REPRESENTATIVES Seitz, Collier, Niehaus, McGregor, Aslanides, Schneider, Webster, Gilb, Wolpert, Schlichter, Sferra, Daniels, Flowers, Barrett, Boccieri, Driehaus, C. Evans, Grendell, Otterman, Peterson, Raussen, Setzer, Ujvagi, Yates

To amend sections 163.02, 163.09, 163.12, 307.08,

1

307.79, 3709.41, 6117.012, 6117.39, 6117.51, and

2

6119.11 and to enact sections 6101.181 and

3

6115.221 of the Revised Code to allow a county,

4

conservancy district, sanitary district, county

5

sewer district, or regional water and sewer

6

district to appropriate, without a prior jury

7

assessment of compensation for the taking, land

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 potential civil fine

17

for violation of those rules; to authorize a board

18

of county commissioners that has established a

19

county sewer district to adopt rules governing the

20

prevention of sewer back-ups; to exempt certain

21

farm dwellings from certain sewer connections; and

22

to require health district licensing councils to

23

meet at least annually rather than quarterly.

24

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

Section 1. That sections 163.02, 163.09, 163.12, 307.08,	25
307.79, 3709.41, 6117.012, 6117.39, 6117.51, and 6119.11 be	26
amended and sections 6101.181 and 6115.221 of the Revised Code be	27
enacted to read as follows:	28

Sec. 163.02.  (A) Except as provided in divisions (B), (C),	29
and (D), and (F) of this section, all appropriations of real	30
property shall be made pursuant to sections 163.01 to 163.22 of	31
the Revised Code.	32

(B) Subject to division (E) of this section, the director of	33
transportation may appropriate real property pursuant to sections	34
163.01 to 163.22 of the Revised Code or as otherwise provided by	35
law.	36

(C) Subject to division (E) of this section, a conservancy	37
district may appropriate real property by procedures prescribed in	38
Chapter 6101. of the Revised Code.	39

(D) Subject to division (E) of this section, a sanitary	40
district may appropriate real property by procedures prescribed in	41
Chapter 6115. of the Revised Code.	42

(E) When the director of transportation, a conservancy	43
district, or a sanitary district proceeds to appropriate real	44
property other than under sections 163.01 to 163.22 of the Revised	45
Code, the proceedings are subject to division (B) of section	46
163.21 of the Revised Code.	47

(F) A county, conservancy district, sanitary district, county	48
sewer district, or a regional water and sewer district also may	49
appropriate real property in the manner prescribed in division (B)	50
of each section 307.08, 6101.181, 6115.221, 6117.39, or 6119.11 of	51
the Revised Code, respectively.	52

(G) Any instrument by which the state or an agency of the	53
state acquires real property pursuant to this section shall	54
identify the agency of the state that has the use and benefit of	55
the real property as specified in section 5301.012 of the Revised	56
Code.	57

Sec. 163.09.  (A) If no answer is filed pursuant to section	58
163.08 of the Revised Code, norand no approval ordered by the	59
court to a settlement of the rights of all necessary parties, the	60
court, on motion of a public agency, shall declare the value of	61
the property taken and the damages, if any, to the residue to be	62
as set forth in any document properly filed with the clerk of	63
courtsthe court of common pleas by the public agency. In all	64
other cases, the court shall fix a time, within twenty days from	65
the last date that suchthe answer could have been filed, for the	66
assessment of compensation by a jury.	67

(B) When an answer is filed pursuant to section 163.08 of the	68
Revised Code and any of the matters relating to the right to make	69
the appropriation, the inability of the parties to agree, or the	70
necessity for the appropriation are specifically denied in the	71
manner provided in suchthat section, the court shall set a day,	72
not less than five or more than fifteen days from the date the	73
answer was filed, to hear such questionsthose matters. Upon such	74
questionsthose matters, the burden of proof is upon the owner. A	75
resolution or ordinance of the governing or controlling body,	76
council, or board of the agency declaring the necessity for the	77
appropriation shall be prima-facie evidence of suchthat necessity	78
in the absence of proof showing an abuse of discretion by the	79
agency in determining suchthat necessity. If, as to any or all of	80
the property or other interests sought to be appropriated, the	81
court determines the questionsmatters in favor of the agency, the	82
court shall set a time for the assessment of compensation by the	83
jury within twenty days from the date of the journalization of	84
suchthat determination. An order of the court in favor of the	85
agency on any of such questionsthe matters or on qualification	86
under section 163.06 of the Revised Code, shall not be a final	87
order for purposes of appeal. An order of the court against the	88
agency on any of such questions,the matters or on the question of	89
qualification under section 163.06 of the Revised Code, shall be a	90
final order for purposes of appeal. If a public agency has taken	91
possession prior to such an order and such an order, after any	92
appeal, is against the agency on any of such questionsthe	93
matters, the agency shall restore the property to the owner in its	94
original condition or respond in damages, which may include the	95
items set forth in division (A)(2) of section 163.21 of the	96
Revised Code, recoverable by civil action, to which the state	97
consents.	98

