SENATOR Amstutz

To amend sections 1923.01, 1923.02, 1923.09, 1923.11,

1

1923.13, 1923.14, 3733.01, 3733.091, 4503.061,

2

4503.062, 4513.01, and 5321.01 and to enact

3

sections 1901.184, 1907.032, 1923.12, 3733.081, and

4

3733.082 of the Revised Code to revise the forcible

5

entry and detainer law relative to writs of

6

execution issued in connection with manufactured

7

home park residential premises and the removal,

8

storage, and potential sale or destruction of an

9

abandoned manufactured home, mobile home, or

10

recreational vehicle on those premises; to expand

11

the types of information included in the register

12

of manufactured or mobile homes that make use of a

13

manufactured home court, park, or similar property;

14

to exclude manufactured homes and mobile homes from

15

the abandoned vehicle statutes, to provide a

16

procedure for the removal of abandoned property

17

from a recreational vehicle park, recreation camp,

18

combined park-camp, or temporary park-camp, to give

19

qualified immunity to manufactured home park

20

operators; and to amend the version of section

21

4503.061 of the Revised Code that is scheduled to

22

take effect January 1, 2004, to continue the

23

provisions of this act on and after that effective

24

date.

25

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

Section 1. That sections 1923.01, 1923.02, 1923.09, 1923.11,	26
1923.13, 1923.14, 3733.01, 3733.091, 4503.061, 4503.062, 4513.01,	27
and 5321.01 be amended and sections 1901.184, 1907.032, 1923.12,	28
3733.081, and 3733.082 of the Revised Code be enacted to read as	29
follows:	30

Sec. 1901.184. In addition to jurisdiction otherwise granted	31
by this chapter, a municipal court shall have jurisdiction in	32
actions filed under section 3733.082 of the Revised Code.	33

Sec. 1907.032. In addition to the jurisdiction authorized in	34
other sections of this chapter, a county court has original	35
jurisdiction in actions filed under section 3733.082 of the	36
Revised Code.	37

Sec. 1923.01.  (A) As provided in this chapter, any judge of	38
a county or municipal court or a court of common pleas, within the	39
judge's proper area of jurisdiction, may inquire about persons who	40
make unlawful and forcible entry into lands or tenements and	41
detain them, and about persons who make a lawful and peaceable	42
entry into lands or tenements and hold them unlawfully and by	43
force. If, upon suchthe inquiry, it is found that an unlawful	44
and forcible entry has been made and the lands or tenements are	45
detained, or that, after a lawful entry, lands or tenements are	46
held unlawfully and by force, a judge shall cause the plaintiff in	47
an action under this chapter to have restitution of the lands or	48
tenements.	49

(B) An action shall be brought under this chapter within two	50
years after the cause of action accrues.	51

(C) As used in this chapter:

52

(1) "Tenant" means a person who is entitled under a rental	53
agreement to the use or occupancy of premises, other than premises	54
located in a manufactured home park as defined in section 3733.01	55
of the Revised Code, to the exclusion of others.	56

(2) "Landlord" means the owner, lessor, or sublessor of	57
premises, or the agent or person the landlord authorizes to manage	58
premises or to receive rent from a tenant under a rental	59
agreement, except, if required by the facts of the action to which	60
the term is applied, "landlord" means a park operator.	61

(3) "Park operator," "manufactured home," "mobile home,"	62
"manufactured home park," "recreational vehicle," and "resident"	63
have the same meanings as in section 3733.01 of the Revised Code.	64

(4) "Residential premises" has the same meaning as in	65
section 5321.01 of the Revised Code, except, if required by the	66
facts of the action to which the term is applied, "residential	67
premises" has the same meaning as in section 3733.01 of the	68
Revised Code.	69

(5) "Rental agreement" means any agreement or lease, written	70
or oral, that establishes or modifies the terms, conditions,	71
rules, or any other provisions concerning the use or occupancy of	72
premises by one of the parties to the agreement or lease, except	73
that "rental agreement," as used in division (A)(11)(13) of	74
section 1923.02 of the Revised Code and where the context requires	75
as used in this chapter, means a rental agreement as defined in	76
division (D) of section 5322.01 of the Revised Code.	77

(6) "Controlled substance" has the same meaning as in	78
section 3719.01 of the Revised Code.	79

Sec. 1923.02.  (A) Proceedings under this chapter may be had	80
as follows:	81

(1) Against tenants or manufactured home park residents	82
holding over their terms;	83

(2) Against tenants or manufactured home park residents in	84
possession under an oral tenancy, who are in default in the	85
payment of rent as provided in division (B) of this section;	86

(3) In sales of real estate, on executions, orders, or other	87
judicial process, when the judgment debtor was in possession at	88
the time of the rendition of the judgment or decree, by virtue of	89
which suchthe sale was made;	90

(4) In sales by executors, administrators, or guardians, and	91
on partition, when any of the parties to the complaint were in	92
possession at the commencement of the action, after suchthe	93
sales, so made on execution or otherwise, have been examined by	94
the proper court and adjudged legal;	95

(5) When the defendant is an occupier of lands or tenements,	96
without color of title, and the complainant has the right of	97
possession to them;	98

(6) In any other case of the unlawful and forcible detention	99
of lands or tenements. For purposes of this division, in addition	100
to any other type of unlawful and forcible detention of lands or	101
tenements, such a detention may be determined to exist when both	102
of the following apply:	103

(a) A tenant fails to vacate residential premises within	104
three days after both of the following occur:	105

(i) HisThe tenant's landlord has actual knowledge of or has	106
reasonable cause to believe that the tenant, any person in the	107
tenant's household, or any person on the premises with the consent	108
of the tenant previously has or presently is engaged in a	109
violation of Chapter 2925. or 3719. of the Revised Code, or of a	110
municipal ordinance that is substantially similar to any section	111
in either of those chapters, which involves a controlled substance	112
and which occurred in, is occurring in, or otherwise was or is	113
connected with the premises, whether or not the tenant or other	114
person has been charged with, has pleaded guilty to or been	115
convicted of, or has been determined to be a delinquent child for	116
an act that, if committed by an adult, would be a violation as	117
described in this division. For purposes of this division, a	118
landlord has "actual knowledge of or has reasonable cause to	119
believe" that a tenant, any person in the tenant's household, or	120
any person on the premises with the consent of the tenant	121
previously has or presently is engaged in a violation as described	122
in this division if a search warrant was issued pursuant to	123
Criminal Rule 41 or Chapter 2933. of the Revised Code; the	124
affidavit presented to obtain the warrant named or described the	125
tenant or person as the individual to be searched and particularly	126
described the tenant's premises as the place to be searched, named	127
or described one or more controlled substances to be searched for	128
and seized, stated substantially the offense under Chapter 2925.	129
or 3719. of the Revised Code or the substantially similar	130
municipal ordinance that occurred in, is occurring in, or	131
otherwise was or is connected with the tenant's premises, and	132
states the factual basis for the affiant's belief that the	133
controlled substances are located on the tenant's premises; the	134
warrant was properly executed by a law enforcement officer and any	135
controlled substance described in the affidavit was found by that	136
officer during the search and seizure; and, subsequent to the	137
search and seizure, the landlord was informed by that or another	138
law enforcement officer of the fact that the tenant or person has	139
or presently is engaged in a violation as described in this	140
division and it occurred in, is occurring in, or otherwise was or	141
is connected with the tenant's premises.	142

(ii) The landlord gives the tenant the notice required by	143
division (C) of section 5321.17 of the Revised Code;.	144

(b) The court determines, by a preponderance of the	145
evidence, that the tenant, any person in the tenant's household,	146
or any person on the premises with the consent of the tenant	147
previously has or presently is engaged in a violation as described	148
in division (A)(6)(a)(i) of this section.	149

(7) In cases arising out of Chapter 5313. of the Revised	150
Code. In suchthose cases, the court has the authority to declare	151
a forfeiture of the vendee's rights under a land installment	152
contract and to grant any other claims arising out of the	153
contract.	154

(8) Against tenants who have breached an obligation that is	155
imposed by section 5321.05 of the Revised Code, other than the	156
obligation specified in division (A)(9) of that section, and that	157
materially affects health and safety. Prior to the commencement	158
of an action under this division, notice shall be given to the	159
tenant and compliance secured with section 5321.11 of the Revised	160
Code.	161

(9) Against tenants who have breached an obligation imposed	162
upon them by a written rental agreement;	163

(10) Against manufactured home park residents who have	164
defaulted in the payment of rent or breached the terms of a rental	165
agreement with a manufactured home park operator;. Nothing in	166
this division precludes the commencement of an action under	167
division (A)(12) of this section when the additional circumstances	168
described in that division apply.	169

(11) Against manufactured home park residents who have	170
committed two material violations of the rules of the manufactured	171
home park, of the public health council, or of applicable state	172
and local health and safety codes and who have been notified of	173
the violations in compliance with section 3733.13 of the Revised	174
Code.;	175

(12) Against a manufactured home park resident, or the estate	176
of a manufactured home park resident, who has been absent from the	177
manufactured home park for a period of thirty consecutive days	178
prior to the commencement of an action under this division and	179
whose manufactured home or mobile home, or recreational vehicle	180
that is parked in the manufactured home park, has been left	181
unoccupied for that thirty-day period, without notice to the park	182
operator and without payment of rent due under the rental	183
agreement with the park operator;	184

(13) Against occupants of self-service storage facilities, as	185
defined in division (A) of section 5322.01 of the Revised Code,	186
who have breached the terms of a rental agreement or violated	187
section 5322.04 of the Revised Code.	188

(B) If a tenant or manufactured home park resident holding	189
under an oral tenancy is in default in the payment of rent, hethe	190
tenant or resident forfeits histhe right of occupancy, and the	191
landlord may, at histhe landlord's option, terminate the tenancy	192
by notifying the tenant or resident, as provided in section	193
1923.04 of the Revised Code, to leave the premises, for the	194
restitution of which an action may then be brought under this	195
chapter.	196

(C) This chapter does not apply to a student tenant as	197
defined by division (H) of section 5321.01 of the Revised Code	198
when the college or university proceeds to terminate a rental	199
agreement pursuant to section 5321.031 of the Revised Code.	200

