REPRESENTATIVES Gibbs, Aslanides, Allen, Collier, McGregor, Faber, Taylor

To amend sections 1901.184, 1907.032, 1923.01,

1

3701.83, 3709.085, 3709.09, 3733.01, 3733.02,

2

3733.021, 3733.023, 3733.03, 3733.031, 3733.04,

3

3733.05, 3733.06, 3733.07, 3733.081, 4503.06,

4

5321.01, and 6111.46; to amend, for the purpose of

5

adopting new section numbers as indicated in

6

parentheses, sections 3733.023 (3729.04), 3733.081

7

(3729.12), and 3733.082 (3729.13); and to enact

8

sections 3729.01, 3729.02, 3729.03, 3729.05,

9

3729.06, 3729.07, 3729.08, 3729.09, 3729.10,

10

3729.11, and 3729.99 of the Revised Code to create

11

separate regulatory programs for mobile home parks

12

and recreational vehicle parks, recreation camps,

13

combined park-camps, and temporary park-camps.

14

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

Section 1. That sections 1901.184, 1907.032, 1923.01,	15
3701.83, 3709.085, 3709.09, 3733.01, 3733.02, 3733.021, 3733.023,	16
3733.03, 3733.031, 3733.04, 3733.05, 3733.06, 3733.07, 3733.081,	17
4503.06, 5321.01, and 6111.46 be amended, sections 3733.023	18
(3729.04), 3733.081 (3729.12), and 3733.082 (3729.13) be amended	19
for the purpose of adopting new section numbers as indicated in	20
parentheses, and sections 3729.01, 3729.02, 3729.03, 3729.05,	21
3729.06, 3729.07, 3729.08, 3729.09, 3729.10, 3729.11, and 3729.99	22
of the Revised Code be enacted to read as follows:	23

Sec. 1901.184. In addition to jurisdiction otherwise granted	24
by this chapter, a municipal court shall have jurisdiction in	25
actions filed under section 3733.0823729.13 of the Revised Code.	26

Sec. 1907.032. In addition to the jurisdiction authorized in	27
other sections of this chapter, a county court has original	28
jurisdiction in actions filed under section 3733.0823729.13 of	29
the Revised Code.	30

Sec. 1923.01.  (A) As provided in this chapter, any judge of	31
a county or municipal court or a court of common pleas, within the	32
judge's proper area of jurisdiction, may inquire about persons who	33
make unlawful and forcible entry into lands or tenements and	34
detain them, and about persons who make a lawful and peaceable	35
entry into lands or tenements and hold them unlawfully and by	36
force. If, upon the inquiry, it is found that an unlawful and	37
forcible entry has been made and the lands or tenements are	38
detained, or that, after a lawful entry, lands or tenements are	39
held unlawfully and by force, a judge shall cause the plaintiff in	40
an action under this chapter to have restitution of the lands or	41
tenements.	42

(B) An action shall be brought under this chapter within two	43
years after the cause of action accrues.	44

(C) As used in this chapter:

45

(1) "Tenant" means a person who is entitled under a rental	46
agreement to the use or occupancy of premises, other than premises	47
located in a manufactured home park, to the exclusion of others.	48

(2) "Landlord" means the owner, lessor, or sublessor of	49
premises, or the agent or person the landlord authorizes to manage	50
premises or to receive rent from a tenant under a rental	51
agreement, except, if required by the facts of the action to which	52
the term is applied, "landlord" means a park operator.	53

(3) "Park operator," "manufactured home," "mobile home,"	54
"manufactured home park," "recreational vehicle," and "resident"	55
have the same meanings as in section 3733.01 of the Revised Code.	56

(4) "Residential premises" has the same meaning as in section	57
5321.01 of the Revised Code, except, if required by the facts of	58
the action to which the term is applied, "residential premises"	59
has the same meaning as in section 3733.01 of the Revised Code.	60

(5) "Rental agreement" means any agreement or lease, written	61
or oral, that establishes or modifies the terms, conditions,	62
rules, or other provisions concerning the use or occupancy of	63
premises by one of the parties to the agreement or lease, except	64
that "rental agreement," as used in division (A)(13) of section	65
1923.02 of the Revised Code and where the context requires as used	66
in this chapter, means a rental agreement as defined in division	67
(D) of section 5322.01 of the Revised Code.	68

(6) "Controlled substance" has the same meaning as in section	69
3719.01 of the Revised Code.	70

(7) "School premises" has the same meaning as in section	71
2925.01 of the Revised Code.	72

(8) "Sexually oriented offense" and "child-victim oriented	73
offense" have the same meanings as in section 2950.01 of the	74
Revised Code.	75

(9) "Recreational vehicle" has the same meaning as in section	76
4501.01 of the Revised Code.	77

Sec. 3701.83.  (A) There is hereby created in the state	78
treasury the general operations fund. Moneys in the fund shall be	79
used for the purposes specified in sections 3701.04, 3701.344,	80
3702.20, 3710.15, 3711.021, 3717.45, 3721.02, 3722.04, 3729.07,	81
3733.04, 3733.25, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12,	82
3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09 of the	83
Revised Code.	84

(B) The alcohol testing program fund is hereby created in the	85
state treasury. The director of health shall use the fund to	86
administer and enforce the alcohol testing and permit program	87
authorized by section 3701.143 of the Revised Code.	88

The fund shall receive transfers from the liquor control fund	89
created under section 4301.12 of the Revised Code. All investment	90
earnings of the alcohol testing program fund shall be credited to	91
the fund.	92

Sec. 3709.085.  (A) The board of health of a city or general	93
health district may enter into a contract with any political	94
subdivision or other governmental agency to obtain or provide all	95
or part of any services, including, but not limited to,	96
enforcement services, for the purposes of Chapter 3704. of the	97
Revised Code, the rules adopted and orders made pursuant thereto,	98
or any other ordinances or rules for the prevention, control, and	99
abatement of air pollution.	100

(B)(1) As used in division (B)(2) of this section:

101

(a) "Semipublic disposal system" means a disposal system that	102
treats the sanitary sewage discharged from publicly or privately	103
owned buildings or places of assemblage, entertainment,	104
recreation, education, correction, hospitalization, housing, or	105
employment, but does not include a disposal system that treats	106
sewage in amounts of more than twenty-five thousand gallons per	107
day; a disposal system for the treatment of sewage that is exempt	108
from the requirements of section 6111.04 of the Revised Code	109
pursuant to division (F)(6) of that section; or a disposal system	110
for the treatment of industrial waste.	111

(b) Terms defined in section 6111.01 of the Revised Code have	112
the same meanings as in that section.	113

(2) The board of health of a city or general health district	114
may enter into a contract with the environmental protection agency	115
to conduct on behalf of the agency inspection or enforcement	116
services, for the purposes of Chapter 6111. of the Revised Code	117
and rules adopted thereunder, for the disposal or treatment of	118
sewage from semipublic disposal systems. The board of health of a	119
city or general health district may charge a fee established	120
pursuant to section 3709.09 of the Revised Code to be paid by the	121
owner or operator of a semipublic disposal system for inspections	122
conducted by the board pursuant to a contract entered into under	123
division (B)(2) of this section, except that the board shall not	124
charge a fee for those inspections conducted at any manufactured	125
home park, recreational vehicle park, recreation camp, or combined	126
park-camp that is licensed under section 3733.033729.05 of the	127
Revised Code or at any manufactured home park that is licensed	128
under section 3733.03 of the Revised Code.	129

Sec. 3709.09.  (A) The board of health of a city or general	130
health district may, by rule, establish a uniform system of fees	131
to pay the costs of any services provided by the board.	132

The fee for issuance of a certified copy of a vital record or	133
a certification of birth shall not be less than the fee prescribed	134
for the same service under division (A)(1) of section 3705.24 of	135
the Revised Code and shall include the fees required by division	136
(B) of section 3705.24 and section 3109.14 of the Revised Code.	137

Fees for services provided by the board for purposes	138
specified in sections 3701.344, 3711.05, 3729.07, 3730.03,	139
3733.04, 3733.25, and 3749.04 of the Revised Code shall be	140
established in accordance with rules adopted under division (B) of	141
this section. The district advisory council, in the case of a	142
general health district, and the legislative authority of the	143
city, in the case of a city health district, may disapprove any	144
fee established by the board of health under this division, and	145
any such fee, as disapproved, shall not be charged by the board of	146
health.	147

(B) The public health council shall adopt rules under section	148
111.15 of the Revised Code that establish fee categories and	149
uniform methodologies for use in calculating the costs of services	150
provided for purposes specified in sections 3701.344, 3711.05,	151
3729.07, 3730.03, 3733.04, 3733.25, and 3749.04 of the Revised	152
Code. In adopting the rules, the public health council shall	153
consider recommendations it receives from advisory boards	154
established either by statute or the director of health for	155
entities subject to the fees.	156

(C) At least thirty days prior to establishing a fee for a	157
service provided by the board for a purpose specified in section	158
3701.344, 3711.05, 3729.07, 3730.03, 3733.04, 3733.25, or 3749.04	159
of the Revised Code, a board of health shall notify any entity	160
that would be affected by the proposed fee of the amount of the	161
proposed fee.	162

Sec. 3729.01.  As used in this chapter:

163

(A) "Camp operator" means the operator of a recreational	164
vehicle park, recreation camp, combined park-camp, or temporary	165
park-camp.	166

(B) "Campsite user" means a person who enters into a campsite	167
use agreement with a camp operator for the use of a campsite at a	168
recreational vehicle park, recreation camp, combined park-camp, or	169
temporary park-camp.	170

(C) "Combined park-camp" means any tract of land upon which a	171
combination of five or more self-contained recreational vehicles	172
or portable camping units are placed and includes any roadway,	173
building, structure, vehicle, or enclosure used or intended for	174
use as part of the park facilities. A tract of land that is	175
subdivided for lease or other contract of the individual lots is a	176
combined park-camp if a combination of five or more recreational	177
vehicles or portable camping units are placed on it for	178
recreation, vacation, or business purposes.	179

"Combined park-camp" does not include any tract of land used	180
solely as a temporary park-camp.	181

(D) "Dependent recreational vehicle" means a recreational	182
vehicle other than a self-contained recreational vehicle.	183
"Dependent recreational vehicle" includes a park model.	184

(E) "Development" means any artificial change to improved or	185
unimproved real estate, including, without limitation, buildings	186
or structures, dredging, filling, grading, paving, excavation or	187
drilling operations, or storage of equipment or materials, and the	188
construction, expansion, or substantial alteration of a	189
recreational vehicle park, recreation camp, or combined park-camp,	190
for which plan review is required under division (A) of section	191
3729.03 of the Revised Code. "Development" does not include the	192
building, construction, erection, or manufacture of any building	193
to which section 3781.06 of the Revised Code is applicable.	194

(F) "Director of health" means the director of health or the	195
director's authorized representative.	196

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

197

(1) A general and temporary condition of partial or complete	198
inundation of normally dry land areas from any of the following:	199

(a) The overflow of inland or tidal waters;

200

(b) The unusual and rapid accumulation or runoff of surface	201
waters from any source;	202

(c) Mudslides that are proximately caused by flooding as	203
defined in division (G)(1)(b) of this section and that are akin to	204
a river of liquid and flowing mud on the surface of normally dry	205
land areas, as when earth is carried by a current of water and	206
deposited along the path of the current.	207