(C) When an answer is filed pursuant to section 163.08 of the	99
Revised Code, and none of the matters set forth in division (B) of	100
this section is specifically denied, the court shall fix a time	101
within twenty days from the date the answer was filed for the	102
assessment of compensation by a jury.	103

(D) If answers are filed pursuant to divisions (B) and (C) of	104
this section, or an answer is filed on behalf of fewer than all	105
the named owners, the court shall set the hearing or hearings at	106
such times as are reasonable under all the circumstances, but in	107
no event later than twenty days after the issues are joined as to	108
all necessary parties or twenty days after rule therefor,	109
whichever is earlier.	110

(E) The court, with the consent of the parties, may order two	111
or more cases to be consolidated and tried together, but the	112
rights of each owner to compensation, damages, or both shall be	113
separately determined by the jury in its verdict.	114

(F) If an answer is filed under section 163.08 of the Revised	115
Code with respect to the value of property appropriated under	116
section 307.08, 6101.181, 6115.221, 6117.39, or 6119.11 of the	117
Revised Code as the result of a public exigency, the burden of	118
proof with respect to that value is on the party or parties to the	119
appropriation other than the property owners.	120

Sec. 163.12. (A) A view of the premises to be appropriated	121
or of premises appropriated shall be ordered by the court when	122
demanded by a party to the proceedings. The	123

(B) The property owners shall open and close the case except	124
that, if the premises are appropriated under section 307.08,	125
6101.181, 6115.221, 6117.39, or 6119.11 of the Revised Code as the	126
result of a public exigency, the party or parties other than the	127
owners shall open and close the case.	128

(C) The court may amend any defect or informality in	129
proceedings under sections 163.01 to 163.22, inclusive, of the	130
Revised Code. The court may cause new parties to be added, and	131
direct such further notice to be given to a party in interest as	132
the court deemsconsiders proper.	133

(D) No part of the pleadings, other than the petition, shall	134
be read or exhibited to the jury.	135

Sec. 307.08. When(A) Except as provided in division (B) of	136
this section, when, in the opinion of the board of county	137
commissioners, it is necessary to procure real estate, a	138
right-of-way, or an easement for a courthouse, a jail, or public	139
offices, or for a bridge and the approaches theretoto it, or	140
otherfor another structure, or public market place, or market	141
house, proceedings shall be had in accordance with sections 163.01	142
to 163.22, inclusive, of the Revised Code.	143

(B)(1) For the purposes of division (B) of this section,	144
either of the following constitutes a public exigency:	145

(a) A finding by the director of environmental protection	146
that a public health nuisance caused by an occasion of unavoidable	147
urgency and suddenness due to unsanitary conditions compels the	148
immediate construction of sewers for the protection of the public	149
health and welfare;	150

(b) The issuance of an order by the board of health of a	151
health district to mitigate or abate a public health nuisance that	152
is caused by an occasion of unavoidable urgency and suddenness due	153
to unsanitary conditions and compels the immediate construction of	154
sewers for the protection of the public health and welfare.	155

(2) If the board of county commissioners is unable to	156
purchase property for the purpose of the construction of sewers to	157
mitigate or abate the public health nuisance that is the subject	158
of a finding of the director or an order of the board of health,	159
the board of county commissioners may adopt a resolution finding	160
that it is necessary for the protection of the public health and	161
welfare to appropriate property that the board of county	162
commissioners considers needed for that purpose. The resolution	163
shall contain a definite, accurate, and detailed description of	164
the property and the name and place of residence, if known or with	165
reasonable diligence ascertainable, of the owners of the property	166
to be appropriated.	167

The board of county commissioners shall fix in its resolution	168
what it considers to be the value of the property to be	169
appropriated, which shall be the board's determination of the	170
compensation for the property and shall be supported by an	171
independent appraisal, together with any damages to the residue.	172
The board shall deposit the compensation so determined, together	173
with an amount for the damages to the residue, with the probate	174
court or the court of common pleas of the county in which the	175
property, or a part of it, is situated. Except as otherwise	176
provided in this division, the power to appropriate property for	177
the purposes of this division shall be exercised in the manner	178
provided in sections 163.01 to 163.22 of the Revised Code for an	179
appropriation in time of public exigency. The board's resolution	180
and a written copy of the independent appraisal shall accompany	181
the petition filed under section 163.05 of the Revised Code.	182

