Section 1. That sections 1901.184, 1907.032, 1923.01, | 16 |
3701.83, 3709.085, 3709.09, 3733.01, 3733.02, 3733.021, 3733.023, | 17 |
3733.03, 3733.031, 3733.04, 3733.05, 3733.06, 3733.07, 3733.081, | 18 |
4503.06, 4736.01, 5321.01, and 6111.46 be amended, sections | 19 |
3733.023 (3729.04), 3733.081 (3729.12), and 3733.082 (3729.13) be | 20 |
amended for the purpose of adopting new section numbers as | 21 |
indicated in parentheses, and sections 3729.01, 3729.02, 3729.03, | 22 |
3729.05, 3729.06, 3729.07, 3729.08, 3729.09, 3729.10, 3729.11, and | 23 |
3729.99 of the Revised Code be enacted to read as follows: | 24 |
Sec. 1923.01. (A) As provided in this chapter, any judge
of | 32 |
a county or municipal court or a court of common pleas, within
the | 33 |
judge's proper area of jurisdiction, may inquire about persons
who | 34 |
make unlawful and forcible entry into lands or tenements and | 35 |
detain them, and about persons who make a lawful and peaceable | 36 |
entry into lands or tenements and hold them unlawfully and by | 37 |
force. If, upon
the inquiry, it is found that an unlawful
and | 38 |
forcible entry has been made and the lands or tenements are | 39 |
detained, or that, after a lawful entry, lands or tenements are | 40 |
held unlawfully and by force, a judge shall cause the plaintiff
in | 41 |
an action under this chapter to have restitution of the lands
or | 42 |
tenements. | 43 |
(5) "Rental agreement" means any agreement or lease,
written | 62 |
or oral, that establishes or modifies the terms,
conditions, | 63 |
rules, or
other provisions concerning the use or
occupancy of | 64 |
premises by one of the parties to the agreement or
lease, except | 65 |
that "rental agreement," as used in division
(A)(13) of
section | 66 |
1923.02 of the Revised Code and where the
context requires
as used | 67 |
in this chapter, means a rental
agreement as defined in
division | 68 |
(D) of section 5322.01 of the
Revised Code. | 69 |
Sec. 3701.83. (A) There is hereby created in the state | 79 |
treasury the
general operations fund. Moneys in the fund shall be | 80 |
used for the
purposes specified in sections 3701.04, 3701.344, | 81 |
3702.20, 3710.15,
3711.021, 3717.45, 3721.02, 3722.04, 3729.07, | 82 |
3733.04, 3733.25, 3733.43, 3748.04,
3748.05, 3748.07, 3748.12, | 83 |
3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and
4769.09 of the | 84 |
Revised Code. | 85 |
Sec. 3709.085. (A) The board of health of a city or
general | 94 |
health district may enter into a contract with any
political | 95 |
subdivision or other governmental agency to obtain or
provide all | 96 |
or part of any services, including, but not limited
to, | 97 |
enforcement services, for the purposes of Chapter 3704. of
the | 98 |
Revised Code, the rules adopted and orders made pursuant
thereto, | 99 |
or any other ordinances or rules for the prevention,
control, and | 100 |
abatement of air pollution. | 101 |
(a) "Semipublic disposal system" means a disposal system
that | 103 |
treats the sanitary sewage discharged from publicly
or
privately | 104 |
owned buildings or places of assemblage, entertainment, | 105 |
recreation, education, correction, hospitalization, housing, or | 106 |
employment, but does not include a disposal system that
treats | 107 |
sewage in amounts of more than twenty-five thousand gallons per | 108 |
day; a disposal system for the treatment of sewage that is exempt | 109 |
from the requirements of section 6111.04 of the Revised Code | 110 |
pursuant to division (F)(6) of that section; or a disposal system | 111 |
for the treatment of industrial waste. | 112 |
(2) The board of health of a city or general health
district | 115 |
may enter into a contract with the environmental
protection agency | 116 |
to conduct on behalf of the agency inspection
or enforcement | 117 |
services, for the purposes of Chapter 6111.
of the Revised Code | 118 |
and rules adopted thereunder,
for
the disposal or treatment of | 119 |
sewage from semipublic disposal
systems. The board of health of a | 120 |
city or general
health district may charge a fee established | 121 |
pursuant to section
3709.09 of the Revised Code to be paid by the | 122 |
owner or operator of a
semipublic disposal system
for
inspections | 123 |
conducted by the board pursuant to a contract entered
into under | 124 |
division (B)(2) of this section, except
that the board shall not | 125 |
charge
a fee for those inspections conducted at any manufactured | 126 |
home
park, recreational vehicle park, recreation camp, or combined | 127 |
park-camp that is licensed under section 3733.033729.05 of the | 128 |
Revised
Code or at any manufactured home park that is licensed | 129 |
under section 3733.03 of the Revised Code. | 130 |
Fees for services provided by the board for purposes | 139 |
specified in
sections 3701.344, 3711.05, 3729.07, 3730.03, | 140 |
3733.04,
3733.25, and
3749.04 of the Revised Code shall be | 141 |
established in accordance
with rules adopted under division (B) of | 142 |
this section. The
district advisory council, in the case of a | 143 |
general health
district, and the legislative authority of the | 144 |
city, in the case
of a city health district, may disapprove any | 145 |
fee established by
the board of health under this division, and | 146 |
any such fee, as
disapproved, shall not be charged by the board of | 147 |
health. | 148 |
(B) The public health
council shall adopt rules under section | 149 |
111.15 of the Revised
Code that establish fee categories and | 150 |
uniform methodologies for
use in calculating the costs of services | 151 |
provided for purposes
specified in sections 3701.344, 3711.05, | 152 |
3729.07, 3730.03,
3733.04, 3733.25, and 3749.04 of the Revised | 153 |
Code. In adopting the rules,
the public health council shall | 154 |
consider recommendations it
receives from advisory boards | 155 |
established either by statute or
the director of health for | 156 |
entities subject to the fees. | 157 |
(C) At least thirty days prior to establishing a fee for a | 158 |
service provided by the board for a purpose specified in section | 159 |
3701.344, 3711.05, 3729.07, 3730.03, 3733.04, 3733.25, or 3749.04 | 160 |
of the
Revised Code, a board of health shall notify any entity | 161 |
that would be
affected by the proposed fee of the amount of the | 162 |
proposed fee. | 163 |
(C) "Combined park-camp" means any tract of land upon which
a | 172 |
combination of
five or more self-contained recreational
vehicles | 173 |
or portable camping units are placed and includes any roadway, | 174 |
building, structure, vehicle, or enclosure used or intended for | 175 |
use as part of
the park facilities. A tract of land that is | 176 |
subdivided for
lease or other contract of the individual lots is a | 177 |
combined
park-camp if a combination of five or more recreational | 178 |
vehicles
or portable camping units are placed on it for | 179 |
recreation, vacation, or
business purposes. | 180 |
(E) "Development" means any artificial change to improved
or | 187 |
unimproved real estate, including, without limitation,
buildings | 188 |
or structures, dredging, filling, grading, paving, excavation or | 189 |
drilling operations, or storage of equipment or materials, and the | 190 |
construction, expansion, or
substantial alteration of a | 191 |
recreational
vehicle park, recreation
camp, or combined park-camp, | 192 |
for which plan review is
required
under division (A) of
section | 193 |
3729.03 of the Revised Code.
