B)(3) of section 1923.14 of the	341
Revised Code.	342

If the subject manufactured home, mobile home, or	343
recreational vehicle has been so abandoned and has a value of less	344
than three thousand dollars and if the requirements of section	345
1923.12 of the Revised Code have been satisfied, you are hereby	346
authorized either to cause the sale or destruction of the home or	347
vehicle, or to cause the presentation of this writ to the clerk of	348
this court for the issuance of a certificate of title transferring	349
the title of the home or vehicle to the plaintiff, free and clear	350
of all security interests, liens, and encumbrances, in accordance	351
with division (B)(4) of section 1923.14 of the Revised Code.	352

Upon this writ's presentation to the clerk of this court	353
under the circumstances described in either of the two preceding	354
paragraphs and in accordance with division (B)(3) or (4) of	355
section 1923.14 of the Revised Code, as applicable, the clerk is	356
hereby commanded to issue a certificate of title transferring the	357
title of the subject manufactured home, mobile home, or	358
recreational vehicle to the plaintiff, free and clear of all	359
security interests, liens, and encumbrances, in the manner	360
prescribed in section 4505.10 of the Revised Code.	361

Witness my hand, this .......... day of ..........,	362
.......... , .......... Judge, .......... (Name of court)."	363

Sec. 1923.14. (A) Except as otherwise provided in this	364
section, within ten days after receiving thea writ of execution	365
described in division (A) or (B) of section 1923.13 of the Revised	366
Code, the sheriff, police officer, constable, or bailiff shall	367
execute it by restoring the plaintiff to the possession of the	368
premises, and shall levy and collect the costs and make return, as	369
upon other executions. If an appeal from the judgment of	370
restitution is filed and if, following the filing of the appeal, a	371
stay of execution is obtained and any required bond is filed with	372
the court of common pleas, municipal court, or county court, the	373
judge of that court immediately shall issue hisan order to the	374
sheriff, police officer, constable, or bailiff commanding him to	375
the delay of all further proceedings upon the execution. If the	376
premises have been restored to the plaintiff, the sheriff, police	377
officer, constable, or bailiff shall forthwith place the defendant	378
in possession of them, and return the writ with histhe sheriff's,	379
police officer's, constable's, or bailiff's proceedings and the	380
costs taxed thereonon it.	381

(B)(1) After a writ of execution described in division (B)	382
of section 1923.13 of the Revised Code is issued by a court of	383
common pleas, municipal court, or county court, the clerk of the	384
court shall send by regular mail, to the last known address of the	385
titled owner of the subject manufactured home, mobile home, or	386
recreational vehicle and to the last known address of each other	387
person who is listed on the writ as having any outstanding right,	388
title, or interest in the home or vehicle, a written notice that	389
the home or vehicle potentially may be sold, destroyed, or have	390
its title transferred under the circumstances described in	391
division (B)(3) or (4) of this section.	392

(2) After receiving a writ of execution described in division	393
(B) of section 1923.13 of the Revised Code, and after causing the	394
defendant to be removed from the residential premises of the	395
manufactured home park, if necessary, in accordance with the writ,	396
the sheriff, police officer, constable, or bailiff may cause the	397
subject manufactured home, mobile home, or recreational vehicle,	398
and all personal property and vehicles of the defendant on the	399
residential premises, at the sheriff's, police officer's,	400
constable's, or bailiff's option, either to be removed from the	401
manufactured home park and, if necessary, moved to a storage	402
facility of the sheriff's, police officer's, constable's, or	403
bailiff's choice, or to be retained at their current location on	404
the residential premises, until they are claimed by their owner or	405
they are disposed of in a manner authorized by division (B)(3) or	406
(4) of this section or by another section of the Revised Code.	407

Neither the sheriff, police officer, constable, or bailiff	408
nor any party authorized by the sheriff, police officer,	409
constable, or bailiff to so remove the subject manufactured home,	410
mobile home, or recreational vehicle, or the personal property and	411
vehicles of the defendant on the residential premises, shall be	412
liable for any damage caused to the home, any vehicle, or any	413
personal property during the removal. The reasonable costs for a	414
removal of the subject manufactured home, mobile home, or	415
recreational vehicle and, as applicable, the reasonable costs for	416
its storage shall constitute a lien upon the home or vehicle	417
payable by its titled owner or payable pursuant to division (B)(3)	418
of this section.	419