Sec. 307.79. (A) The board of county commissioners may	183
adopt, amend, and rescind rules establishing technically feasible	184
and economically reasonable standards to achieve a level of	185
management and conservation practices whichthat will abate wind	186
or water erosion of the soil or abate the degradation of the	187
waters of the state by soil sediment in conjunction with land	188
grading, excavating, filling, or other soil disturbing activities	189
on land used or being developed for nonfarm commercial,	190
industrial, residential, or other nonfarm purposes, and establish	191
criteria for determination of the acceptability of suchthose	192
management and conservation practices. The rules shall be designed	193
to implement the applicable areawide waste treatment management	194
plan prepared under section 208 of the "Federal Water Pollution	195
Control Act," 86 Stat. 816 (1972), 33 U.S.C.A. 1228, as amended,	196
and to implement phase II of the storm water program of the	197
national pollutant discharge elimination system established in 40	198
C.F.R. Part 122. The rules to implement phase II of the storm	199
water program of the national pollutant discharge elimination	200
system shall not be inconsistent with, more stringent than, or	201
broader in scope than the rules or regulations adopted by the	202
environmental protection agency under 40 C.F.R. Part 122. SuchThe	203
rules adopted under this section shall not apply inside the limits	204
of municipal corporations, to lands being used in a strip mine	205
operation as defined in section 1513.01 of the Revised Code, or to	206
land being used in a surface mine operation as defined in section	207
1514.01 of the Revised Code.	208

The rules adopted under this section may require persons to	209
file plans governing erosion control, sediment control, and water	210
management plans incident thereto, before clearing, grading,	211
excavating, filling, or otherwise wholly or partially disturbing	212
fiveone or more contiguous acres of land owned by one person or	213
operated as one development unit for the construction of nonfarm	214
buildings, structures, utilities, recreational areas, or other	215
similar nonfarm uses. AreasIf the rules require plans to be	216
filed, the rules shall do all of the following:	217

(1) Designate the board itself, its employees, or another	218
agency or official to review and approve or disapprove the plans;	219

(2) Establish procedures and criteria for the review and	220
approval or disapproval of the plans;	221

(3) Require the designated entity to issue a permit to a	222
person for the clearing, grading, excavating, filling, or other	223
project for which plans are approved and to deny a permit to a	224
person whose plans have been disapproved;	225

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

226

(5) Establish procedures under which a person may appeal the	227
denial of a permit.	228

Areas of less than fiveone contiguous acresacre shall not	229
be exempt from compliance with other provisions of this section or	230
rules adopted pursuant tounder this section. The rules adopted	231
under this section may impose reasonable filing fees for plan	232
review, permit processing, and field inspections.	233

No permit or plan shall be required for a public highway,	234
transportation, or drainage improvement or maintenance thereof	235
project undertaken by a government agency or political subdivision	236
in accordance with a statement of its standard sediment control	237
policies that is approved by the board or the chief of the	238
division of soil and water districtsconservation in the	239
department of natural resources.	240

The rules shall not apply inside the limits of municipal	241
corporations.	242

(B) Rules or amendments may be adopted under this section	243
only after public hearinghearings at not fewer than two regular	244
sessions of the board. The board of county commissioners shall	245
cause to be published, in a newspaper of general circulation in	246
the county, notice of the public hearings, including time, date,	247
and place, once a week for two weeks immediately preceding the	248
hearings. The proposed rules or amendments shall be made available	249
by the board to the public at the board office or other location	250
indicated in the notice. The rules or amendments shall take effect	251
on the thirty-first day following the date of their adoption.	252

(C) The board of county commissioners may employ personnel,	253
to assist in the administration of this section and the rules	254
adopted under it. The board also, if the action does not conflict	255
with the rules, may delegate duties to review sediment control and	256
water management plans to its employees, and may enter into	257
agreements with one or more political subdivisions, other county	258
officials, or other government agencies, in any combination, in	259
order to obtain reviews and comments on such plans governing	260
erosion control, sediment control, and water management or to	261
obtain other services for the administration of the rules adopted	262
under this section.	263

(D) The board of county commissioners or any duly authorized	264
representative of the board may, upon identification to the owner	265
or person in charge, enter any land upon obtaining agreement with	266
the owner, tenant, or manager thereofof the land in order to	267
determine whether there is compliance with the rules adopted under	268
this section. If the board or its duly authorized representative	269
is unable to obtain such an agreement, the board or representative	270
may apply for, and a judge of the court of common pleas for the	271
county where the land is located may issue, an appropriate	272
inspection warrant as necessary to achieve the purposes of this	273
chapter.	274

(E)(1) If the board of county commissioners or its duly	275
authorized representative determines that a violation of the rules	276
adopted under this section exists and requests, the board or	277
representative shall authorize the issuance of a notice of	278
violation. If, after a period of not less than thirty days has	279
elapsed following the issuance of the notice of violation, the	280
violation continues, the board or its duly authorized	281
representative shall issue a second notice of violation. Except as	282
provided in division (E)(3) of this section, if, after a period of	283
not less than fifteen days has elapsed following the issuance of	284
the second notice of violation, the violation continues, the board	285
or its duly authorized representative may issue a stop work order	286
if the violator failed to get any federal, state, or local permit	287
necessary for sediment and erosion control, earth movement,	288
clearing, or cut and fill activities, or may issue a stop work	289
order after first obtaining the written approval of the	290
prosecuting attorney of the county if, in the opinion of the	291
prosecuting attorney, the violation is egregious.	292

