REPRESENTATIVES Seitz, Collier, Niehaus, McGregor, Aslanides, Schneider, Webster, Gilb

To amend sections 163.02, 163.09, 163.12, 163.21,

1

307.08, 307.79, 307.99, 719.01, 3709.41, 6117.012,

2

6117.39, and 6119.11 and to enact sections

3

6101.181 and 6115.221 of the Revised Code to allow

4

a county, municipal corporation, conservancy

5

district, sanitary district, county sewer

6

district, or regional water and sewer district to

7

appropriate land without a prior jury assessment

8

for the construction of sewers when the Director

9

of Environmental Protection or a local board of

10

health finds that unsanitary conditions compel the

11

immediate construction of the sewers for the

12

protection of the public health and welfare; to

13

revise the rulemaking authority of a board of

14

county commissioners that adopts rules governing

15

erosion control, sediment control, and water

16

management; to establish a penalty for violation

17

of those rules; to authorize a board of county

18

commissioners that has established a county sewer

19

district to adopt rules governing the prevention

20

of sewer back-ups; and to require health district

21

licensing councils to meet at least annually

22

rather than quarterly.

23

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

Section 1. That sections 163.02, 163.09, 163.12, 163.21,	24
307.08, 307.79, 307.99, 719.01, 3709.41, 6117.012, 6117.39, and	25
6119.11 be amended and sections 6101.181 and 6115.221 of the	26
Revised Code be enacted to read as follows:	27

Sec. 163.02.  (A) Except as provided in divisions (B), (C),	28
and (D), (E), (F), (G), and (H) of this section, all	29
appropriations of real property shall be made pursuant to sections	30
163.01 to 163.22 of the Revised Code.	31

(B) Subject to division (E)(I) of this section, the director	32
of transportation may appropriate real property pursuant to	33
sections 163.01 to 163.22 of the Revised Code or as otherwise	34
provided by law.	35

(C) Subject to division (I) of this section, a county may	36
appropriate real property by procedures prescribed in Chapter 307.	37
of the Revised Code.	38

(D) Subject to division (I) of this section, a municipal	39
corporation may appropriate real property by procedures prescribed	40
in Chapter 719. of the Revised Code.	41

(E) Subject to division (E)(I) of this section, a conservancy	42
district may appropriate real property by procedures prescribed in	43
Chapter 6101. of the Revised Code.	44

(D)(F) Subject to division (E)(I) of this section, a sanitary	45
district may appropriate real property by procedures prescribed in	46
Chapter 6115. of the Revised Code.	47

(E)(G) Subject to division (I) of this section, a county	48
sewer district may appropriate real property by procedures	49
prescribed in Chapter 6117. of the Revised Code.	50

(H) Subject to division (I) of this section, a regional water	51
and sewer district may appropriate real property by procedures	52
prescribed in Chapter 6119. of the Revised Code.	53

(I) When the director of transportation, a county, a	54
municipal corporation, a conservancy district, or a sanitary	55
district, a county sewer district, or a regional water and sewer	56
district proceeds to appropriate real property other than under	57
sections 163.01 to 163.22 of the Revised Code, the proceedings are	58
subject to division (B) of section 163.21 of the Revised Code.	59

(F)(J) Any instrument by which the state or an agency of the	60
state acquires real property pursuant to this section shall	61
identify the agency of the state that has the use and benefit of	62
the real property as specified in section 5301.012 of the Revised	63
Code.	64

Sec. 163.09.  (A) If no answer is filed pursuant to section	65
163.08 of the Revised Code, nor approval ordered by the court to a	66
settlement of the rights of all necessary parties, the court, on	67
motion of a public agency, shall declare the value of the property	68
taken and the damages, if any, to be as set forth in any document	69
properly filed with the clerk of courts by the public agency. In	70
all other cases, the court shall fix a time, within twenty days	71
from the last date that such answer could have been filed, for the	72
assessment of compensation by a jury.	73

(B) When an answer is filed pursuant to section 163.08 of the	74
Revised Code and any of the matters relating to the right to make	75
the appropriation, the inability of the parties to agree, or the	76
necessity for the appropriation are specifically denied in the	77
manner provided in such section, the court shall set a day, not	78
less than five or more than fifteen days from the date the answer	79
was filed, to hear such questions. Upon such questions, the burden	80
of proof is upon the owner. A resolution or ordinance of the	81
governing or controlling body, council, or board of the agency	82
declaring the necessity for the appropriation shall be prima-facie	83
evidence of such necessity in the absence of proof showing an	84
abuse of discretion by the agency in determining such necessity.	85
If, as to any or all the property or other interests sought to be	86
appropriated, the court determines the questions in favor of the	87
agency, the court shall set a time for the assessment of	88
compensation by the jury within twenty days from the date of the	89
journalization of such determination. An order of the court in	90
favor of the agency on any of such questions or on qualification	91
under section 163.06 of the Revised Code, shall not be a final	92
order for purposes of appeal. An order of the court against the	93
agency on any of such questions, or on the question of	94
qualification under section 163.06 of the Revised Code, shall be a	95
final order for purposes of appeal. If a public agency has taken	96
possession prior to such order and such order, after any appeal,	97
is against the agency on any of such questions, the agency shall	98
restore the property to the owner in its original condition or	99
respond in damages, which may include the items set forth in	100
division (A)(2) of section 163.21 of the Revised Code, recoverable	101
by civil action, to which the state consents.	102