"Development" does not
include the | 194 |
building, construction,
erection, or manufacture of
any building | 195 |
to which section 3781.06
of the Revised Code is
applicable. | 196 |
(2) The collapse or subsidence of land along the shore of
a | 210 |
lake or other body of water as a result of erosion or
undermining | 211 |
that is caused by waves or currents of water
exceeding anticipated | 212 |
cyclical levels or that is suddenly caused
by an unusually high | 213 |
water level in a natural body of water, and
that is accompanied by | 214 |
a severe storm, by an unanticipated force
of nature, such as a | 215 |
flash flood, by an abnormal tidal surge, or
by some similarly | 216 |
unusual and unforeseeable event, that results
in flooding as | 217 |
defined in division (G)(1)(a) of this
section. | 218 |
(Q) "Recreation camp" means any tract of land upon which
five | 253 |
or more portable camping units are placed and includes any | 254 |
roadway, building, structure, vehicle, or enclosure used or | 255 |
intended for use as a part of the facilities of the camp. A
tract | 256 |
of land that is subdivided for lease or other contract of
the | 257 |
individual lots is a recreation camp if five or more portable | 258 |
camping units are placed on it for recreation, vacation, or | 259 |
business purposes. | 260 |
(S) "Recreational vehicle park" means any tract of land
used | 267 |
for parking five or more self-contained recreational
vehicles and | 268 |
includes any roadway, building, structure, vehicle,
or enclosure | 269 |
used or intended for use as part of the park
facilities and any | 270 |
tract of land that is subdivided for lease or
other contract of | 271 |
the individual lots for the express or implied
purpose of placing | 272 |
self-contained recreational vehicles for
recreation, vacation, or | 273 |
business purposes. | 274 |
(U) "Substantially alter" means a change in the layout or | 285 |
design of a recreational vehicle park,
recreation camp, combined | 286 |
park-camp, or temporary park-camp,
including, without limitation, | 287 |
the movement of utilities or
changes in established streets, lots, | 288 |
or sites or in other
facilities. | 289 |
Sec. 3729.02. (A) The public health council, subject to | 301 |
Chapter 119. of
the Revised Code, shall adopt rules of uniform | 302 |
application
throughout the state governing the review of plans and | 303 |
issuance
of licenses for and the location, layout, construction, | 304 |
drainage,
sanitation, safety, and operation of recreational | 305 |
vehicle parks,
recreation camps, and combined park-camps. The | 306 |
rules shall not
apply to the construction, erection, or | 307 |
manufacture of any
building to which section 3781.06 of the | 308 |
Revised Code is
applicable. | 309 |
(B) The public health council, subject to Chapter 119. of
the | 310 |
Revised Code, shall adopt rules of uniform application
throughout | 311 |
the state governing the review of plans and issuance
of licenses | 312 |
for and the layout, sanitation, safety, and operation
of temporary | 313 |
park-camps. The rules shall not apply to the
construction, | 314 |
erection, or manufacture of any building to which
section 3781.06 | 315 |
of the Revised Code is applicable. | 316 |
Sec. 3729.03. (A) No person shall cause development to
occur | 317 |
within any portion of a recreational vehicle park, recreation | 318 |
camp, or combined park-camp
until the plans for the development | 319 |
have been submitted to and
reviewed and approved by the director | 320 |
of health. This division
does not require that plans be submitted | 321 |
to the director for
approval for the replacement
of recreational | 322 |
vehicles or portable camping units on previously
approved sites in | 323 |
a recreational vehicle park, recreation camp,
or combined | 324 |
park-camp when no development is to occur in
connection with the | 325 |
replacement. Within thirty days after
receipt of the plans, all | 326 |
supporting documents and materials
required to complete the | 327 |
review, and the applicable plan review
fee established under | 328 |
division (D) of this section, the director
shall approve or | 329 |
disapprove the plans. | 330 |
(E) The director shall charge the appropriate fees | 348 |
established under division (D) of this section for reviewing
plans | 349 |
under division (A) of this section and conducting
inspections | 350 |
under division (C) of this section. All such plan
review and | 351 |
inspection fees received by the director shall be
transmitted to | 352 |
the treasurer of state and shall be credited to
the general | 353 |
operations fund created in section 3701.83 of the
Revised Code. | 354 |
Moneys so credited to the fund shall be used only
for the purpose | 355 |
of administering and enforcing this chapter and rules adopted | 356 |
under it. | 357 |
Sec. 3733.023. Sec. 3729.04. (A) No person shall cause development | 363 |
to
occur within any portion of a recreational vehicle park, | 364 |
recreation camp, combined park-camp, or temporary park-camp that | 365 |
is located within a one-hundred-year flood plain in a municipal | 366 |
corporation unless the person first obtains a permit therefor
from | 367 |
the municipal corporation in accordance with the flood plain | 368 |
management ordinance of the municipal corporation. | 369 |
(B) No person shall cause development to occur within any | 370 |
portion of a recreational vehicle park, recreation camp, combined | 371 |
park-camp, or temporary park-camp that is located within a | 372 |
one-hundred-year flood plain in an unincorporated area unless the | 373 |
person first obtains a permit therefor from the board of county | 374 |
commissioners of the county in which the development is to occur | 375 |
in accordance with the flood plain management resolution of the | 376 |
county adopted under section 307.37 of the Revised Code. | 377 |
(C) If development for which a permit is required under | 378 |
division (A) or (B) of this section is to occur on a site where a | 379 |
recreational vehicle or portable camping unit is or is to be | 380 |
located, the owner of the recreational vehicle or portable
camping | 381 |
unit and the operator of the recreational vehicle park,
recreation | 382 |
camp, or combined park-camp shall jointly obtain the
permit. Each | 383 |
of the persons to whom a permit is jointly issued
is responsible | 384 |
for compliance with the provisions of the approved
permit that are | 385 |
applicable to that person. | 386 |
Sec. 3729.05. (A)(1) On or after the first day of April, but | 395 |
before the
first day of May of each year, every person who intends | 396 |
to
operate a recreational vehicle park, recreation camp, or | 397 |
combined
park-camp shall procure a license to operate the park or | 398 |
camp
from the licensor. If the applicable license fee prescribed | 399 |
under section 3729.07 of the Revised Code is not received by the | 400 |
licensor by the close of business on the last day of April, the | 401 |
applicant for the license shall pay a penalty equal to
twenty-five | 402 |
per cent of the applicable license fee. The penalty
shall | 403 |
accompany the license fee. If the last day of April is not
a | 404 |
business day, the penalty attaches upon the close of business
on | 405 |
the next business day. | 406 |
(3) No recreational vehicle park,
recreation camp, combined | 411 |
park-camp, or temporary park-camp shall be maintained or
operated | 412 |
in this state without a license.
However, no person who neither | 413 |
intends to receive nor receives
anything of value arising from the | 414 |
use of, or the sale of goods
or services in connection with the | 415 |
use of, a recreational vehicle
park, recreation camp, combined | 416 |
park-camp, or temporary park-camp
is required to procure a license | 417 |
under this division. If any
health hazard exists at such an | 418 |
unlicensed park, camp, or
park-camp, the health hazard shall be | 419 |
corrected in a manner
consistent with the appropriate rule adopted | 420 |
under division (A) or (B) of section 3729.02 of the Revised Code. | 421 |
(4) No person who has received a license under division | 422 |
(A)(1) of this section, upon the sale or
disposition of the | 423 |
recreational vehicle
park, recreation camp, or combined park-camp, | 424 |
may have the
license transferred to the new operator. A person | 425 |
shall obtain a
separate license to operate each
recreational | 426 |
vehicle park, recreation camp, or combined
park-camp. No license | 427 |
to operate a temporary park-camp shall be
transferred. A person | 428 |
shall obtain a separate license for each
temporary park-camp that | 429 |
the person intends to operate, and the
license shall
be valid for | 430 |
a period of not longer than seven consecutive days.