Once a stop work order is issued, the board or its duly	293
authorize representative shall request, in writing, the	294
prosecuting attorney of the county in writing, the prosecuting	295
attorney shallto seek an injunction or other appropriate relief	296
in the court of common pleas to abate excessive erosion or	297
sedimentation and secure compliance with the rules adopted under	298
this section. InIf the prosecuting attorney seeks an injunction	299
or other appropriate relief, then, in granting relief, the court	300
of common pleas may order the construction of sediment control	301
improvements or implementation of other control measures and may	302
assess a civil fine of not less than one hundred or more than five	303
hundred dollars. Each day of violation of a rule or stop work	304
order issued under this section shall be considered a separate	305
violation subject to a civil fine.	306

(2) The person to whom a stop work order is issued under this	307
section may appeal the order to the court of common pleas of the	308
county in which it was issued, seeking any equitable or other	309
appropriate relief from that order.	310

(3) No stop work order shall be issued under this section	311
against any public highway, transportation, or drainage	312
improvement or maintenance project undertaken by a government	313
agency or political subdivision in accordance with a statement of	314
its standard sediment control policies that is approved by the	315
board or the chief of the division of soil and water conservation	316
in the department of natural resources.	317

(F) No person shall violate any rule adopted or order issued	318
under this section. Notwithstanding division (E) of this section,	319
if the board of county commissioners determines that a violation	320
of any rule adopted or administrative order issued under this	321
section exists, the board may request, in writing, the prosecuting	322
attorney of the county to seek an injunction or other appropriate	323
relief in the court of common pleas to abate excessive erosion or	324
sedimentation and secure compliance with the rules or order. In	325
granting relief, the court of common pleas may order the	326
construction of sediment control improvements or implementation of	327
other control measures and may assess a civil fine of not less	328
than one hundred or more than five hundred dollars. Each day of	329
violation of a rule adopted or administrative order issued under	330
this section shall be considered a separate violation subject to a	331
civil fine.	332

Sec. 3709.41. (A) There is hereby created in each city and in	333
each general health district a health district licensing council,	334
to be appointed by the entity that has responsibility for	335
appointing the board of health in the health district. The members	336
of the health district licensing council shall consist of one	337
representative of each business activity for which the board of	338
health operates a licensing program. To be appointed and remain a	339
member, an individual mustshall be a resident of the health	340
district for which the council was created.	341

The appointing authority shall make initial appointments to	342
the council not later than thirty days after the effective date of	343
this sectionNovember 21, 2001. Of the initial appointments to the	344
council, one-third of the members, rounded to the nearest whole	345
number, shall serve for a term ending three years after the	346
effective date of this sectionNovember 21, 2001; one-third,	347
rounded to the nearest whole number, shall serve for a term ending	348
four years after the effective date of this sectionNovember 21,	349
2001; and the remaining members shall serve for a term ending five	350
years after the effective date of this sectionNovember 21, 2001.	351
Thereafter, terms of office shall be five years, with each term	352
ending on the same day of the same month as did the term that it	353
succeeds.	354

Each member shall hold office from the date of the member's	355
appointment until the end of the term for which the member was	356
appointed. Members may be reappointed.	357

Vacancies shall be filled in the manner provided for original	358
appointments. Any member appointed to fill a vacancy occurring	359
prior to the expiration of the term for which the member's	360
predecessor was appointed shall hold office as a member for the	361
remainder of that term. A member shall continue in office	362
subsequent to the expiration date of the member's term until the	363
member's successor takes office or until a period of sixty days	364
has elapsed, whichever occurs first.	365

Members of a health district licensing council shall serve	366
without compensation, except to the extent that serving on the	367
council is part of their regular duties of employment.	368

(B) Each health district licensing council shall organize by	369
selecting from among its members a chairperson, a secretary, and	370
any other officers it considers necessary. Each council shall	371
adopt bylaws for the regulation of its affairs and the conduct of	372
its business.	373

Each council shall meet at least quarterlyannually or at	374
more frequent intervals if specified in its bylaws. In addition to	375
the mandatory meetings, a council shall meet at the call of the	376
chairperson or the request of a majority of the council members.	377

(C) Pursuant to sections 3709.03, 3709.05, and 3709.07 of the	378
Revised Code, the health district licensing council shall appoint	379
one of its members to serve as a member of the board of health.	380
The council shall appoint one of its members to serve as an	381
alternate board of health member if for any reason the original	382
member is required to abstain from voting on a particular issue	383
being considered by the board of health. While serving on behalf	384
of the original member, the alternate member has the same powers	385
and duties as the original member.	386

Sec. 6101.181. (A) For the purposes of this section, either	387
of the following constitutes a public exigency:	388

(1) A finding by the director of environmental protection	389
that a public health nuisance caused by an occasion of unavoidable	390
urgency and suddenness due to unsanitary conditions compels the	391
immediate construction of sewers for the protection of the public	392
health and welfare;	393