(C) When an answer is filed pursuant to section 163.08 of the	103
Revised Code, and none of the matters set forth in division (B) of	104
this section is specifically denied, the court shall fix a time	105
within twenty days from the date the answer was filed for the	106
assessment of compensation by a jury.	107

(D) If answers are filed pursuant to divisions (B) and (C) of	108
this section, or an answer is filed on behalf of fewer than all	109
the named owners, the court shall set the hearing or hearings at	110
such times as are reasonable under all the circumstances, but in	111
no event later than twenty days after the issues are joined as to	112
all necessary parties or twenty days after rule therefor,	113
whichever is earlier.	114

(E) The court, with the consent of the parties, may order two	115
or more cases to be consolidated and tried together, but the	116
rights of each owner to compensation, damages, or both shall be	117
separately determined by the jury in its verdict.	118

(F) If an answer is filed under section 163.08 of the Revised	119
Code with respect to the value of property appropriated under	120
section 307.08, 719.01, 6101.181, 6115.221, 6117.39, or 6119.11 of	121
the Revised Code as the result of a public exigency, the burden of	122
proof is not on the owner, but is on the other party or parties to	123
the appropriation.	124

Sec. 163.12. (A) A view of the premises to be appropriated	125
shall be ordered by the court when demanded by a party to the	126
proceedings. The owners shall open and close the case. However, if	127
the premises are to be appropriated under section 307.08, 719.01,	128
6101.181, 6115.221, 6117.39, or 6119.11 of the Revised Code as the	129
result of a public exigency, the party or parties other than the	130
owners shall open and close the case.	131

(B) The court may amend any defect or informality in	132
proceedings under sections 163.01 to 163.22, inclusive, of the	133
Revised Code. The court may cause new parties to be added, and	134
direct such further notice to be given to a party in interest as	135
the court deems proper.	136

(C) No part of the pleadings, other than the petition, shall	137
be read or exhibited to the jury.	138

Sec. 163.21.  (A)(1) If it has not taken possession of	139
property that is appropriated, an agency may abandon appropriation	140
proceedings under sections 163.01 to 163.22 of the Revised Code at	141
any time after the proceedings are commenced, but not later than	142
ninety days after the final determination of the cause.	143

(2) In all cases of abandonment as described in division	144
(A)(1) of this section, the court shall enter a judgment against	145
the agency for costs, including jury fees, and shall enter a	146
judgment in favor of each affected owner, in amounts that the	147
court considers to be just, for each of the following that the	148
owner incurred:	149

(a) Witness fees, including expert witness fees;

150

(b) Attorney's fees;

151

(c) Other actual expenses.

152

(B)(1) Except as provided in division (B)(2) of this section,	153
if in appropriation proceedings under sections 163.01 to 163.22 of	154
the Revised Code or, as authorized by divisions (B), (C), and (D),	155
(E), (F), (G), and (H) of section 163.02 of the Revised Code, in	156
appropriation proceedings under other sections of the Revised	157
Code, the court determines that an agency is not entitled to	158
appropriate particular property, the court shall enter both of the	159
following:	160

(a) A judgment against the agency for costs, including jury	161
fees;	162

(b) A judgment in favor of each affected owner, in amounts	163
that the court considers to be just, for witness fees, including	164
expert witness fees, for attorney's fees, and for other actual	165
expenses that the owner incurred in connection with the	166
proceedings.	167

(2) This division does not apply to a state agency that is	168
subject to section 163.62 of the Revised Code in connection with	169
condemnation proceedings.	170

Sec. 307.08. When(A) Except as provided in division (B) of	171
this section, when, in the opinion of the board of county	172
commissioners, it is necessary to procure real estate, a	173
right-of-way, or an easement for a courthouse, jail, or public	174
offices, or for a bridge and the approaches thereto, or other	175
structure, or public market place or market house, proceedings	176
shall be had in accordance with sections 163.01 to 163.22,	177
inclusive, of the Revised Code.	178

(B)(1) For the purposes of division (B) of this section,	179
either of the following constitutes a public exigency:	180

(a) A finding by the director of environmental protection	181
that a public health nuisance caused by an occasion of unavoidable	182
urgency and suddenness due to unsanitary conditions compels the	183
immediate construction of sewers for the protection of the public	184
health and welfare;	185

(b) The issuance of an order by the board of health of a	186
health district to mitigate or abate a public health nuisance	187
caused by an occasion of unavoidable urgency and suddenness due to	188
unsanitary conditions that compels the immediate construction of	189
sewers for the protection of the public health and welfare.	190

(2) If the board of county commissioners is unable to	191
purchase property for the purpose of the construction of sewers to	192
mitigate or abate the public health nuisance that is the subject	193
of a finding of the director or an order of the board of health,	194
the board of county commissioners may adopt a resolution finding	195
that it is necessary for the protection of the public health and	196
welfare to appropriate property that the board of county	197
commissioners considers needed for that purpose. The resolution	198
shall contain a definite, accurate, and detailed description of	199
the property and the name and place of residence, if known or with	200
reasonable diligence ascertainable, of the owner of the property	201
appropriated.	202