(3) Except as provided in division (B)(4) of this section,	420
within sixty days after receiving a writ of execution described in	421
division (B) of section 1923.13 of the Revised Code, the sheriff,	422
police officer, constable, or bailiff shall commence proceedings	423
for the sale of the subject manufactured home, mobile home, or	424
recreational vehicle in accordance with the procedures for the	425
sale of goods on execution under Chapter 2329. of the Revised	426
Code, if it is determined to be abandoned. In addition to all	427
notices required to be given under section 2329.13 of the Revised	428
Code, the sheriff, police officer, constable, or bailiff shall	429
serve a written notice of the date, time, and place of the sale	430
upon all persons who are listed on the writ of execution as having	431
any outstanding right, title, or interest in the abandoned	432
manufactured home, mobile home, or recreational vehicle, at their	433
respective last known addresses.	434

Notwithstanding any statutory provision to the contrary,	435
including, but not limited to, section 2329.66 of the Revised	436
Code, there shall be no stay of execution or exemption from levy	437
or sale on execution available to the titled owner of the	438
abandoned manufactured home, mobile home, or recreational vehicle	439
in relation to a sale under this division.The proceeds from the	440
sale of an abandoned manufactured home, mobile home, or	441
recreational vehicle under this division shall be distributed as	442
follows:	443

(a) First, to pay the costs for any moving of and any storage	444
outside the manufactured home park of the home or vehicle pursuant	445
to division (B)(2) of this section, the costs of the sale, and any	446
unpaid court costs assessed against the defendant in the	447
underlying action;	448

(b) Second, to pay all outstanding tax liens on the home or	449
vehicle;	450

(c) Third, to pay all other outstanding security interests,	451
liens, or encumbrances on the home or vehicle by priority of	452
filing or other priority;	453

(d) Fourth, to pay any outstanding monetary judgment rendered	454
under section 1923.09 or 1923.11 of the Revised Code in favor of	455
the plaintiff and any costs associated with retaining the home or	456
vehicle prior to the sale at its location on the residential	457
premises within the manufactured home park pursuant to division	458
(B)(2) of this section;	459

(e) Fifth, after complying with divisions (B)(3)(a) to (d)	460
of this section, remaining money into the county treasury to the	461
credit of the general fund.	462

Upon the return of any writ of execution for the satisfaction	463
of which an abandoned manufactured home, mobile home, or	464
recreational vehicle has been sold under this division, on careful	465
examination of the proceedings of the sheriff, police officer,	466
constable, or bailiff conducting the sale, if the court that	467
issued the writ finds that the sale was made, in all respects, in	468
conformity with the relevant provisions of Chapter 2329. of the	469
Revised Code and with this division, it shall direct the clerk of	470
the court to make an entry on the journal that the court is	471
satisfied with the legality of the sale and to issue a certificate	472
of title, free and clear of all security interests, liens, and	473
encumbrances, to the purchaser of the home or vehicle.	474

If, after it is offered for sale on two occasions under this	475
division, the abandoned manufactured home, mobile home, or	476
recreational vehicle cannot be sold due to a want of bidders, the	477
sheriff, police officer, constable, or bailiff shall present the	478
writ of execution unsatisfied to the clerk of the court that	479
issued the writ for the issuance by the clerk in the manner	480
prescribed in section 4505.10 of the Revised Code of a certificate	481
of title transferring the title of the home or vehicle to the	482
plaintiff, free and clear of all security interests, liens, and	483
encumbrances. If any taxes are owed on the home or vehicle at this	484
time, the county auditor shall remove the delinquent taxes from	485
the manufactured home tax list and the delinquent manufactured	486
home tax list and remit any penalties for late payment of	487
manufactured home taxes. Acceptance of the certificate of title by	488
the plaintiff terminates all further proceedings under this	489
section.	490

(4) Within sixty days after receiving a writ of execution	491
described in division (B) of section 1923.13 of the Revised Code,	492
if the subject manufactured home, mobile home, or recreational	493
vehicle is determined to be abandoned and to have a value of less	494
than three thousand dollars, the sheriff, police officer,	495
constable, or bailiff shall serve a written notice of potential	496
action as described in this division upon all persons who are	497
listed on the writ as having any outstanding right, title, or	498
interest in the home or vehicle, at their respective last known	499
addresses. This notice shall be in addition to all notices	500
required to be given under section 2329.13 of the Revised Code.	501
Subject to the fulfillment of these notice requirements, the	502
sheriff, police officer, constable, or bailiff shall take one of	503
the following actions with respect to the abandoned manufactured	504
home, mobile home, or recreational vehicle:	505