Sec. 1923.09. (A) If an action under this chapter is not	201
continued, the place of trial is not changed, and neither party	202
demands a jury on the return day of the summons, a judge of the	203
court shall try the cause. After hearing the evidence, if hethe	204
judge concludes that the complaint is not true, hethe judge shall	205
enter judgment against the plaintiff for costs. If hethe judge	206
finds the complaint to be true, hethe judge shall render a	207
general judgment against the defendant, in favor of the plaintiff,	208
for restitution of the premises and costs of suit. If the judge	209
finds the complaint true in part, hethe judge shall render a	210
judgment for restitution of suchthat part only, and the cost	211
costs shall be taxed as he deemsthe judge considers just.	212

(B) If a judgment is entered under this section in favor of	213
a plaintiff who is a park operator, the judge shall include in	214
the judgment entry authority for the plaintiff to permit, in	215
accordance with section 1923.12 and division (B) of section	216
1923.13 and division (B) of section 1923.14 of the Revised Code,	217
the removal from the manufactured home park and potential sale,	218
destruction, or transfer of ownership of the defendant's	219
manufactured home, mobile home, or recreational vehicle.	220

Sec. 1923.11. (A) The court shall enter the verdict rendered	221
by a jury under section 1923.10 of the Revised Code upon the	222
docket, and render judgment in the action as if the facts,	223
authorizing the finding of suchthe verdict, had been found by the	224
court itself.	225

(B) If a judgment is entered under this section in favor of	226
a plaintiff who is a park operator, the judge shall include in	227
the judgment entry authority for the plaintiff to permit, in	228
accordance with section 1923.12 and division (B) of section	229
1923.13 and division (B) of section 1923.14 of the Revised Code,	230
the removal from the manufactured home park and potential sale,	231
destruction, or transfer of ownership of the defendant's	232
manufactured home, mobile home, or recreational vehicle.	233

Sec. 1923.12. (A) If a resident or a resident's estate has	234
been evicted from a manufactured home park pursuant to a judgment	235
entered under section 1923.09 or 1923.11 of the Revised Code and	236
if the resident or estate has abandoned or otherwise left	237
unoccupied the resident's manufactured home, mobile home, or	238
recreational vehicle on the residential premises of the	239
manufactured home park for a period of three days following the	240
entry of the judgment, the operator of the manufactured home park	241
may provide to the titled owner of the home or vehicle a written	242
notice to remove the home or vehicle from the manufactured home	243
park within fourteen days from the date of the delivery of the	244
notice. The park operator shall deliver or cause the delivery of	245
the notice by personal delivery to the owner or by ordinary mail	246
sent to the last known address of the owner. Except as provided	247
in divisions (D) and (E) of this section, if the owner of the	248
manufactured home, mobile home, or recreational vehicle does not	249
remove it or cause it to be removed from the manufactured home	250
park within fourteen days from the date of the delivery of the	251
notice, the park operator may follow the procedures of division	252
(B) of section 1923.13 and division (B) of section 1923.14 of the	253
Revised Code to permit the removal from the manufactured home	254
park, and the potential sale, destruction, or transfer of	255
ownership of the home or vehicle.	256

(B) Every notice provided to the titled owner of a	257
manufactured home, mobile home, or recreational vehicle under this	258
section shall contain the following language printed in a	259
conspicuous manner: "You are being asked to remove your	260
manufactured home, mobile home, or recreational vehicle from the	261
residential premises of .........., a manufactured home park, in	262
accordance with a judgment of eviction entered in .......... court	263
on .......... against ........... If the manufactured home,	264
mobile home, or recreational vehicle is not removed from the	265
manufactured home park within fourteen days from the date of	266
delivery of this notice, the home or vehicle may be sold or	267
destroyed, or its title may be transferred to .........., pursuant	268
to division (B) of both sections 1923.13 and 1923.14 of the	269
Revised Code. If you are in doubt regarding your legal rights, it	270
is recommended that you seek legal assistance."	271

(C) Before requesting a writ of execution under division (B)	272
of section 1923.13 of the Revised Code, the park operator shall	273
conduct or cause to be conducted a search of the appropriate	274
public records that relate to the manufactured home, mobile home,	275
or recreational vehicle, and make or cause to be made reasonably	276
diligent inquiries, for the purpose of identifying any persons who	277
have an outstanding right, title, or interest in the home or	278
vehicle. If the search or inquiries reveal any person who has an	279
outstanding right, title, or interest in the manufactured home,	280
mobile home, or recreational vehicle, the park operator shall list	281
the name and last known address of each person with a right,	282
title, or interest of that nature on its request for the writ of	283
execution. The park operator also shall certify on the request	284
that park operator provided the written notice required by this	285
section.	286

(D) When a resident's estate has been evicted from a	287
manufactured home park pursuant to a judgment entered under	288
section 1923.09 or 1923.11 of the Revised Code, the removal from	289
the park and potential sale, destruction, or transfer of ownership	290
of the resident's home or vehicle shall be conducted in the manner	291
prescribed by the probate court in which letters testamentary or	292
of administration have been granted for the estate in accordance	293
with Title XXI of the Revised Code. The park operator may store	294
the resident's home or vehicle at a storage facility or at another	295
location within the manufactured home park during the	296
administration of the estate. The park operator shall notify the	297
executor or administrator of the resident's estate where the home	298
or vehicle will be stored during the administration of the estate.	299
The costs for the removal and storage of the home or vehicle shall	300
be a claim against the resident's estate without further	301
presentation of the claim to the executor or administrator.	302

(E)(1) When the resident who has been evicted from a	303
manufactured home park pursuant to a judgment entered under	304
section 1923.09 or 1923.11 of the Revised Code is the titled owner	305
of a manufactured home, mobile home, or recreational vehicle and	306
is or becomes deceased prior to the removal of the home or vehicle	307
from the manufactured home park, and no probate court has granted	308
letters testamentary or of administration with respect to the	309
resident's estate, the park operator may store the home or vehicle	310
at a storage facility or at another location within the	311
manufactured home park before and after a probate court grants	312
letters testamentary or of administration with respect to the	313
resident's estate pursuant to Title XXI of the Revised Code.	314

(2) If no probate court grants letters testamentary or of	315
administration with respect to the resident's estate within one	316
year of the date of the eviction of the resident from the	317
manufactured home park pursuant to a judgment entered under	318
section 1923.09 or 1923.11 of the Revised Code, the park operator	319
may follow the procedures of division (B) of section 1923.13 and	320
division (B) of section 1923.14 of the Revised Code to permit the	321
removal from the park and potential sale, destruction, or transfer	322
of ownership of the home or vehicle.	323

(3) If a probate court grants letters testamentary or of	324
administration with respect to the resident's estate within one	325
year of the date of the eviction of the resident from the park,	326
the removal from the park and potential sale, destruction, or	327
transfer of ownership of the home or vehicle shall be conducted	328
pursuant to division (D) of this section.	329

Sec. 1923.13. (A) When a judgment of restitution is entered	330
by a court in an action under this chapter, unless the plaintiff	331
or the plaintiff's agent or attorney proceeds under division (B)	332
of this section, at the request of the plaintiff or histhe	333
plaintiff's agent or attorney, that court shall issue a writ of	334
execution on the judgment, in the following form, as near as	335
practicable:	336

"The state of Ohio, ........................ county: To any	337
constable or police officer of ................... township, city,	338
or village; or To the sheriff of ...............................	339
county; or toTo any authorized bailiff of the ............: (name	340
of court):	341

Whereas, in a certain action for the forcible entry and	342
detention (or the forcible detention, as the case may be), of the	343
following described premises, to wit: ............, lately tried	344
before this court, wherein ............... was plaintiff, and	345
.......... was defendant, .............. judgment was rendered on	346
the ........ day of ............, ............, that the plaintiff	347
have restitution of those premises; and also that hethe plaintiff	348
recover costs in the sum of .............. You therefore are	349
hereby commanded to cause the defendant to be forthwith removed	350
from those premises, and the plaintiff to have restitution of	351
them; also, that you levy of the goods and chattels of the	352
defendant, and make the costs previously mentioned and all	353
accruing costs, and of this writ make legal service and due	354
return.	355

Witness my hand, this ....... day of ....., A.D. .........	356
.......................... Judge, .......... (Name of court)"	357

(B) When a judgment of restitution is entered by a court in	358
any action under this chapter against a manufactured home park	359
resident or the estate of a manufactured home park resident, at	360
the request of the plaintiff or the plaintiff's agent or attorney,	361
that court shall issue a writ of execution on the judgment, in the	362
following form, as near as practicable:	363

"The state of Ohio, .......... county; To any constable or	364
police officer of .......... township, city, or village; or To the	365
sheriff of .......... county; or To any authorized bailiff of the	366
.......... (name of court):	367

Whereas, in a certain action for eviction of a resident or a	368
resident's estate from the following described residential	369
premises of a manufactured home park on which the following	370
described manufactured home, mobile home, or recreational vehicle	371
is located, to wit: .........., lately tried before this court,	372
wherein .......... was plaintiff, and .......... was defendant,	373
.......... judgment was rendered on the .......... day of	374
.........., .........., that the plaintiff have restitution of the	375
premises and also that the plaintiff recover costs in the sum of	376
........... You therefore are hereby authorized to cause the	377
defendant to be removed from the residential premises, if	378
necessary. Also, you are to levy of the goods and chattels of the	379
defendant, and make the costs previously mentioned and all	380
accruing costs, and of this writ make legal service and due	381
return.	382

Further, you are authorized to cause the manufactured home,	383
mobile home, or recreational vehicle, and all personal property	384
and vehicles of the defendant on the residential premises, to be,	385
at your option, either (1) removed from the manufactured home park	386
and, if necessary, moved to a storage facility of your choice, or	387
(2) retained at their current location on the residential	388
premises, until they are disposed of in a manner authorized by	389
this writ or the law of this state.	390

If the manufactured home, mobile home, or recreational	391
vehicle has been abandoned by the defendant and the requirements	392
of section 1923.12 of the Revised Code have been satisfied, you	393
are hereby authorized to cause the sale of the home or vehicle in	394
accordance with division (B)(3) of section 1923.14 of the Revised	395
Code. A search of appropriate public records or other reasonably	396
diligent inquiries reveals the following persons, whose last known	397
addresses are listed next to their names, may continue to have an	398
outstanding right, title, or interest in the home or vehicle:	399
.......... If you are unable to sell the manufactured home, mobile	400
home, or recreational vehicle due to a want of bidders, after it	401
is offered for sale on two occasions, you are hereby commanded to	402
cause the presentation of this writ to the clerk of this court for	403
the issuance of a certificate of title transferring the title of	404
the home or vehicle to the plaintiff, free and clear of all	405
security interests, liens, and encumbrances, in accordance with	406
division (B)(3) of section 1923.14 of the Revised Code.	407