The board of county commissioners shall fix in the resolution	203
what the board considers to be the value of the property	204
appropriated, which shall be supported by an independent	205
appraisal, together with damages to the residue, and shall deposit	206
the value of it, together with the damages, with the probate court	207
or the court of common pleas of the county in which the property,	208
or a part of it, is situated. The power to appropriate property	209
for the purposes of division (B) of this section shall be	210
exercised in the manner provided in sections 163.01 to 163.22 of	211
the Revised Code.	212

(3) As used in division (B) of this section:

213

(a) "Board of health" means the board of health of a city or	214
general health district or the authority having the duties of a	215
board of health in any city as authorized by section 3709.05 of	216
the Revised Code.	217

(b) "Health district" means a city or general health district	218
as created by or under the authority of Chapter 3709. of the	219
Revised Code.	220

Sec. 307.79.  The board of county commissioners may adopt,	221
amend, and rescind rules establishing technically feasible and	222
economically reasonable standards to achieve a level of management	223
and conservation practices whichthat will abate wind or water	224
erosion of the soil or abate the degradation of the waters of the	225
state by soil sediment in conjunction with land grading,	226
excavating, filling, or other soil disturbing activities on land	227
used or being developed for nonfarm commercial, industrial,	228
residential, or other nonfarm purposes, and establish criteria for	229
determination of the acceptability of such management and	230
conservation practices. The rules shall be designed to implement	231
the applicable areawide waste treatment management plan prepared	232
under section 208 of the "Federal Water Pollution Control Act," 86	233
Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement	234
phase II of the storm water program of the national pollutant	235
discharge elimination system established in 40 C.F.R. Part 122.	236
SuchThe rules shall not apply to lands being used in a strip mine	237
operation as defined in section 1513.01 of the Revised Code or	238
land being used in a surface mine operation as defined in section	239
1514.01 of the Revised Code.	240

The rules may require persons to file plans governing erosion	241
control, sediment control, and water management plans incident	242
thereto, before clearing, grading, excavating, filling, or	243
otherwise wholly or partially disturbing fiveone or more	244
contiguous acres of land owned by one person or operated as one	245
development unit for the construction of nonfarm buildings,	246
structures, utilities, recreational areas, or other similar	247
nonfarm uses. AreasIf the rules require plans to be filed, the	248
rules shall do all of the following:	249

(A) Designate the board itself, its employees, or another	250
agency or official to review and approve or disapprove the plans;	251

(B) Establish procedures and criteria for the review and	252
approval or disapproval of the plans;	253

(C) Require the designated entity to issue a permit to a	254
person for the clearing, grading, excavating, filling, or other	255
project for which plans are approved and to deny a permit to a	256
person whose plans have been disapproved;	257

(D) Establish procedures for the issuance of the permits;

258

(E) Establish procedures under which a person may appeal the	259
denial of a permit.	260

Areas of less than fiveone contiguous acresacre shall not	261
be exempt from compliance with other provisions of this section or	262
rules adopted pursuant to this section. The rules may impose	263
reasonable filing fees for plan review, permit processing, and	264
field inspections.	265

No permit or plan shall be required for a public highway,	266
transportation, or drainage improvement or maintenance thereof	267
undertaken by a government agency or political subdivision in	268
accordance with a statement of its standard sediment control	269
policies that is approved by the board or the chief of the	270
division of soil and water districtsconservation in the	271
department of natural resources.	272

The rules shall not apply inside the limits of municipal	273
corporations.	274

Rules or amendments may be adopted under this section only	275
after public hearing at not fewer than two regular sessions of the	276
board. The board shall cause to be published, in a newspaper of	277
general circulation in the county, notice of the public hearings,	278
including time, date, and place, once a week for two weeks	279
immediately preceding the hearings. The proposed rules or	280
amendments shall be made available by the board to the public at	281
the board office or other location indicated in the notice. The	282
rules or amendments shall take effect on the thirty-first day	283
following the date of their adoption.	284

The board may employ personnel,to assist in the	285
administration of this section and rules adopted under it. The	286
board also, if the action does not conflict with the rules, may	287
delegate duties to review sediment control and water management	288
plans to its employees, and may enter into agreements with one or	289
more political subdivisions, other county officials, or other	290
government agencies, in any combination, in order to obtain	291
reviews and comments on such plans governing erosion control,	292
sediment control, and water management or to obtain other services	293
for the administration of the rules adopted under this section.	294

The board or any duly authorized representative of the board	295
may, upon identification to the owner or person in charge, enter	296
any land upon obtaining agreement with the owner, tenant, or	297
manager thereof in order to determine whether there is compliance	298
with the rules. If the board or its duly authorized representative	299
is unable to obtain such an agreement, the board or representative	300
may apply for and a judge of the court of common pleas for the	301
county where the land is located may issue an appropriate	302
inspection warrant as necessary to achieve the purposes of this	303
chapter.	304