A person who | 431 |
operates a temporary park-camp on a tract of land for more
than | 432 |
twenty-one days or parts thereof in a calendar year shall
obtain a | 433 |
license to operate a recreational vehicle park,
recreation camp, | 434 |
or combined park-camp. | 435 |
(C) Each person applying for an initial license to operate
a | 450 |
recreational vehicle park, recreation
camp, combined park-camp, or | 451 |
temporary park-camp shall provide
acceptable proof to the | 452 |
director, or to the licensor in
the case of a temporary park-camp, | 453 |
that adequate fire protection
will be provided and that applicable | 454 |
fire codes will be adhered
to in the construction and operation of | 455 |
the park, camp, or
park-camp. | 456 |
(D) Any person that operates a county or state fair or any | 457 |
independent agricultural society organized pursuant to section | 458 |
1711.02 of the Revised Code that operates a fair shall not be | 459 |
required to obtain a license under this chapter if recreational | 460 |
vehicles, portable camping
units, or any combination of them are | 461 |
parked at the site of the
fair only during the time of preparation | 462 |
for, operation of, and
dismantling of the fair and if the | 463 |
recreational vehicles,
portable camping units, or any combination | 464 |
of them belong to
participants in the fair. | 465 |
Sec. 3729.06. (A) The director of health may survey
annually | 466 |
each health district that is licensing recreational vehicle parks, | 467 |
recreation camps, combined
park-camps, or temporary park-camps as | 468 |
provided in section
3729.05 of the Revised Code to determine | 469 |
whether the district is
in substantial compliance with this | 470 |
chapter and rules adopted under it. Upon
determination that there | 471 |
is substantial compliance, the director
shall place the health | 472 |
district on an approved list. The
director shall make a resurvey | 473 |
when in the director's
opinion a resurvey is
necessary and shall | 474 |
remove from the approved list any health
district not | 475 |
substantially complying with this chapter and rules adopted under | 476 |
it. | 477 |
(B) If, after a survey or resurvey is made as provided in | 478 |
this section, the director determines that a health district is | 479 |
not eligible to be placed on the approved list or to continue on | 480 |
the list, the director shall certify that fact to the board
of | 481 |
health of
the health district. The director shall administer and | 482 |
enforce
this chapter and rules
adopted under it in the health | 483 |
district until the director
determines
that the health district is | 484 |
eligible for placement on the
approved list. Until the district is | 485 |
placed on or returned to
the approved list, the director shall | 486 |
collect all fees payable to
a board of health under section | 487 |
3729.07 of the Revised Code and
all such fees previously paid that | 488 |
have not been expended or
encumbered for deposit in the state | 489 |
treasury to the credit of the
campground licensing fund, which is | 490 |
hereby created for use
by the director in the director's capacity | 491 |
as licensor. The
director shall
repay any balance remaining in the | 492 |
account to the district when
the director places the district on | 493 |
the approved list. | 494 |
Sec. 3729.07. The licensor of a recreational vehicle park, | 495 |
recreation camp, or combined park-camp
may charge a fee for an | 496 |
annual license to operate such a park,
camp, or park-camp. In the | 497 |
case of a temporary park-camp, the
licensor may charge a fee for a | 498 |
license to operate the temporary
park-camp for the period | 499 |
specified in division (A) of section
3729.05 of the Revised Code. | 500 |
The fees for both types of licenses
shall be determined in | 501 |
accordance with section 3709.09 of the
Revised Code and shall | 502 |
include the cost of licensing and all
inspections. | 503 |
Except for the fee for a temporary park-camp license, the
fee | 504 |
also shall include any additional amount determined by rule
of the | 505 |
public health council, which shall be collected and
transmitted by | 506 |
the board of health to the treasurer of state to
be credited to | 507 |
the general operations fund created in section
3701.83 of the | 508 |
Revised Code and used only for the purpose of
administering and | 509 |
enforcing this chapter and rules adopted under it. The
portion of | 510 |
any fee retained by the board of health shall be paid
into a | 511 |
special fund and used only for the purpose of
administering and | 512 |
enforcing this chapter and rules adopted under it. | 513 |
Sec. 3729.08. The licensor of the health district in which a | 514 |
recreational vehicle park, recreation camp, combined park-camp, or | 515 |
temporary park-camp is or is to be located, in accordance with | 516 |
Chapter 119. of
the Revised Code, may refuse to grant, may | 517 |
suspend, or may revoke any license
granted to any person for | 518 |
failure to comply with this chapter or with any rule adopted by | 519 |
the public health council
under section 3729.02 of the Revised | 520 |
Code. | 521 |
Sec. 3729.10. Fees authorized or charged under sections | 529 |
3729.03
and 3729.07 of the Revised Code are in lieu of all license | 530 |
and inspection fees
on or with respect to the operation or | 531 |
ownership of recreational vehicle parks, combined park-camps, | 532 |
recreation camps, or
temporary park-camps within this state, | 533 |
except that the licensor may charge
additional reasonable fees for | 534 |
the collection and bacteriological examination
of any necessary | 535 |
water samples taken from any such park, camp, or park-camp. | 536 |
Sec. 3733.081. Sec. 3729.12. Every campsite use agreement entered | 544 |
into
between a
camp operator and a campsite user shall be in | 545 |
writing,
shall contain
the name, address, and phone number of the | 546 |
campsite
user, and shall designate the campsite that is the | 547 |
subject of the
agreement. The campsite use
agreement also shall | 548 |
contain a
description of the procedure for
removing
property from | 549 |
the
campsite if the campsite user fails to
remove all property | 550 |
from
the campsite
as required by section
3733.0823729.13 of the | 551 |
Revised Code. | 552 |
Sec. 3733.082. Sec. 3729.13. (A) A campsite user who enters into a | 553 |
campsite
use
agreement with a camp operator for the use of a | 554 |
campsite at
a
recreational vehicle park, recreation camp, combined | 555 |
park-camp,
or
temporary park-camp, at the expiration of the | 556 |
campsite use
period
under
the agreement, shall remove from the | 557 |
campsite all of
the
campsite user's property and all property any | 558 |
other person
placed
on the
campsite with the permission of the | 559 |
campsite user.
If the
campsite user fails to
remove all of that | 560 |
property from the
campsite within the five-consecutive-day period | 561 |
after the
expiration of that campsite use period, all of the | 562 |
following
apply: | 563 |
(6) Upon the removal and storage of the property, the | 613 |
sheriff, peace officer, bailiff, or camp operator shall conduct
or | 614 |
cause to be
conducted a search of the appropriate public
records | 615 |
that relate
to the property and shall make or cause to be
made | 616 |
reasonably
diligent inquiries for the purpose of identifying | 617 |
persons who have
any right, title, or interest in any of the | 618 |
property. Then, the
sheriff, peace officer, bailiff, or camp | 619 |
operator may commence proceedings for
the sale of the property. | 620 |
The sheriff, peace officer, bailiff, or camp operator
shall send | 621 |
by certified mail, return receipt requested, a written
notice of | 622 |
the date, time, and place of the sale to each person
who, because | 623 |
of the conduct of the search, the making of
inquiries, or | 624 |
otherwise, the sheriff, peace officer, bailiff, or camp operator | 625 |
believes has any right, title, or interest in the property. The | 626 |
sheriff, peace officer, bailiff, or camp operator shall send the | 627 |
notice to the
last known address of each of those persons. | 628 |
(A) "Manufactured home park" means any tract of land upon | 661 |
which three or more manufactured or mobile homes used for | 662 |
habitation are
parked, either free of charge or for revenue | 663 |
purposes, and
includes any roadway, building, structure, vehicle, | 664 |
or enclosure used or
intended for use as a part of the facilities | 665 |
of the park. "Manufactured home
park" does not include any of the | 666 |
following: | 667 |
(B) "Recreational vehicle park" means any tract of land
used | 679 |
for parking five or more self-contained recreational
vehicles and | 680 |
includes any roadway, building, structure, vehicle,
or enclosure | 681 |
used or intended for use as part of the park
facilities and any | 682 |
tract of land that is subdivided for lease or
other contract of | 683 |
the individual lots for the express or implied
purpose of placing | 684 |
self-contained recreational vehicles for
recreation, vacation, or | 685 |
business purposes. | 686 |
(G) "Recreation camp" means any tract of land upon which
five | 706 |
or more portable camping units are placed and includes any | 707 |
roadway, building, structure, vehicle, or enclosure used or | 708 |
intended for use as a part of the facilities of the camp. A
tract | 709 |
of land that is subdivided for lease or other contract of
the | 710 |
individual lots is a recreation camp if five or more portable | 711 |
camping units are placed on it for recreation, vacation, or | 712 |
business purposes. | 713 |
(H) "Combined park-camp" means any tract of land upon which
a | 717 |
combination of
five or more self-contained recreational
vehicles | 718 |
or portable camping units are placed and includes any roadway, | 719 |
building, structure, vehicle, or enclosure used or intended for | 720 |
use as part of
the park facilities. A tract of land that is | 721 |
subdivided for
lease or other contract of the individual lots is a | 722 |
combined
park-camp if a combination of five or more recreational | 723 |
vehicles
or portable camping units are placed on it for | 724 |
recreation, vacation, or
business purposes. | 725 |
(S)(L) "Development" means any artificial change to improved | 770 |
or
unimproved real estate, including, without limitation, | 771 |
buildings
or structures, dredging, filling, grading, paving, | 772 |
excavation or
drilling operations, or storage of equipment or | 773 |
materials, and the
construction, expansion, or
substantial | 774 |
alteration of a
manufactured home park, recreational
vehicle park, | 775 |
recreation
camp, or combined park-camp, for which plan review is | 776 |
required
under division (A) of
section 3733.021 of the Revised | 777 |
Code.