(2) The issuance of an order by the board of health of a	394
health district to mitigate or abate a public health nuisance that	395
is caused by an occasion of unavoidable urgency and suddenness due	396
to unsanitary conditions and compels the immediate construction of	397
sewers for the protection of the public health and welfare.	398

(B) If the board of directors of a conservancy district is	399
unable to purchase property for the purpose of the construction of	400
sewers to mitigate or abate the public health nuisance that is the	401
subject of a finding of the director or an order of the board of	402
health, the board of directors may adopt a resolution finding that	403
it is necessary for the protection of the public health and	404
welfare to appropriate property that the board of directors	405
considers needed for that purpose. The resolution shall contain a	406
definite, accurate, and detailed description of the property and	407
the name and place of residence, if known or with reasonable	408
diligence ascertainable, of the owners of the property to be	409
appropriated.	410

The board of directors shall fix in its resolution what it	411
considers to be the value of the property to be appropriated,	412
which shall be the board's determination of the compensation for	413
the property and shall be supported by an independent appraisal,	414
together with any damages to the residue. The board shall deposit	415
the compensation so determined, together with an amount for the	416
damages to the residue, with the probate court or the court of	417
common pleas of the county in which the property, or a part of it,	418
is situated. Except as otherwise provided in this division, the	419
power to appropriate property for the purposes of this division	420
shall be exercised in the manner provided in sections 163.01 to	421
163.22 of the Revised Code for an appropriation in the time of	422
public exigency. The board's resolution and a written copy of the	423
independent appraisal shall accompany the petition filed under	424
section 163.05 of the Revised Code.	425

Sec. 6115.221. (A) For the purposes of this section, either	426
of the following constitutes a public exigency:	427

(1) A finding by the director of environmental protection	428
that a public health nuisance caused by an occasion of unavoidable	429
urgency and suddenness due to unsanitary conditions compels the	430
immediate construction of sewers for the protection of the public	431
health and welfare;	432

(2) The issuance of an order by the board of health of a	433
health district to mitigate or abate a public health nuisance that	434
is caused by an occasion of unavoidable urgency and suddenness due	435
to unsanitary conditions and compels the immediate construction of	436
sewers for the protection of the public health and welfare.	437

(B) If the board of directors of a sanitary district is	438
unable to purchase property for the purpose of the construction of	439
sewers to mitigate or abate the public health nuisance that is the	440
subject of a finding of the director or an order of the board of	441
health, the board of directors may adopt a resolution finding that	442
it is necessary for the protection of the public health and	443
welfare to appropriate property that the board of directors	444
considers needed for that purpose. The resolution shall contain a	445
definite, accurate, and detailed description of the property and	446
the name and place of residence, if known or with reasonable	447
diligence ascertainable, of the owners of the property to be	448
appropriated.	449

The board of directors shall fix in its resolution what it	450
considers to be the value of the property to be appropriated,	451
which shall be the board's determination of the compensation for	452
the property and shall be supported by an independent appraisal,	453
together with any damages to the residue. The board shall deposit	454
the compensation so determined, together with an amount for the	455
damages to the residue, with the probate court or the court of	456
common pleas of the county in which the property, or a part of it,	457
is situated. Except as otherwise provided in this division, the	458
power to appropriate property for the purposes of this division	459
shall be exercised in the manner provided in sections 163.01 to	460
163.22 of the Revised Code for an appropriation in time of public	461
exigency. The board's resolution and a written copy of the	462
independent appraisal shall accompany the petition filed under	463
section 163.05 of the Revised Code.	464

Sec. 6117.012.  (A) A board of county commissioners may adopt	465
rules requiring owners of property within the district whose	466
property is served by a connection to sewers maintained and	467
operated by the board or to sewers that are connected to	468
interceptor sewers maintained and operated by the board to do any	469
of the following:	470

(1) Disconnect stormwater inflows to sanitary sewers	471
maintained and operated by the board and not operated as a	472
combined sewer, or to connections with suchthose sewers;	473

(2) Disconnect non-stormwater inflows to stormwater sewers	474
maintained and operated by the board and not operated as a	475
combined sewer, or to connections with suchthose sewers;	476

(3) Reconnect or relocate any such disconnected inflows in	477
compliance with board rules and applicable building codes, health	478
codes, or other relevant codes;	479

(4) Prevent sewer back-ups into properties that have	480
experienced one or more overflows of sanitary or combined sewers	481
maintained and operated by the board.	482

(B) Any inflow required to be disconnected or any sewer	483
back-up required to be prevented under a rule adopted pursuant to	484
division (A) of this section constitutes a nuisance subject to	485
injunctive relief and abatement pursuant to Chapter 3767. of the	486
Revised Code or as otherwise permitted by law.	487

(C) A board of county commissioners may use sewer district	488
funds; county general fund moneys; and, to the extent permitted by	489
their terms, loans, grants, or other moneys from appropriate state	490
or federal funds, for either of the following:	491

(1) The cost of disconnections, reconnections, or	492
relocations, or sewer back-up prevention required by rules adopted	493
pursuant to division (A) of this section, performed by the county	494
or under contract with the county;	495