If the manufactured home, mobile home, or recreational	408
vehicle has been so abandoned and has a value of less than three	409
thousand dollars and if the requirements of section 1923.12 of the	410
Revised Code have been satisfied, you are hereby authorized either	411
to cause the sale or destruction of the home or vehicle, or to	412
cause the presentation of this writ to the clerk of this court for	413
the issuance of a certificate of title transferring the title of	414
the home or vehicle to the plaintiff, free and clear of all	415
security interests, liens, and encumbrances, in accordance with	416
division (B)(4) of section 1923.14 of the Revised Code.	417

Upon this writ's presentation to the clerk of this court	418
under the circumstances described in either of the two preceding	419
paragraphs and in accordance with division (B)(3) or (4) of	420
section 1923.14 of the Revised Code, as applicable, the clerk is	421
hereby commanded to issue a certificate of title transferring the	422
title of the manufactured home, mobile home, or recreational	423
vehicle to the plaintiff, free and clear of all security	424
interests, liens, and encumbrances, in the manner prescribed in	425
section 4505.10 of the Revised Code.	426

Witness my hand, this .......... day of ..........,	427
.......... , .......... Judge, .......... (Name of court)."	428

Sec. 1923.14. (A) Except as otherwise provided in this	429
section, within ten days after receiving thea writ of execution	430
described in division (A) or (B) of section 1923.13 of the Revised	431
Code, the sheriff, police officer, constable, or bailiff shall	432
execute it by restoring the plaintiff to the possession of the	433
premises, and shall levy and collect the costs and make return, as	434
upon other executions. If an appeal from the judgment of	435
restitution is filed and if, following the filing of the appeal, a	436
stay of execution is obtained and any required bond is filed with	437
the court of common pleas, municipal court, or county court, the	438
judge of that court immediately shall issue hisan order to the	439
sheriff, police officer, constable, or bailiff commanding him to	440
the delay of all further proceedings upon the execution. If the	441
premises have been restored to the plaintiff, the sheriff, police	442
officer, constable, or bailiff shall forthwith place the defendant	443
in possession of them, and return the writ with histhe sheriff's,	444
police officer's, constable's, or bailiff's proceedings and the	445
costs taxed thereonon it.	446

(B)(1) After a court of common pleas, municipal court, or	447
county court issues a writ of execution described in division (B)	448
of section 1923.13 of the Revised Code, the clerk of the court	449
shall send by regular mail, to the last known address of the	450
titled owner of the manufactured home, mobile home, or	451
recreational vehicle that is the subject of the writ and to the	452
last known address of each other person who is listed on the writ	453
as having any outstanding right, title, or interest in the home or	454
vehicle, a written notice that the home or vehicle potentially may	455
be sold, destroyed, or have its title transferred under the	456
circumstances described in division (B)(3) or (4) of this section.	457

(2) After receiving a writ of execution described in division	458
(B) of section 1923.13 of the Revised Code, and after causing the	459
defendant to be removed from the residential premises of the	460
manufactured home park, if necessary, in accordance with the writ,	461
the sheriff, police officer, constable, or bailiff may cause the	462
manufactured home, mobile home, or recreational vehicle that is	463
the subject of the writ, and all personal property and vehicles of	464
the defendant on the residential premises, at the sheriff's,	465
police officer's, constable's, or bailiff's option, either to be	466
removed from the manufactured home park and, if necessary, moved	467
to a storage facility of the sheriff's, police officer's,	468
constable's, or bailiff's choice, or to be retained at their	469
current location on the residential premises, until they are	470
claimed by the defendant or they are disposed of in a manner	471
authorized by division (B)(3) or (4) of this section or by another	472
section of the Revised Code.	473

The sheriff, police officer, constable, or bailiff who	474
removes the manufactured home, mobile home, or recreational	475
vehicle, or the personal property and vehicles of the defendant,	476
from the residential premises shall be immune from civil liability	477
pursuant to section 2744.03 of the Revised Code for any damage	478
caused to the home, any vehicle, or any personal property during	479
the removal. The park operator shall not be liable for any damage	480
caused by the park operator's removal of the manufactured home,	481
mobile home, or recreational vehicle, or, the removal of the	482
personal property or vehicles of the defendant, from the	483
residential premises or for any damage to the personal property	484
and vehicles of the defendant during the time the home, vehicle,	485
or property remains abandoned or stored in the manufactured home	486
park, unless the damage is the result of acts that the park	487
operator or the park operator's agents or employees performed with	488
malicious purpose, in bad faith, or in a wanton or reckless	489
manner. The reasonable costs for a removal of the manufactured	490
home, mobile home, or recreational vehicle and, as applicable, the	491
reasonable costs for its storage shall constitute a lien upon the	492
home or vehicle payable by its titled owner or payable pursuant to	493
division (B)(3) of this section.	494

(3) Except as provided in divisions (B)(4) and (5) of this	495
section, within sixty days after receiving a writ of execution	496
described in division (B) of section 1923.13 of the Revised Code,	497
the sheriff, police officer, constable, or bailiff shall commence	498
proceedings for the sale of the manufactured home, mobile home, or	499
recreational vehicle that is the subject of the writ if it is	500
determined to be abandoned in accordance with the procedures for	501
the sale of goods on execution under Chapter 2329. of the Revised	502
Code. In addition to all notices required to be given under	503
section 2329.13 of the Revised Code, the sheriff, police officer,	504
constable, or bailiff shall serve at their respective last known	505
addresses a written notice of the date, time, and place of the	506
sale upon all persons who are listed on the writ of execution as	507
having any outstanding right, title, or interest in the abandoned	508
manufactured home, mobile home, or recreational vehicle.	509

Notwithstanding any statutory provision to the contrary,	510
including, but not limited to, section 2329.66 of the Revised	511
Code, there shall be no stay of execution or exemption from levy	512
or sale on execution available to the titled owner of the	513
abandoned manufactured home, mobile home, or recreational vehicle	514
in relation to a sale under this division. The sheriff, police	515
officer, constable, or bailiff shall distribute the proceeds from	516
the sale of an abandoned manufactured home, mobile home, or	517
recreational vehicle under this division in the following manner:	518

(a) The sheriff, police officer, constable, or bailiff shall	519
first pay the costs for any moving of and any storage outside the	520
manufactured home park of the home or vehicle pursuant to division	521
(B)(2) of this section, the costs of the sale, and any unpaid	522
court costs assessed against the defendant in the underlying	523
action.	524

(b) Following the payment required by division (B)(3)(a) of	525
this section, the sheriff, police officer, constable, or bailiff	526
shall pay all outstanding tax liens on the home or vehicle.	527

(c) Following the payment required by division (B)(3)(b) of	528
this section, the sheriff, police officer, constable, or bailiff	529
shall pay all other outstanding security interests, liens, or	530
encumbrances on the home or vehicle by priority of filing or other	531
priority.	532

(d) Following the payment required by division (B)(3)(c) of	533
this section, the sheriff, police officer, constable, or bailiff	534
shall pay any outstanding monetary judgment rendered under section	535
1923.09 or 1923.11 of the Revised Code in favor of the plaintiff	536
and any costs associated with retaining the home or vehicle prior	537
to the sale at its location on the residential premises within the	538
manufactured home park pursuant to division (B)(2) of this	539
section.	540

(e) After complying with divisions (B)(3)(a) to (d) of	541
this section, the sheriff, police officer, constable, or bailiff	542
shall report any remaining money as unclaimed funds pursuant to	543
Chapter 169. of the Revised Code.	544

Upon the return of any writ of execution for the satisfaction	545
of which an abandoned manufactured home, mobile home, or	546
recreational vehicle has been sold under this division, on careful	547
examination of the proceedings of the sheriff, police officer,	548
constable, or bailiff conducting the sale, if the court that	549
issued the writ finds that the sale was made, in all respects, in	550
conformity with the relevant provisions of Chapter 2329. of the	551
Revised Code and with this division, it shall direct the clerk of	552
the court to make an entry on the journal that the court is	553
satisfied with the legality of the sale and to issue a certificate	554
of title, free and clear of all security interests, liens, and	555
encumbrances, to the purchaser of the home or vehicle.	556

If, after it is offered for sale on two occasions under this	557
division, the abandoned manufactured home, mobile home, or	558
recreational vehicle cannot be sold due to a want of bidders, the	559
sheriff, police officer, constable, or bailiff shall present the	560
writ of execution unsatisfied to the clerk of the court that	561
issued the writ for the issuance by the clerk in the manner	562
prescribed in section 4505.10 of the Revised Code of a certificate	563
of title transferring the title of the home or vehicle to the	564
plaintiff, free and clear of all security interests, liens, and	565
encumbrances. If any taxes are owed on the home or vehicle at this	566
time, the county auditor shall remove the delinquent taxes from	567
the manufactured home tax list and the delinquent manufactured	568
home tax list and remit any penalties for late payment of	569
manufactured home taxes. Acceptance of the certificate of title by	570
the plaintiff terminates all further proceedings under this	571
section.	572

(4) Except as provided in division (B)(5) of this section,	573
within sixty days after receiving a writ of execution described in	574
division (B) of section 1923.13 of the Revised Code, if the	575
manufactured home, mobile home, or recreational vehicle is	576
determined to be abandoned and to have a value of less than three	577
thousand dollars, the sheriff, police officer, constable, or	578
bailiff shall serve at their respective last known addresses a	579
written notice of potential action as described in this division	580
upon all persons who are listed on the writ as having any	581
outstanding right, title, or interest in the home or vehicle. This	582
notice shall be in addition to all notices required to be given	583
under section 2329.13 of the Revised Code. Subject to the	584
fulfillment of these notice requirements, the sheriff, police	585
officer, constable, or bailiff shall take one of the following	586
actions with respect to the abandoned manufactured home, mobile	587
home, or recreational vehicle:	588

(a) Cause its destruction if there is no outstanding right,	589
title, or interest in it;	590