"Development" does not
include the building, construction, | 778 |
erection, or manufacture of
any building to which section 3781.06 | 779 |
of the Revised Code is
applicable. | 780 |
(2) The collapse or subsidence of land along the shore of
a | 792 |
lake or other body of water as a result of erosion or
undermining | 793 |
that is caused by waves or currents of water
exceeding anticipated | 794 |
cyclical levels or that is suddenly caused
by an unusually high | 795 |
water level in a natural body of water, and
that is accompanied by | 796 |
a severe storm, by an unanticipated force
of nature, such as a | 797 |
flash flood, by an abnormal tidal surge, or
by some similarly | 798 |
unusual and unforeseeable event, that results
in flooding as | 799 |
defined in division (T)(M)(1)(a) of this
section. | 800 |
(Z)(S) "Substantially alter" means a change in the layout or | 818 |
design of a manufactured home park, recreational vehicle park, | 819 |
recreation camp, combined park-camp, or temporary park-camp, | 820 |
including, without limitation, the movement of utilities or | 821 |
changes in established streets, lots, or sites or in other | 822 |
facilities. In the case of manufactured home parks located
within | 823 |
a one-hundred-year flood plain, "substantially alter"
also | 824 |
includes changes in elevation resulting from the addition of
fill, | 825 |
grading, or excavation that may affect flood plain
management. | 826 |
Sec. 3733.02. (A)(1) The public health council, subject to | 841 |
Chapter 119. of the Revised Code, shall adopt, and has the | 842 |
exclusive power to adopt, rules of uniform application throughout | 843 |
the state governing the review of plans, issuance of flood plain | 844 |
management permits, and issuance of licenses for manufactured
home | 845 |
parks; the location, layout, density, construction, drainage, | 846 |
sanitation, safety, and operation of those parks; blocking and | 847 |
tiedowns of mobile and manufactured homes in those parks; and | 848 |
notices
of flood events concerning, and flood protection at, those | 849 |
parks.
The rules pertaining to flood plain management shall be | 850 |
consistent with and not less stringent than the flood plain | 851 |
management criteria of the national flood insurance program | 852 |
adopted under the "National Flood Insurance Act of 1968," 82
Stat. | 853 |
572, 42 U.S.C.A. 4001, as amended. The rules shall not apply to | 854 |
the
construction, erection, or manufacture of any building to | 855 |
which section
3781.06 of the Revised Code is applicable. | 856 |
(B) The public health council, subject to Chapter 119. of
the | 863 |
Revised Code, shall adopt rules of uniform application
throughout | 864 |
the state governing the review of plans and issuance
of licenses | 865 |
for and the location, layout, construction, drainage,
sanitation, | 866 |
safety, and operation of recreational vehicle parks,
recreation | 867 |
camps, and combined park-camps. The rules shall not
apply to the | 868 |
construction, erection, or manufacture of any
building to which | 869 |
section 3781.06 of the Revised Code is
applicable. | 870 |
(C) The public health council, subject to Chapter 119. of
the | 871 |
Revised Code, shall adopt rules of uniform application
throughout | 872 |
the state governing the review of plans and issuance
of licenses | 873 |
for and the layout, sanitation, safety, and operation
of temporary | 874 |
park-camps. The rules shall not apply to the
construction, | 875 |
erection, or manufacture of any building to which
section 3781.06 | 876 |
of the Revised Code is applicable. | 877 |
(D) The public health council, in accordance with Chapter | 878 |
119. of the Revised Code, shall adopt rules of uniform
application | 879 |
throughout the state establishing requirements and
procedures in | 880 |
accordance with which the director of health may
authorize | 881 |
licensors for the purposes of sections 3733.022 and
3733.025 of | 882 |
the Revised Code. The rules shall include at least
provisions | 883 |
under which a licensor may enter into contracts for
the purpose of | 884 |
fulfilling the licensor's responsibilities under
either or both of | 885 |
those sections. | 886 |
Sec. 3733.021. (A) No person shall cause development to | 887 |
occur within any portion of a manufactured home park,
recreational | 888 |
vehicle park, recreation camp, or combined park-camp
until the | 889 |
plans for the development have been submitted to and
reviewed and | 890 |
approved by the director of health. This division
does not require | 891 |
that plans be submitted to the director for
approval for the | 892 |
replacement of manufactured or mobile homes on previously
approved | 893 |
lots in a manufactured home park or for the replacement
of | 894 |
recreational vehicles or portable camping units on previously | 895 |
approved sites in a recreational vehicle park, recreation camp,
or | 896 |
combined park-camp when no development is to occur in
connection | 897 |
with the replacement. Within thirty days after
receipt of the | 898 |
plans, all supporting documents and materials
required to complete | 899 |
the review, and the applicable plan review
fee established under | 900 |
division (D) of this section, the director
shall approve or | 901 |
disapprove the plans. | 902 |
(C) The director shall establish a system by which | 910 |
development occurring within a manufactured home park, | 911 |
recreational vehicle park, recreation camp, or combined park-camp | 912 |
is inspected or verified in accordance with rules adopted under | 913 |
division (A) or (B), as appropriate, of section 3733.02 of the | 914 |
Revised Code to ensure that the development complies with the | 915 |
plans approved under division (A) of this section. | 916 |
(E) The director shall charge the appropriate fees | 920 |
established under division (D) of this section for reviewing
plans | 921 |
under division (A) of this section and conducting
inspections | 922 |
under division (C) of this section. All such plan
review and | 923 |
inspection fees received by the director shall be
transmitted to | 924 |
the treasurer of state and shall be credited to
the general | 925 |
operations fund created in section 3701.83 of the
Revised Code. | 926 |
Moneys so credited to the fund shall be used only
for the purpose | 927 |
of administering and enforcing sections 3733.01
to 3733.08 of the | 928 |
Revised Code and rules adopted under those
sections. | 929 |
Sec. 3733.03. (A)(1) On or after the first day of
December, | 935 |
but before the first day of January of the next year,
every person | 936 |
who intends to operate a manufactured home park
shall procure a | 937 |
license to operate the park for the next year
from the licensor. | 938 |
If the applicable license fee prescribed
under section 3733.04 of | 939 |
the Revised Code is not received by the
licensor by the close of | 940 |
business on the last day of December,
the applicant for the | 941 |
license shall pay a penalty equal to
twenty-five per cent of the | 942 |
applicable license fee. The penalty
shall accompany the license | 943 |
fee. If the last day of December is
not a business day, the | 944 |
penalty attaches upon the close of
business on the next business | 945 |
day. | 946 |
(2) On or after the first day of April, but before the
first | 947 |
day of May of each year, every person who intends to
operate a | 948 |
recreational vehicle park, recreation camp, or combined
park-camp | 949 |
shall procure a license to operate the park or camp
from the | 950 |
licensor. If the applicable license fee prescribed
under section | 951 |
3733.04 of the Revised Code is not received by the
licensor by the | 952 |
close of business on the last day of April, the
applicant for the | 953 |
license shall pay a penalty equal to
twenty-five per cent of the | 954 |
applicable license fee. The penalty
shall accompany the license | 955 |
fee. If the last day of April is not
a business day, the penalty | 956 |
attaches upon the close of business
on the next business day. | 957 |
(4) No manufactured home park, recreational vehicle park, | 962 |
recreation camp, or combined park-camp shall be maintained or | 963 |
operated in this state after January 1, 1952, without a license. | 964 |
However, no person who neither intends to receive nor receives | 965 |
anything of value arising from the use of, or the sale of goods
or | 966 |
services in connection with the use of, a recreational vehicle | 967 |
park, recreation camp, combined park-camp, or temporary park-camp | 968 |
is required to procure a license under this division. If any | 969 |
health hazard exists at such an unlicensed park, camp, or | 970 |
park-camp, the health hazard shall be corrected in a manner | 971 |
consistent with the appropriate rule adopted under division (B)
or | 972 |
(C) of section 3733.02 of the Revised Code. | 973 |
(5)(3) No person who has received a license, upon the sale or | 974 |
disposition of the manufactured home park, recreational vehicle | 975 |
park, recreation camp, or combined park-camp, may have the
license | 976 |
transferred to the new operator. A person shall obtain a
separate | 977 |
license to operate each manufactured home park,
recreational | 978 |
vehicle park, recreation camp, or combined
park-camp. No license | 979 |
to operate a temporary park-camp shall be
transferred. A person | 980 |
shall obtain a separate license for each
temporary park-camp he | 981 |
intends to operate, and the
license shall
be valid for a period of | 982 |
no longer than seven consecutive days.