If the board or its duly authorized representative determines	305
that a violation exists and requests, the board or representative	306
shall authorize the issuance of a notice of violation. If, after a	307
period of not less than fourteen days has elapsed following the	308
issuance of a notice of violation, the violation continues, the	309
board or its duly authorized representative may issue a stop work	310
order and shall then request in writing the prosecuting attorney	311
of the county in writing, the prosecuting attorney shallto seek	312
an injunction or other appropriate relief to abate excessive	313
erosion or sedimentation and secure compliance with the rules. In	314
granting relief the court may order the construction of sediment	315
control improvements or implementation of other control measures	316
and shall assess a fine under section 307.99 of the Revised Code	317
if the person to whom a notice of violation was issued under this	318
section is convicted of or pleads guilty to the violation. The	319
person to whom a stop-work order is issued under this section may	320
appeal the order to the court of common pleas of the county in	321
which it was issued.	322

No person shall violate any rule adopted or order issued	323
under this section. For purposes of any penalty that is	324
established for violation of a rule or order, each day of	325
continued violation is a separate offense.	326

Sec. 307.99.  (A) Whoever violates section 307.42 of the	327
Revised Code shall be fined not less than twenty-five nor more	328
than one hundred dollars for each offense.	329

(B) Whoever violates section 307.43 of the Revised Code shall	330
be fined not less than twenty-five nor more than two hundred	331
dollars, and imprisoned not less than ten nor more than sixty	332
days.	333

(C) Whoever violates section 307.37 of the Revised Code,	334
shall be fined not more than three hundred dollars.	335

(D) Whoever violates division (C)(5) of section 307.97 of the	336
Revised Code shall be fined not less than one hundred nor more	337
than five hundred dollars.	338

(E) Whoever violates any other subdivision of division (C) of	339
section 307.97 of the Revised Code shall be imprisoned not more	340
than six months or fined not more than one thousand dollars, or	341
both.	342

(F) Whoever violates section 307.79 of the Revised Code shall	343
be fined not less than one hundred nor more than five hundred	344
dollars. Each day of violation is a separate offense. The	345
sentencing court may issue a cease and desist order if warranted	346
by the violation.	347

Sec. 719.01.  Any municipal corporation may appropriate,	348
enter upon, and hold real estate within its corporate limits:	349

(A) For opening, widening, straightening, changing the grade	350
of, and extending streets, and all other public places, and for	351
this purpose, the municipal corporation may appropriate the	352
right-of-way across railway tracks and lands held by railway	353
companies, where such appropriation will not unnecessarily	354
interfere with the reasonable use of such property, and for	355
obtaining material for the improvement of streets and other public	356
places;	357

(B) For parks, park entrances, boulevards, market places, and	358
children's playgrounds;	359

(C) For public halls and offices, and for all buildings and	360
structures required for the use of any municipal department;	361

(D) For prisons, workhouses, houses of refuge and correction,	362
and farm schools;	363

(E) For hospitals, pesthouses, reformatories, crematories,	364
and cemeteries;	365

(F) For levees, wharves, and landings;

366

(G) For bridges, aqueducts, viaducts, and approaches thereto;

367

(H) For libraries, university sites, and grounds therefor;

368

(I) For constructing, opening, excavating, improving, or	369
extending any canal or watercourse, located in whole or in part	370
within the limits of the municipal corporation or adjacent and	371
contiguous thereto, and whichthat is not owned in whole or in	372
part by the state, or by a company or individual authorized by law	373
to make such improvement;	374

(J) For sewers, drains, ditches, public urinals, bathhouses,	375
water closets, and sewage and garbage disposal plants and farms;.	376

(1) For the purposes of division (J) of this section, either	377
of the following constitutes a public exigency:	378

(a) A finding by the director of environmental protection	379
that a public health nuisance caused by an occasion of unavoidable	380
urgency and suddenness due to unsanitary conditions compels the	381
immediate construction of sewers for the protection of the public	382
health and welfare;	383

(b) The issuance of an order by the board of health of a	384
health district to mitigate or abate a public health nuisance	385
caused by an occasion of unavoidable urgency and suddenness due to	386
unsanitary conditions that compels the immediate construction of	387
sewers for the protection of the public health and welfare.	388

(2) If the legislative authority of a municipal corporation	389
is unable to purchase property for the purpose of the construction	390
of sewers to mitigate or abate the public health nuisance that is	391
the subject of a finding of the director or an order of the board	392
of health, the legislative authority of the municipal corporation	393
may enact an ordinance finding that it is necessary for the	394
protection of the public health and welfare to appropriate	395
property that the legislative authority considers needed for that	396
purpose. The ordinance shall contain a definite, accurate, and	397
detailed description of the property and the name and place of	398
residence, if known or with reasonable diligence ascertainable, of	399
the owner of the property appropriated.	400

The legislative authority of the municipal corporation shall	401
fix in the ordinance what it considers to be the value of the	402
property appropriated, which shall be supported by an independent	403
appraisal, together with damages to the residue, and shall deposit	404
the value of it, together with the damages, with the probate court	405
or the court of common pleas of the county in which the property,	406
or a part of it, is situated. The power to appropriate property	407
for the purposes of division (J) of this section shall be	408
exercised in the manner provided in sections 163.01 to 163.22 of	409
the Revised Code.	410

(3) As used in division (J) of this section:

411

(a) "Board of health" means the board of health of a city or	412
general health district or the authority having the duties of a	413
board of health in any city as authorized by section 3709.05 of	414
the Revised Code.	415