(a) Cause its destruction if there is no outstanding right,	506
title, or interest in it;	507

(b) Proceed with its sale under division (B)(3) of this	508
section;	509

(c) Present the writ of execution to the clerk of the court	510
that issued the writ for the issuance by the clerk in the manner	511
prescribed in section 4505.10 of the Revised Code of a certificate	512
of title transferring the title of the home or vehicle to the	513
plaintiff, free and clear of all security interests, liens, and	514
encumbrances, if there is no outstanding right, title, or interest	515
in the home or vehicle. If any taxes are owed on the home or	516
vehicle at this time, the county auditor shall remove the	517
delinquent taxes from the manufactured home tax list and the	518
delinquent manufactured home tax list and remit any penalties for	519
late payment of manufactured home taxes. Acceptance of the	520
certificate of title by the plaintiff terminates all further	521
proceedings under this section.	522

Sec. 3733.091.  (A) Notwithstanding section 3733.09 of the	523
Revised Code, a park operator may bring an action under Chapter	524
1923. of the Revised Code for possession of the premises if any of	525
the following applies:	526

(1) The resident is in default in the payment of rent;.

527

(2) The violation of the applicable building, housing,	528
health, or safety code that the resident complained of was	529
primarily caused by any act or lack of reasonable care by the	530
resident, or by any other person in the resident's household, or	531
by anyone on the premises with the consent of the resident;.	532

(3) The resident is holding over histhe resident's term;.

533

(4) The resident is in violation of rules of the public	534
health council adopted pursuant to section 3733.02 of the Revised	535
Code or rules of the manufactured home park adopted pursuant to	536
the rules of the public health council.	537

(5) The resident has been absent from the manufactured home	538
park for a period of thirty consecutive days prior to the	539
commencement of the action, and the resident's manufactured home	540
or mobile home, or recreational vehicle parked in the manufactured	541
home park has been left unoccupied for that thirty-day period,	542
without notice to the park operator and without payment of rent	543
due under the rental agreement.	544

(B) The maintenance of an action by the park operator under	545
this section does not prevent the resident from recovering damages	546
for any violation by the park operator of the rental agreement or	547
of section 3733.10 of the Revised Code.	548

Sec. 4503.061.  (A) All manufactured and mobile homes shall	549
be listed on either the real property tax list or the manufactured	550
home tax list of the county in which the home has situs. Each	551
owner shall follow the procedures in this section to identify the	552
home to the county auditor of the county containing the taxing	553
district in which the home has situs so that the auditor may place	554
the home on the appropriate tax list.	555

(B) When a manufactured or mobile home first acquires situs	556
in this state and is subject to real property taxation pursuant to	557
division (B)(1) or (2) of section 4503.06 of the Revised Code, the	558
owner shall present to the auditor of the county containing the	559
taxing district in which the home has its situs the certificate of	560
title for the home, together with proof that all taxes due have	561
been paid and proof that a relocation notice was obtained for the	562
home if required under this section. Upon receiving the	563
certificate of title and the required proofs, the auditor shall	564
place the home on the real property tax list and proceed to treat	565
the home as other properties on that list. After the auditor has	566
placed the home on the tax list of real and public utility	567
property, the auditor shall deliver the certificate of title to	568
the clerk of the court of common pleas that issued it pursuant to	569
section 4505.11 of the Revised Code, and the clerk shall	570
inactivate the certificate of title.	571

(C)(1) When a manufactured or mobile home subject to a	572
manufactured home tax is relocated to or first acquires situs in	573
any county that has adopted a permanent manufactured home	574
registration system, as provided in division (F) of this section,	575
the owner, within thirty days after the home is relocated or first	576
acquires situs under section 4503.06 of the Revised Code, shall	577
register the home with the county auditor of the county containing	578
the taxing district in which the home has its situs. For the	579
first registration in each county of situs, the owner or vendee in	580
possession shall present to the county auditor an Ohio certificate	581
of title, certified copy of the certificate of title, or	582
memorandum certificate of title as such are required by law, and	583
proof, as required by the county auditor, that the home, if it has	584
previously been occupied and is being relocated, has been	585
previously registered, that all taxes due and required to be paid	586
under division (H)(1) of this section before a relocation notice	587
may be issued have been paid, and that a relocation notice was	588
obtained for the home if required by division (H) of this section.	589
If the owner or vendee does not possess the Ohio certificate of	590
title, certified copy of the certificate of title, or memorandum	591
certificate of title at the time the owner or vendee first	592
registers the home in a county, the county auditor shall register	593
the home without presentation of the document, but the owner or	594
vendee shall present the certificate of title, certified copy of	595
the certificate of title, or memorandum certificate of title to	596
the county auditor within fourteen days after the owner or vendee	597
obtains possession of the document.	598