A person who operates a | 983 |
park-camp on a tract of land for more
than twenty-one days or | 984 |
parts thereof in a calendar year shall
obtain a license to operate | 985 |
a recreational vehicle park,
recreation camp, or a combined | 986 |
park-camp. | 987 |
(B)(1) Before a license is initially issued and annually | 988 |
thereafter, or more often if necessary, the licensor shall cause | 989 |
each manufactured home park, recreational vehicle park,
recreation | 990 |
camp, or combined park-camp to be inspected relative
to compliance | 991 |
with sections 3733.01 to 3733.08 of the Revised
Code and the rules | 992 |
adopted under those sections. A record shall
be made of each | 993 |
inspection on a form prescribed by the director of health. | 994 |
(C) Each person applying for an initial license to operate
a | 1002 |
manufactured home park, recreational vehicle park, recreation | 1003 |
camp, combined park-camp, or temporary park-camp shall provide | 1004 |
acceptable proof to the director of health, or to the licensor in | 1005 |
the case of a temporary park-camp, that adequate fire protection | 1006 |
shallwill be provided and that applicable fire codes shallwill | 1007 |
be adhered
to in the construction and operation of the park, camp, | 1008 |
or
park-camp. | 1009 |
(D) Any person that operates a county or state fair or any | 1010 |
independent agricultural society organized pursuant to section | 1011 |
1711.02 of the Revised Code that operates a fair shall not be | 1012 |
required to obtain a license under sections 3733.01 to 3733.08 of | 1013 |
the Revised Code if recreational vehicles, portable camping
units, | 1014 |
or any combination thereof are parked at the site of the
fair only | 1015 |
during the time of preparation for, operation of, and
dismantling | 1016 |
of the fair and if the recreational vehicles,
portable camping | 1017 |
units, or any combination thereof belong to
participants in the | 1018 |
fair. | 1019 |
Sec. 3733.031. (A) The director of health may survey | 1020 |
annually each health district licensing manufactured home parks, | 1021 |
recreational vehicle parks, recreation camps, combined
park-camps, | 1022 |
or temporary park-camps as provided by section
3733.03 of the | 1023 |
Revised Code to determine whether the district is
in substantial | 1024 |
compliance with sections 3733.01 to 3733.08 of the
Revised Code | 1025 |
and the rules adopted thereunder. Upon
determination that there is | 1026 |
substantial compliance, the director
shall place suchthe health | 1027 |
district upon an approved list. The
director shall make a resurvey | 1028 |
when in histhe director's
opinion a resurvey is
necessary, and | 1029 |
shall remove from the approved list any health
district not | 1030 |
substantially complying with sections 3733.01 to
3733.08 of the | 1031 |
Revised Code and the rules adopted thereunder. | 1032 |
(B) If after a survey or resurvey is made as provided by
this | 1033 |
section the director determines that a health district is
not | 1034 |
eligible to be placed on the approved list or to continue on
such | 1035 |
the list, hethe director shall certify suchthat fact to the | 1036 |
board
of health of
the health district. The director shall | 1037 |
administer and enforce
sections 3733.01 to 3733.08 of the Revised | 1038 |
Code and the rules
adopted thereunder in suchthe health district | 1039 |
until hethe director
determines
that the health district is | 1040 |
eligible for placement on the
approved list. Until the district is | 1041 |
placed on or returned to
the approved list, the director shall | 1042 |
collect all fees payable to
a board of health under section | 1043 |
3733.04 of the Revised Code and
all such fees previously paid | 1044 |
whichthat have not been expended or
encumbered for deposit in the | 1045 |
state treasury to the credit of the
health district licensing | 1046 |
fund, which is hereby created for use
by the director in histhe | 1047 |
director's capacity as licensor. The
director shall
repay any | 1048 |
balance remaining in the account to the district when
hethe | 1049 |
director places the district on the approved list. | 1050 |
Sec. 3733.04. The licensor of a manufactured home park, | 1051 |
recreational vehicle park, recreation camp, or combined park-camp | 1052 |
may charge a fee for an annual license to operate such a park, | 1053 |
camp, or park-camp. In the case of a temporary park-camp, the | 1054 |
licensor may charge a fee for a license to operate the temporary | 1055 |
park-camp for the period specified in division (A) of section | 1056 |
3733.03 of the Revised Code. The feesfee for both types of | 1057 |
licensesa license shall be determined in accordance with section | 1058 |
3709.09 of the
Revised Code and shall include the cost of | 1059 |
licensing and all
inspections. | 1060 |
Except for the fee for a temporary park-camp license, theThe | 1061 |
fee also shall include any additional amount determined by rule
of | 1062 |
the public health council, which shall be collected and | 1063 |
transmitted by the board of health to the treasurer of state to
be | 1064 |
credited to the general operations fund created in section
3701.83 | 1065 |
of the Revised Code and used only for the purpose of
administering | 1066 |
and enforcing sections 3733.01 to 3733.08 of the
Revised Code and | 1067 |
the rules adopted under those sections. The
portion of any fee | 1068 |
retained by the board of health shall be paid
into a special fund | 1069 |
and used only for the purpose of
administering and enforcing | 1070 |
sections 3733.01 to 3733.08 of the
Revised Code and the rules | 1071 |
adopted thereunder. | 1072 |
Sec. 3733.05. The licensor of the health district in which a | 1073 |
manufactured
home park, recreational vehicle park, recreation | 1074 |
camp, combined park-camp, or
temporary park-camp is or is to be | 1075 |
located, in accordance with Chapter 119. of
the Revised Code, may | 1076 |
refuse to grant, may suspend, or may revoke any license
granted to | 1077 |
any person for failure to comply with sections 3733.01 to 3733.08 | 1078 |
of the Revised Code or with any rule adopted by the public health | 1079 |
council
under section 3733.02 of the Revised Code. | 1080 |
Sec. 3733.06. (A) Upon a license being issued under sections | 1081 |
3733.03 to 3733.05
of the Revised Code, any operator shall have | 1082 |
the right to rent or use each lot
or camping space for the parking | 1083 |
or placement of a manufactured
home,or mobile home,
recreational | 1084 |
vehicle, or portable camping facility to be used for human | 1085 |
habitation without interruption for any period coextensive with | 1086 |
any license or
consecutive licenses issued under sections 3733.03 | 1087 |
to 3733.05 of the Revised
Code. | 1088 |
(B) No operator of a manufactured home park shall sell | 1089 |
individual lots in a park for eight years following the issuance | 1090 |
of the
initial license for the park unless, at the time of sale, | 1091 |
the park fulfills
all
platting and subdivision requirements | 1092 |
established by the political subdivision
in which the park is | 1093 |
located, or the political subdivision has entered into an | 1094 |
agreement with the operator regarding platting and subdivision | 1095 |
requirements
and the operator has fulfilled the terms of that | 1096 |
agreement. | 1097 |
Sec. 3733.07. Fees authorized or charged under sections | 1098 |
3733.021, 3733.022,
and 3733.04 of the Revised Code are in lieu of | 1099 |
all license and inspection fees
on or with respect to the | 1100 |
operation or ownership of manufactured home parks,
recreational | 1101 |
vehicle parks, combined park-camps, recreation camps, or
temporary | 1102 |
park-camps within this state, except that the licensor may charge | 1103 |
additional reasonable fees for the collection and bacteriological | 1104 |
examination
of any necessary water samples taken from any such | 1105 |
park, camp, or park-camp. | 1106 |
(2) The year for which the manufactured home tax is
levied | 1146 |
commences on the first day of January and ends on the following | 1147 |
thirty-first day of December.
The state shall have the
first lien | 1148 |
on any manufactured or mobile home on the list for the amount
of | 1149 |
taxes, penalties, and interest charged against the owner of the | 1150 |
home under this section.