(b) "Health district" means a city or general health district	416
as created by or under the authority of Chapter 3709. of the	417
Revised Code.	418

(K) For natural and artificial gas, electric lighting,	419
heating, and power plants, and for supplying the product thereof;	420

(L) For establishing esplanades, boulevards, parkways, park	421
grounds, and public reservations in, around, and leading to public	422
buildings, and for the purpose of reselling such land with	423
reservations in the deeds as to the future use of such lands, so	424
as to protect public buildings and their environs, and to preserve	425
the view, appearance, light, air, and usefulness of public grounds	426
occupied by public buildings and esplanades and parkways leading	427
thereto;	428

(M) For providing a water supply for itself and its	429
inhabitants by the construction of wells, pumps, cisterns,	430
aqueducts, water pipes, dams, reservoirs, reservoir sites, and	431
water works, and for the protection thereof; and to provide for a	432
supply of water for itself and its inhabitants, any municipal	433
corporation may appropriate property within or without its limits;	434
and for such purpose andany such municipal corporation may	435
appropriate, in the manner provided in sections 163.01 to 163.22,	436
inclusive, of the Revised Code, any property or right or interest	437
therein, previously acquired by any private corporation for any	438
purpose by appropriation proceedings or otherwise, and either	439
party to such appropriation proceedings shall have the same right	440
to change of venue as is given in the trial of civil actions;	441

(N) For the construction or operation of street, interurban,	442
suburban, or other railways or terminals and the necessary tracks,	443
way stations, depots, terminals, workshops, conduits, elevated	444
structures, subways, tunnels, offices, sidetracks, turnouts,	445
machine shops, bridges, and other appurtenances for the	446
transportation of persons, packages, express matter, freight, and	447
other matter, in, from, into, or through the municipal	448
corporation; and for such purpose any municipal corporation may	449
appropriate any property within or without its corporate limits;	450
and any municipal corporation may appropriate any property, right,	451
or interest therein previously acquired by any private or public	452
utility corporation for any purpose by appropriate proceedings, as	453
well as the right to cross on, over, or under any street, avenue,	454
alley, way, or public place or part thereof of any other municipal	455
corporation, township, or county;	456

(O) For establishing airports, landing fields, or other air	457
navigation facilities, either within or without the limits of a	458
municipal corporation for aircraft and transportation terminals,	459
with power to impose restrictions on any part thereof and leasing	460
such part thereof as is desired for purposes associated with or	461
incident to such airports, landing fields, or other air navigation	462
facilities and transportation terminals, including the right to	463
appropriate a right-of-way for highways, electric, steam, and	464
interurban railroads leading from such airport or landing field to	465
the main highways or the main line of such steam, electric, or	466
interurban railroads, as are desired; all of which are hereby	467
declared to be public purposes.	468

Division (O) of this section does not authorize a municipal	469
corporation to take or disturb property or facilities belonging to	470
any public utility or to a common carrier engaged in interstate	471
commerce, which property or facilities are required for the proper	472
and convenient operation of such utility or carrier, unless	473
provision is made for the restoration, relocation, or duplication	474
of such property or facilities elsewhere, at the sole cost of the	475
municipal corporation.	476

TheExcept as provided in division (J) of this section, the	477
powers conferred upon municipal corporations by this section shall	478
be exercised for the purposes and in the manner provided in	479
sections 163.01 to 163.22, inclusive, of the Revised Code.	480

"Airport," "landing field," and "air navigation facility," as	481
defined in section 4561.01 of the Revised Code, apply to division	482
(O) of this section.	483

Sec. 3709.41. (A) There is hereby created in each city and in	484
each general health district a health district licensing council,	485
to be appointed by the entity that has responsibility for	486
appointing the board of health in the health district. The members	487
of the health district licensing council shall consist of one	488
representative of each business activity for which the board of	489
health operates a licensing program. To be appointed and remain a	490
member, an individual mustshall be a resident of the health	491
district for which the council was created.	492

The appointing authority shall make initial appointments to	493
the council not later than thirty days after the effective date of	494
this sectionNovember 21, 2001. Of the initial appointments to the	495
council, one-third of the members, rounded to the nearest whole	496
number, shall serve for a term ending three years after the	497
effective date of this sectionNovember 21, 2001; one-third,	498
rounded to the nearest whole number, shall serve for a term ending	499
four years after the effective date of this sectionNovember 21,	500
2001; and the remaining members shall serve for a term ending five	501
years after the effective date of this sectionNovember 21, 2001.	502
Thereafter, terms of office shall be five years, with each term	503
ending on the same day of the same month as did the term that it	504
succeeds.	505

Each member shall hold office from the date of the member's	506
appointment until the end of the term for which the member was	507
appointed. Members may be reappointed.	508

Vacancies shall be filled in the manner provided for original	509
appointments. Any member appointed to fill a vacancy occurring	510
prior to the expiration of the term for which the member's	511
predecessor was appointed shall hold office as a member for the	512
remainder of that term. A member shall continue in office	513
subsequent to the expiration date of the member's term until the	514
member's successor takes office or until a period of sixty days	515
has elapsed, whichever occurs first.	516

Members of a health district licensing council shall serve	517
without compensation, except to the extent that serving on the	518
council is part of their regular duties of employment.	519