(2) Payments to the property owner or a contractor hired by	496
the property owner pursuant to a competitive process established	497
by district rules, for the cost of disconnections, reconnections,	498
or relocations, or sewer back-up prevention required by rules	499
adopted pursuant to division (A) of this section after the board,	500
pursuant to its rules, has approved the work to be performed and	501
after the county has received from the property owner a statement	502
releasing the county from all liability in connection with the	503
disconnections, reconnections, or relocations, or sewer back-up	504
prevention.	505

(D) Except as provided in division (E) of this section, the	506
board of county commissioners shall require in its rules regarding	507
disconnections, reconnections, or relocations of sewers or sewer	508
back-up prevention the reimbursement of moneys expended pursuant	509
to division (C) of this section by either of the following	510
methods:	511

(1) A charge to the property owner in the amount of the	512
payment made pursuant to division (C) of this section for	513
immediate payment or payment in installments with interest as	514
determined by the board not to exceed ten per cent, which payments	515
may be billed as a separate item with the rents charged to that	516
owner for use of the sewers. The board may approve installment	517
payments for a period of not more than fifteen years. If charges	518
are to be paid in installments, the board shall certify to the	519
county auditor information sufficient to identify each subject	520
parcel of property, the total of the charges to be paid in	521
installments, and the total number of installments to be paid. The	522
auditor shall record the information in the sewer improvement	523
record until these charges are paid in full. Charges not paid when	524
due shall be certified to the county auditor, who shall place the	525
charges upon the real property tax list and duplicate against that	526
property. SuchThose charges shall be a lien on the property from	527
the date they are placed on the tax list and duplicate and shall	528
be collected in the same manner as other taxes.	529

(2) A special assessment levied against the property, payable	530
in suchthe number of years as the board determines, not to exceed	531
fifteen years, with interest as determined by the board not to	532
exceed ten per cent. The board of county commissioners shall	533
certify the assessments to the county auditor, stating the amount	534
and time of payment. The auditor shall record the information in	535
the county sewer improvement record, showing separately the	536
assessments to be collected, and shall place the assessments upon	537
the real property tax list and duplicate for collection. Such	538
assessmentThe assessments shall be a lien on the property from	539
the date it isthey are placed on the tax list and duplicate and	540
shall be collected in the same manner as other taxes.	541

(E) The county may adopt a resolution specifying a maximum	542
amount of the cost of any disconnection, reconnection, or	543
relocation, or sewer back-up prevention required pursuant to	544
division (A) of this section that may be paid by the county for	545
each affected parcel of property without requiring reimbursement.	546
SuchThat amount may be allowed only if there is a building code,	547
health code, or other relevant code, or a federally imposed or	548
state-imposed consent decree that is filed or otherwise recorded	549
in a court of competent jurisdiction, applicable to the affected	550
parcel that prohibits in the future any inflows or sewer back-ups	551
not allowed under rules adopted pursuant to division (A)(1) or (4)	552
of this section. The board, by rule, shall establish criteria for	553
determining how much of the maximum amount for each qualifying	554
parcel need not be reimbursed.	555

(F) Disconnections, reconnections, or relocations, or sewer	556
back-up prevention required under this section that areand	557
performed by a contractor under contract with the property owner	558
shall not be considered a "public improvement", and those	559
performed by the county shall be considered a "public improvement"	560
as defined in section 4115.03 of the Revised Code.	561

Disconnections, reconnections, or relocations, or sewer	562
back-up prevention required under this section performed by a	563
contractor under contract with the property owner shall not be	564
subject to competitive bidding or public bond laws.	565

(G) Property owners shall be responsible for maintaining any	566
improvements made on private property to reconnect or relocate	567
disconnected inflows or for sewer back-up prevention pursuant to	568
this section unless a public easement exists for the county to	569
maintain that improvement.	570

Sec. 6117.39. Whenever(A) Except as provided in division	571
(B) of this section, whenever, in the opinion of the board of	572
county commissioners, it is necessary to acquire real estate or	573
any interest in real estate for the acquisition, construction,	574
maintenance, or operation of any sewer, drainage, or other	575
improvement authorized by this chapter, or to acquire the right to	576
construct, maintain, and operate the sewer, drainage, or other	577
improvement in and upon any property within or outside of a county	578
sewer district, it may purchase the real estate, interest in real	579
estate, or right by negotiation. If the board and the owner of the	580
real estate, interest in real estate, or right are unable to agree	581
upon its purchase and sale, or the amount of damages to be awarded	582
for it, the board may appropriate the real estate, interest, or	583
right in accordance with sections 163.01 to 163.22 of the Revised	584
Code, except that the board, in the exercise of the powers granted	585
by this section or any other section of this chapter, may not	586
appropriate real estate or personal property owned by a municipal	587
corporation.	588

(B)(1) For the purposes of division (B) of this section,	589
either of the following constitutes a public exigency:	590