The lien of the state for the tax for a | 1151 |
year shall attach on the first day of January to a home that has | 1152 |
acquired
situs on that date. The lien
for a home that has not | 1153 |
acquired situs on the first day of
January, but that acquires | 1154 |
situs during the year, shall attach on the
next first day of | 1155 |
January. The lien shall continue until the tax,
including any | 1156 |
penalty or interest, is paid. | 1157 |
(a) By multiplying the assessable
value of the home by the | 1174 |
tax
rate of the taxing district in which the home has its
situs, | 1175 |
and deducting from the product thus
obtained any reduction | 1176 |
authorized under section 4503.065 of the
Revised Code. The tax | 1177 |
levied under this
formula shall not be
less than thirty-six | 1178 |
dollars, unless the home qualifies
for a
reduction in assessable | 1179 |
value under section 4503.065 of the
Revised Code, in which case | 1180 |
there shall be no minimum tax and the
tax shall be the amount | 1181 |
calculated under this division. | 1182 |
(a) By multiplying the assessable
value of the home
by the | 1227 |
effective tax
rate, as defined in section 323.08 of the
Revised | 1228 |
Code, for residential real
property of the taxing district in | 1229 |
which the home has its
situs, and deducting from the product thus | 1230 |
obtained the
reductions required or authorized under section | 1231 |
319.302,
division (B) of section
323.152, or section 4503.065 of | 1232 |
the
Revised Code. | 1233 |
(3)
On or before the fifteenth day of January each year,
the | 1237 |
county
auditor shall record the assessable value and the
amount of | 1238 |
tax on the manufactured or mobile home on the tax list
and deliver | 1239 |
a duplicate of the list to the county
treasurer. In the case of
an | 1240 |
emergency as defined in section 323.17 of the Revised Code,
the | 1241 |
tax
commissioner, by journal entry, may extend the times
for | 1242 |
delivery of the duplicate for an additional fifteen days upon | 1243 |
receiving a
written application from
the county auditor regarding | 1244 |
an extension for the delivery of the
duplicate, or from the county | 1245 |
treasurer regarding an extension of
the time for the billing and | 1246 |
collection of taxes. The application
shall contain a statement | 1247 |
describing the emergency that will cause
the unavoidable delay and | 1248 |
must be received by the tax
commissioner on or before the last day | 1249 |
of the month preceding the
day delivery of the duplicate is | 1250 |
otherwise required. When an extension
is granted for delivery of | 1251 |
the duplicate, the time period for payment
of taxes shall be | 1252 |
extended for a like period of time. When a
delay in the closing
of | 1253 |
a tax collection period becomes
unavoidable, the tax
commissioner, | 1254 |
upon application by the county
auditor and county
treasurer, may | 1255 |
order the time for payment of
taxes to be extended
if the tax | 1256 |
commissioner determines that
penalties have accrued or
would | 1257 |
otherwise accrue for reasons
beyond the control of the
taxpayers | 1258 |
of the county. The order
shall prescribe the final
extended date | 1259 |
for payment of taxes for
that collection period. | 1260 |
(4) After January 1, 1999, the owner of a manufactured or | 1261 |
mobile
home taxed
pursuant to division (D)(1) of
this section may | 1262 |
elect to have the home taxed pursuant to
division (D)(2) of this | 1263 |
section
by filing a written request with the county auditor of the | 1264 |
taxing district in which the home is located on or before the | 1265 |
first day of
December of any year. Upon the filing of the
request, | 1266 |
the county
auditor shall determine whether all taxes
levied
under | 1267 |
division (D)(1) of this section have been paid, and
if those
taxes | 1268 |
have been paid, the county auditor shall tax the
manufactured or | 1269 |
mobile home pursuant to division
(D)(2) of this
section
commencing | 1270 |
in the next tax year. | 1271 |
(6)(a) Immediately upon receipt of any manufactured home tax | 1278 |
duplicate from the county auditor, but not less than twenty days | 1279 |
prior to the
last date on which the first one-half taxes may be | 1280 |
paid without
penalty as prescribed in division (F) of this | 1281 |
section,
the county treasurer shall cause to be prepared and | 1282 |
mailed
or delivered to each person charged on that duplicate with | 1283 |
taxes,
or to an agent designated by such person, the tax bill | 1284 |
prescribed
by the tax commissioner under division (D)(7) of this | 1285 |
section.
When taxes are paid by installments, the
county
treasurer | 1286 |
shall mail or deliver to each person charged on
such
duplicate or | 1287 |
the agent designated by that person a second
tax bill
showing the | 1288 |
amount due at the time of the second tax
collection.
The second | 1289 |
half tax bill shall be mailed or
delivered at least
twenty days | 1290 |
prior to the close of the second
half tax collection
period.
A | 1291 |
change in the mailing address of any tax bill shall be
made in | 1292 |
writing to the county treasurer.
Failure to receive a
bill | 1293 |
required by this section does
not excuse failure or delay to
pay | 1294 |
any taxes shown on the bill
or, except as provided in division | 1295 |
(B)(1) of section 5715.39 of the
Revised Code, avoid any penalty, | 1296 |
interest, or charge for
such
delay. | 1297 |
(7) Each tax bill prepared and mailed or
delivered under | 1305 |
division (D)(6) of this section
shall be in
the form and contain | 1306 |
the information required by the tax
commissioner. The
commissioner | 1307 |
may prescribe different forms for
each county and may
authorize | 1308 |
the county auditor to make up tax
bills and tax receipts
to be | 1309 |
used by the county treasurer.
The tax bill shall not
contain or be | 1310 |
mailed or delivered
with any information or material
that is not | 1311 |
required by this
section or that is not authorized by
section | 1312 |
321.45 of the
Revised Code or by the tax commissioner.
In
addition | 1313 |
to the information
required by the
commissioner, each
tax
bill | 1314 |
shall contain the following information: | 1315 |
(ii) The following notice: "Notice: If the
taxes charged | 1329 |
against this home
have been reduced by the 2-1/2 per cent tax | 1330 |
reduction for
residences occupied by the owner
but the home is not | 1331 |
a residence occupied by the
owner, the owner must notify the | 1332 |
county auditor's office not
later than March 31 of the year
for | 1333 |
which the taxes are due. Failure to do so may result in the
owner | 1334 |
being convicted of a fourth degree misdemeanor, which is | 1335 |
punishable by
imprisonment up to 30 days, a fine up to $250, or | 1336 |
both, and in the
owner having to repay the amount by which the | 1337 |
taxes were
erroneously or illegally reduced, plus any interest | 1338 |
that may apply. | 1339 |
(b) The situs is in a camping or park area that is a
tract
of | 1377 |
land that has been limited to recreational use by deed or
zoning | 1378 |
restrictions and subdivided for sale of five or more
individual | 1379 |
lots for the express or implied purpose of occupancy
by
either | 1380 |
self-contained recreational vehicles as defined in
division
(E)(T) | 1381 |
of section 3733.013729.01 of the Revised Code or by
dependent | 1382 |
recreational vehicles as defined in division (F)(D) of
section | 1383 |
3733.013729.01 of the Revised Code. | 1384 |
(G)(1)(a) Except as otherwise provided in division
(G)(1)(b) | 1397 |
of this section, if one-half of the current taxes
charged under | 1398 |
this
section against a manufactured or mobile home,
together
with | 1399 |
the
full
amount of any delinquent taxes, are not paid on
or before | 1400 |
the
first day of March in that year, or on or
before the last
day | 1401 |
for such payment as extended pursuant to
section 4503.063 of
the | 1402 |
Revised Code, a penalty of ten per
cent
shall be charged
against | 1403 |
the unpaid balance of such half of the
current taxes. If
the total | 1404 |
amount of all such
taxes is not paid
on or before the
thirty-first | 1405 |
day of July, next
thereafter, or on
or before the
last day for | 1406 |
payment as
extended pursuant to
section 4503.063
of the Revised | 1407 |
Code, a
like penalty shall be
charged on the
balance of the total | 1408 |
amount of
the unpaid current
taxes. | 1409 |
(b) After a valid delinquent tax contract that includes | 1410 |
unpaid current taxes from a first-half collection period described | 1411 |
in division (F) of this section has been entered into under | 1412 |
section 323.31 of the Revised Code, no ten per cent penalty shall | 1413 |
be charged against such taxes after the second-half collection | 1414 |
period while the delinquent tax contract remains in
effect. On the | 1415 |
day a delinquent tax contract becomes
void, the ten per cent | 1416 |
penalty shall be charged against such taxes
and shall equal the | 1417 |
amount of penalty that would have been charged
against unpaid | 1418 |
current taxes outstanding on the date on which the
second-half | 1419 |
penalty would have been charged thereon under division
(G)(1)(a) | 1420 |
of this section if the contract had not been in effect. | 1421 |
(2)(a) On the first day of the month following the last
day | 1422 |
the second installment of taxes may be paid without penalty | 1423 |
beginning
in 2000,
interest shall be charged against and computed | 1424 |
on all delinquent
taxes other than the current taxes that became | 1425 |
delinquent taxes
at the close of the last day such second | 1426 |
installment could be
paid without penalty. The charge shall be
for | 1427 |
interest that
accrued during the period that began on the | 1428 |
preceding first day
of December and ended on the last day of the | 1429 |
month that included
the last date such second installment could be | 1430 |
paid without
penalty. The interest shall be computed at the rate | 1431 |
per annum
prescribed by section 5703.47 of the Revised Code and | 1432 |
shall be
entered as a separate item on the delinquent manufactured | 1433 |
home tax list
compiled under division (H) of this section. | 1434 |
(b) On the first day of December beginning in 2000, the | 1435 |
interest shall be
charged against and computed on all delinquent | 1436 |
taxes. The charge
shall be for interest that accrued during the | 1437 |
period that began
on the first day of the month following the last | 1438 |
date prescribed
for the payment of the second installment of taxes | 1439 |
in the current
year and ended on the immediately preceding last | 1440 |
day of November. The interest shall be computed at the rate
per | 1441 |
annum prescribed
by section 5703.47 of the Revised Code and shall | 1442 |
be entered
as a separate item on the delinquent manufactured home | 1443 |
tax list. | 1444 |
(c) After a valid undertaking has been entered into for
the | 1445 |
payment of any delinquent taxes, no interest shall be charged | 1446 |
against such delinquent taxes while the undertaking remains in | 1447 |
effect in compliance with section 323.31 of the Revised Code. If
a | 1448 |
valid undertaking becomes void, interest shall be charged
against | 1449 |
the delinquent taxes for the periods that interest was
not | 1450 |
permitted to be charged while the undertaking was in effect.