(2) The collapse or subsidence of land along the shore of a	208
lake or other body of water as a result of erosion or undermining	209
that is caused by waves or currents of water exceeding anticipated	210
cyclical levels or that is suddenly caused by an unusually high	211
water level in a natural body of water, and that is accompanied by	212
a severe storm, by an unanticipated force of nature, such as a	213
flash flood, by an abnormal tidal surge, or by some similarly	214
unusual and unforeseeable event, that results in flooding as	215
defined in division (G)(1)(a) of this section.	216

(H) "Flood plain" means the area adjoining any river, stream,	217
watercourse, or lake that has been or may be covered by flood	218
water.	219

(I) "Licensor" means either the board of health of a city or	220
general health district, or the authority having the duties of a	221
board of health in any city as authorized by section 3709.05 of	222
the Revised Code, or the director of health, when required under	223
division (B) of section 3729.06 of the Revised Code. "Licensor"	224
also means an authorized representative of any of those entities	225
or of the director.	226

(J) "One-hundred-year flood" means a flood having a one per	227
cent chance of being equaled or exceeded in any given year.	228

(K) "One-hundred-year flood plain" means that portion of a	229
flood plain inundated by a one-hundred-year flood.	230

(L) "Operator" means the person who has responsible charge of	231
a recreational vehicle park, recreation camp, combined park-camp,	232
or temporary park-camp and who is licensed under this chapter.	233

(M) "Park model" means a recreational vehicle that meets the	234
American national standard institute standard A119.5(1988) for	235
park trailers, is built on a single chassis, has a gross trailer	236
area of not more than four hundred square feet when set up, is	237
designed for seasonal or temporary living quarters, and may be	238
connected to utilities necessary for operation of installed	239
features and appliances.	240

(N) "Person" has the same meaning as in section 1.59 of the	241
Revised Code and also includes this state, any political	242
subdivision of this state, and any other state or local body of	243
this state.	244

(O) "Portable camping units" means dependent recreational	245
vehicles, tents, portable sleeping equipment, and similar camping	246
equipment used for travel, recreation, vacation, or business	247
purposes.	248

(P) "Recreation camp" means any tract of land upon which five	249
or more portable camping units are placed and includes any	250
roadway, building, structure, vehicle, or enclosure used or	251
intended for use as a part of the facilities of the camp. A tract	252
of land that is subdivided for lease or other contract of the	253
individual lots is a recreation camp if five or more portable	254
camping units are placed on it for recreation, vacation, or	255
business purposes.	256

"Recreation camp" does not include any tract of land used	257
solely for the storage or display for sale of dependent	258
recreational vehicles or solely as a temporary park-camp.	259

(Q) "Recreational vehicle" has the same meaning as in section	260
4501.01 of the Revised Code.	261

(R) "Recreational vehicle park" means any tract of land used	262
for parking five or more self-contained recreational vehicles and	263
includes any roadway, building, structure, vehicle, or enclosure	264
used or intended for use as part of the park facilities and any	265
tract of land that is subdivided for lease or other contract of	266
the individual lots for the express or implied purpose of placing	267
self-contained recreational vehicles for recreation, vacation, or	268
business purposes.	269

"Recreational vehicle park" does not include any tract of	270
land used solely for the storage or display for sale of	271
self-contained recreational vehicles or solely as a temporary	272
park-camp.	273

(S) "Self-contained recreational vehicle" means a	274
recreational vehicle that can operate independent of connections	275
to sewer and water and has plumbing fixtures or appliances all of	276
which are connected to sewage holding tanks located within the	277
vehicle. "Self-contained recreational vehicle" includes a park	278
model.	279

(T) "Substantially alter" means a change in the layout or	280
design of a recreational vehicle park, recreation camp, combined	281
park-camp, or temporary park-camp, including, without limitation,	282
the movement of utilities or changes in established streets, lots,	283
or sites or in other facilities.	284

(U) "Temporary park-camp" means any tract of land used for a	285
period not to exceed a total of twenty-one days per calendar year	286
for the purpose of parking five or more recreational vehicles,	287
dependent recreational vehicles, or portable camping units, or any	288
combination thereof, for one or more periods of time that do not	289
exceed seven consecutive days or parts thereof.	290

(V) "Tract" means a contiguous area of land that consists of	291
one or more parcels, lots, or sites that have been separately	292
surveyed regardless of whether the individual parcels, lots, or	293
sites have been recorded and regardless of whether the one or more	294
parcels, lots, or sites are under common or different ownership.	295

Sec. 3729.02.  (A) The public health council, subject to	296
Chapter 119. of the Revised Code, shall adopt rules of uniform	297
application throughout the state governing the review of plans and	298
issuance of licenses for and the location, layout, construction,	299
drainage, sanitation, safety, and operation of recreational	300
vehicle parks, recreation camps, and combined park-camps. The	301
rules shall not apply to the construction, erection, or	302
manufacture of any building to which section 3781.06 of the	303
Revised Code is applicable.	304

(B) The public health council, subject to Chapter 119. of the	305
Revised Code, shall adopt rules of uniform application throughout	306
the state governing the review of plans and issuance of licenses	307
for and the layout, sanitation, safety, and operation of temporary	308
park-camps. The rules shall not apply to the construction,	309
erection, or manufacture of any building to which section 3781.06	310
of the Revised Code is applicable.	311

Sec. 3729.03.  (A) No person shall cause development to occur	312
within any portion of a recreational vehicle park, recreation	313
camp, or combined park-camp until the plans for the development	314
have been submitted to and reviewed and approved by the director	315
of health. This division does not require that plans be submitted	316
to the director for approval for the replacement of recreational	317
vehicles or portable camping units on previously approved sites in	318
a recreational vehicle park, recreation camp, or combined	319
park-camp when no development is to occur in connection with the	320
replacement. Within thirty days after receipt of the plans, all	321
supporting documents and materials required to complete the	322
review, and the applicable plan review fee established under	323
division (D) of this section, the director shall approve or	324
disapprove the plans.	325

(B) Any person aggrieved by the director's disapproval of a	326
set of plans under division (A) of this section may request a	327
hearing on the matter within thirty days after receipt of the	328
director's notice of the disapproval. The hearing shall be held in	329
accordance with Chapter 119. of the Revised Code. Thereafter, the	330
disapproval may be appealed in the manner provided in section	331
119.12 of the Revised Code.	332

(C) The director shall establish a system by which	333
development occurring within a recreational vehicle park,	334
recreation camp, or combined park-camp is inspected or verified in	335
accordance with rules adopted under division (A) of section	336
3729.02 of the Revised Code to ensure that the development	337
complies with the plans approved under division (A) of this	338
section.	339

(D) The public health council shall establish fees for	340
reviewing plans under division (A) of this section and conducting	341
inspections under division (C) of this section.	342

(E) The director shall charge the appropriate fees	343
established under division (D) of this section for reviewing plans	344
under division (A) of this section and conducting inspections	345
under division (C) of this section. All such plan review and	346
inspection fees received by the director shall be transmitted to	347
the treasurer of state and shall be credited to the general	348
operations fund created in section 3701.83 of the Revised Code.	349
Moneys so credited to the fund shall be used only for the purpose	350
of administering and enforcing this chapter and rules adopted	351
under it.	352

(F) Plan approvals issued under this section do not	353
constitute an exemption from the land use and building	354
requirements of the political subdivision in which the	355
recreational vehicle park, recreation camp, or combined park-camp	356
is or is to be located.	357

Sec. 3733.023.        Sec. 3729.04.  (A) No person shall cause development	358
to occur within any portion of a recreational vehicle park,	359
recreation camp, combined park-camp, or temporary park-camp that	360
is located within a one-hundred-year flood plain in a municipal	361
corporation unless the person first obtains a permit therefor from	362
the municipal corporation in accordance with the flood plain	363
management ordinance of the municipal corporation.	364

(B) No person shall cause development to occur within any	365
portion of a recreational vehicle park, recreation camp, combined	366
park-camp, or temporary park-camp that is located within a	367
one-hundred-year flood plain in an unincorporated area unless the	368
person first obtains a permit therefor from the board of county	369
commissioners of the county in which the development is to occur	370
in accordance with the flood plain management resolution of the	371
county adopted under section 307.37 of the Revised Code.	372

(C) If development for which a permit is required under	373
division (A) or (B) of this section is to occur on a site where a	374
recreational vehicle or portable camping unit is or is to be	375
located, the owner of the recreational vehicle or portable camping	376
unit and the operator of the recreational vehicle park, recreation	377
camp, or combined park-camp shall jointly obtain the permit. Each	378
of the persons to whom a permit is jointly issued is responsible	379
for compliance with the provisions of the approved permit that are	380
applicable to that person.	381

If development for which a permit is required under division	382
(A) or (B) of this section is to occur within a temporary	383
park-camp on a site where a recreational vehicle or portable	384
camping unit is or is to be located, the owner of the temporary	385
park-camp shall obtain the permit.	386

(D) Fees established by a municipal corporation or county for	387
the issuance of permits under division (A) or (B) of this section	388
are not subject to regulation by the public health council.	389

Sec. 3729.05.  (A)(1) On or after the first day of April, but	390
before the first day of May of each year, every person who intends	391
to operate a recreational vehicle park, recreation camp, or	392
combined park-camp shall procure a license to operate the park or	393
camp from the licensor. If the applicable license fee prescribed	394
under section 3729.07 of the Revised Code is not received by the	395
licensor by the close of business on the last day of April, the	396
applicant for the license shall pay a penalty equal to twenty-five	397
per cent of the applicable license fee. The penalty shall	398
accompany the license fee. If the last day of April is not a	399
business day, the penalty attaches upon the close of business on	400
the next business day.	401

(2) Every person who intends to operate a temporary park-camp	402
shall obtain a license to operate the temporary park-camp from the	403
licensor at any time before the person begins operation of the	404
temporary park-camp during the calendar year.	405

(3) No recreational vehicle park, recreation camp, combined	406
park-camp, or temporary park-camp shall be maintained or operated	407
in this state without a license. However, no person who neither	408
intends to receive nor receives anything of value arising from the	409
use of, or the sale of goods or services in connection with the	410
use of, a recreational vehicle park, recreation camp, combined	411
park-camp, or temporary park-camp is required to procure a license	412
under this division. If any health hazard exists at such an	413
unlicensed park, camp, or park-camp, the health hazard shall be	414
corrected in a manner consistent with the appropriate rule adopted	415
under division (A) or (B) of section 3729.02 of the Revised Code.	416

(4) No person who has received a license under division	417
(A)(1) of this section, upon the sale or disposition of the	418
recreational vehicle park, recreation camp, or combined park-camp,	419
may have the license transferred to the new operator. A person	420
shall obtain a separate license to operate each manufactured home	421
park, recreational vehicle park, recreation camp, or combined	422
park-camp. No license to operate a temporary park-camp shall be	423
transferred. A person shall obtain a separate license for each	424
temporary park-camp that the person intends to operate, and the	425
license shall be valid for a period of not longer than seven	426
consecutive days. A person who operates a temporary park-camp on a	427
tract of land for more than twenty-one days or parts thereof in a	428
calendar year shall obtain a license to operate a recreational	429
vehicle park, recreation camp, or combined park-camp.	430