(2) When a manufactured or mobile home is registered for the	599
first time in a county and when the total tax due has been paid as	600
required by division (F) of section 4503.06 of the Revised Code or	601
divisions (E) and (H) of this section, the county treasurer shall	602
note by writing or by a stamp on the certificate of title,	603
certified copy of certificate of title, or memorandum certificate	604
of title that the home has been registered and that the taxes due,	605
if any, have been paid for the preceding five years and for the	606
current year. The treasurer shall then issue a certificate	607
evidencing registration and a decal to be displayed on the street	608
side of the home. SuchThe certificate is valid in any county in	609
this state during the year for which it is issued.	610

(3) For each year thereafter, the county treasurer shall	611
issue a tax bill stating the amount of tax due under section	612
4503.06 of the Revised Code, as provided in division (D)(6) of	613
that section. When the total tax due has been paid as required by	614
division (F) of that section 4503.06 of the Revised Code, the	615
county treasurer shall issue a certificate evidencing registration	616
that shall be valid in any county in this state during the year	617
for which the certificate is issued.	618

(4) The permanent decal issued under this division is valid	619
during the period of ownership, except that when a manufactured	620
home is relocated in another county the owner shall apply for a	621
new registration as required by this section and section 4503.06	622
of the Revised Code.	623

(D)(1) All owners of manufactured or mobile homes subject to	624
the manufactured home tax being relocated to or having situs in a	625
county that has not adopted a permanent registration system, as	626
provided in division (F) of this section, shall register the home	627
within thirty days after the home is relocated or first acquires	628
situs under section 4503.06 of the Revised Code and thereafter	629
shall annually register the home with the county auditor of the	630
county containing the taxing district in which the home has its	631
situs.	632

(2) Upon the annual registration, the county treasurer	633
shall issue a tax bill stating the amount of annual manufactured	634
home tax due under section 4503.06 of the Revised Code, as	635
provided in division (D)(6) of that section. When a manufactured	636
or mobile home is registered and when the tax for the current	637
one-half year has been paid as required by division (F) of that	638
section 4503.06 of the Revised Code, the county treasurer shall	639
issue a certificate evidencing registration and a decal. SuchThe	640
certificate and decal are valid in any county in this state during	641
the year for which they are issued. The decal shall be displayed	642
on the street side of the home.	643

(3) For the first annual registration in each county of	644
situs, the county auditor shall require the owner or vendee to	645
present an Ohio certificate of title, certified copy of the	646
certificate of title, or memorandum certificate of title as such	647
are required by law, and proof, as required by the county auditor,	648
that the manufactured or mobile home has been previously	649
registered, if such registration was required, that all taxes due	650
and required to be paid under division (H)(1) of this section	651
before a relocation notice may be issued have been paid, and that	652
a relocation notice was obtained for the home if required by	653
division (H) of this section. If the owner or vendee does not	654
possess the Ohio certificate of title, certified copy of the	655
certificate of title, or memorandum certificate of title at the	656
time the owner or vendee first registers the home in a county, the	657
county auditor shall register the home without presentation of the	658
document, but the owner or vendee shall present the certificate of	659
title, certified copy of the certificate of title, or memorandum	660
certificate of title to the county auditor within fourteen days	661
after the owner or vendee obtains possession of the document. When	662
the county treasurer receives the tax payment, the county	663
treasurer shall note by writing or by a stamp on the certificate	664
of title, certified copy of the certificate of title, or	665
memorandum certificate of title that the home has been registered	666
for the current year and that the manufactured home taxes due, if	667
any, have been paid for the preceding five years and for the	668
current year.	669

(4) For subsequent annual registrations, the auditor may	670
require the owner or vendee in possession to present an Ohio	671
certificate of title, certified copy of the certificate of title,	672
or memorandum certificate of title to the county treasurer upon	673
payment of the manufactured home tax that is due.	674