(b) Proceed with its sale under division (B)(3) of this	591
section;	592

(c) If there is no outstanding right, title, or interest in	593
the home or vehicle present the writ of execution to the clerk of	594
the court that issued the writ for the issuance by the clerk in	595
the manner prescribed in section 4505.10 of the Revised Code of a	596
certificate of title transferring the title of the home or vehicle	597
to the plaintiff, free and clear of all security interests, liens,	598
and encumbrances. If any taxes are owed on the home or vehicle	599
at this time, the county auditor shall remove the delinquent taxes	600
from the manufactured home tax list and the delinquent	601
manufactured home tax list and remit any penalties for late	602
payment of manufactured home taxes. Acceptance of the certificate	603
of title by the plaintiff terminates all further proceedings under	604
this section.	605

(5) At any time prior to the issuance of the writ of	606
execution described in division (B) of section 1923.13 of the	607
Revised Code, the titled owner of the manufactured home, mobile	608
home, or recreational vehicle that would be the subject of the	609
writ may remove the abandoned home or vehicle from the	610
manufactured home park or other place of storage upon payment to	611
the county auditor of all outstanding tax liens on the home or	612
vehicle and, unless the owner is indigent, payment to the clerk of	613
court of all unpaid court costs assessed against the defendant in	614
the underlying action. After the issuance of the writ of	615
execution, the titled owner of the home or vehicle may remove the	616
abandoned home or vehicle from the manufactured home park or other	617
place of storage at any time up to the day before the scheduled	618
sale, destruction, or transfer of the home or vehicle pursuant to	619
division (B)(3) or (4) of this section upon payment of all of the	620
following:	621

(a) All costs for moving and storage of the home or vehicle	622
pursuant to division (B)(2) of this section and all costs incurred	623
by the sheriff, police officer, constable, or bailiff up to and	624
including the date of the removal of the home or vehicle;	625

(b) All outstanding tax liens on the home or vehicle;

626

(c) Unless the owner is indigent, all unpaid court costs	627
assessed against the defendant in the underlying action.	628

Sec. 3733.01.  As used in this chapter:

629

(A) "Manufactured home park" means any tract of land upon	630
which three or more manufactured or mobile homes used for	631
habitation are parked, either free of charge or for revenue	632
purposes, and includes any roadway, building, structure, vehicle,	633
or enclosure used or intended for use as a part of the facilities	634
of the park. "Manufactured home park" does not include any of the	635
following:	636

(1) A tract of land used solely for the storage or display	637
for sale of manufactured or mobile homes or solely as a temporary	638
park-camp;	639

(2) A tract of land that is subdivided and the individual	640
lots are for sale or sold for the purpose of installation of	641
manufactured or mobile homes used for habitation and the roadways	642
are dedicated to the local government authority;	643

(3) A tract of land within an area that is subject to local	644
zoning authority and subdivision requirements and is subdivided,	645
and the individual lots are for sale or sold for the purpose of	646
installation of manufactured or mobile homes for habitation.	647

(B) "Recreational vehicle park" means any tract of land used	648
for parking five or more self-contained recreational vehicles and	649
includes any roadway, building, structure, vehicle, or enclosure	650
used or intended for use as part of the park facilities and any	651
tract of land that is subdivided for lease or other contract of	652
the individual lots for the express or implied purpose of placing	653
self-contained recreational vehicles for recreation, vacation, or	654
business purposes.	655

"Recreational vehicle park" does not include any tract of	656
land used solely for the storage or display for sale of	657
self-contained recreational vehicles or solely as a temporary	658
park-camp.	659

(C) "Portable camping units" means dependent recreational	660
vehicles, tents, portable sleeping equipment, and similar camping	661
equipment used for travel, recreation, vacation, or business	662
purposes.	663

(D) "Manufactured home" has the meaning set forth in	664
division (C)(4) of section 3781.06 of the Revised Code, and	665
"mobile home" and "recreational vehicle" have the meanings set	666
forth in section 4501.01 of the Revised Code.	667

(E) "Self-contained recreational vehicle" means a	668
recreational vehicle that can operate independent of connections	669
to sewer and water and has plumbing fixtures or appliances all of	670
which are connected to sewage holding tanks located within the	671
vehicle.	672

(F) "Dependent recreational vehicle" means a recreational	673
vehicle other than a self-contained recreational vehicle.	674

(G) "Recreation camp" means any tract of land upon which	675
five or more portable camping units are placed and includes any	676
roadway, building, structure, vehicle, or enclosure used or	677
intended for use as a part of the facilities of the camp. A tract	678
of land that is subdivided for lease or other contract of the	679
individual lots is a recreation camp if five or more portable	680
camping units are placed on it for recreation, vacation, or	681
business purposes.	682

"Recreation camp" does not include any tract of land used	683
solely for the storage or display for sale of dependent	684
recreational vehicles or solely as a temporary park-camp.	685

(H) "Combined park-camp" means any tract of land upon which	686
a combination of five or more self-contained recreational vehicles	687
or portable camping units are placed and includes any roadway,	688
building, structure, vehicle, or enclosure used or intended for	689
use as part of the park facilities. A tract of land that is	690
subdivided for lease or other contract of the individual lots is a	691
combined park-camp if a combination of five or more recreational	692
vehicles or portable camping units are placed on it for	693
recreation, vacation, or business purposes.	694

"Combined park-camp" does not include any tract of land used	695
solely as a temporary park-camp.	696

(I) "Licensor" means either the board of health of a city or	697
general health district, or the authority having the duties of a	698
board of health in any city as authorized by section 3709.05 of	699
the Revised Code, or the director of health, when required under	700
division (B) of section 3733.031 of the Revised Code. "Licensor"	701
also means an authorized representative of any of those entities	702
or of the director.	703

(J) "Tenant" means a person who is entitled under a rental	704
agreement with a manufactured home park operator to occupy a	705
manufactured home park lot and who does not own the home occupying	706
the lot.	707

(K) "Owner" means a person who is entitled under a rental	708
agreement with a manufactured home park operator to occupy a	709
manufactured home park lot and who owns the home occupying the	710
lot.	711

(L) "Resident" means a person entitled under a rental	712
agreement to the use and occupancy of residential premises to the	713
exclusion of others. It includes both tenants and owners.	714

(M) "Operator" means the person who has responsible charge	715
of a manufactured home park, recreational vehicle park, recreation	716
camp, combined park-camp, or temporary park-camp and who is	717
licensed under sections 3733.01 to 3733.08 of the Revised Code.	718

(N) "Park operator" means a manufactured home park operator.

719

(O) "Residential premises" means a lot located within a	720
manufactured home park and the grounds, areas, and facilities	721
contained within the manufactured home park for the use of	722
residents generally or the use of which is promised to a resident.	723

(P) "Rental agreement" means any agreement or lease, written	724
or oral, that establishes or modifies the terms, conditions,	725
rules, or any other provisions concerning the use and occupancy of	726
residential premises by one of the parties.	727

(Q) "Security deposit" means any deposit of money or	728
property to secure performance by the resident under a rental	729
agreement.	730

(R) "Temporary park-camp" means any tract of land used for a	731
period not to exceed a total of twenty-one days per calendar year	732
for the purpose of parking five or more recreational vehicles,	733
dependent recreational vehicles, or portable camping units, or any	734
combination thereof, for one or more periods of time that do not	735
exceed seven consecutive days or parts thereof.	736

(S) "Development" means any artificial change to improved or	737
unimproved real estate, including, without limitation, buildings	738
or structures, dredging, filling, grading, paving, excavation or	739
drilling operations, or storage of equipment or materials, and the	740
construction, expansion, or substantial alteration of a	741
manufactured home park, recreational vehicle park, recreation	742
camp, or combined park-camp, for which plan review is required	743
under division (A) of section 3733.021 of the Revised Code.	744
"Development" does not include the building, construction,	745
erection, or manufacture of any building to which section 3781.06	746
of the Revised Code is applicable.	747

(T) "Flood" or "flooding" means either of the following:

748

(1) A general and temporary condition of partial or complete	749
inundation of normally dry land areas from any of the following:	750

(a) The overflow of inland or tidal waters;

751

(b) The unusual and rapid accumulation or runoff of surface	752
waters from any source;	753

(c) Mudslides that are proximately caused by flooding as	754
defined in division (T)(1)(b) of this section and that are akin to	755
a river of liquid and flowing mud on the surface of normally dry	756
land areas, as when earth is carried by a current of water and	757
deposited along the path of the current.	758

(2) The collapse or subsidence of land along the shore of a	759
lake or other body of water as a result of erosion or undermining	760
that is caused by waves or currents of water exceeding anticipated	761
cyclical levels or that is suddenly caused by an unusually high	762
water level in a natural body of water, and that is accompanied by	763
a severe storm, by an unanticipated force of nature, such as a	764
flash flood, by an abnormal tidal surge, or by some similarly	765
unusual and unforeseeable event, that results in flooding as	766
defined in division (T)(1)(a) of this section.	767

(U) "Flood plain" means the area adjoining any river,	768
stream, watercourse, or lake that has been or may be covered by	769
flood water.	770

(V) "One-hundred-year flood" means a flood having a one per	771
cent chance of being equaled or exceeded in any given year.	772

(W) "One-hundred-year flood plain" means that portion of a	773
flood plain inundated by a one-hundred-year flood.	774

(X) "Person" has the same meaning as in section 1.59 of the	775
Revised Code and also includes this state, any political	776
subdivision of this state, and any other state or local body of	777
this state.	778

(Y) "Substantial damage" means damage of any origin	779
sustained by a manufactured or mobile home that is situated in a	780
manufactured home park located in a flood plain when the cost of	781
restoring the home to its condition before the damage occurred	782
will equal or exceed fifty per cent of the market value of the	783
home before the damage occurred.	784

(Z) "Substantially alter" means a change in the layout or	785
design of a manufactured home park, recreational vehicle park,	786
recreation camp, combined park-camp, or temporary park-camp,	787
including, without limitation, the movement of utilities or	788
changes in established streets, lots, or sites or in other	789
facilities. In the case of manufactured home parks located within	790
a one-hundred-year flood plain, "substantially alter" also	791
includes changes in elevation resulting from the addition of fill,	792
grading, or excavation that may affect flood plain management.	793