(a) A finding by the director of environmental protection	591
that a public health nuisance caused by an occasion of unavoidable	592
urgency and suddenness due to unsanitary conditions compels the	593
immediate construction of sewers for the protection of the public	594
health and welfare;	595

(b) The issuance of an order by the board of health of a	596
health district to mitigate or abate a public health nuisance that	597
is caused by an occasion of unavoidable urgency and suddenness due	598
to unsanitary conditions and compels the immediate construction of	599
sewers for the protection of the public health and welfare.	600

(2) If the board of county commissioners is unable to	601
purchase property for the purpose of the construction of sewers to	602
mitigate or abate the public health nuisance that is the subject	603
of a finding of the director or an order of the board of health,	604
the board of county commissioners may adopt a resolution finding	605
that it is necessary for the protection of the public health and	606
welfare to appropriate property that the board of county	607
commissioners considers needed for that purpose. The resolution	608
shall contain a definite, accurate, and detailed description of	609
the property and the name and place of residence, if known or with	610
reasonable diligence ascertainable, of the owners of the property	611
to be appropriated.	612

The board of county commissioners shall fix in its resolution	613
what it considers to be the value of the property to be	614
appropriated, which shall be the board's determination of the	615
compensation for the property and shall be supported by an	616
independent appraisal, together with any damages to the residue.	617
The board shall deposit the compensation so determined, together	618
with an amount for the damages to the residue, with the probate	619
court or the court of common pleas of the county in which the	620
property, or a part of it, is situated. Except as otherwise	621
provided in this division, the power to appropriate property for	622
the purposes of this division shall be exercised in the manner	623
provided in sections 163.01 to 163.22 of the Revised Code for an	624
appropriation in the time of public exigency. The board's	625
resolution and a written copy of the independent appraisal shall	626
accompany the petition filed under section 163.05 of the Revised	627
Code.	628

Sec. 6117.51.  If the board of health of the health district	629
within which a new public sewer construction project is proposed	630
or located passes a resolution stating that the reason for the	631
project is to reduce or eliminate an existing health problem or a	632
hazard of water pollution, the board of county commissioners of	633
the county, by resolution, may order the owner of any premises	634
located in a sewer district in the county, the owner's agent,	635
lessee, or tenant, or any other occupant of the premises to	636
connect the premises to the sewer for the purpose of discharging	637
sewage or other waste that the board determines is originating on	638
the premises, to make use of the connection, and to cease the	639
discharge of the sewage or other waste into a cesspool, ditch,	640
private sewer, privy, septic tank, semipublic disposal system as	641
defined in division (B)(1)(a) of section 3709.085 of the Revised	642
Code, or other outlet if the board finds that the sewer is	643
available for use and is accessible to the premises following a	644
determination and certification to the board by a registered	645
professional engineer designated by it as to the availability and	646
accessibility of the sewer. This section does not apply to any of	647
the following:	648

(A) Any discharge authorized by a permit issued under	649
division (J) of section 6111.03 of the Revised Code other than a	650
discharge to or from a semipublic disposal system as defined in	651
division (B)(1)(a) of section 3709.085 of the Revised Code;	652

(B) Wastes resulting from the keeping of animals;

653

(C) Any premises that are not served by a common sewage	654
collection system when the foundation wall of the structure from	655
which sewage or other waste originates is more than two hundred	656
feet from the nearest boundary of the right-of-way within which	657
the sewer is located;	658

(D) Any premises that are served by a common sewage	659
collection system when both the foundation wall of the structure	660
from which the sewage or other waste originates and the common	661
sewage collection system are more than two hundred feet from the	662
nearest boundary of the right-of-way within which the public sewer	663
is located;	664

(E) Any dwelling house located on property that is listed on	665
the county's agricultural land tax list as being valued for tax	666
purposes as land devoted exclusively to agricultural use under	667
section 5713.31 of the Revised Code, when the foundation wall of	668
the dwelling house is two hundred feet or less from the nearest	669
boundary of the right-of-way within which the sewer is located, if	670
both of the following also apply:	671

(1) The sewer right-of-way for the property on which the	672
dwelling house is located was obtained by appropriation due to a	673
public exigency pursuant to division (B) of each section 307.08,	674
6101.181, 6115.211, 6117.39, or 6119.11 of the Revised Code.	675

(2) The local health department has certified that the	676
household sewage disposal system is functioning properly.	677

The board shall not direct an order under this section to a	678
resident tenant unless it determines that the terms of the tenancy	679
are such that the owner lacks sufficient rights of access to	680
permit the owner to comply with the terms of the order.	681

An owner, agent, lessee, tenant, or occupant shall comply	682
with the order of the board within ninety days after the	683
completion of service of the order upon that person as provided in	684
this section. The board, upon written application filed prior to	685
the expiration of the ninety-day period, may waive compliance with	686
any order either temporarily or permanently and conditionally or	687
unconditionally.	688