(B)(1) Before a license is initially issued under division	431
(A)(1) of this section and annually thereafter, or more often if	432
necessary, the licensor shall cause each recreational vehicle	433
park, recreation camp, or combined park-camp to be inspected to	434
determine compliance with this chapter and rules adopted under it.	435
A record shall be made of each inspection on a form prescribed by	436
the director of health.	437

(2) When a license is initially issued under division (A)(2)	438
of this section, and more often if necessary, the licensor shall	439
cause each temporary park-camp to be inspected to determine	440
compliance with this chapter and rules adopted under it during the	441
period that the temporary park-camp is in operation. A record	442
shall be made of each inspection on a form prescribed by the	443
director.	444

(C) Each person applying for an initial license to operate a	445
recreational vehicle park, recreation camp, combined park-camp, or	446
temporary park-camp shall provide acceptable proof to the	447
director, or to the licensor in the case of a temporary park-camp,	448
that adequate fire protection will be provided and that applicable	449
fire codes will be adhered to in the construction and operation of	450
the park, camp, or park-camp.	451

(D) Any person that operates a county or state fair or any	452
independent agricultural society organized pursuant to section	453
1711.02 of the Revised Code that operates a fair shall not be	454
required to obtain a license under this chapter if recreational	455
vehicles, portable camping units, or any combination of them are	456
parked at the site of the fair only during the time of preparation	457
for, operation of, and dismantling of the fair and if the	458
recreational vehicles, portable camping units, or any combination	459
of them belong to participants in the fair.	460

Sec. 3729.06.  (A) The director of health may survey annually	461
each health district that is licensing recreational vehicle parks,	462
recreation camps, combined park-camps, or temporary park-camps as	463
provided in section 3729.05 of the Revised Code to determine	464
whether the district is in substantial compliance with this	465
chapter and rules adopted under it. Upon determination that there	466
is substantial compliance, the director shall place the health	467
district on an approved list. The director shall make a resurvey	468
when in the director's opinion a resurvey is necessary and shall	469
remove from the approved list any health district not	470
substantially complying with this chapter and rules adopted under	471
it.	472

(B) If, after a survey or resurvey is made as provided in	473
this section, the director determines that a health district is	474
not eligible to be placed on the approved list or to continue on	475
the list, the director shall certify that fact to the board of	476
health of the health district. The director shall administer and	477
enforce this chapter and rules adopted under it in the health	478
district until the director determines that the health district is	479
eligible for placement on the approved list. Until the district is	480
placed on or returned to the approved list, the director shall	481
collect all fees payable to a board of health under section	482
3729.07 of the Revised Code and all such fees previously paid that	483
have not been expended or encumbered for deposit in the state	484
treasury to the credit of the campground licensing fund, which is	485
hereby created for use by the director in the director's capacity	486
as licensor. The director shall repay any balance remaining in the	487
account to the district when the director places the district on	488
the approved list.	489

Sec. 3729.07.  The licensor of a recreational vehicle park,	490
recreation camp, or combined park-camp may charge a fee for an	491
annual license to operate such a park, camp, or park-camp. In the	492
case of a temporary park-camp, the licensor may charge a fee for a	493
license to operate the temporary park-camp for the period	494
specified in division (A) of section 3729.05 of the Revised Code.	495
The fees for both types of licenses shall be determined in	496
accordance with section 3709.09 of the Revised Code and shall	497
include the cost of licensing and all inspections.	498

Except for the fee for a temporary park-camp license, the fee	499
also shall include any additional amount determined by rule of the	500
public health council, which shall be collected and transmitted by	501
the board of health to the treasurer of state to be credited to	502
the general operations fund created in section 3701.83 of the	503
Revised Code and used only for the purpose of administering and	504
enforcing this chapter and rules adopted under it. The portion of	505
any fee retained by the board of health shall be paid into a	506
special fund and used only for the purpose of administering and	507
enforcing this chapter and rules adopted under it.	508

Sec. 3729.08.  The licensor of the health district in which a	509
recreational vehicle park, recreation camp, combined park-camp, or	510
temporary park-camp is or is to be located, in accordance with	511
Chapter 119. of the Revised Code, may refuse to grant, may	512
suspend, or may revoke any license granted to any person for	513
failure to comply with this chapter or with any rule adopted by	514
the public health council under section 3729.02 of the Revised	515
Code.	516

Sec. 3729.09. Upon a license being issued under sections	517
3729.05 to 3729.08 of the Revised Code, any operator has the right	518
to rent or use each lot or camping space for the parking or	519
placement of a recreational vehicle or portable camping facility	520
to be used for human habitation without interruption for any	521
period coextensive with any license or consecutive licenses issued	522
under sections 3729.05 to 3729.08 of the Revised Code.	523

Sec. 3729.10.  Fees authorized or charged under sections	524
3729.03 and 3729.07 of the Revised Code are in lieu of all license	525
and inspection fees on or with respect to the operation or	526
ownership of recreational vehicle parks, combined park-camps,	527
recreation camps, or temporary park-camps within this state,	528
except that the licensor may charge additional reasonable fees for	529
the collection and bacteriological examination of any necessary	530
water samples taken from any such park, camp, or park-camp.	531

Sec. 3729.11.  (A) No person shall violate this chapter or	532
rules adopted under it.	533

(B) The prosecuting attorney of a county, a city director of	534
law, or the attorney general, upon complaint of the licensor or	535
the director of health, shall prosecute to termination or bring an	536
action for injunction against any person violating this chapter or	537
rules adopted under it.	538

Sec. 3733.081.        Sec. 3729.12. Every campsite use agreement entered	539
into between a camp operator and a campsite user shall be in	540
writing, shall contain the name, address, and phone number of the	541
campsite user, and shall designate the campsite that is the	542
subject of the agreement. The campsite use agreement also shall	543
contain a description of the procedure for removing property from	544
the campsite if the campsite user fails to remove all property	545
from the campsite as required by section 3733.0823729.13 of the	546
Revised Code.	547

Sec. 3733.082.        Sec. 3729.13. (A) A campsite user who enters into a	548
campsite use agreement with a camp operator for the use of a	549
campsite at a recreational vehicle park, recreation camp, combined	550
park-camp, or temporary park-camp, at the expiration of the	551
campsite use period under the agreement, shall remove from the	552
campsite all of the campsite user's property and all property any	553
other person placed on the campsite with the permission of the	554
campsite user. If the campsite user fails to remove all of that	555
property from the campsite within the five-consecutive-day period	556
after the expiration of that campsite use period, all of the	557
following apply:	558

(1) The camp operator shall perform an inventory of the	559
property that the campsite user did not remove from the campsite.	560

(2) The camp operator may send a letter to the campsite user	561
informing the campsite user that the campsite user has abandoned	562
the property on the campsite in violation of the campsite use	563
agreement and that the camp operator will commence an action for	564
the seizure of the property if the campsite user does not remove	565
the property from the campsite within ten days after the date on	566
which the letter is mailed.	567

(3) If the campsite user does not remove the property from	568
the campsite within ten days after the date on which the letter	569
described in division (A)(2) of this section is mailed, the camp	570
operator may file an action for the seizure of the property that	571
remains on the campsite in the municipal court or county court	572
that has territorial jurisdiction over the park or camp. The	573
complaint shall contain all of the following:	574

(a) The name, address, and phone number of the campsite user	575
that is in the campsite use agreement;	576

(b) A description of the property that the campsite user has	577
not removed from the campsite;	578

(c) A demand that all of the property listed in the complaint	579
be removed from the campsite within seven days after service of	580
the complaint upon the campsite user;	581

(d) A description of the procedure that will be followed if	582
the campsite user does not remove the listed property within the	583
seven-day period;	584

(e) A statement that the campsite user shall pay to the clerk	585
of the court the amount of the filing fees charged for the filing	586
of the complaint, that the campsite user shall pay those fees	587
prior to the campsite user's removal of the listed property from	588
the campsite, and that if the campsite user fails to pay the	589
amount of the filing fees the property may be sold to pay the	590
filing fees.	591

(4) When the camp operator files an action under division	592
(A)(3) of this section, the clerk of the court shall issue a	593
summons and a copy of the complaint pursuant to the Rules of Civil	594
Procedure to the campsite user at the address provided in the	595
campsite use agreement.	596

(5) If the campsite user does not file an answer to the	597
complaint filed under division (A)(3) of this section and remove	598
all of the property listed in the complaint within seven days	599
after service of the complaint upon the campsite user, the court	600
shall do either of the following:	601

(a) Issue an order authorizing the sheriff, another peace	602
officer, or a bailiff to remove the property from the campsite and	603
place it in storage;	604

(b) Authorize the camp operator to seize the property and	605
cause the issuance to the camp operator of a new certificate of	606
title for the property if the property is a titled vehicle.	607

(6) Upon the removal and storage of the property, the	608
sheriff, peace officer, bailiff, or camp operator shall conduct or	609
cause to be conducted a search of the appropriate public records	610
that relate to the property and shall make or cause to be made	611
reasonably diligent inquiries for the purpose of identifying	612
persons who have any right, title, or interest in any of the	613
property. Then, the sheriff, peace officer, bailiff, or camp	614
operator may commence proceedings for the sale of the property.	615
The sheriff, peace officer, bailiff, or camp operator shall send	616
by certified mail, return receipt requested, a written notice of	617
the date, time, and place of the sale to each person who, because	618
of the conduct of the search, the making of inquiries, or	619
otherwise, the sheriff, peace officer, bailiff, or camp operator	620
believes has any right, title, or interest in the property. The	621
sheriff, peace officer, bailiff, or camp operator shall send the	622
notice to the last known address of each of those persons.	623

(7) If the sheriff, peace officer, bailiff, or camp operator	624
sells the property, the sheriff, peace officer, bailiff, or camp	625
operator shall dispose of the proceeds of the sale in the	626
following order:	627

(a) The sheriff, peace officer, bailiff, or camp operator	628
shall first pay the costs for any moving or any storage of the	629
property, the costs of the sale, and any unpaid court costs	630
assessed against the campsite user in the underlying action.	631

(b) Following the payment required by division (A)(7)(a) of	632
this section, the sheriff, peace officer, bailiff, or camp	633
operator shall pay all other outstanding security interests,	634
liens, or encumbrances on the property by priority of filing or	635
other priority.	636

(c) After complying with divisions (A)(7)(a) and (b) of this	637
section, the sheriff, peace officer, bailiff, or camp operator	638
shall transfer any remaining money to the owner of the property.	639

(8) If the sheriff, peace officer, bailiff, or camp operator	640
does not conduct a sale of the property, the sheriff, peace	641
officer, bailiff, or camp operator shall dispose of the property	642
in the following manner:	643

(a) If the property is a motor vehicle or recreational	644
vehicle, in accordance with the procedure in section 4513.61 or	645
4513.63 of the Revised Code;	646

(b) If the property is personal property, in accordance with	647
the procedure in section 2933.41 of the Revised Code.	648

(B) Upon collection from the campsite user, the municipal	649
court or county court shall reimburse the filing fees to the camp	650
operator.	651

Sec. 3729.99.  Whoever violates division (A) of section	652
3729.11 of the Revised Code is guilty of a misdemeanor of the	653
fourth degree.	654

Sec. 3733.01.  As used in this chapter:

655

(A) "Manufactured home park" means any tract of land upon	656
which three or more manufactured or mobile homes used for	657
habitation are parked, either free of charge or for revenue	658
purposes, and includes any roadway, building, structure, vehicle,	659
or enclosure used or intended for use as a part of the facilities	660
of the park. "Manufactured home park" does not include any of the	661
following:	662