(AA) "Tract" means a contiguous area of land that consists	794
of one or more parcels, lots, or sites that have been separately	795
surveyed regardless of whether the individual parcels, lots, or	796
sites have been recorded and regardless of whether the one or more	797
parcels, lots, or sites are under common or different ownership.	798

(BB) "Director of health" means the director of health or	799
the director's authorized representative.	800

(CC) "Camp operator" means the operator of a recreational	801
vehicle park, recreation camp, combined park-camp, or temporary	802
park-camp.	803

(DD) "Campsite user" means a person who enters into a	804
campsite use agreement with a camp operator for the use of a	805
campsite at a recreational vehicle park, recreation camp, combined	806
park-camp, or temporary park-camp.	807

Sec. 3733.081. Every campsite use agreement entered into	808
between a camp operator and a campsite user shall be in writing,	809
shall contain the name, address, and phone number of the campsite	810
user, and shall designate the campsite that is the subject of the	811
agreement. The campsite use agreement also shall contain a	812
description of the procedure for removing property from the	813
campsite if the campsite user fails to remove all property from	814
the campsite as required by section 3733.082 of the Revised Code.	815

Sec. 3733.082. (A) A campsite user who enters into a campsite	816
use agreement with a camp operator for the use of a campsite at a	817
recreational vehicle park, recreation camp, combined park-camp, or	818
temporary park-camp, at the expiration of the campsite use period	819
under the agreement, shall remove from the campsite all of the	820
campsite user's property and all property any other person placed	821
on the campsite with the permission of the campsite user. If the	822
campsite user fails to remove all of that property from the	823
campsite within the five-consecutive-day period after the	824
expiration of that campsite use period, all of the following	825
apply:	826

(1) The camp operator shall perform an inventory of the	827
property that the campsite user did not remove from the campsite.	828

(2) The camp operator may send a letter to the campsite user	829
informing the campsite user that the campsite user has abandoned	830
the property on the campsite in violation of the campsite use	831
agreement and that the camp operator will commence an action for	832
the seizure of the property if the campsite user does not remove	833
the property from the campsite within ten days after the date on	834
which the letter is mailed.	835

(3) If the campsite user does not remove the property from	836
the campsite within ten days after the date on which the letter	837
described in division (A)(2) of this section is mailed, the camp	838
operator may file an action for the seizure of the property that	839
remains on the campsite in the municipal court or county court	840
that has territorial jurisdiction over the park or camp. The	841
complaint shall contain all of the following:	842

(a) The name, address, and phone number of the campsite user	843
that is in the campsite use agreement;	844

(b) A description of the property that the campsite user has	845
not removed from the campsite;	846

(c) A demand that all of the property listed in the	847
complaint be removed from the campsite within seven days after	848
service of the complaint upon the campsite user;	849

(d) A description of the procedure that will be followed if	850
the campsite user does not remove the listed property within the	851
seven-day period;	852

(e) A statement that the campsite user shall pay to the	853
clerk of the court the amount of the filing fees charged for the	854
filing of the complaint, that the campsite user shall pay those	855
fees prior to the campsite user's removal of the listed property	856
from the campsite, and that if the campsite user fails to pay the	857
amount of the filing fees the property may be sold to pay the	858
filing fees.	859

(4) When the camp operator files an action under division	860
(A)(3) of this section, the clerk of the court shall issue a	861
summons and a copy of the complaint pursuant to the Rules of Civil	862
Procedure to the campsite user at the address provided in the	863
campsite use agreement.	864

(5) If the campsite user does not file an answer to the	865
complaint filed under division (A)(3) of this section and remove	866
all of the property listed in the complaint within seven days	867
after service of the complaint upon the campsite user, the court	868
shall do either of the following:	869

(a) Issue an order authorizing the sheriff, another peace	870
officer, or a bailiff to remove the property from the campsite and	871
place it in storage;	872

(b) Authorize the camp operator to seize the property and	873
cause the issuance to the camp operator of a new certificate of	874
title for the property if the property is a titled vehicle.	875

(6) Upon the removal and storage of the property, the	876
sheriff, peace officer, bailiff, or camp operator shall conduct	877
or cause to be conducted a search of the appropriate public	878
records that relate to the property and shall make or cause to be	879
made reasonably diligent inquiries for the purpose of identifying	880
persons who have any right, title, or interest in any of the	881
property. Then, the sheriff, peace officer, bailiff, or camp	882
operator may commence proceedings for the sale of the property.	883
The sheriff, peace officer, bailiff, or camp operator shall send	884
by certified mail, return receipt requested, a written notice of	885
the date, time, and place of the sale to each person who, because	886
of the conduct of the search, the making of inquiries, or	887
otherwise, the sheriff, peace officer, bailiff, or camp operator	888
believes has any right, title, or interest in the property. The	889
sheriff, peace officer, bailiff, or camp operator shall send the	890
notice to the last known address of each of those persons.	891

(7) If the sheriff, peace officer, bailiff, or camp operator	892
sells the property, the sheriff, peace officer, bailiff, or camp	893
operator shall dispose of the proceeds of the sale in the	894
following order:	895

(a) The sheriff, peace officer, bailiff, or camp operator	896
shall first pay the costs for any moving or any storage of the	897
property, the costs of the sale, and any unpaid court costs	898
assessed against the campsite user in the underlying action.	899

(b) Following the payment required by division (A)(7)(a) of	900
this section, the sheriff, peace officer, bailiff, or camp	901
operator shall pay all other outstanding security interests,	902
liens, or encumbrances on the property by priority of filing or	903
other priority.	904

(c) After complying with divisions (A)(7)(a) and (b) of this	905
section, the sheriff, peace officer, bailiff, or camp operator	906
shall transfer any remaining money to the owner of the property.	907

(8) If the sheriff, peace officer, bailiff, or camp operator	908
does not conduct a sale of the property, the sheriff, peace	909
officer, bailiff, or camp operator shall dispose of the property	910
in the following manner:	911

(a) If the property is a motor vehicle or recreational	912
vehicle, in accordance with the procedure in section 4513.61 or	913
4513.63 of the Revised Code;	914

(b) If the property is personal property, in accordance with	915
the procedure in section 2933.41 of the Revised Code.	916

(B) Upon collection from the campsite user, the municipal	917
court or county court shall reimburse the filing fees to the camp	918
operator.	919

Sec. 3733.091.  (A) Notwithstanding section 3733.09 of the	920
Revised Code, a park operator may bring an action under Chapter	921
1923. of the Revised Code for possession of the premises if any of	922
the following applies:	923

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

924

(2) The violation of the applicable building, housing,	925
health, or safety code that the resident complained of was	926
primarily caused by any act or lack of reasonable care by the	927
resident, or by any other person in the resident's household, or	928
by anyone on the premises with the consent of the resident;.	929

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

930

(4) The resident is in violation of rules of the public	931
health council adopted pursuant to section 3733.02 of the Revised	932
Code or rules of the manufactured home park adopted pursuant to	933
the rules of the public health council.	934

(5) The resident has been absent from the manufactured home	935
park for a period of thirty consecutive days prior to the	936
commencement of the action, and the resident's manufactured home,	937
mobile home, or recreational vehicle parked in the manufactured	938
home park has been left unoccupied for that thirty-day period,	939
without notice to the park operator and without payment of rent	940
due under the rental agreement.	941

(B) The maintenance of an action by the park operator under	942
this section does not prevent the resident from recovering damages	943
for any violation by the park operator of the rental agreement or	944
of section 3733.10 of the Revised Code.	945

Sec. 4503.061.  (A) All manufactured and mobile homes shall	946
be listed on either the real property tax list or the manufactured	947
home tax list of the county in which the home has situs. Each	948
owner shall follow the procedures in this section to identify the	949
home to the county auditor of the county containing the taxing	950
district in which the home has situs so that the auditor may place	951
the home on the appropriate tax list.	952

(B) When a manufactured or mobile home first acquires situs	953
in this state and is subject to real property taxation pursuant to	954
division (B)(1) or (2) of section 4503.06 of the Revised Code, the	955
owner shall present to the auditor of the county containing the	956
taxing district in which the home has its situs the certificate of	957
title for the home, together with proof that all taxes due have	958
been paid and proof that a relocation notice was obtained for the	959
home if required under this section. Upon receiving the	960
certificate of title and the required proofs, the auditor shall	961
place the home on the real property tax list and proceed to treat	962
the home as other properties on that list. After the auditor has	963
placed the home on the tax list of real and public utility	964
property, the auditor shall deliver the certificate of title to	965
the clerk of the court of common pleas that issued it pursuant to	966
section 4505.11 of the Revised Code, and the clerk shall	967
inactivate the certificate of title.	968

(C)(1) When a manufactured or mobile home subject to a	969
manufactured home tax is relocated to or first acquires situs in	970
any county that has adopted a permanent manufactured home	971
registration system, as provided in division (F) of this section,	972
the owner, within thirty days after the home is relocated or first	973
acquires situs under section 4503.06 of the Revised Code, shall	974
register the home with the county auditor of the county containing	975
the taxing district in which the home has its situs. For the	976
first registration in each county of situs, the owner or vendee in	977
possession shall present to the county auditor an Ohio certificate	978
of title, certified copy of the certificate of title, or	979
memorandum certificate of title as such are required by law, and	980
proof, as required by the county auditor, that the home, if it has	981
previously been occupied and is being relocated, has been	982
previously registered, that all taxes due and required to be paid	983
under division (H)(1) of this section before a relocation notice	984
may be issued have been paid, and that a relocation notice was	985
obtained for the home if required by division (H) of this section.	986
If the owner or vendee does not possess the Ohio certificate of	987
title, certified copy of the certificate of title, or memorandum	988
certificate of title at the time the owner or vendee first	989
registers the home in a county, the county auditor shall register	990
the home without presentation of the document, but the owner or	991
vendee shall present the certificate of title, certified copy of	992
the certificate of title, or memorandum certificate of title to	993
the county auditor within fourteen days after the owner or vendee	994
obtains possession of the document.	995

(2) When a manufactured or mobile home is registered for the	996
first time in a county and when the total tax due has been paid as	997
required by division (F) of section 4503.06 of the Revised Code or	998
divisions (E) and (H) of this section, the county treasurer shall	999
note by writing or by a stamp on the certificate of title,	1000
certified copy of certificate of title, or memorandum certificate	1001
of title that the home has been registered and that the taxes due,	1002
if any, have been paid for the preceding five years and for the	1003
current year. The treasurer shall then issue a certificate	1004
evidencing registration and a decal to be displayed on the street	1005
side of the home. SuchThe certificate is valid in any county in	1006
this state during the year for which it is issued.	1007