(E)(1) Upon the application to transfer ownership of a	675
manufactured or mobile home for which manufactured home taxes are	676
paid pursuant to division (C) of section 4503.06 of the Revised	677
Code, the clerk of the court of common pleas shall not issue any	678
certificate of title that does not contain or have attached both	679
of the following:	680

(a) An endorsement of the county treasurer stating that the	681
home has been registered for each year of ownership and that all	682
manufactured home taxes imposed pursuant to section 4503.06 of the	683
Revised Code have been paid or that no tax is due;	684

(b) An endorsement of the county auditor that the	685
manufactured home transfer tax imposed pursuant to section 322.06	686
of the Revised Code and any fees imposed under division (F) of	687
section 319.54 of the Revised Code have been paid.	688

(2) If all the taxes have not been paid, the clerk shall	689
notify the vendee to contact the county treasurer of the county	690
containing the taxing district in which the home has its situs at	691
the time of the proposed transfer. The county treasurer shall	692
then collect all the taxes that are due for the year of the	693
transfer and all previous years not exceeding a total of five	694
years. The county treasurer shall distribute that part of the	695
collection owed to the county treasurer of other counties if the	696
home had its situs in another county during a particular year when	697
the unpaid tax became due and payable. The burden to prove the	698
situs of the home in the years that the taxes were not paid is on	699
the transferor of the home. Upon payment of suchthe taxes, the	700
county auditor shall remove all remaining taxes from the	701
manufactured home tax list and the delinquent manufactured home	702
tax list, and the county treasurer shall release all liens for	703
such taxes. The clerk of courts shall issue a certificate of	704
title, free and clear of all liens for manufactured home taxes, to	705
the transferee of the home.	706

(3) Once the transfer is complete and the certificate of	707
title has been issued, the transferee shall register the	708
manufactured or mobile home pursuant to division (C) or (D) of	709
this section with the county auditor of the county containing the	710
taxing district in which the home remains after the transfer or,	711
if the home is relocated to another county, with the county	712
auditor of the county to which the home is relocated. The	713
transferee need not pay the annual tax for the year of acquisition	714
if the original owner has already paid the annual tax for that	715
year.	716

(F) The county auditor may adopt a permanent registration	717
system and issue a permanent decal with the first registration as	718
prescribed by the tax commissioner.	719

(G) When any manufactured or mobile home required to be	720
registered by this section is not registered, the county auditor	721
shall impose a penalty of one hundred dollars upon the owner and	722
deposit the amount to the credit of the county real estate	723
assessment fund to be used to pay the costs of administering this	724
section and section 4503.06 of the Revised Code. If unpaid, the	725
penalty shall constitute a lien on the home and shall be added by	726
the county auditor to the manufactured home tax list for	727
collection.	728

(H)(1) BeforeExcept as otherwise provided in this division,	729
before moving a manufactured or mobile home on public roads from	730
one address within this state to another address within or	731
outside this state, the owner of the home shall obtain a	732
relocation notice, as provided by this section, from the auditor	733
of the county in which the home is located if the home is	734
currently subject to taxation pursuant to section 4503.06 of the	735
Revised Code. The auditor shall charge five dollars for the	736
notice, and deposit the amount to the credit of the county real	737
estate assessment fund to be used to pay the costs of	738
administering this section and section 4503.06 of the Revised	739
Code. The auditor shall not issue a relocation notice unless all	740
taxes owed on the home under section 4503.06 of the Revised Code	741
that were first charged to the home during the period of ownership	742
of the owner seeking the relocation notice have been paid. If the	743
home is being moved by a new owner of the home or by a party	744
taking repossession of the home, the auditor shall not issue a	745
relocation notice unless all of the taxes due for the preceding	746
five years and for the current year have been paid. A relocation	747
notice issued by a county auditor is valid until the last day of	748
December of the year in which it was issued.	749

If the home is being moved by a sheriff, police officer,	750
constable, bailiff, or manufactured home park operator, as defined	751
in section 3733.01 of the Revised Code, or any agent of any of	752
these persons, for purposes of removal from a manufactured home	753
park and storage, sale, or destruction under section 1923.14 of	754
the Revised Code, the auditor shall issue a relocation notice	755
without requiring payment of any taxes owed on the home under	756
section 4503.06 of the Revised Code.	757