(1) A tract of land used solely for the storage or display	663
for sale of manufactured or mobile homes or solely as a temporary	664
park-camp as defined in section 3729.01 of the Revised Code;	665

(2) A tract of land that is subdivided and the individual	666
lots are for sale or sold for the purpose of installation of	667
manufactured or mobile homes used for habitation and the roadways	668
are dedicated to the local government authority;	669

(3) A tract of land within an area that is subject to local	670
zoning authority and subdivision requirements and is subdivided,	671
and the individual lots are for sale or sold for the purpose of	672
installation of manufactured or mobile homes for habitation.	673

(B) "Recreational vehicle park" means any tract of land used	674
for parking five or more self-contained recreational vehicles and	675
includes any roadway, building, structure, vehicle, or enclosure	676
used or intended for use as part of the park facilities and any	677
tract of land that is subdivided for lease or other contract of	678
the individual lots for the express or implied purpose of placing	679
self-contained recreational vehicles for recreation, vacation, or	680
business purposes.	681

"Recreational vehicle park" does not include any tract of	682
land used solely for the storage or display for sale of	683
self-contained recreational vehicles or solely as a temporary	684
park-camp.	685

(C) "Portable camping units" means dependent recreational	686
vehicles, tents, portable sleeping equipment, and similar camping	687
equipment used for travel, recreation, vacation, or business	688
purposes.	689

(D) "Manufactured home" has the meaning set forth in division	690
(C)(4) of section 3781.06 of the Revised Code, and "mobile home"	691
and "recreational vehicle" havehas the meaningsmeaning set forth	692
in section 4501.01 of the Revised Code.	693

(E) "Self-contained recreational vehicle" means a	694
recreational vehicle that can operate independent of connections	695
to sewer and water and has plumbing fixtures or appliances all of	696
which are connected to sewage holding tanks located within the	697
vehicle.	698

(F) "Dependent recreational vehicle" means a recreational	699
vehicle other than a self-contained recreational vehicle.	700

(G) "Recreation camp" means any tract of land upon which five	701
or more portable camping units are placed and includes any	702
roadway, building, structure, vehicle, or enclosure used or	703
intended for use as a part of the facilities of the camp. A tract	704
of land that is subdivided for lease or other contract of the	705
individual lots is a recreation camp if five or more portable	706
camping units are placed on it for recreation, vacation, or	707
business purposes.	708

"Recreation camp" does not include any tract of land used	709
solely for the storage or display for sale of dependent	710
recreational vehicles or solely as a temporary park-camp.	711

(H) "Combined park-camp" means any tract of land upon which a	712
combination of five or more self-contained recreational vehicles	713
or portable camping units are placed and includes any roadway,	714
building, structure, vehicle, or enclosure used or intended for	715
use as part of the park facilities. A tract of land that is	716
subdivided for lease or other contract of the individual lots is a	717
combined park-camp if a combination of five or more recreational	718
vehicles or portable camping units are placed on it for	719
recreation, vacation, or business purposes.	720

"Combined park-camp" does not include any tract of land used	721
solely as a temporary park-camp.	722

(I)(C) "Licensor" means either the board of health of a city	723
or general health district, or the authority having the duties of	724
a board of health in any city as authorized by section 3709.05 of	725
the Revised Code, or the director of health, when required under	726
division (B) of section 3733.031 of the Revised Code. "Licensor"	727
also means an authorized representative of any of those entities	728
or of the director.	729

(J)(D) "Tenant" means a person who is entitled under a rental	730
agreement with a manufactured home park operator to occupy a	731
manufactured home park lot and who does not own the home occupying	732
the lot.	733

(K)(E) "Owner" means a person who is entitled under a rental	734
agreement with a manufactured home park operator to occupy a	735
manufactured home park lot and who owns the home occupying the	736
lot.	737

(L)(F) "Resident" means a person entitled under a rental	738
agreement to the use and occupancy of residential premises to the	739
exclusion of others. It"Resident" includes both tenants and	740
owners.	741

(M)(G) "Operator" means the person who has responsible charge	742
of a manufactured home park, recreational vehicle park, recreation	743
camp, combined park-camp, or temporary park-camp and who is	744
licensed under sections 3733.01 to 3733.08 of the Revised Code.	745

(N)(H) "Park operator" means a manufactured home park	746
operator.	747

(O)(I) "Residential premises" means a lot located within a	748
manufactured home park and the grounds, areas, and facilities	749
contained within the manufactured home park for the use of	750
residents generally or the use of which is promised to a resident.	751

(P)(J) "Rental agreement" means any agreement or lease,	752
written or oral, that establishes or modifies the terms,	753
conditions, rules, or any other provisions concerning the use and	754
occupancy of residential premises by one of the parties.	755

(Q)(K) "Security deposit" means any deposit of money or	756
property to secure performance by the resident under a rental	757
agreement.	758

(R) "Temporary park-camp" means any tract of land used for a	759
period not to exceed a total of twenty-one days per calendar year	760
for the purpose of parking five or more recreational vehicles,	761
dependent recreational vehicles, or portable camping units, or any	762
combination thereof, for one or more periods of time that do not	763
exceed seven consecutive days or parts thereof.	764

(S)(L) "Development" means any artificial change to improved	765
or unimproved real estate, including, without limitation,	766
buildings or structures, dredging, filling, grading, paving,	767
excavation or drilling operations, or storage of equipment or	768
materials, and the construction, expansion, or substantial	769
alteration of a manufactured home park, recreational vehicle park,	770
recreation camp, or combined park-camp, for which plan review is	771
required under division (A) of section 3733.021 of the Revised	772
Code. "Development" does not include the building, construction,	773
erection, or manufacture of any building to which section 3781.06	774
of the Revised Code is applicable.	775

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

776

(1) A general and temporary condition of partial or complete	777
inundation of normally dry land areas from any of the following:	778

(a) The overflow of inland or tidal waters;

779

(b) The unusual and rapid accumulation or runoff of surface	780
waters from any source;	781

(c) Mudslides that are proximately caused by flooding as	782
defined in division (T)(M)(1)(b) of this section and that are akin	783
to a river of liquid and flowing mud on the surface of normally	784
dry land areas, as when earth is carried by a current of water and	785
deposited along the path of the current.	786

(2) The collapse or subsidence of land along the shore of a	787
lake or other body of water as a result of erosion or undermining	788
that is caused by waves or currents of water exceeding anticipated	789
cyclical levels or that is suddenly caused by an unusually high	790
water level in a natural body of water, and that is accompanied by	791
a severe storm, by an unanticipated force of nature, such as a	792
flash flood, by an abnormal tidal surge, or by some similarly	793
unusual and unforeseeable event, that results in flooding as	794
defined in division (T)(M)(1)(a) of this section.	795

(U)(N) "Flood plain" means the area adjoining any river,	796
stream, watercourse, or lake that has been or may be covered by	797
flood water.	798

(V)(O) "One-hundred-year flood" means a flood having a one	799
per cent chance of being equaled or exceeded in any given year.	800

(W)(P) "One-hundred-year flood plain" means that portion of a	801
flood plain inundated by a one-hundred-year flood.	802

(X)(Q) "Person" has the same meaning as in section 1.59 of	803
the Revised Code and also includes this state, any political	804
subdivision of this state, and any other state or local body of	805
this state.	806

(Y)(R) "Substantial damage" means damage of any origin	807
sustained by a manufactured or mobile home that is situated in a	808
manufactured home park located in a flood plain when the cost of	809
restoring the home to its condition before the damage occurred	810
will equal or exceed fifty per cent of the market value of the	811
home before the damage occurred.	812

(Z)(S) "Substantially alter" means a change in the layout or	813
design of a manufactured home park, recreational vehicle park,	814
recreation camp, combined park-camp, or temporary park-camp,	815
including, without limitation, the movement of utilities or	816
changes in established streets, lots, or sites or in other	817
facilities. In the case of manufactured home parks located within	818
a one-hundred-year flood plain, "substantially alter" also	819
includes changes in elevation resulting from the addition of fill,	820
grading, or excavation that may affect flood plain management.	821

(AA)(T) "Tract" means a contiguous area of land that consists	822
of one or more parcels, lots, or sites that have been separately	823
surveyed regardless of whether the individual parcels, lots, or	824
sites have been recorded and regardless of whether the one or more	825
parcels, lots, or sites are under common or different ownership.	826

(BB)(U) "Director of health" means the director of health or	827
the director's authorized representative.	828

(CC) "Camp operator" means the operator of a recreational	829
vehicle park, recreation camp, combined park-camp, or temporary	830
park-camp.	831

(DD) "Campsite user" means a person who enters into a	832
campsite use agreement with a camp operator for the use of a	833
campsite at a recreational vehicle park, recreation camp, combined	834
park-camp, or temporary park-camp.	835

Sec. 3733.02.  (A)(1) The public health council, subject to	836
Chapter 119. of the Revised Code, shall adopt, and has the	837
exclusive power to adopt, rules of uniform application throughout	838
the state governing the review of plans, issuance of flood plain	839
management permits, and issuance of licenses for manufactured home	840
parks; the location, layout, density, construction, drainage,	841
sanitation, safety, and operation of those parks; blocking and	842
tiedowns of mobile and manufactured homes in those parks; and	843
notices of flood events concerning, and flood protection at, those	844
parks. The rules pertaining to flood plain management shall be	845
consistent with and not less stringent than the flood plain	846
management criteria of the national flood insurance program	847
adopted under the "National Flood Insurance Act of 1968," 82 Stat.	848
572, 42 U.S.C.A. 4001, as amended. The rules shall not apply to	849
the construction, erection, or manufacture of any building to	850
which section 3781.06 of the Revised Code is applicable.	851

(2) The rules pertaining to manufactured home parks	852
constructed after June 30, 1971, shall specify that each home must	853
be placed on its lot to provide not less than fifteen feet between	854
the side of one home and the side of another home, ten feet	855
between the end of one home and the side of another home, and five	856
feet between the ends of two homes placed end to end.	857

(B) The public health council, subject to Chapter 119. of the	858
Revised Code, shall adopt rules of uniform application throughout	859
the state governing the review of plans and issuance of licenses	860
for and the location, layout, construction, drainage, sanitation,	861
safety, and operation of recreational vehicle parks, recreation	862
camps, and combined park-camps. The rules shall not apply to the	863
construction, erection, or manufacture of any building to which	864
section 3781.06 of the Revised Code is applicable.	865

(C) The public health council, subject to Chapter 119. of the	866
Revised Code, shall adopt rules of uniform application throughout	867
the state governing the review of plans and issuance of licenses	868
for and the layout, sanitation, safety, and operation of temporary	869
park-camps. The rules shall not apply to the construction,	870
erection, or manufacture of any building to which section 3781.06	871
of the Revised Code is applicable.	872

(D) The public health council, in accordance with Chapter	873
119. of the Revised Code, shall adopt rules of uniform application	874
throughout the state establishing requirements and procedures in	875
accordance with which the director of health may authorize	876
licensors for the purposes of sections 3733.022 and 3733.025 of	877
the Revised Code. The rules shall include at least provisions	878
under which a licensor may enter into contracts for the purpose of	879
fulfilling the licensor's responsibilities under either or both of	880
those sections.	881