The | 1451 |
interest shall be charged on the day the undertaking becomes
void | 1452 |
and shall equal the amount of interest that would have been | 1453 |
charged against the unpaid delinquent taxes outstanding on the | 1454 |
dates on which interest would have been charged thereon under | 1455 |
divisions (G)(1) and (2) of this section had the undertaking not | 1456 |
been in effect. | 1457 |
(2) Within thirty days after the settlement under
division | 1477 |
(H)(2) of section 321.24 of the Revised Code beginning in
2000, | 1478 |
the county
auditor shall deliver a copy of the delinquent | 1479 |
manufactured home
tax list to the county treasurer. The auditor | 1480 |
shall update and publish
the
delinquent manufactured home tax list | 1481 |
annually in the same manner as
delinquent real property tax lists | 1482 |
are published.
The county auditor shall
apportion the cost of | 1483 |
publishing the list among taxing districts in
proportion to the | 1484 |
amount of delinquent manufactured home taxes so
published that | 1485 |
each taxing district is entitled to receive upon
collection of | 1486 |
those taxes. | 1487 |
(3) When taxes, penalties, or interest
are
charged
against a | 1488 |
person on the delinquent manufactured home tax list
and
are not | 1489 |
paid within sixty days after the list is delivered to
the
county | 1490 |
treasurer, the county treasurer shall, in addition
to any
other | 1491 |
remedy provided by law for the collection of taxes,
penalties, and | 1492 |
interest, enforce collection of
such taxes,
penalties, and | 1493 |
interest by civil action in the name of the
treasurer against the | 1494 |
owner for
the recovery of the unpaid taxes
following the | 1495 |
procedures for the recovery
of delinquent real
property taxes in | 1496 |
sections 323.25 to 323.28
of the Revised Code.
The action may be | 1497 |
brought in municipal or county court,
provided
the amount
charged | 1498 |
does not exceed the monetary
limitations for
original jurisdiction | 1499 |
for civil actions in those
courts. | 1500 |
It is sufficient, having made proper parties to the suit,
for | 1501 |
the county treasurer to allege in the treasurer's bill of | 1502 |
particulars or
petition that the taxes stand chargeable on the | 1503 |
books of the
county treasurer against such person, that they are | 1504 |
due and
unpaid, and that such person is indebted in the amount of | 1505 |
taxes
appearing to be due the county. The treasurer need not set | 1506 |
forth
any other matter relating thereto. If
it is found on the | 1507 |
trial of
the action that the person
is indebted to the state, | 1508 |
judgment
shall be rendered in favor of
the county treasurer | 1509 |
prosecuting the
action. The judgment debtor is
not entitled to the | 1510 |
benefit of any
law for stay of execution or
exemption of property | 1511 |
from levy or
sale on execution in the
enforcement of the judgment. | 1512 |
Upon the filing of an entry of confirmation of sale or an | 1513 |
order of forfeiture in a proceeding brought under this division, | 1514 |
title to the manufactured or mobile home shall be in the | 1515 |
purchaser. The clerk of courts shall issue a certificate of title | 1516 |
to the purchaser upon presentation of proof of filing of the entry | 1517 |
of confirmation or order and, in the case of a forfeiture, | 1518 |
presentation of the county auditor's certificate of sale. | 1519 |
(I) The total amount of taxes collected shall be
distributed | 1520 |
in the following manner:
four per cent shall be allowed as | 1521 |
compensation to the county
auditor for the county auditor's | 1522 |
service in assessing the
taxes; two per cent
shall be allowed as | 1523 |
compensation to the county treasurer for the
services the county | 1524 |
treasurer renders as a result of the tax
levied by this
section. | 1525 |
Such amounts shall be paid into the county treasury, to
the credit | 1526 |
of the county general revenue fund,
on the warrant of the county | 1527 |
auditor. Fees to be paid to the credit of the real estate | 1528 |
assessment fund
shall be collected pursuant to division (B) of | 1529 |
section 319.54 of the Revised
Code and paid into the county | 1530 |
treasury, on the warrant of the county
auditor. The balance of
the | 1531 |
taxes collected shall be distributed
among the taxing
subdivisions | 1532 |
of the county in which the taxes
are collected and
paid in the | 1533 |
same ratio as those taxes were
collected for the
benefit of the | 1534 |
taxing subdivision. The taxes levied
and revenues
collected
under | 1535 |
this section shall be in lieu of any general
property tax
and any | 1536 |
tax levied with respect to the privilege of
using or
occupying a | 1537 |
manufactured or mobile home in Ohiothis state except as
provided | 1538 |
in
sections 4503.04 and 5741.02 of the Revised Code. | 1539 |
(L)(1) The county
auditor shall appraise at its true value | 1550 |
any manufactured or mobile home in
which ownership is transferred | 1551 |
or which first acquires situs in this state on
or after January 1, | 1552 |
2000, and any manufactured or mobile home the
owner of which has | 1553 |
elected, under division (D)(4) of this section, to have the home | 1554 |
taxed under division (D)(2) of this section. The true value
shall | 1555 |
include the
value of the home, any additions, and any fixtures, | 1556 |
but not any
furnishings in the home. In determining the true
value | 1557 |
of a
manufactured or mobile home, the auditor shall consider
all | 1558 |
facts and circumstances relating to the value of the home, | 1559 |
including its age, its capacity to function as a residence, any | 1560 |
obsolete characteristics, and other factors that may tend to prove | 1561 |
its true value. | 1562 |
(3) The county auditor shall have each home viewed and | 1574 |
appraised
at
least once in each six-year period in the same year | 1575 |
in which real
property in the county is appraised pursuant to | 1576 |
Chapter 5713. of
the Revised Code,
and shall update the appraised | 1577 |
values in the
third calendar year following the
appraisal. The | 1578 |
person viewing
or
appraising a home may enter the home to | 1579 |
determine by actual
view
any additions or fixtures that have been | 1580 |
added since the last
appraisal. In conducting the appraisals and | 1581 |
establishing the
true
value, the auditor shall follow the | 1582 |
procedures set forth
for
appraising real property in sections | 1583 |
5713.01 and 5713.03 of the
Revised
Code. | 1584 |
(b) Any owner of a home or any other person or party listed | 1594 |
in
division (A)(1) of section 5715.19 of the Revised Code may file | 1595 |
a complaint
against the true
value of the home
as appraised under | 1596 |
this section. The complaint shall be
filed with the
county
auditor | 1597 |
on or before the thirty-first day of
March
of
the
current
tax year | 1598 |
or the
date of closing of the collection for
the
first
half of | 1599 |
manufactured home taxes for the current tax
year,
whichever is | 1600 |
later. The auditor shall present to the county
board
of revision | 1601 |
all complaints filed with the auditor under this
section. The | 1602 |
board shall
hear and
investigate the
complaint and
may take action | 1603 |
on it as
provided
under sections
5715.11 to
5715.19 of the
Revised | 1604 |
Code. | 1605 |
(c) If the county board of revision determines, pursuant to
a | 1606 |
complaint against the valuation of a manufactured or mobile home | 1607 |
filed under this section, that the amount of taxes, assessments, | 1608 |
or other charges paid was in excess of the amount due
based on the | 1609 |
valuation as finally determined, then the