(2) If a manufactured or mobile home is not yet subject to	758
taxation under section 4503.06 of the Revised Code, the owner of	759
the home shall obtain a relocation notice from the dealer of the	760
home. Within thirty days after the manufactured or mobile home is	761
purchased, the dealer of the home shall provide the auditor of the	762
county in which the home is to be located written notice of the	763
name of the purchaser of the home, the registration number or	764
vehicle identification number of the home, and the address or	765
location to which the home is to be moved. The county auditor	766
shall provide to each manufactured and mobile home dealer, without	767
charge, a supply of relocation notices to be distributed to	768
purchasers pursuant to this section.	769

(3) The notice shall be in the form of a one-foot square	770
yellow sign with the words "manufactured home relocation notice"	771
printed prominently on it. The name of the owner of the home, the	772
home's registration number or vehicle identification number, the	773
county and the address or location to which the home is being	774
moved, and the county in which the notice is issued shall also be	775
entered on the notice.	776

(4) The relocation notice must be attached to the rear of	777
the home when the home is being moved on a public road. Except as	778
provided in divisiondivisions (H)(1) and (5) of this section, no	779
person shall drive a motor vehicle moving a manufactured or mobile	780
home on a public road from one address to another address within	781
this state unless a relocation notice is attached to the rear of	782
the home.	783

(5) If the county auditor determines that a manufactured or	784
mobile home has been moved without a relocation notice as required	785
under this division, the auditor shall impose a penalty of one	786
hundred dollars upon the owner of the home and upon the person who	787
moved the home and deposit the amount to the credit of the county	788
real estate assessment fund to pay the costs of administering this	789
section and section 4503.06 of the Revised Code. If the home was	790
relocated from one county in this state to another county in this	791
state and the county auditor of the county to which the home was	792
relocated imposes the penalty, that county auditor, upon	793
collection thereofof the penalty, shall cause an amount equal to	794
the penalty to be transmitted from the county real estate	795
assessment fund to the county auditor of the county from which the	796
home was relocated, who shall deposit the amount to the credit of	797
the county real estate assessment fund. If the penalty on the	798
owner is unpaid, the penalty shall constitute a lien on the home,	799
and the auditor shall add the penalty to the manufactured home tax	800
list for collection. If the county auditor determines that a	801
dealer that has sold a manufactured or mobile home has failed to	802
timely provide the information required under this division, the	803
auditor shall impose a penalty upon the dealer in the amount of	804
one hundred dollars. The penalty shall be credited to the county	805
real estate assessment fund and used to pay the costs of	806
administering this section and section 4503.06 of the Revised	807
Code.	808

Sec. 4503.062. (A) Every operator of a manufactured home	809
court, or manufactured home park, as defined in section 3733.01 of	810
the Revised Code, or when there is no operator, every owner of	811
property used for such purposes on which three or more	812
manufactured or mobile homes are located, shall keep a register of	813
all manufactured and mobile homes that make use of the court,	814
park, or property. The register shall contain all of the	815
following:	816

(A)(1) The name of the owner and all inhabitants of each	817
home;	818

(B)(2) The ages of all inhabitants of each home;

819

(C)(3) The permanent and temporary post office addresses of	820
all inhabitants of each home;	821

(D)(4) The license number of each unithome;

822

(E)(5) The state issuing each such license;

823

(F)(6) The date of arrival and of departure of each home.;

824

(7) The make and model of each home, if known and if either	825
of the following applies:	826

(a) The home enters the court, park, or property on or after	827
January 1, 2003.	828

(b) Ownership of the home in the court or park, or on the	829
property, is transferred on or after January 1, 2003.	830

(B) The register shall be open to inspection by the county	831
auditor, the county treasurer, agents of the auditor or treasurer,	832
and all law enforcement agencies at all times.	833

(C) Any person who fails to comply with this section shall be	834
fined not less than twenty-five nor more than one hundred dollars.	835

Sec. 4513.01. NotwithstandingThe definitions set forth in	836
section 4511.01 of the Revised Code "motor vehicle" includes	837
manufactured homes and mobile hom es for the purposes of sections	838
4513.60 to 4513.65 of the Revised Codeapply to this chapter.	839

Section 2. That existing sections 1923.01, 1923.02, 1923.09,	840
1923.11, 1923.13, 1923.14, 3733.091, 4503.061, 4503.062, and	841
4513.01 of the Revised Code are hereby repealed.	842