Sec. 3733.021.  (A) No person shall cause development to	882
occur within any portion of a manufactured home park, recreational	883
vehicle park, recreation camp, or combined park-camp until the	884
plans for the development have been submitted to and reviewed and	885
approved by the director of health. This division does not require	886
that plans be submitted to the director for approval for the	887
replacement of manufactured or mobile homes on previously approved	888
lots in a manufactured home park or for the replacement of	889
recreational vehicles or portable camping units on previously	890
approved sites in a recreational vehicle park, recreation camp, or	891
combined park-camp when no development is to occur in connection	892
with the replacement. Within thirty days after receipt of the	893
plans, all supporting documents and materials required to complete	894
the review, and the applicable plan review fee established under	895
division (D) of this section, the director shall approve or	896
disapprove the plans.	897

(B) Any person aggrieved by the director's disapproval of a	898
set of plans under division (A) of this section may request a	899
hearing on the matter within thirty days after receipt of the	900
director's notice of the disapproval. The hearing shall be held in	901
accordance with Chapter 119. of the Revised Code. Thereafter, the	902
disapproval may be appealed in the manner provided in section	903
119.12 of the Revised Code.	904

(C) The director shall establish a system by which	905
development occurring within a manufactured home park,	906
recreational vehicle park, recreation camp, or combined park-camp	907
is inspected or verified in accordance with rules adopted under	908
division (A) or (B), as appropriate, of section 3733.02 of the	909
Revised Code to ensure that the development complies with the	910
plans approved under division (A) of this section.	911

(D) The public health council shall establish fees for	912
reviewing plans under division (A) of this section and conducting	913
inspections under division (C) of this section.	914

(E) The director shall charge the appropriate fees	915
established under division (D) of this section for reviewing plans	916
under division (A) of this section and conducting inspections	917
under division (C) of this section. All such plan review and	918
inspection fees received by the director shall be transmitted to	919
the treasurer of state and shall be credited to the general	920
operations fund created in section 3701.83 of the Revised Code.	921
Moneys so credited to the fund shall be used only for the purpose	922
of administering and enforcing sections 3733.01 to 3733.08 of the	923
Revised Code and rules adopted under those sections.	924

(F) Plan approvals issued under this section do not	925
constitute an exemption from the land use and building	926
requirements of the political subdivision in which the	927
manufactured home park, recreational vehicle park, recreation	928
camp, or combined park-camp is or is to be located.	929

Sec. 3733.03.  (A)(1) On or after the first day of December,	930
but before the first day of January of the next year, every person	931
who intends to operate a manufactured home park shall procure a	932
license to operate the park for the next year from the licensor.	933
If the applicable license fee prescribed under section 3733.04 of	934
the Revised Code is not received by the licensor by the close of	935
business on the last day of December, the applicant for the	936
license shall pay a penalty equal to twenty-five per cent of the	937
applicable license fee. The penalty shall accompany the license	938
fee. If the last day of December is not a business day, the	939
penalty attaches upon the close of business on the next business	940
day.	941

(2) On or after the first day of April, but before the first	942
day of May of each year, every person who intends to operate a	943
recreational vehicle park, recreation camp, or combined park-camp	944
shall procure a license to operate the park or camp from the	945
licensor. If the applicable license fee prescribed under section	946
3733.04 of the Revised Code is not received by the licensor by the	947
close of business on the last day of April, the applicant for the	948
license shall pay a penalty equal to twenty-five per cent of the	949
applicable license fee. The penalty shall accompany the license	950
fee. If the last day of April is not a business day, the penalty	951
attaches upon the close of business on the next business day.	952

(3) Every person who intends to operate a temporary park-camp	953
shall obtain a license to operate the temporary park-camp from the	954
licensor at any time before the person begins operation of the	955
temporary park-camp during the calendar year.	956

(4) No manufactured home park, recreational vehicle park,	957
recreation camp, or combined park-camp shall be maintained or	958
operated in this state after January 1, 1952, without a license.	959
However, no person who neither intends to receive nor receives	960
anything of value arising from the use of, or the sale of goods or	961
services in connection with the use of, a recreational vehicle	962
park, recreation camp, combined park-camp, or temporary park-camp	963
is required to procure a license under this division. If any	964
health hazard exists at such an unlicensed park, camp, or	965
park-camp, the health hazard shall be corrected in a manner	966
consistent with the appropriate rule adopted under division (B) or	967
(C) of section 3733.02 of the Revised Code.	968

(5)(3) No person who has received a license, upon the sale or	969
disposition of the manufactured home park, recreational vehicle	970
park, recreation camp, or combined park-camp, may have the license	971
transferred to the new operator. A person shall obtain a separate	972
license to operate each manufactured home park, recreational	973
vehicle park, recreation camp, or combined park-camp. No license	974
to operate a temporary park-camp shall be transferred. A person	975
shall obtain a separate license for each temporary park-camp he	976
intends to operate, and the license shall be valid for a period of	977
no longer than seven consecutive days. A person who operates a	978
park-camp on a tract of land for more than twenty-one days or	979
parts thereof in a calendar year shall obtain a license to operate	980
a recreational vehicle park, recreation camp, or a combined	981
park-camp.	982

(B)(1) Before a license is initially issued and annually	983
thereafter, or more often if necessary, the licensor shall cause	984
each manufactured home park, recreational vehicle park, recreation	985
camp, or combined park-camp to be inspected relative to compliance	986
with sections 3733.01 to 3733.08 of the Revised Code and the rules	987
adopted under those sections. A record shall be made of each	988
inspection on a form prescribed by the director of health.	989

(2) When a license is initially issued, and more often if	990
necessary, the licensor shall cause each temporary park-camp to be	991
inspected relative to compliance with sections 3733.01 to 3733.08	992
of the Revised Code and the rules adopted under those sections,	993
during the period that the temporary park-camp is in operation. A	994
record shall be made of each inspection on a form prescribed by	995
the director.	996

(C) Each person applying for an initial license to operate a	997
manufactured home park, recreational vehicle park, recreation	998
camp, combined park-camp, or temporary park-camp shall provide	999
acceptable proof to the director of health, or to the licensor in	1000
the case of a temporary park-camp, that adequate fire protection	1001
shallwill be provided and that applicable fire codes shallwill	1002
be adhered to in the construction and operation of the park, camp,	1003
or park-camp.	1004

(D) Any person that operates a county or state fair or any	1005
independent agricultural society organized pursuant to section	1006
1711.02 of the Revised Code that operates a fair shall not be	1007
required to obtain a license under sections 3733.01 to 3733.08 of	1008
the Revised Code if recreational vehicles, portable camping units,	1009
or any combination thereof are parked at the site of the fair only	1010
during the time of preparation for, operation of, and dismantling	1011
of the fair and if the recreational vehicles, portable camping	1012
units, or any combination thereof belong to participants in the	1013
fair.	1014

Sec. 3733.031.  (A) The director of health may survey	1015
annually each health district licensing manufactured home parks,	1016
recreational vehicle parks, recreation camps, combined park-camps,	1017
or temporary park-camps as provided by section 3733.03 of the	1018
Revised Code to determine whether the district is in substantial	1019
compliance with sections 3733.01 to 3733.08 of the Revised Code	1020
and the rules adopted thereunder. Upon determination that there is	1021
substantial compliance, the director shall place suchthe health	1022
district upon an approved list. The director shall make a resurvey	1023
when in histhe director's opinion a resurvey is necessary, and	1024
shall remove from the approved list any health district not	1025
substantially complying with sections 3733.01 to 3733.08 of the	1026
Revised Code and the rules adopted thereunder.	1027

(B) If after a survey or resurvey is made as provided by this	1028
section the director determines that a health district is not	1029
eligible to be placed on the approved list or to continue on such	1030
the list, hethe director shall certify suchthat fact to the	1031
board of health of the health district. The director shall	1032
administer and enforce sections 3733.01 to 3733.08 of the Revised	1033
Code and the rules adopted thereunder in suchthe health district	1034
until hethe director determines that the health district is	1035
eligible for placement on the approved list. Until the district is	1036
placed on or returned to the approved list, the director shall	1037
collect all fees payable to a board of health under section	1038
3733.04 of the Revised Code and all such fees previously paid	1039
whichthat have not been expended or encumbered for deposit in the	1040
state treasury to the credit of the health district licensing	1041
fund, which is hereby created for use by the director in histhe	1042
director's capacity as licensor. The director shall repay any	1043
balance remaining in the account to the district when hethe	1044
director places the district on the approved list.	1045

Sec. 3733.04.  The licensor of a manufactured home park,	1046
recreational vehicle park, recreation camp, or combined park-camp	1047
may charge a fee for an annual license to operate such a park,	1048
camp, or park-camp. In the case of a temporary park-camp, the	1049
licensor may charge a fee for a license to operate the temporary	1050
park-camp for the period specified in division (A) of section	1051
3733.03 of the Revised Code. The feesfee for both types of	1052
licensesa license shall be determined in accordance with section	1053
3709.09 of the Revised Code and shall include the cost of	1054
licensing and all inspections.	1055

Except for the fee for a temporary park-camp license, theThe	1056
fee also shall include any additional amount determined by rule of	1057
the public health council, which shall be collected and	1058
transmitted by the board of health to the treasurer of state to be	1059
credited to the general operations fund created in section 3701.83	1060
of the Revised Code and used only for the purpose of administering	1061
and enforcing sections 3733.01 to 3733.08 of the Revised Code and	1062
the rules adopted under those sections. The portion of any fee	1063
retained by the board of health shall be paid into a special fund	1064
and used only for the purpose of administering and enforcing	1065
sections 3733.01 to 3733.08 of the Revised Code and the rules	1066
adopted thereunder.	1067

Sec. 3733.05.  The licensor of the health district in which a	1068
manufactured home park, recreational vehicle park, recreation	1069
camp, combined park-camp, or temporary park-camp is or is to be	1070
located, in accordance with Chapter 119. of the Revised Code, may	1071
refuse to grant, may suspend, or may revoke any license granted to	1072
any person for failure to comply with sections 3733.01 to 3733.08	1073
of the Revised Code or with any rule adopted by the public health	1074
council under section 3733.02 of the Revised Code.	1075

Sec. 3733.06.  (A) Upon a license being issued under sections	1076
3733.03 to 3733.05 of the Revised Code, any operator shall have	1077
the right to rent or use each lot or camping space for the parking	1078
or placement of a manufactured home,or mobile home, recreational	1079
vehicle, or portable camping facility to be used for human	1080
habitation without interruption for any period coextensive with	1081
any license or consecutive licenses issued under sections 3733.03	1082
to 3733.05 of the Revised Code.	1083

(B) No operator of a manufactured home park shall sell	1084
individual lots in a park for eight years following the issuance	1085
of the initial license for the park unless, at the time of sale,	1086
the park fulfills all platting and subdivision requirements	1087
established by the political subdivision in which the park is	1088
located, or the political subdivision has entered into an	1089
agreement with the operator regarding platting and subdivision	1090
requirements and the operator has fulfilled the terms of that	1091
agreement.	1092

Sec. 3733.07.  Fees authorized or charged under sections	1093
3733.021, 3733.022, and 3733.04 of the Revised Code are in lieu of	1094
all license and inspection fees on or with respect to the	1095
operation or ownership of manufactured home parks, recreational	1096
vehicle parks, combined park-camps, recreation camps, or temporary	1097
park-camps within this state, except that the licensor may charge	1098
additional reasonable fees for the collection and bacteriological	1099
examination of any necessary water samples taken from any such	1100
park, camp, or park-camp.	1101