(3) For each year thereafter, the county treasurer shall	1008
issue a tax bill stating the amount of tax due under section	1009
4503.06 of the Revised Code, as provided in division (D)(6) of	1010
that section. When the total tax due has been paid as required by	1011
division (F) of that section 4503.06 of the Revised Code, the	1012
county treasurer shall issue a certificate evidencing registration	1013
that shall be valid in any county in this state during the year	1014
for which the certificate is issued.	1015

(4) The permanent decal issued under this division is valid	1016
during the period of ownership, except that when a manufactured	1017
home is relocated in another county the owner shall apply for a	1018
new registration as required by this section and section 4503.06	1019
of the Revised Code.	1020

(D)(1) All owners of manufactured or mobile homes subject to	1021
the manufactured home tax being relocated to or having situs in a	1022
county that has not adopted a permanent registration system, as	1023
provided in division (F) of this section, shall register the home	1024
within thirty days after the home is relocated or first acquires	1025
situs under section 4503.06 of the Revised Code and thereafter	1026
shall annually register the home with the county auditor of the	1027
county containing the taxing district in which the home has its	1028
situs.	1029

(2) Upon the annual registration, the county treasurer	1030
shall issue a tax bill stating the amount of annual manufactured	1031
home tax due under section 4503.06 of the Revised Code, as	1032
provided in division (D)(6) of that section. When a manufactured	1033
or mobile home is registered and when the tax for the current	1034
one-half year has been paid as required by division (F) of that	1035
section 4503.06 of the Revised Code, the county treasurer shall	1036
issue a certificate evidencing registration and a decal. SuchThe	1037
certificate and decal are valid in any county in this state during	1038
the year for which they are issued. The decal shall be displayed	1039
on the street side of the home.	1040

(3) For the first annual registration in each county of	1041
situs, the county auditor shall require the owner or vendee to	1042
present an Ohio certificate of title, certified copy of the	1043
certificate of title, or memorandum certificate of title as such	1044
are required by law, and proof, as required by the county auditor,	1045
that the manufactured or mobile home has been previously	1046
registered, if such registration was required, that all taxes due	1047
and required to be paid under division (H)(1) of this section	1048
before a relocation notice may be issued have been paid, and that	1049
a relocation notice was obtained for the home if required by	1050
division (H) of this section. If the owner or vendee does not	1051
possess the Ohio certificate of title, certified copy of the	1052
certificate of title, or memorandum certificate of title at the	1053
time the owner or vendee first registers the home in a county, the	1054
county auditor shall register the home without presentation of the	1055
document, but the owner or vendee shall present the certificate of	1056
title, certified copy of the certificate of title, or memorandum	1057
certificate of title to the county auditor within fourteen days	1058
after the owner or vendee obtains possession of the document. When	1059
the county treasurer receives the tax payment, the county	1060
treasurer shall note by writing or by a stamp on the certificate	1061
of title, certified copy of the certificate of title, or	1062
memorandum certificate of title that the home has been registered	1063
for the current year and that the manufactured home taxes due, if	1064
any, have been paid for the preceding five years and for the	1065
current year.	1066

(4) For subsequent annual registrations, the auditor may	1067
require the owner or vendee in possession to present an Ohio	1068
certificate of title, certified copy of the certificate of title,	1069
or memorandum certificate of title to the county treasurer upon	1070
payment of the manufactured home tax that is due.	1071

(E)(1) Upon the application to transfer ownership of a	1072
manufactured or mobile home for which manufactured home taxes are	1073
paid pursuant to division (C) of section 4503.06 of the Revised	1074
Code, the clerk of the court of common pleas shall not issue any	1075
certificate of title that does not contain or have attached both	1076
of the following:	1077

(a) An endorsement of the county treasurer stating that the	1078
home has been registered for each year of ownership and that all	1079
manufactured home taxes imposed pursuant to section 4503.06 of the	1080
Revised Code have been paid or that no tax is due;	1081

(b) An endorsement of the county auditor that the	1082
manufactured home transfer tax imposed pursuant to section 322.06	1083
of the Revised Code and any fees imposed under division (F) of	1084
section 319.54 of the Revised Code have been paid.	1085

(2) If all the taxes have not been paid, the clerk shall	1086
notify the vendee to contact the county treasurer of the county	1087
containing the taxing district in which the home has its situs at	1088
the time of the proposed transfer. The county treasurer shall	1089
then collect all the taxes that are due for the year of the	1090
transfer and all previous years not exceeding a total of five	1091
years. The county treasurer shall distribute that part of the	1092
collection owed to the county treasurer of other counties if the	1093
home had its situs in another county during a particular year when	1094
the unpaid tax became due and payable. The burden to prove the	1095
situs of the home in the years that the taxes were not paid is on	1096
the transferor of the home. Upon payment of suchthe taxes, the	1097
county auditor shall remove all remaining taxes from the	1098
manufactured home tax list and the delinquent manufactured home	1099
tax list, and the county treasurer shall release all liens for	1100
such taxes. The clerk of courts shall issue a certificate of	1101
title, free and clear of all liens for manufactured home taxes, to	1102
the transferee of the home.	1103

(3) Once the transfer is complete and the certificate of	1104
title has been issued, the transferee shall register the	1105
manufactured or mobile home pursuant to division (C) or (D) of	1106
this section with the county auditor of the county containing the	1107
taxing district in which the home remains after the transfer or,	1108
if the home is relocated to another county, with the county	1109
auditor of the county to which the home is relocated. The	1110
transferee need not pay the annual tax for the year of acquisition	1111
if the original owner has already paid the annual tax for that	1112
year.	1113

(F) The county auditor may adopt a permanent registration	1114
system and issue a permanent decal with the first registration as	1115
prescribed by the tax commissioner.	1116

(G) When any manufactured or mobile home required to be	1117
registered by this section is not registered, the county auditor	1118
shall impose a penalty of one hundred dollars upon the owner and	1119
deposit the amount to the credit of the county real estate	1120
assessment fund to be used to pay the costs of administering this	1121
section and section 4503.06 of the Revised Code. If unpaid, the	1122
penalty shall constitute a lien on the home and shall be added by	1123
the county auditor to the manufactured home tax list for	1124
collection.	1125

(H)(1) BeforeExcept as otherwise provided in this division,	1126
before moving a manufactured or mobile home on public roads from	1127
one address within this state to another address within or	1128
outside this state, the owner of the home shall obtain a	1129
relocation notice, as provided by this section, from the auditor	1130
of the county in which the home is located if the home is	1131
currently subject to taxation pursuant to section 4503.06 of the	1132
Revised Code. The auditor shall charge five dollars for the	1133
notice, and deposit the amount to the credit of the county real	1134
estate assessment fund to be used to pay the costs of	1135
administering this section and section 4503.06 of the Revised	1136
Code. The auditor shall not issue a relocation notice unless all	1137
taxes owed on the home under section 4503.06 of the Revised Code	1138
that were first charged to the home during the period of ownership	1139
of the owner seeking the relocation notice have been paid. If the	1140
home is being moved by a new owner of the home or by a party	1141
taking repossession of the home, the auditor shall not issue a	1142
relocation notice unless all of the taxes due for the preceding	1143
five years and for the current year have been paid. A relocation	1144
notice issued by a county auditor is valid until the last day of	1145
December of the year in which it was issued.	1146

If the home is being moved by a sheriff, police officer,	1147
constable, bailiff, or manufactured home park operator, as defined	1148
in section 3733.01 of the Revised Code, or any agent of any of	1149
these persons, for purposes of removal from a manufactured home	1150
park and storage, sale, or destruction under section 1923.14 of	1151
the Revised Code, the auditor shall issue a relocation notice	1152
without requiring payment of any taxes owed on the home under	1153
section 4503.06 of the Revised Code.	1154

(2) If a manufactured or mobile home is not yet subject to	1155
taxation under section 4503.06 of the Revised Code, the owner of	1156
the home shall obtain a relocation notice from the dealer of the	1157
home. Within thirty days after the manufactured or mobile home is	1158
purchased, the dealer of the home shall provide the auditor of the	1159
county in which the home is to be located written notice of the	1160
name of the purchaser of the home, the registration number or	1161
vehicle identification number of the home, and the address or	1162
location to which the home is to be moved. The county auditor	1163
shall provide to each manufactured and mobile home dealer, without	1164
charge, a supply of relocation notices to be distributed to	1165
purchasers pursuant to this section.	1166

(3) The notice shall be in the form of a one-foot square	1167
yellow sign with the words "manufactured home relocation notice"	1168
printed prominently on it. The name of the owner of the home, the	1169
home's registration number or vehicle identification number, the	1170
county and the address or location to which the home is being	1171
moved, and the county in which the notice is issued shall also be	1172
entered on the notice.	1173

(4) The relocation notice must be attached to the rear of	1174
the home when the home is being moved on a public road. Except as	1175
provided in divisiondivisions (H)(1) and (5) of this section, no	1176
person shall drive a motor vehicle moving a manufactured or mobile	1177
home on a public road from one address to another address within	1178
this state unless a relocation notice is attached to the rear of	1179
the home.	1180

(5) If the county auditor determines that a manufactured or	1181
mobile home has been moved without a relocation notice as required	1182
under this division, the auditor shall impose a penalty of one	1183
hundred dollars upon the owner of the home and upon the person who	1184
moved the home and deposit the amount to the credit of the county	1185
real estate assessment fund to pay the costs of administering this	1186
section and section 4503.06 of the Revised Code. If the home was	1187
relocated from one county in this state to another county in this	1188
state and the county auditor of the county to which the home was	1189
relocated imposes the penalty, that county auditor, upon	1190
collection thereofof the penalty, shall cause an amount equal to	1191
the penalty to be transmitted from the county real estate	1192
assessment fund to the county auditor of the county from which the	1193
home was relocated, who shall deposit the amount to the credit of	1194
the county real estate assessment fund. If the penalty on the	1195
owner is unpaid, the penalty shall constitute a lien on the home,	1196
and the auditor shall add the penalty to the manufactured home tax	1197
list for collection. If the county auditor determines that a	1198
dealer that has sold a manufactured or mobile home has failed to	1199
timely provide the information required under this division, the	1200
auditor shall impose a penalty upon the dealer in the amount of	1201
one hundred dollars. The penalty shall be credited to the county	1202
real estate assessment fund and used to pay the costs of	1203
administering this section and section 4503.06 of the Revised	1204
Code.	1205