In its resolution, the board shall direct its clerk, or the	689
clerk's designee, to serve its order upon the owner, agent,	690
lessee, tenant, or occupant. Service of the order shall be made	691
personally, by leaving the order at the usual place of residence	692
with a person of suitable age and discretion then residing	693
therein, or by certified mail addressed to the owner, agent,	694
lessee, tenant, or occupant at that person's last known address or	695
to the address to which tax bills are sent. If it appears by the	696
return of service or the return of the order forwarded by	697
certified mail that the owner, agent, lessee, tenant, or occupant	698
cannot be found, that person shall be served by publication of the	699
order once in a newspaper of general circulation within the	700
county, or if that person refuses service, that person shall be	701
served by ordinary mail addressed to that person's last known	702
address or to the address to which tax bills are sent. The return	703
of the person serving the order or a certified copy of the return,	704
or a returned receipt for the order forwarded by certified mail	705
accepted by the addressee or anyone purporting to act for the	706
addressee, is prima-facie evidence of the service of the order	707
under this section. The return of the person attempting to serve	708
the order, or the return to the sender of the order forwarded by	709
certified mail with an indication on the return of the refusal of	710
the addressee to accept delivery, is prima-facie evidence of the	711
refusal of service.	712

No owner, agent, lessee, tenant, or occupant shall violate an	713
order issued under this section. Upon request of the board, the	714
prosecuting attorney shall prosecute in a court of competent	715
jurisdiction any owner, agent, lessee, tenant, or occupant who	716
violates an order issued under this section. Each day that a	717
violation continues after conviction for the violation of an order	718
issued under this section and the final determination thereof is a	719
separate offense. The court, for good cause shown, may grant a	720
reasonable additional period of time for compliance after	721
conviction.	722

Any owner, agent, lessee, tenant, or occupant violating an	723
order issued under this section also may be enjoined from	724
continuing in violation. Upon request of the board, the	725
prosecuting attorney shall bring an action in a court of competent	726
jurisdiction for an injunction against the owner, agent, lessee,	727
tenant, or occupant violating an order.	728

The Ohio water development authority created under section	729
6121.02 of the Revised Code, in addition to its other powers, has	730
the same power and shall be governed by the same procedures in a	731
waste water facilities service area, or in any area adjacent to a	732
public sewer operated by the authority, as a board of county	733
commissioners in a county sewer district under this section,	734
except that the authority shall act by order, and the attorney	735
general, upon request of the authority, shall prosecute any person	736
who violates an order of the authority issued under this section.	737

Sec. 6119.11. The(A) Except as provided in division (B) of	738
this section, the board of trustees of a regional water and sewer	739
district may condemn for the use of the district any public or	740
private land, easement, rights, rights-of-way, franchises, or	741
other property within or without the district required by it for	742
the accomplishment of its purposes according to the procedure set	743
forth in sections 163.01 to 163.22, inclusive, of the Revised	744
Code.	745

(B)(1) For the purposes of division (B) of this section,	746
either of the following constitutes a public exigency:	747

(a) A finding by the director of environmental protection	748
that a public health nuisance caused by an occasion of unavoidable	749
urgency and suddenness due to unsanitary conditions compels the	750
immediate construction of sewers for the protection of the public	751
health and welfare;	752

(b) The issuance of an order by the board of health of a	753
health district to mitigate or abate a public health nuisance that	754
is caused by an occasion of unavoidable urgency and suddenness due	755
to unsanitary conditions and compels the immediate construction of	756
sewers for the protection of the public health and welfare.	757

(2) If the board of trustees of a regional water and sewer	758
district is unable to purchase property for the purpose of the	759
construction of sewers to mitigate or abate the public health	760
nuisance that is the subject of a finding of the director or an	761
order of the board of health, the board of trustees may adopt a	762
resolution finding that it is necessary for the protection of the	763
public health and welfare to appropriate property that the board	764
of trustees considers needed for that purpose. The resolution	765
shall contain a definite, accurate, and detailed description of	766
the property and the name and place of residence, if known or with	767
reasonable diligence ascertainable, of the owners of the property	768
to be appropriated.	769

The board of trustees shall fix in its resolution what it	770
considers to be the value of the property to be appropriated,	771
which shall be the board's determination of the compensation for	772
the property and shall be supported by an independent appraisal,	773
together with any damages to the residue. The board shall deposit	774
the compensation so determined, together with an amount for the	775
damages to the residue, with the probate court or the court of	776
common pleas of the county in which the property, or a part of it,	777
is situated. Except as otherwise provided in this division, the	778
power to appropriate property for the purposes of this division	779
shall be exercised in the manner provided in sections 163.01 to	780
163.22 of the Revised Code for an appropriation in the time of	781
public exigency. The board's resolution and a written copy of the	782
independent appraisal shall accompany the petition filed under	783
section 163.05 of the Revised Code.	784

Section 2. That existing sections 163.02, 163.09, 163.12,	785
307.08, 307.79, 3709.41, 6117.012, 6117.39, 6117.51, and 6119.11	786
of the Revised Code are hereby repealed.	787