Sec. 4503.06.  (A) The owner of each manufactured or mobile	1102
home that has acquired situs in this state shall pay either a real	1103
property tax pursuant to Title LVII of the Revised Code or a	1104
manufactured home tax pursuant to division (C) of this section.	1105

(B) The owner of a manufactured or mobile home shall pay real	1106
property taxes if either of the following applies:	1107

(1) The manufactured or mobile home acquired situs in the	1108
state or ownership in the home was transferred on or after January	1109
1, 2000, and all of the following apply:	1110

(a) The home is affixed to a permanent foundation as defined	1111
in division (C)(5) of section 3781.06 of the Revised Code;.	1112

(b) The home is located on land that is owned by the owner of	1113
the home;.	1114

(c) The certificate of title has been inactivated by the	1115
clerk of the court of common pleas that issued it, pursuant to	1116
division (H) of section 4505.11 of the Revised Code.	1117

(2) The manufactured or mobile home acquired situs in the	1118
state or ownership in the home was transferred before January 1,	1119
2000, and all of the following apply:	1120

(a) The home is affixed to a permanent foundation as defined	1121
in division (C)(5) of section 3781.06 of the Revised Code;.	1122

(b) The home is located on land that is owned by the owner of	1123
the home;.	1124

(c) The owner of the home has elected to have the home taxed	1125
as real property and, pursuant to section 4505.11 of the Revised	1126
Code, has surrendered the certificate of title to the auditor of	1127
the county containing the taxing district in which the home has	1128
its situs, together with proof that all taxes have been paid;.	1129

(d) The county auditor has placed the home on the real	1130
property tax list and delivered the certificate of title to the	1131
clerk of the court of common pleas that issued it and the clerk	1132
has inactivated the certificate.	1133

(C)(1) Any mobile or manufactured home that is not taxed as	1134
real property as provided in division (B) of this section is	1135
subject to an annual manufactured home tax, payable by the owner,	1136
for locating the home in this state. The tax as levied in this	1137
section is for the purpose of supplementing the general revenue	1138
funds of the local subdivisions in which the home has its situs	1139
pursuant to this section.	1140

(2) The year for which the manufactured home tax is levied	1141
commences on the first day of January and ends on the following	1142
thirty-first day of December. The state shall have the first lien	1143
on any manufactured or mobile home on the list for the amount of	1144
taxes, penalties, and interest charged against the owner of the	1145
home under this section. The lien of the state for the tax for a	1146
year shall attach on the first day of January to a home that has	1147
acquired situs on that date. The lien for a home that has not	1148
acquired situs on the first day of January, but that acquires	1149
situs during the year, shall attach on the next first day of	1150
January. The lien shall continue until the tax, including any	1151
penalty or interest, is paid.	1152

(3)(a) The situs of a manufactured or mobile home located in	1153
this state on the first day of January is the local taxing	1154
district in which the home is located on that date.	1155

(b) The situs of a manufactured or mobile home not located in	1156
this state on the first day of January, but located in this state	1157
subsequent to that date, is the local taxing district in which the	1158
home is located thirty days after it is acquired or first enters	1159
this state.	1160

(4) The tax is collected by and paid to the county treasurer	1161
of the county containing the taxing district in which the home has	1162
its situs.	1163

(D) The manufactured home tax shall be computed and assessed	1164
by the county auditor of the county containing the taxing district	1165
in which the home has its situs as follows:	1166

(1) On a home that acquired situs in this state prior to	1167
January 1, 2000;:	1168

(a) By multiplying the assessable value of the home by the	1169
tax rate of the taxing district in which the home has its situs,	1170
and deducting from the product thus obtained any reduction	1171
authorized under section 4503.065 of the Revised Code. The tax	1172
levied under this formula shall not be less than thirty-six	1173
dollars, unless the home qualifies for a reduction in assessable	1174
value under section 4503.065 of the Revised Code, in which case	1175
there shall be no minimum tax and the tax shall be the amount	1176
calculated under this division.	1177

(b) The assessable value of the home shall be forty per cent	1178
of the amount arrived at by the following computation:	1179

(i) If the cost to the owner, or market value at time of	1180
purchase, whichever is greater, of the home includes the	1181
furnishings and equipment, such cost or market value shall be	1182
multiplied according to the following schedule:	1183

The first calendar year means any period between the first	1197
day of January and the thirty-first day of December of the first	1198
year.	1199

(ii) If the cost to the owner, or market value at the time of	1200
purchase, whichever is greater, of the home does not include the	1201
furnishings and equipment, such cost or market value shall be	1202
multiplied according to the following schedule:	1203

The first calendar year means any period between the first	1217
day of January and the thirty-first day of December of the first	1218
year.	1219

(2) On a home in which ownership was transferred or that	1220
first acquired situs in this state on or after January 1, 2000:	1221

(a) By multiplying the assessable value of the home by the	1222
effective tax rate, as defined in section 323.08 of the Revised	1223
Code, for residential real property of the taxing district in	1224
which the home has its situs, and deducting from the product thus	1225
obtained the reductions required or authorized under section	1226
319.302, division (B) of section 323.152, or section 4503.065 of	1227
the Revised Code.	1228

(b) The assessable value of the home shall be thirty-five per	1229
cent of its true value as determined under division (L) of this	1230
section.	1231

(3) On or before the fifteenth day of January each year, the	1232
auditor shall record the assessable value and the amount of tax on	1233
the manufactured or mobile home on the tax list and deliver a	1234
duplicate of the list to the county treasurer. In the case of an	1235
emergency as defined in section 323.17 of the Revised Code, the	1236
tax commissioner, by journal entry, may extend the times for	1237
delivery of the duplicate for an additional fifteen days upon	1238
receiving a written application from the county auditor regarding	1239
an extension for the delivery of the duplicate, or from the county	1240
treasurer regarding an extension of the time for the billing and	1241
collection of taxes. The application shall contain a statement	1242
describing the emergency that will cause the unavoidable delay and	1243
must be received by the tax commissioner on or before the last day	1244
of the month preceding the day delivery of the duplicate is	1245
otherwise required. When an extension is granted for delivery of	1246
the duplicate, the time period for payment of taxes shall be	1247
extended for a like period of time. When a delay in the closing of	1248
a tax collection period becomes unavoidable, the tax commissioner,	1249
upon application by the county auditor and county treasurer, may	1250
order the time for payment of taxes to be extended if the tax	1251
commissioner determines that penalties have accrued or would	1252
otherwise accrue for reasons beyond the control of the taxpayers	1253
of the county. The order shall prescribe the final extended date	1254
for payment of taxes for that collection period.	1255

(4) After January 1, 1999, the owner of a manufactured or	1256
mobile home taxed pursuant to division (D)(1) of this section may	1257
elect to have the home taxed pursuant to division (D)(2) of this	1258
section by filing a written request with the county auditor of the	1259
taxing district in which the home is located on or before the	1260
first day of December of any year. Upon the filing of the request,	1261
the county auditor shall determine whether all taxes levied under	1262
division (D)(1) of this section have been paid, and if those taxes	1263
have been paid, the county auditor shall tax the manufactured or	1264
mobile home pursuant to division (D)(2) of this section commencing	1265
in the next tax year.	1266

(5) A manufactured or mobile home that acquired situs in this	1267
state prior to January 1, 2000, shall be taxed pursuant to	1268
division (D)(2) of this section if no manufactured home tax had	1269
been paid for the home and the home was not exempted from taxation	1270
pursuant to division (E) of this section for the year for which	1271
the taxes were not paid.	1272

(6)(a) Immediately upon receipt of any manufactured home tax	1273
duplicate from the county auditor, but not less than twenty days	1274
prior to the last date on which the first one-half taxes may be	1275
paid without penalty as prescribed in division (F) of this	1276
section, the county treasurer shall cause to be prepared and	1277
mailed or delivered to each person charged on that duplicate with	1278
taxes, or to an agent designated by such person, the tax bill	1279
prescribed by the tax commissioner under division (D)(7) of this	1280
section. When taxes are paid by installments, the county treasurer	1281
shall mail or deliver to each person charged on such duplicate or	1282
the agent designated by such person a second tax bill showing the	1283
amount due at the time of the second tax collection. The second	1284
half tax bill shall be mailed or delivered at least twenty days	1285
prior to the close of the second half tax collection period. A	1286
change in the mailing address of any tax bill shall be made in	1287
writing to the county treasurer. Failure to receive a bill	1288
required by this section does not excuse failure or delay to pay	1289
any taxes shown on the bill or, except as provided in division	1290
(B)(1) of section 5715.39 of the Revised Code, avoid any penalty,	1291
interest, or charge for such delay.	1292

(b) After delivery of the copy of the delinquent manufactured	1293
home tax list under division (H) of this section, the county	1294
treasurer may prepare and mail to each person in whose name a home	1295
is listed an additional tax bill showing the total amount of	1296
delinquent taxes charged against the home as shown on the list.	1297
The tax bill shall include a notice that the interest charge	1298
prescribed by division (G) of this section has begun to accrue.	1299

(7) Each tax bill prepared and mailed or delivered under	1300
division (D)(6) of this section shall be in the form and contain	1301
the information required by the tax commissioner. The commissioner	1302
may prescribe different forms for each county and may authorize	1303
the county auditor to make up tax bills and tax receipts to be	1304
used by the county treasurer. The tax bill shall not contain or be	1305
mailed or delivered with any information or material that is not	1306
required by this section or that is not authorized by section	1307
321.45 of the Revised Code or by the tax commissioner. In addition	1308
to the information required by the commissioner, each tax bill	1309
shall contain the following information:	1310

(a) The taxes levied and the taxes charged and payable	1311
against the manufactured or mobile home;	1312

(b) The following notice: "Notice: If the taxes are not paid	1313
within sixty days after the county auditor delivers the delinquent	1314
manufactured home tax list to the county treasurer, you and your	1315
home may be subject to collection proceedings for tax	1316
delinquency." Failure to provide such notice has no effect upon	1317
the validity of any tax judgment to which a home may be subjected.	1318

(c) In the case of manufactured or mobile homes taxed under	1319
division (D)(2) of this section, the following additional	1320
information:	1321

(i) The effective tax rate. The words "effective tax rate"	1322
shall appear in boldface type.	1323

(ii) The following notice: "Notice: If the taxes charged	1324
against this home have been reduced by the 2-1/2 per cent tax	1325
reduction for residences occupied by the owner but the home is not	1326
a residence occupied by the owner, the owner must notify the	1327
county auditor's office not later than March 31 of the year for	1328
which the taxes are due. Failure to do so may result in the owner	1329
being convicted of a fourth degree misdemeanor, which is	1330
punishable by imprisonment up to 30 days, a fine up to $250, or	1331
both, and in the owner having to repay the amount by which the	1332
taxes were erroneously or illegally reduced, plus any interest	1333
that may apply.	1334

If the taxes charged against this home have not been reduced	1335
by the 2-1/2 per cent tax reduction and the home is a residence	1336
occupied by the owner, the home may qualify for the tax reduction.	1337
To obtain an application for the tax reduction or further	1338
information, the owner may contact the county auditor's office at	1339
.......... (insert the address and telephone number of the county	1340
auditor's office)."	1341

(E)(1) A manufactured or mobile home is not subject to this	1342
section when any of the following applies:	1343