Sec. 4503.062. (A) Every operator of a manufactured home	1206
court, or manufactured home park, as defined in section 3733.01 of	1207
the Revised Code, or when there is no operator, every owner of	1208
property used for such purposes on which three or more	1209
manufactured or mobile homes are located, shall keep a register of	1210
all manufactured and mobile homes that make use of the court,	1211
park, or property. The register shall contain all of the	1212
following:	1213

(A)(1) The name of the owner and all inhabitants of each	1214
home;	1215

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

1216

(C)(3) The permanent and temporary post office addresses of	1217
all inhabitants of each home;	1218

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

1219

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

1220

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

1221

(7) The make and model of each home, if known and if either	1222
of the following applies:	1223

(a) The home enters the court, park, or property on or after	1224
January 1, 2003.	1225

(b) Ownership of the home in the court or park, or on the	1226
property, is transferred on or after January 1, 2003.	1227

(B) The register shall be open to inspection by the county	1228
auditor, the county treasurer, agents of the auditor or treasurer,	1229
and all law enforcement agencies at all times.	1230

(C) Any person who fails to comply with this section shall be	1231
fined not less than twenty-five nor more than one hundred dollars.	1232

Sec. 4513.01. NotwithstandingAs provided in section 4511.01	1233
of the Revised Code "motor vehicle" includes manufactured homes	1234
and mobile homes for the purposes of sections 4513.60 to 4513.65	1235
of the Revised Code, the definitions set forth in that section	1236
apply to this chapter.	1237

Sec. 5321.01.  As used in this chapter:

1238

(A) "Tenant" means a person entitled under a rental	1239
agreement to the use and occupancy of residential premises to the	1240
exclusion of others.	1241

(B) "Landlord" means the owner, lessor, or sublessor of	1242
residential premises, the agent of the owner, lessor, or	1243
sublessor, or any person authorized by the owner, lessor, or	1244
sublessor to manage the premises or to receive rent from a tenant	1245
under a rental agreement.	1246

(C) "Residential premises" means a dwelling unit for	1247
residential use and occupancy and the structure of which it is a	1248
part, the facilities and appurtenances in it, and the grounds,	1249
areas, and facilities for the use of tenants generally or the use	1250
of which is promised the tenant. "Residential premises" includes	1251
a dwelling unit that is owned or operated by a college or	1252
university. "Residential premises" does not include any of the	1253
following:	1254

(1) Prisons, jails, workhouses, and other places of	1255
incarceration or correction, including, but not limited to,	1256
halfway houses or residential arrangements which are used or	1257
occupied as a requirement of probation or parole;	1258

(2) Hospitals and similar institutions with the primary	1259
purpose of providing medical services, and homes licensed pursuant	1260
to Chapter 3721. of the Revised Code;	1261

(3) Tourist homes, hotels, motels, recreational vehicle	1262
parks, recreation camps, combined park-camps, temporary	1263
park-camps, and other similar facilities where circumstances	1264
indicate a transient occupancy;	1265

(4) Elementary and secondary boarding schools, where the	1266
cost of room and board is included as part of the cost of tuition;	1267

(5) Orphanages and similar institutions;

1268

(6) Farm residences furnished in connection with the rental	1269
of land of a minimum of two acres for production of agricultural	1270
products by one or more of the occupants;	1271

(7) Dwelling units subject to sections 3733.41 to 3733.49 of	1272
the Revised Code;	1273

(8) Occupancy by an owner of a condominium unit;

1274

(9) Occupancy in a facility licensed as an SRO facility	1275
pursuant to Chapter 3731. of the Revised Code, if the facility is	1276
owned or operated by an organization that is exempt from taxation	1277
under section 501(c)(3) of the "Internal Revenue Code of 1986,"	1278
100 Stat. 2085, 26 U.S.C.A. 501, as amended, or by an entity or	1279
group of entities in which such an organization has a controlling	1280
interest, and if either of the following applies:	1281

(a) The occupancy is for a period of less than sixty days;

1282

(b) The occupancy is for participation in a program operated	1283
by the facility, or by a public entity or private charitable	1284
organization pursuant to a contract with the facility, to provide	1285
either of the following:	1286

(i) Services licensed, certified, registered, or approved by	1287
a governmental agency or private accrediting organization for the	1288
rehabilitation of mentally ill persons, developmentally disabled	1289
persons, adults or juveniles convicted of criminal offenses, or	1290
persons suffering from substance abuse;	1291

(ii) Shelter for juvenile runaways, victims of domestic	1292
violence, or homeless persons.	1293

(10) Emergency shelters operated by organizations exempt	1294
from federal income taxation under section 501(c)(3) of the	1295
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501,	1296
as amended, for persons whose circumstances indicate a transient	1297
occupancy, including homeless people, victims of domestic	1298
violence, and juvenile runaways.	1299

(D) "Rental agreement" means any agreement or lease, written	1300
or oral, which establishes or modifies the terms, conditions,	1301
rules, or any other provisions concerning the use and occupancy of	1302
residential premises by one of the parties.	1303

(E) "Security deposit" means any deposit of money or	1304
property to secure performance by the tenant under a rental	1305
agreement.	1306

(F) "Dwelling unit" means a structure or the part of a	1307
structure that is used as a home, residence, or sleeping place by	1308
one person who maintains a household or by two or more persons who	1309
maintain a common household.	1310

(G) "Controlled substance" has the same meaning as in	1311
section 3719.01 of the Revised Code.	1312

(H) "Student tenant" means a person who occupies a dwelling	1313
unit owned or operated by the college or university at which the	1314
person is a student, and who has a rental agreement that is	1315
contingent upon the person's status as a student.	1316

(I) "Recreational vehicle park," "recreation camp," "combined	1317
park-camp," and "temporary park-camp" have the same meanings as in	1318
section 3733.01 of the Revised Code.	1319

Section 2. That existing sections 1923.01, 1923.02, 1923.09,	1320
1923.11, 1923.13, 1923.14, 3733.01, 3733.091, 4503.061, 4503.062,	1321
4513.01, and 5321.01 of the Revised Code are hereby repealed.	1322

Section 3. That the version of section 4503.061 of the	1323
Revised Code that is scheduled to take effect January 1, 2004, be	1324
amended to read as follows:	1325

Sec. 4503.061.  (A) All manufactured and mobile homes shall	1326
be listed on either the real property tax list or the manufactured	1327
home tax list of the county in which the home has situs. Each	1328
owner shall follow the procedures in this section to identify the	1329
home to the county auditor of the county containing the taxing	1330
district in which the home has situs so that the auditor may place	1331
the home on the appropriate tax list.	1332

(B) When a manufactured or mobile home first acquires situs	1333
in this state and is subject to real property taxation pursuant to	1334
division (B)(1) or (2) of section 4503.06 of the Revised Code, the	1335
owner shall present to the auditor of the county containing the	1336
taxing district in which the home has its situs the certificate of	1337
title for the home, together with proof that all taxes due have	1338
been paid and proof that a relocation notice was obtained for the	1339
home if required under this section. Upon receiving the	1340
certificate of title and the required proofs, the auditor shall	1341
place the home on the real property tax list and proceed to treat	1342
the home as other properties on that list. After the auditor has	1343
placed the home on the tax list of real and public utility	1344
property, the auditor shall deliver the certificate of title to	1345
the clerk of the court of common pleas that issued it pursuant to	1346
section 4505.11 of the Revised Code, and the clerk shall	1347
inactivate the certificate of title.	1348

(C)(1) When a manufactured or mobile home subject to a	1349
manufactured home tax is relocated to or first acquires situs in	1350
any county that has adopted a permanent manufactured home	1351
registration system, as provided in division (F) of this section,	1352
the owner, within thirty days after the home is relocated or first	1353
acquires situs under section 4503.06 of the Revised Code, shall	1354
register the home with the county auditor of the county containing	1355
the taxing district in which the home has its situs. For the	1356
first registration in each county of situs, the owner or vendee in	1357
possession shall present to the county auditor an Ohio certificate	1358
of title, certified copy of the certificate of title, or	1359
memorandum certificate of title as such are required by law, and	1360
proof, as required by the county auditor, that the home, if it has	1361
previously been occupied and is being relocated, has been	1362
previously registered, that all taxes due and required to be paid	1363
under division (H)(1) of this section before a relocation notice	1364
may be issued have been paid, and that a relocation notice was	1365
obtained for the home if required by division (H) of this section.	1366
If the owner or vendee does not possess the Ohio certificate of	1367
title, certified copy of the certificate of title, or memorandum	1368
certificate of title at the time the owner or vendee first	1369
registers the home in a county, the county auditor shall register	1370
the home without presentation of the document, but the owner or	1371
vendee shall present the certificate of title, certified copy of	1372
the certificate of title, or memorandum certificate of title to	1373
the county auditor within fourteen days after the owner or vendee	1374
obtains possession of the document.	1375

(2) When a manufactured or mobile home is registered for the	1376
first time in a county and when the total tax due has been paid as	1377
required by division (F) of section 4503.06 of the Revised Code or	1378
divisions (E) and (H) of this section, the county treasurer shall	1379
note by writing or by a stamp on the certificate of title,	1380
certified copy of certificate of title, or memorandum certificate	1381
of title that the home has been registered and that the taxes due,	1382
if any, have been paid for the preceding five years and for the	1383
current year. The treasurer shall then issue a certificate	1384
evidencing registration and a decal to be displayed on the street	1385
side of the home. SuchThe certificate is valid in any county in	1386
this state during the year for which it is issued.	1387

(3) For each year thereafter, the county treasurer shall	1388
issue a tax bill stating the amount of tax due under section	1389
4503.06 of the Revised Code, as provided in division (D)(6) of	1390
that section. When the total tax due has been paid as required by	1391
division (F) of that section 4503.06 of the Revised Code, the	1392
county treasurer shall issue a certificate evidencing registration	1393
that shall be valid in any county in this state during the year	1394
for which the certificate is issued.	1395