(B) Each licensing council shall organize by selecting from	520
among its members a chairperson, secretary, and any other officers	521
it considers necessary. Each council shall adopt bylaws for the	522
regulation of its affairs and the conduct of its business.	523

Each council shall meet at least quarterlyannually or at	524
more frequent intervals if specified in its bylaws. In addition to	525
the mandatory meetings, a council shall meet at the call of the	526
chairperson or the request of a majority of the council members.	527

(C) Pursuant to sections 3709.03, 3709.05, and 3709.07 of the	528
Revised Code, the health district licensing council shall appoint	529
one of its members to serve as a member of the board of health.	530
The council shall appoint one of its members to serve as an	531
alternate board of health member if for any reason the original	532
member is required to abstain from voting on a particular issue	533
being considered by the board of health. While serving on behalf	534
of the original member, the alternate member has the same powers	535
and duties as the original member.	536

Sec. 6101.181. (A) For the purposes of this section, either	537
of the following constitutes a public exigency:	538

(1) A finding by the director of environmental protection	539
that a public health nuisance caused by an occasion of unavoidable	540
urgency and suddenness due to unsanitary conditions compels the	541
immediate construction of sewers for the protection of the public	542
health and welfare;	543

(2) The issuance of an order by the board of health of a	544
health district to mitigate or abate a public health nuisance	545
caused by an occasion of unavoidable urgency and suddenness due to	546
unsanitary conditions that compels the immediate construction of	547
sewers for the protection of the public health and welfare.	548

(B) If the board of directors of a conservancy district is	549
unable to purchase property for the purpose of the construction of	550
sewers to mitigate or abate the public health nuisance that is the	551
subject of a finding of the director or an order of the board of	552
health, the board of directors may adopt a resolution finding that	553
it is necessary for the protection of the public health and	554
welfare to appropriate property that the board of directors	555
considers needed for that purpose. The resolution shall contain a	556
definite, accurate, and detailed description of the property and	557
the name and place of residence, if known or with reasonable	558
diligence ascertainable, of the owner of the property	559
appropriated.	560

The board of directors shall fix in the resolution what the	561
board considers to be the value of the property appropriated,	562
which shall be supported by an independent appraisal, together	563
with damages to the residue, and shall deposit the value of it,	564
together with the damages, with the probate court or the court of	565
common pleas of the county in which the property, or a part of it,	566
is situated. The power to appropriate property for the purposes of	567
this section shall be exercised in the manner provided in sections	568
163.01 to 163.22 of the Revised Code.	569

(C) As used in this section:

570

(1) "Board of health" means the board of health of a city or	571
general health district or the authority having the duties of a	572
board of health in any city as authorized by section 3709.05 of	573
the Revised Code.	574

(2) "Health district" means a city or general health district	575
as created by or under the authority of Chapter 3709. of the	576
Revised Code.	577

Sec. 6115.221. (A) For the purposes of this section, either	578
of the following constitutes a public exigency:	579

(1) A finding by the director of environmental protection	580
that a public health nuisance caused by an occasion of unavoidable	581
urgency and suddenness due to unsanitary conditions compels the	582
immediate construction of sewers for the protection of the public	583
health and welfare;	584

(2) The issuance of an order by the board of health of a	585
health district to mitigate or abate a public health nuisance	586
caused by an occasion of unavoidable urgency and suddenness due to	587
unsanitary conditions that compels the immediate construction of	588
sewers for the protection of the public health and welfare.	589

(B) If the board of directors of a sanitary district is	590
unable to purchase property for the purpose of the construction of	591
sewers to mitigate or abate the public health nuisance that is the	592
subject of a finding of the director or an order of the board of	593
health, the board of directors may adopt a resolution finding that	594
it is necessary for the protection of the public health and	595
welfare to appropriate property that the board of directors	596
considers needed for that purpose. The resolution shall contain a	597
definite, accurate, and detailed description of the property and	598
the name and place of residence, if known or with reasonable	599
diligence ascertainable, of the owner of the property	600
appropriated.	601

The board of directors shall fix in the resolution what the	602
board considers to be the value of the property appropriated,	603
which shall be supported by an independent appraisal, together	604
with damages to the residue, and shall deposit the value of it,	605
together with the damages, with the probate court or the court of	606
common pleas of the county in which the property, or a part of it,	607
is situated. The power to appropriate property for the purposes of	608
this section shall be exercised in the manner provided in sections	609
163.01 to 163.22 of the Revised Code.	610

(C) As used in this section:

611

(1) "Board of health" means the board of health of a city or	612
general health district or the authority having the duties of a	613
board of health in any city as authorized by section 3709.05 of	614
the Revised Code.	615

(2) "Health district" means a city or general health district	616
as created by or under the authority of Chapter 3709. of the	617
Revised Code.	618

Sec. 6117.012.  (A) A board of county commissioners may adopt	619
rules requiring owners of property within the district whose	620
property is served by a connection to sewers maintained and	621
operated by the board or to sewers that are connected to	622
interceptor sewers maintained and operated by the board to:	623

(1) Disconnect stormwater inflows to sanitary sewers	624
maintained and operated by the board and not operated as a	625
combined sewer, or to connections with such sewers;	626