(a) It is taxable as personal property pursuant to section	1344
5709.01 of the Revised Code. Any manufactured or mobile home that	1345
is used as a residence shall be subject to this section and shall	1346
not be taxable as personal property pursuant to section 5709.01 of	1347
the Revised Code.	1348

(b) It bears a license plate issued by any state other than	1349
this state unless the home is in this state in excess of an	1350
accumulative period of thirty days in any calendar year.	1351

(c) The annual tax has been paid on the home in this state	1352
for the current year.	1353

(d) The tax commissioner has determined, pursuant to section	1354
5715.27 of the Revised Code, that the property is exempt from	1355
taxation, or would be exempt from taxation under Chapter 5709. of	1356
the Revised Code if it were classified as real property.	1357

(2) A travel trailer or park trailer, as these terms are	1358
defined in section 4501.01 of the Revised Code, is not subject to	1359
this section if it is unused or unoccupied and stored at the	1360
owner's normal place of residence or at a recognized storage	1361
facility.	1362

(3) A travel trailer or park trailer, as these terms are	1363
defined in section 4501.01 of the Revised Code, is subject to this	1364
section and shall be taxed as a manufactured or mobile home if it	1365
has a situs longer than thirty days in one location and is	1366
connected to existing utilities, unless either of the following	1367
applies:	1368

(a) The situs is in a state facility or a camping or park	1369
area as defined in division (B)(C), (G)(P), (H)(R), or (R)(U) of	1370
section 3733.013729.01 of the Revised Code;.	1371

(b) The situs is in a camping or park area that is a tract of	1372
land that has been limited to recreational use by deed or zoning	1373
restrictions and subdivided for sale of five or more individual	1374
lots for the express or implied purpose of occupancy by either	1375
self-contained recreational vehicles as defined in division (E)(S)	1376
of section 3733.013729.01 of the Revised Code or by dependent	1377
recreational vehicles as defined in division (F)(D) of section	1378
3733.013729.01 of the Revised Code.	1379

(F) Except as provided in division (D)(3) of this section,	1380
the manufactured home tax is due and payable as follows:	1381

(1) When a manufactured or mobile home has a situs in this	1382
state, as provided in this section, on the first day of January,	1383
one-half of the amount of the tax is due and payable on or before	1384
the first day of March and the balance is due and payable on or	1385
before the thirty-first day of July. At the option of the owner of	1386
the home, the tax for the entire year may be paid in full on the	1387
first day of March.	1388

(2) When a manufactured or mobile home first acquires a situs	1389
in this state after the first day of January, no tax is due and	1390
payable for that year.	1391

(G)(1) If one-half of the current taxes charged under this	1392
section against a manufactured or mobile home, together with the	1393
full amount of any delinquent taxes or any installment thereof	1394
required to be paid under a written undertaking, are not paid on	1395
or before the thirty-first day of January in that year, or on or	1396
before the last day for such payment as extended pursuant to	1397
section 4503.063 of the Revised Code, a penalty of ten per cent	1398
shall be charged against the unpaid balance of such half of the	1399
current taxes. If the total amount of all such taxes is not paid	1400
on or before the thirty-first day of July, next thereafter, or on	1401
or before the last day for such payment as extended pursuant to	1402
section 4503.063 of the Revised Code, a like penalty shall be	1403
charged on the balance of the total amount of such unpaid current	1404
taxes.	1405

(2)(a) On the first day of the month following the last day	1406
the second installment of taxes may be paid without penalty	1407
beginning in 2000, interest shall be charged against and computed	1408
on all delinquent taxes other than the current taxes that became	1409
delinquent taxes at the close of the last day such second	1410
installment could be paid without penalty. The charge shall be for	1411
interest that accrued during the period that began on the	1412
preceding first day of December and ended on the last day of the	1413
month that included the last date such second installment could be	1414
paid without penalty. The interest shall be computed at the rate	1415
per annum prescribed by section 5703.47 of the Revised Code and	1416
shall be entered as a separate item on the delinquent manufactured	1417
home tax list compiled under division (H) of this section.	1418

(b) On the first day of December beginning in 2000, the	1419
interest shall be charged against and computed on all delinquent	1420
taxes. The charge shall be for interest that accrued during the	1421
period that began on the first day of the month following the last	1422
date prescribed for the payment of the second installment of taxes	1423
in the current year and ended on the immediately preceding last	1424
day of November. The interest shall be computed at the rate per	1425
annum prescribed by section 5703.47 of the Revised Code and shall	1426
be entered as a separate item on the delinquent manufactured home	1427
tax list.	1428

(c) After a valid undertaking has been entered into for the	1429
payment of any delinquent taxes, no interest shall be charged	1430
against such delinquent taxes while the undertaking remains in	1431
effect in compliance with section 323.31 of the Revised Code. If a	1432
valid undertaking becomes void, interest shall be charged against	1433
the delinquent taxes for the periods that interest was not	1434
permitted to be charged while the undertaking was in effect. The	1435
interest shall be charged on the day the undertaking becomes void	1436
and shall equal the amount of interest that would have been	1437
charged against the unpaid delinquent taxes outstanding on the	1438
dates on which interest would have been charged thereon under	1439
divisions (G)(1) and (2) of this section had the undertaking not	1440
been in effect.	1441

(3) If the full amount of the taxes due at either of the	1442
times prescribed by division (F) of this section is paid within	1443
ten days after such time, the county treasurer shall waive the	1444
collection of and the county auditor shall remit one-half of the	1445
penalty provided for in this division for failure to make that	1446
payment by the prescribed time.	1447

(4) The treasurer shall compile and deliver to the county	1448
auditor a list of all tax payments the treasurer has received as	1449
provided in division (G)(3) of this section. The list shall	1450
include any information required by the auditor for the remission	1451
of the penalties waived by the treasurer. The taxes so collected	1452
shall be included in the settlement next succeeding the settlement	1453
then in process.	1454

(H)(1) Beginning in 2000, the county auditor shall compile	1455
annually a "delinquent manufactured home tax list" consisting of	1456
homes the county treasurer's records indicate have taxes that were	1457
not paid within the time prescribed by divisions (D)(3) and (F) of	1458
this section, have taxes that remain unpaid from prior years, or	1459
have unpaid tax penalties or interest that have been assessed.	1460

(2) Within thirty days after the settlement under division	1461
(H)(2) of section 321.24 of the Revised Code beginning in 2000,	1462
the county auditor shall deliver a copy of the delinquent	1463
manufactured home tax list to the county treasurer. The auditor	1464
shall update and publish the delinquent manufactured home tax list	1465
annually in the same manner as delinquent real property tax lists	1466
are published. The county auditor shall apportion the cost of	1467
publishing the list among taxing districts in proportion to the	1468
amount of delinquent manufactured home taxes so published that	1469
each taxing district is entitled to receive upon collection of	1470
those taxes.	1471

(3) When taxes, penalties, or interest are charged against a	1472
person on the delinquent manufactured home tax list and are not	1473
paid within sixty days after the list is delivered to the county	1474
treasurer, the county treasurer shall, in addition to any other	1475
remedy provided by law for the collection of taxes, penalties, and	1476
interest, enforce collection of such taxes, penalties, and	1477
interest by civil action in the name of the treasurer against the	1478
owner for the recovery of the unpaid taxes following the	1479
procedures for the recovery of delinquent real property taxes in	1480
sections 323.25 to 323.28 of the Revised Code. The action may be	1481
brought in municipal or county court, provided the amount charged	1482
does not exceed the monetary limitations for original jurisdiction	1483
for civil actions in those courts.	1484

It is sufficient, having made proper parties to the suit, for	1485
the treasurer to allege in the treasurer's bill of particulars or	1486
petition that the taxes stand chargeable on the books of the	1487
county treasurer against such person, that they are due and	1488
unpaid, and that such person is indebted in the amount of taxes	1489
appearing to be due the county. The treasurer need not set forth	1490
any other matter relating thereto. If it is found on the trial of	1491
the action that the person is indebted to the state, judgment	1492
shall be rendered in favor of the treasurer prosecuting the	1493
action. The judgment debtor is not entitled to the benefit of any	1494
law for stay of execution or exemption of property from levy or	1495
sale on execution in the enforcement of the judgment.	1496

(I) The total amount of taxes collected shall be distributed	1497
in the following manner: four per cent shall be allowed as	1498
compensation to the county auditor for the county auditor's	1499
service in assessing the taxes; two per cent shall be allowed as	1500
compensation to the county treasurer for the services the county	1501
treasurer renders as a result of the tax levied by this section.	1502
Such amounts shall be paid into the county treasury, to the credit	1503
of the county general revenue fund, on the warrant of the county	1504
auditor. Fees to be paid to the credit of the real estate	1505
assessment fund shall be collected pursuant to division (B) of	1506
section 319.54 of the Revised Code and paid into the county	1507
treasury, on the warrant of the county auditor. The balance of the	1508
taxes collected shall be distributed among the taxing subdivisions	1509
of the county in which the taxes are collected and paid in the	1510
same ratio as those taxes were collected for the benefit of the	1511
taxing subdivision. The taxes levied and revenues collected under	1512
this section shall be in lieu of any general property tax and any	1513
tax levied with respect to the privilege of using or occupying a	1514
manufactured or mobile home in Ohiothis state except as provided	1515
in sections 4503.04 and 5741.02 of the Revised Code.	1516

(J) An agreement to purchase or a bill of sale for a	1517
manufactured home shall show whether or not the furnishings and	1518
equipment are included in the purchase price.	1519

(K) If the county treasurer and the county prosecuting	1520
attorney agree that an item charged on the delinquent manufactured	1521
home tax list is uncollectible, they shall certify that	1522
determination and the reasons to the county board of revision. If	1523
the board determines the amount is uncollectible, it shall certify	1524
its determination to the county auditor, who shall strike the item	1525
from the list.	1526

(L)(1) The county auditor shall appraise at its true value	1527
any manufactured or mobile home in which ownership is transferred	1528
or which first acquires situs in this state on or after January 1,	1529
2000, and any manufactured or mobile home the owner of which has	1530
elected, under division (D)(4) of this section, to have the home	1531
taxed under division (D)(2) of this section. The true value shall	1532
include the value of the home, any additions, and any fixtures,	1533
but not any furnishings in the home. In determining the true value	1534
of a manufactured or mobile home, the auditor shall consider all	1535
facts and circumstances relating to the value of the home,	1536
including its age, its capacity to function as a residence, any	1537
obsolete characteristics, and other factors that may tend to prove	1538
its true value.	1539

(2)(a) If a manufactured or mobile home has been the subject	1540
of an arm's length sale between a willing seller and a willing	1541
buyer within a reasonable length of time prior to the	1542
determination of true value, the auditor shall consider the sale	1543
price of the home to be the true value for taxation purposes.	1544

(b) The sale price in an arm's length transaction between a	1545
willing seller and a willing buyer shall not be considered the	1546
true value of the home if either of the following occurred after	1547
the sale:	1548

(i) The home has lost value due to a casualty;.

1549

(ii) An addition or fixture has been added to the home.