(4) The permanent decal issued under this division is valid	1396
during the period of ownership, except that when a manufactured	1397
home is relocated in another county the owner shall apply for a	1398
new registration as required by this section and section 4503.06	1399
of the Revised Code.	1400

(D)(1) All owners of manufactured or mobile homes subject to	1401
the manufactured home tax being relocated to or having situs in a	1402
county that has not adopted a permanent registration system, as	1403
provided in division (F) of this section, shall register the home	1404
within thirty days after the home is relocated or first acquires	1405
situs under section 4503.06 of the Revised Code and thereafter	1406
shall annually register the home with the county auditor of the	1407
county containing the taxing district in which the home has its	1408
situs.	1409

(2) Upon the annual registration, the county treasurer	1410
shall issue a tax bill stating the amount of annual manufactured	1411
home tax due under section 4503.06 of the Revised Code, as	1412
provided in division (D)(6) of that section. When a manufactured	1413
or mobile home is registered and when the tax for the current	1414
one-half year has been paid as required by division (F) of that	1415
section 4503.06 of the Revised Code, the county treasurer shall	1416
issue a certificate evidencing registration and a decal. SuchThe	1417
certificate and decal are valid in any county in this state during	1418
the year for which they are issued. The decal shall be displayed	1419
on the street side of the home.	1420

(3) For the first annual registration in each county of	1421
situs, the county auditor shall require the owner or vendee to	1422
present an Ohio certificate of title, certified copy of the	1423
certificate of title, or memorandum certificate of title as such	1424
are required by law, and proof, as required by the county auditor,	1425
that the manufactured or mobile home has been previously	1426
registered, if such registration was required, that all taxes due	1427
and required to be paid under division (H)(1) of this section	1428
before a relocation notice may be issued have been paid, and that	1429
a relocation notice was obtained for the home if required by	1430
division (H) of this section. If the owner or vendee does not	1431
possess the Ohio certificate of title, certified copy of the	1432
certificate of title, or memorandum certificate of title at the	1433
time the owner or vendee first registers the home in a county, the	1434
county auditor shall register the home without presentation of the	1435
document, but the owner or vendee shall present the certificate of	1436
title, certified copy of the certificate of title, or memorandum	1437
certificate of title to the county auditor within fourteen days	1438
after the owner or vendee obtains possession of the document. When	1439
the county treasurer receives the tax payment, the county	1440
treasurer shall note by writing or by a stamp on the certificate	1441
of title, certified copy of the certificate of title, or	1442
memorandum certificate of title that the home has been registered	1443
for the current year and that the manufactured home taxes due, if	1444
any, have been paid for the preceding five years and for the	1445
current year.	1446

(4) For subsequent annual registrations, the auditor may	1447
require the owner or vendee in possession to present an Ohio	1448
certificate of title, certified copy of the certificate of title,	1449
or memorandum certificate of title to the county treasurer upon	1450
payment of the manufactured home tax that is due.	1451

(E)(1) Upon the application to transfer ownership of a	1452
manufactured or mobile home for which manufactured home taxes are	1453
paid pursuant to division (C) of section 4503.06 of the Revised	1454
Code the clerk of the court of common pleas shall not issue any	1455
certificate of title that does not contain or have attached both	1456
of the following:	1457

(a) An endorsement of the county treasurer stating that the	1458
home has been registered for each year of ownership and that all	1459
manufactured home taxes imposed pursuant to section 4503.06 of the	1460
Revised Code have been paid or that no tax is due;	1461

(b) An endorsement of the county auditor that the	1462
manufactured home transfer tax imposed pursuant to section 322.06	1463
of the Revised Code and any fees imposed under division (F) of	1464
section 319.54 of the Revised Code have been paid.	1465

(2) If all the taxes have not been paid, the clerk shall	1466
notify the vendee to contact the county treasurer of the county	1467
containing the taxing district in which the home has its situs at	1468
the time of the proposed transfer. The county treasurer shall	1469
then collect all the taxes that are due for the year of the	1470
transfer and all previous years not exceeding a total of five	1471
years. The county treasurer shall distribute that part of the	1472
collection owed to the county treasurer of other counties if the	1473
home had its situs in another county during a particular year when	1474
the unpaid tax became due and payable. The burden to prove the	1475
situs of the home in the years that the taxes were not paid is on	1476
the transferor of the home. Upon payment of suchthe taxes, the	1477
county auditor shall remove all remaining taxes from the	1478
manufactured home tax list and the delinquent manufactured home	1479
tax list, and the county treasurer shall release all liens for	1480
such taxes. The clerk of courts shall issue a certificate of	1481
title, free and clear of all liens for manufactured home taxes, to	1482
the transferee of the home.	1483

(3) Once the transfer is complete and the certificate of	1484
title has been issued, the transferee shall register the	1485
manufactured or mobile home pursuant to division (C) or (D) of	1486
this section with the county auditor of the county containing the	1487
taxing district in which the home remains after the transfer or,	1488
if the home is relocated to another county, with the county	1489
auditor of the county to which the home is relocated. The	1490
transferee need not pay the annual tax for the year of acquisition	1491
if the original owner has already paid the annual tax for that	1492
year.	1493

(F) The county auditor may adopt a permanent registration	1494
system and issue a permanent decal with the first registration as	1495
prescribed by the tax commissioner.	1496

(G) When any manufactured or mobile home required to be	1497
registered by this section is not registered, the county auditor	1498
shall impose a penalty of one hundred dollars upon the owner and	1499
deposit the amount to the credit of the county real estate	1500
assessment fund to be used to pay the costs of administering this	1501
section and section 4503.06 of the Revised Code. If unpaid, the	1502
penalty shall constitute a lien on the home and shall be added by	1503
the county auditor to the manufactured home tax list for	1504
collection.	1505

(H)(1) BeforeExcept as otherwise provided in this division,	1506
before moving a manufactured or mobile home on public roads from	1507
one address within this state to another address within or	1508
outside this state, the owner of the home shall obtain a	1509
relocation notice, as provided by this section, from the auditor	1510
of the county in which the home is located if the home is	1511
currently subject to taxation pursuant to section 4503.06 of the	1512
Revised Code. The auditor shall charge five dollars for the	1513
notice, and deposit the amount to the credit of the county real	1514
estate assessment fund to be used to pay the costs of	1515
administering this section and section 4503.06 of the Revised	1516
Code. The auditor shall not issue a relocation notice unless all	1517
taxes owed on the home under section 4503.06 of the Revised Code	1518
that were first charged to the home during the period of ownership	1519
of the owner seeking the relocation notice have been paid. If the	1520
home is being moved by a new owner of the home or by a party	1521
taking repossession of the home, the auditor shall not issue a	1522
relocation notice unless all of the taxes due for the preceding	1523
five years and for the current year have been paid. A relocation	1524
notice issued by a county auditor is valid until the last day of	1525
December of the year in which it was issued.	1526

If the home is being moved by a sheriff, police officer,	1527
constable, bailiff, or manufactured home park operator, as defined	1528
in section 3733.01 of the Revised Code, or any agent of any of	1529
these persons, for purposes of removal from a manufactured home	1530
park and storage, sale, or destruction under section 1923.14 of	1531
the Revised Code, the auditor shall issue a relocation notice	1532
without requiring payment of any taxes owed on the home under	1533
section 4503.06 of the Revised Code.	1534

(2) If a manufactured or mobile home is not yet subject to	1535
taxation under section 4503.06 of the Revised Code, the owner of	1536
the home shall obtain a relocation notice from the dealer of the	1537
home. Within thirty days after the manufactured or mobile home is	1538
purchased, the dealer of the home shall provide the auditor of the	1539
county in which the home is to be located written notice of the	1540
name of the purchaser of the home, the registration number or	1541
vehicle identification number of the home, and the address or	1542
location to which the home is to be moved. The county auditor	1543
shall provide to each manufactured and mobile home dealer, without	1544
charge, a supply of relocation notices to be distributed to	1545
purchasers pursuant to this section.	1546

(3) The notice shall be in the form of a one-foot square	1547
yellow sign with the words "manufactured home relocation notice"	1548
printed prominently on it. The name of the owner of the home, the	1549
home's registration number or vehicle identification number, the	1550
county and the address or location to which the home is being	1551
moved, and the county in which the notice is issued shall also be	1552
entered on the notice.	1553

(4) The relocation notice must be attached to the rear of	1554
the home when the home is being moved on a public road. Except as	1555
provided in divisiondivisions (H)(1) and (5) of this section, no	1556
person shall drive a motor vehicle moving a manufactured or mobile	1557
home on a public road from one address to another address within	1558
this state unless a relocation notice is attached to the rear of	1559
the home.	1560

(5) If the county auditor determines that a manufactured or	1561
mobile home has been moved without a relocation notice as required	1562
under this division, the auditor shall impose a penalty of one	1563
hundred dollars upon the owner of the home and upon the person who	1564
moved the home and deposit the amount to the credit of the county	1565
real estate assessment fund to pay the costs of administering this	1566
section and section 4503.06 of the Revised Code. If the home was	1567
relocated from one county in this state to another county in this	1568
state and the county auditor of the county to which the home was	1569
relocated imposes the penalty, that county auditor, upon	1570
collection thereofof the penalty, shall cause an amount equal to	1571
the penalty to be transmitted from the county real estate	1572
assessment fund to the county auditor of the county from which the	1573
home was relocated, who shall deposit the amount to the credit of	1574
the county real estate assessment fund. If the penalty on the	1575
owner is unpaid, the penalty shall constitute a lien on the home	1576
and the auditor shall add the penalty to the manufactured home tax	1577
list for collection. If the county auditor determines that a	1578
dealer that has sold a manufactured or mobile home has failed to	1579
timely provide the information required under this division, the	1580
auditor shall impose a penalty upon the dealer in the amount of	1581
one hundred dollars. The penalty shall be credited to the county	1582
real estate assessment fund and used to pay the costs of	1583
administering this section and section 4503.06 of the Revised	1584
Code.	1585

(I) Whoever violates division (H)(4) of this section is	1586
guilty of a minor misdemeanor.	1587

Section 4. That the existing version of section 4503.061 of	1588
the Revised Code that is scheduled to take effect January 1, 2004,	1589
is hereby repealed.	1590

Section 5. Sections 3 and 4 of this act take effect January	1591
1, 2004.	1592