overpayment shall be | 1610 |
refunded in the manner prescribed in
section 5715.22 of the | 1611 |
Revised Code. | 1612 |
(M) If the county auditor determines that any tax
or other | 1617 |
charge or any part thereof has been
erroneously
charged as a | 1618 |
result of a clerical error as defined in
section
319.35 of the | 1619 |
Revised Code, the county
auditor shall call the attention of the | 1620 |
county
board of revision
to the erroneous charges. If the board | 1621 |
finds that the taxes or
other charges have been erroneously | 1622 |
charged or collected, it shall
certify the finding to the auditor. | 1623 |
Upon receipt of the
certification, the auditor shall remove the | 1624 |
erroneous charges
on
the
manufactured home tax list or delinquent | 1625 |
manufactured home tax
list
in the same manner as is prescribed in | 1626 |
section 319.35 of the
Revised Code for erroneous charges against | 1627 |
real property,
and
refund any erroneous charges that have been | 1628 |
collected,
with
interest, in the same manner as is prescribed in | 1629 |
section
319.36 of
the
Revised Code for erroneous charges against | 1630 |
real
property. | 1631 |
(A) "Environmental health science" means the aspect of
public | 1656 |
health science that includes, but is not limited to, the
following | 1657 |
bodies of knowledge: air quality, food quality and
protection, | 1658 |
hazardous and toxic substances, consumer product
safety, housing, | 1659 |
institutional health and safety, community noise
control, | 1660 |
radiation protection, recreational facilities, solid and
liquid | 1661 |
waste management, vector control, drinking water quality,
milk | 1662 |
sanitation, and rabies control. | 1663 |
(E) "Practice of environmental health" means consultation, | 1674 |
instruction, investigation, inspection, or evaluation by an | 1675 |
employee of a city health district, a general health district,
the | 1676 |
Ohio environmental protection agency, the department of
health, or | 1677 |
the department of agriculture requiring specialized
knowledge, | 1678 |
training, and experience in the field of environmental
health | 1679 |
science, with the primary purpose of improving or
conducting | 1680 |
administration or enforcement under any of the
following: | 1681 |
(B) "Landlord" means the owner, lessor, or sublessor of | 1703 |
residential premises, the agent of the owner, lessor, or | 1704 |
sublessor, or any person authorized by the owner, lessor, or | 1705 |
sublessor
to manage the premises or to receive rent from a tenant | 1706 |
under a
rental agreement. | 1707 |
(C) "Residential premises" means a dwelling unit for | 1708 |
residential use and occupancy and the structure of which it is a | 1709 |
part, the facilities and appurtenances in it, and the grounds, | 1710 |
areas, and facilities for the use of tenants generally or the use | 1711 |
of which is promised the tenant. "Residential premises" includes
a | 1712 |
dwelling
unit that is owned or operated by a college or | 1713 |
university. "Residential
premises" does not
include any of the | 1714 |
following: | 1715 |
(1) Prisons, jails, workhouses, and other places of | 1716 |
incarceration or correction, including, but not limited to, | 1717 |
halfway houses or residential arrangements that are used or | 1718 |
occupied as a requirement of a community control sanction, a | 1719 |
post-release control sanction, or parole; | 1720 |
(9) Occupancy in a facility licensed as an SRO facility | 1737 |
pursuant
to Chapter 3731. of the Revised Code, if the facility is | 1738 |
owned
or operated by an organization that is exempt from taxation | 1739 |
under
section 501(c)(3) of the
"Internal
Revenue Code
of 1986," | 1740 |
100 Stat. 2085, 26
U.S.C.A.
501, as amended, or by an entity or | 1741 |
group of entities in which such an
organization has a controlling | 1742 |
interest, and if either of the following
applies: | 1743 |
(10) Emergency shelters operated by organizations exempt
from | 1756 |
federal
income taxation under section 501(c)(3) of the
"Internal | 1757 |
Revenue Code
of 1986," 100 Stat. 2085, 26
U.S.C.A.
501,
as | 1758 |
amended, for persons whose circumstances indicate a transient | 1759 |
occupancy, including homeless people, victims of domestic | 1760 |
violence, and
juvenile runaways. | 1761 |
Sec. 6111.46. (A) The environmental protection agency shall | 1790 |
exercise general supervision of the treatment and
disposal of | 1791 |
sewage and
industrial wastes and the operation and maintenance of | 1792 |
works or
means installed for the collection, treatment,
and | 1793 |
disposal of
sewage and industrial wastes. Such general supervision | 1794 |
shall
apply to all features of construction, operation, and | 1795 |
maintenance
of the works or means that do or may
affect the proper | 1796 |
treatment and disposal of sewage and
industrial
wastes. The | 1797 |
(B)(1) The
agency shall investigate the works or means | 1798 |
employed in the
collection, treatment, and disposal of sewage and | 1799 |
industrial
wastes whenever considered necessary or
whenever | 1800 |
requested to do so
by local health officials,and may adoptissue | 1801 |
and enforce orders and
shall adopt rules governing the operation | 1802 |
and maintenance of
the works or means of treatment and
disposal of | 1803 |
such sewage and industrial wastes, and. In adopting rules under | 1804 |
this section, the agency shall establish standards governing the | 1805 |
construction, operation, and maintenance of the works or means of | 1806 |
collection, treatment, and disposal of sewage that is generated at | 1807 |
recreational vehicle parks, recreation camps, combined park-camps, | 1808 |
and temporary park-camps that are separate from such standards | 1809 |
relative to manufactured home parks. | 1810 |
(C) The agency may require the
submission of
records and data | 1817 |
of
construction, operation, and maintenance, including plans and | 1818 |
descriptions of existing works or means of treatment and
disposal | 1819 |
of such sewage and industrial wastes. When the
agency requires
the | 1820 |
submission of
such records or information, the public officials or | 1821 |
person,
firm, or corporation having the works in charge shall | 1822 |
comply promptly with that order. | 1823 |
Section 2. That existing sections 1901.184, 1907.032, | 1824 |
1923.01, 3701.83, 3709.085, 3709.09, 3733.01, 3733.02, 3733.021, | 1825 |
3733.023, 3733.03, 3733.031, 3733.04, 3733.05, 3733.06, 3733.07, | 1826 |
3733.081, 3733.082, 4503.06, 4736.01, 5321.01, and 6111.46 of the | 1827 |
Revised Code are hereby repealed. | 1828 |
Section 3. Licenses that were issued for recreational vehicle | 1829 |
parks, recreation camps, combined park-camps, and temporary | 1830 |
park-camps under Chapter 3733. of the Revised Code, as it existed | 1831 |
prior to its amendment by this act, remain in effect until their | 1832 |
expiration, at which time they shall be renewed in accordance with | 1833 |
Chapter 3729. of the Revised Code, as enacted by this act. | 1834 |
Section 4. Section 3709.085 of the Revised Code is
presented | 1835 |
in this act
as a composite of the section as amended by
Am. Sub. | 1836 |
H.B. 197 and S.B. 198, both of the 123rd General Assembly. The | 1837 |
General Assembly, applying the
principle stated in division (B) of | 1838 |
section 1.52 of the Revised
Code that amendments are to be | 1839 |
harmonized if reasonably capable of
simultaneous operation, finds | 1840 |
that the composite is the resulting
version of the section in | 1841 |
effect prior to the effective date of
the section as presented in | 1842 |
this act. | 1843 |