1550

(3) The auditor shall have each home viewed and appraised at	1551
least once in each six-year period in the same year in which real	1552
property in the county is appraised pursuant to Chapter 5713. of	1553
the Revised Code, and shall update the appraised values in the	1554
third calendar year following the appraisal. The person viewing or	1555
appraising a home may enter the home to determine by actual view	1556
any additions or fixtures that have been added since the last	1557
appraisal. In conducting the appraisals and establishing the true	1558
value, the auditor shall follow the procedures set forth for	1559
appraising real property in sections 5713.01 and 5713.03 of the	1560
Revised Code.	1561

(4) The auditor shall place the true value of each home on	1562
the manufactured home tax list upon completion of an appraisal.	1563

(5)(a) If the auditor changes the true value of a home, the	1564
auditor shall notify the owner of the home in writing, delivered	1565
by mail or in person. The notice shall be given at least thirty	1566
days prior to the issuance of any tax bill that reflects the	1567
change. Failure to receive the notice does not invalidate any	1568
proceeding under this section.	1569

(b) Any owner of a home or any other person or party listed	1570
in division (A)(1) of section 5715.19 of the Revised Code may file	1571
a complaint against the true value of the home as appraised under	1572
this section. The complaint shall be filed with the county auditor	1573
on or before the thirty-first day of March of the current tax year	1574
or the date of closing of the collection for the first half of	1575
manufactured home taxes for the current tax year, whichever is	1576
later. The auditor shall present to the county board of revision	1577
all complaints filed with the auditor under this section. The	1578
board shall hear and investigate the complaint and may take action	1579
on it as provided under sections 5715.11 to 5715.19 of the Revised	1580
Code.	1581

(c) If the county board of revision determines, pursuant to a	1582
complaint against the valuation of a manufactured or mobile home	1583
filed under this section, that the amount of taxes, assessments,	1584
or other charges paid was in excess of the amount due based on the	1585
valuation as finally determined, then the overpayment shall be	1586
refunded in the manner prescribed in section 5715.22 of the	1587
Revised Code.	1588

(d) Payment of all or part of a tax under this section for	1589
any year for which a complaint is pending before the county board	1590
of revision does not abate the complaint or in any way affect the	1591
hearing and determination thereof.	1592

(M) If the county auditor determines that any tax,	1593
assessment, charge, or any part thereof has been erroneously	1594
charged as a result of a clerical error as defined in section	1595
319.35 of the Revised Code, the county treasurer and the county	1596
board of revision shall remove the erroneous charges on the	1597
manufactured home tax list or delinquent manufactured home tax	1598
list, and refund any erroneous charges that have been collected,	1599
with interest, in the same manner as is prescribed in section	1600
319.36 of the Revised Code for erroneous charges against real	1601
property.	1602

(N) As used in this section and section 4503.061 of the	1603
Revised Code:	1604

(1) "Manufactured home taxes" includes taxes, penalties, and	1605
interest charged under division (C) or (G) of this section and any	1606
penalties charged under division (G) or (H)(5) of section 4503.061	1607
of the Revised Code.	1608

(2) "Current taxes" means all manufactured home taxes charged	1609
against a manufactured or mobile home that have not appeared on	1610
the manufactured home tax list for any prior year. Current taxes	1611
become delinquent taxes if they remain unpaid after the last day	1612
prescribed for payment of the second installment of current taxes	1613
without penalty, whether or not they have been certified	1614
delinquent.	1615

(3) "Delinquent taxes" means:

1616

(a) Any manufactured home taxes that were charged against a	1617
manufactured or mobile home for a prior year, including any	1618
penalties or interest charged for a prior year, and that remain	1619
unpaid;	1620

(b) Any current manufactured home taxes charged against a	1621
manufactured or mobile home that remain unpaid after the last day	1622
prescribed for payment of the second installment of current taxes	1623
without penalty, whether or not they have been certified	1624
delinquent, including any penalties or interest.	1625

Sec. 5321.01.  As used in this chapter:

1626

(A) "Tenant" means a person entitled under a rental agreement	1627
to the use and occupancy of residential premises to the exclusion	1628
of others.	1629

(B) "Landlord" means the owner, lessor, or sublessor of	1630
residential premises, the agent of the owner, lessor, or	1631
sublessor, or any person authorized by the owner, lessor, or	1632
sublessor to manage the premises or to receive rent from a tenant	1633
under a rental agreement.	1634

(C) "Residential premises" means a dwelling unit for	1635
residential use and occupancy and the structure of which it is a	1636
part, the facilities and appurtenances in it, and the grounds,	1637
areas, and facilities for the use of tenants generally or the use	1638
of which is promised the tenant. "Residential premises" includes a	1639
dwelling unit that is owned or operated by a college or	1640
university. "Residential premises" does not include any of the	1641
following:	1642

(1) Prisons, jails, workhouses, and other places of	1643
incarceration or correction, including, but not limited to,	1644
halfway houses or residential arrangements that are used or	1645
occupied as a requirement of a community control sanction, a	1646
post-release control sanction, or parole;	1647

(2) Hospitals and similar institutions with the primary	1648
purpose of providing medical services, and homes licensed pursuant	1649
to Chapter 3721. of the Revised Code;	1650

(3) Tourist homes, hotels, motels, recreational vehicle	1651
parks, recreation camps, combined park-camps, temporary	1652
park-camps, and other similar facilities where circumstances	1653
indicate a transient occupancy;	1654

(4) Elementary and secondary boarding schools, where the cost	1655
of room and board is included as part of the cost of tuition;	1656

(5) Orphanages and similar institutions;

1657

(6) Farm residences furnished in connection with the rental	1658
of land of a minimum of two acres for production of agricultural	1659
products by one or more of the occupants;	1660

(7) Dwelling units subject to sections 3733.41 to 3733.49 of	1661
the Revised Code;	1662

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

1663

(9) Occupancy in a facility licensed as an SRO facility	1664
pursuant to Chapter 3731. of the Revised Code, if the facility is	1665
owned or operated by an organization that is exempt from taxation	1666
under section 501(c)(3) of the "Internal Revenue Code of 1986,"	1667
100 Stat. 2085, 26 U.S.C.A. 501, as amended, or by an entity or	1668
group of entities in which such an organization has a controlling	1669
interest, and if either of the following applies:	1670

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

1671

(b) The occupancy is for participation in a program operated	1672
by the facility, or by a public entity or private charitable	1673
organization pursuant to a contract with the facility, to provide	1674
either of the following:	1675

(i) Services licensed, certified, registered, or approved by	1676
a governmental agency or private accrediting organization for the	1677
rehabilitation of mentally ill persons, developmentally disabled	1678
persons, adults or juveniles convicted of criminal offenses, or	1679
persons suffering from substance abuse;	1680

(ii) Shelter for juvenile runaways, victims of domestic	1681
violence, or homeless persons.	1682

(10) Emergency shelters operated by organizations exempt from	1683
federal income taxation under section 501(c)(3) of the "Internal	1684
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as	1685
amended, for persons whose circumstances indicate a transient	1686
occupancy, including homeless people, victims of domestic	1687
violence, and juvenile runaways.	1688

(D) "Rental agreement" means any agreement or lease, written	1689
or oral, which establishes or modifies the terms, conditions,	1690
rules, or any other provisions concerning the use and occupancy of	1691
residential premises by one of the parties.	1692

(E) "Security deposit" means any deposit of money or property	1693
to secure performance by the tenant under a rental agreement.	1694

(F) "Dwelling unit" means a structure or the part of a	1695
structure that is used as a home, residence, or sleeping place by	1696
one person who maintains a household or by two or more persons who	1697
maintain a common household.	1698

(G) "Controlled substance" has the same meaning as in section	1699
3719.01 of the Revised Code.	1700

(H) "Student tenant" means a person who occupies a dwelling	1701
unit owned or operated by the college or university at which the	1702
person is a student, and who has a rental agreement that is	1703
contingent upon the person's status as a student.	1704

(I) "Recreational vehicle park," "recreation camp," "combined	1705
park-camp," and "temporary park-camp" have the same meanings as in	1706
section 3733.013729.01 of the Revised Code.	1707

(J) "Community control sanction" has the same meaning as in	1708
section 2929.01 of the Revised Code.	1709

(K) "Post-release control sanction" has the same meaning as	1710
in section 2967.01 of the Revised Code.	1711

(L) "School premises" has the same meaning as in section	1712
2925.01 of the Revised Code.	1713

(M) "Sexually oriented offense" and "child-victim oriented	1714
offense" have the same meanings as in section 2950.01 of the	1715
Revised Code.	1716

Sec. 6111.46. (A) The environmental protection agency shall	1717
exercise general supervision of the treatment and disposal of	1718
sewage and industrial wastes and the operation and maintenance of	1719
works or means installed for the collection, treatment, and	1720
disposal of sewage and industrial wastes. Such general supervision	1721
shall apply to all features of construction, operation, and	1722
maintenance of the works or means that do or may affect the proper	1723
treatment and disposal of sewage and industrial wastes. The	1724

(B)(1) The agency shall investigate the works or means	1725
employed in the collection, treatment, and disposal of sewage and	1726
industrial wastes whenever considered necessary or whenever	1727
requested to do so by local health officials,and may adoptissue	1728
and enforce orders and shall adopt rules governing the operation	1729
and maintenance of the works or means of treatment and disposal of	1730
such sewage and industrial wastes, and. In adopting rules under	1731
this section, the agency shall establish standards governing the	1732
construction, operation, and maintenance of the works or means of	1733
collection, treatment, and disposal of sewage that is generated at	1734
recreational vehicle parks, recreation camps, combined park-camps,	1735
and temporary park-camps that are separate from such standards	1736
relative to mobile home parks.	1737

(2) As used in division (B)(1) of this section:

1738

(a) "Mobile home parks" has the same meaning as in section	1739
3733.01 of the Revised Code.	1740

(b) "Recreational vehicle parks," "recreation camps,"	1741
"combined park-camps," and "temporary park-camps" have the same	1742
meanings as in section 3729.01 of the Revised Code.	1743

(C) The agency may require the submission of records and data	1744
of construction, operation, and maintenance, including plans and	1745
descriptions of existing works or means of treatment and disposal	1746
of such sewage and industrial wastes. When the agency requires the	1747
submission of such records or information, the public officials or	1748
person, firm, or corporation having the works in charge shall	1749
comply promptly with that order.	1750

Section 2. That existing sections 1901.184, 1907.032,	1751
1923.01, 3701.83, 3709.085, 3709.09, 3733.01, 3733.02, 3733.021,	1752
3733.023, 3733.03, 3733.031, 3733.04, 3733.05, 3733.06, 3733.07,	1753
3733.081, 3733.082, 4503.06, 5321.01, and 6111.46 of the Revised	1754
Code are hereby repealed.	1755

Section 3. Licenses that were issued for recreational vehicle	1756
parks, recreation camps, combined park-camps, and temporary	1757
park-camps under Chapter 3733. of the Revised Code, as it existed	1758
prior to its amendment by this act, remain in effect until their	1759
expiration, at which time they shall be renewed in accordance with	1760
Chapter 3729. of the Revised Code, as enacted by this act.	1761

Section 4.  Section 3709.085 of the Revised Code is presented	1762
in this act as a composite of the section as amended by Am. Sub.	1763
H.B. 197 and S.B. 198, both of the 123rd General Assembly. The	1764
General Assembly, applying the principle stated in division (B) of	1765
section 1.52 of the Revised Code that amendments are to be	1766
harmonized if reasonably capable of simultaneous operation, finds	1767
that the composite is the resulting version of the section in	1768
effect prior to the effective date of the section as presented in	1769
this act.	1770