(2) Disconnect non-stormwater inflows to stormwater sewers	627
maintained and operated by the board and not operated as a	628
combined sewer, or to connections with such sewers;	629

(3) Reconnect or relocate any such disconnected inflows in	630
compliance with board rules and applicable building codes, health	631
codes, or other relevant codes;	632

(4) Prevent sewer back-ups into properties that have	633
experienced one or more overflows of sanitary or combined sewers	634
maintained and operated by the board.	635

(B) Any inflow required to be disconnected or any sewer	636
back-up required to be prevented under a rule adopted pursuant to	637
division (A) of this section constitutes a nuisance subject to	638
injunctive relief and abatement pursuant to Chapter 3767. of the	639
Revised Code or as otherwise permitted by law.	640

(C) A board of county commissioners may use sewer district	641
funds; county general fund moneys; and, to the extent permitted by	642
their terms, loans, grants, or other moneys from appropriate state	643
or federal funds, for either of the following:	644

(1) The cost of disconnections, reconnections, or	645
relocations, or sewer back-up prevention required by rules adopted	646
pursuant to division (A) of this section, performed by the county	647
or under contract with the county;	648

(2) Payments to the property owner or a contractor hired by	649
the property owner pursuant to a competitive process established	650
by district rules, for the cost of disconnections, reconnections,	651
or relocations, or sewer back-up prevention required by rules	652
adopted pursuant to division (A) of this section after the board,	653
pursuant to its rules, has approved the work to be performed and	654
after the county has received from the property owner a statement	655
releasing the county from all liability in connection with the	656
disconnections, reconnections, or relocations, or sewer back-up	657
prevention.	658

(D) Except as provided in division (E) of this section, the	659
board of county commissioners shall require in its rules regarding	660
disconnections, reconnections, or relocations of sewers or sewer	661
back-up prevention the reimbursement of moneys expended pursuant	662
to division (C) of this section by either of the following	663
methods:	664

(1) A charge to the property owner in the amount of the	665
payment made pursuant to division (C) of this section for	666
immediate payment or payment in installments with interest as	667
determined by the board not to exceed ten per cent, which payments	668
may be billed as a separate item with the rents charged to that	669
owner for use of the sewers. The board may approve installment	670
payments for a period of not more than fifteen years. If charges	671
are to be paid in installments, the board shall certify to the	672
county auditor information sufficient to identify each subject	673
parcel of property, the total of the charges to be paid in	674
installments, and the total number of installments to be paid. The	675
auditor shall record the information in the sewer improvement	676
record until these charges are paid in full. Charges not paid when	677
due shall be certified to the county auditor, who shall place the	678
charges upon the real property tax list and duplicate against that	679
property. Such charges shall be a lien on the property from the	680
date they are placed on the tax list and duplicate and shall be	681
collected in the same manner as other taxes.	682

(2) A special assessment levied against the property, payable	683
in such number of years as the board determines, not to exceed	684
fifteen years, with interest as determined by the board not to	685
exceed ten per cent. The board of county commissioners shall	686
certify the assessments to the county auditor, stating the amount	687
and time of payment. The auditor shall record the information in	688
the county sewer improvement record, showing separately the	689
assessments to be collected, and shall place the assessments upon	690
the real property tax list and duplicate for collection. Such	691
assessment shall be a lien on the property from the date it is	692
placed on the tax list and duplicate and shall be collected in the	693
same manner as other taxes.	694

(E) The county may adopt a resolution specifying a maximum	695
amount of the cost of any disconnection, reconnection, or	696
relocation, or sewer back-up prevention required pursuant to	697
division (A) of this section that may be paid by the county for	698
each affected parcel of property without requiring reimbursement.	699
SuchThat amount may be allowed only if there is a building code,	700
health code, or other relevant code, or a federally imposed or	701
state-imposed consent decree that is filed or otherwise recorded	702
in a court of competent jurisdiction, applicable to the affected	703
parcel that prohibits in the future any inflows or sewer back-ups	704
not allowed under rules adopted pursuant to division (A)(1) or (4)	705
of this section. The board, by rule, shall establish criteria for	706
determining how much of the maximum amount for each qualifying	707
parcel need not be reimbursed.	708

(F) Disconnections, reconnections, or relocations, or sewer	709
back-up prevention required under this section that areand	710
performed by a contractor under contract with the property owner	711
shall not be considered a "public improvement" and those performed	712
by the county shall be considered a "public improvement" as	713
defined in section 4115.03 of the Revised Code.	714

Disconnections, reconnections, or relocations, or sewer	715
back-up prevention required under this section performed by a	716
contractor under contract with the property owner shall not be	717
subject to competitive bidding or public bond laws.	718

(G) Property owners shall be responsible for maintaining any	719
improvements made on private property to reconnect or relocate	720
disconnected inflows or for sewer back-up prevention pursuant to	721
this section unless a public easement exists for the county to	722
maintain that improvement.	723

Sec. 6117.39. Whenever(A) Except as provided in division	724
(B) of this section, whenever, in the opinion of the board of	725
county commissioners, it is necessary to acquire real estate or	726
any interest in real estate for the acquisition, construction,	727
maintenance, or operation of any sewer, drainage, or other	728
improvement authorized by this chapter, or to acquire the right to	729
construct, maintain, and operate the sewer, drainage, or other	730
improvement in and upon any property within or outside of a county	731
sewer district, it may purchase the real estate, interest in real	732
estate, or right by negotiation. If the board and the owner of the	733
real estate, interest in real estate, or right are unable to agree	734
upon its purchase and sale, or the amount of damages to be awarded	735
for it, the board may appropriate the real estate, interest, or	736
right in accordance with sections 163.01 to 163.22 of the Revised	737
Code, except that the board, in the exercise of the powers granted	738
by this section or any other section of this chapter, may not	739
appropriate real estate or personal property owned by a municipal	740
corporation.	741

(B)(1) For the purposes of division (B) of this section,	742
either of the following constitutes a public exigency:	743

(a) A finding by the director of environmental protection	744
that a public health nuisance caused by an occasion of unavoidable	745
urgency and suddenness due to unsanitary conditions compels the	746
immediate construction of sewers for the protection of the public	747
health and welfare;	748

(b) The issuance of an order by the board of health of a	749
health district to mitigate or abate a public health nuisance	750
caused by an occasion of unavoidable urgency and suddenness due to	751
unsanitary conditions that compels the immediate construction of	752
sewers for the protection of the public health and welfare.	753

(2) If the board of county commissioners is unable to	754
purchase property for the purpose of the construction of sewers to	755
mitigate or abate the public health nuisance that is the subject	756
of a finding of the director or an order of the board of health,	757
the board of county commissioners may adopt a resolution finding	758
that it is necessary for the protection of the public health and	759
welfare to appropriate property that the board of county	760
commissioners considers needed for that purpose. The resolution	761
shall contain a definite, accurate, and detailed description of	762
the property and the name and place of residence, if known or with	763
reasonable diligence ascertainable, of the owner of the property	764
appropriated.	765

The board of county commissioners shall fix in the resolution	766
what the board considers to be the value of the property	767
appropriated, which shall be supported by an independent	768
appraisal, together with damages to the residue, and shall deposit	769
the value of it, together with the damages, with the probate court	770
or the court of common pleas of the county in which the property,	771
or a part of it, is situated. The power to appropriate property	772
for the purposes of division (B) of this section shall be	773
exercised in the manner provided in sections 163.01 to 163.22 of	774
the Revised Code.	775

(3) As used in division (B) of this section:

776

(a) "Board of health" means the board of health of a city or	777
general health district or the authority having the duties of a	778
board of health in any city as authorized by section 3709.05 of	779
the Revised Code.	780

(b) "Health district" means a city or general health district	781
as created by or under the authority of Chapter 3709. of the	782
Revised Code.	783

Sec. 6119.11. The(A) Except as provided in division (B) of	784
this section, the board of trustees of a regional water and sewer	785
district may condemn for the use of the district any public or	786
private land, easement, rights, rights-of-way, franchises, or	787
other property within or without the district required by it for	788
the accomplishment of its purposes according to the procedure set	789
forth in sections 163.01 to 163.22, inclusive, of the Revised	790
Code.	791

(B)(1) For the purposes of division (B) of this section,	792
either of the following constitutes a public exigency:	793

(a) A finding by the director of environmental protection	794
that a public health nuisance caused by an occasion of unavoidable	795
urgency and suddenness due to unsanitary conditions compels the	796
immediate construction of sewers for the protection of the public	797
health and welfare;	798

(b) The issuance of an order by the board of health of a	799
health district to mitigate or abate a public health nuisance	800
caused by an occasion of unavoidable urgency and suddenness due to	801
unsanitary conditions that compels the immediate construction of	802
sewers for the protection of the public health and welfare.	803

(2) If the board of trustees of a regional water and sewer	804
district is unable to purchase property for the purpose of the	805
construction of sewers to mitigate or abate the public health	806
nuisance that is the subject of a finding of the director or an	807
order of the board of health, the board of trustees may adopt a	808
resolution finding that it is necessary for the protection of the	809
public health and welfare to appropriate property that the board	810
of trustees considers needed for that purpose. The resolution	811
shall contain a definite, accurate, and detailed description of	812
the property and the name and place of residence, if known or with	813
reasonable diligence ascertainable, of the owner of the property	814
appropriated.	815

The board of trustees shall fix in the resolution what the	816
board considers to be the value of the property appropriated,	817
which shall be supported by an independent appraisal, together	818
with damages to the residue, and shall deposit the value of it,	819
together with the damages, with the probate court or the court of	820
common pleas of the county in which the property, or a part of it,	821
is situated. The power to appropriate property for the purposes of	822
division (B) of this section shall be exercised in the manner	823
provided in sections 163.01 to 163.22 of the Revised Code.	824

(3) As used in division (B) of this section:

825

(a) "Board of health" means the board of health of a city or	826
general health district or the authority having the duties of a	827
board of health in any city as authorized by section 3709.05 of	828
the Revised Code.	829

(b) "Health district" means a city or general health district	830
as created by or under the authority of Chapter 3709. of the	831
Revised Code.	832

Section 2. That existing sections 163.02, 163.09, 163.12,	833
163.21, 307.08, 307.79, 307.99, 719.01, 3709.41, 6117.012,	834
6117.39, and 6119.11 of the Revised Code are hereby repealed.	835