As Reported by the Senate State and Local Government and Veterans Affairs Committee

125th General Assembly Regular Session 2003-2004

Sub. H. B. No. 411

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 

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A BILL

To amend sections 163.02, 163.09, 163.12, 303.02,

1

307.08, 307.79, 504.04, 504.19, 505.07, 505.375,

2

519.02, 3709.41, 6117.012, 6117.39, 6117.51, and

3

6119.11 and to enact sections 307.561, 504.21,

4

6101.181, and 6115.221 of the Revised Code to

5

allow a county, township with a limited home rule

6

government, conservancy district, sanitary

7

district, county sewer district, or regional water

8

and sewer district to appropriate, without a prior

9

jury assessment of compensation for the taking,

10

land for the construction of sewers when the

11

Director of Environmental Protection or a local

12

board of health finds that unsanitary conditions

13

compel the immediate construction of the sewers

14

for the protection of the public health and

15

welfare; to revise the rulemaking authority of a

16

board of county commissioners that adopts rules

17

governing erosion control, sediment control, and

18

water management; to permit townships with a

19

limited home rule government to adopt certain

20

erosion control, sediment control, and water

21

management rules; to establish a potential civil

22

fine for violation of those rules; to authorize a

23

board of county commissioners that has established

24

a county sewer district to adopt rules governing

25

the prevention of sewer back-ups; to exempt

26

certain farm dwellings from certain sewer

27

connections; to authorize the settlement of

28

county-related court actions by consent decrees or

29

court-approved settlement agreements that may

30

include specified rezoning or development

31

agreements; to make changes to the procedures

32

relating to township consent decrees or

33

court-approved settlement agreements; to permit

34

joint ambulance districts to enter into lease

35

contracts with an option to purchase; to remove a

36

reference to the Oil and Gas Law from the county

37

and township zoning laws; and to require health

38

district licensing councils to meet at least

39

annually rather than quarterly.

40

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

Section 1. That sections 163.02, 163.09, 163.12, 303.02,	41
307.08, 307.79, 504.04, 504.19, 505.07, 505.375, 519.02, 3709.41,	42
6117.012, 6117.39, 6117.51, and 6119.11 be amended and sections	43
307.561, 504.21, 6101.181, and 6115.221 of the Revised Code be	44
enacted to read as follows:	45

Sec. 163.02.  (A) Except as provided in divisions (B), (C),	46
and (D), and (F) of this section, all appropriations of real	47
property shall be made pursuant to sections 163.01 to 163.22 of	48
the Revised Code.	49

(B) Subject to division (E) of this section, the director of	50
transportation may appropriate real property pursuant to sections	51
163.01 to 163.22 of the Revised Code or as otherwise provided by	52
law.	53

(C) Subject to division (E) of this section, a conservancy	54
district may appropriate real property by procedures prescribed in	55
Chapter 6101. of the Revised Code.	56

(D) Subject to division (E) of this section, a sanitary	57
district may appropriate real property by procedures prescribed in	58
Chapter 6115. of the Revised Code.	59

(E) When the director of transportation, a conservancy	60
district, or a sanitary district proceeds to appropriate real	61
property other than under sections 163.01 to 163.22 of the Revised	62
Code, the proceedings are subject to division (B) of section	63
163.21 of the Revised Code.	64

(F) A county, township that has adopted a limited home rule	65
government, conservancy district, sanitary district, county sewer	66
district, or a regional water and sewer district also may	67
appropriate real property in the manner prescribed in division (B)	68
of section 307.08, 6101.181, 6115.221, 6117.39, or 6119.11 or	69
division (D) of section 504.19 of the Revised Code, as applicable.	70

(G) Any instrument by which the state or an agency of the	71
state acquires real property pursuant to this section shall	72
identify the agency of the state that has the use and benefit of	73
the real property as specified in section 5301.012 of the Revised	74
Code.	75

Sec. 163.09.  (A) If no answer is filed pursuant to section	76
163.08 of the Revised Code, norand no approval ordered by the	77
court to a settlement of the rights of all necessary parties, the	78
court, on motion of a public agency, shall declare the value of	79
the property taken and the damages, if any, to the residue to be	80
as set forth in any document properly filed with the clerk of	81
courtsthe court of common pleas by the public agency. In all	82
other cases, the court shall fix a time, within twenty days from	83
the last date that suchthe answer could have been filed, for the	84
assessment of compensation by a jury.	85

(B) When an answer is filed pursuant to section 163.08 of the	86
Revised Code and any of the matters relating to the right to make	87
the appropriation, the inability of the parties to agree, or the	88
necessity for the appropriation are specifically denied in the	89
manner provided in suchthat section, the court shall set a day,	90
not less than five or more than fifteen days from the date the	91
answer was filed, to hear such questionsthose matters. Upon such	92
questionsthose matters, the burden of proof is upon the owner. A	93
resolution or ordinance of the governing or controlling body,	94
council, or board of the agency declaring the necessity for the	95
appropriation shall be prima-facie evidence of suchthat necessity	96
in the absence of proof showing an abuse of discretion by the	97
agency in determining suchthat necessity. If, as to any or all of	98
the property or other interests sought to be appropriated, the	99
court determines the questionsmatters in favor of the agency, the	100
court shall set a time for the assessment of compensation by the	101
jury within twenty days from the date of the journalization of	102
suchthat determination. An order of the court in favor of the	103
agency on any of such questionsthe matters or on qualification	104
under section 163.06 of the Revised Code, shall not be a final	105
order for purposes of appeal. An order of the court against the	106
agency on any of such questions,the matters or on the question of	107
qualification under section 163.06 of the Revised Code, shall be a	108
final order for purposes of appeal. If a public agency has taken	109
possession prior to such an order and such an order, after any	110
appeal, is against the agency on any of such questionsthe	111
matters, the agency shall restore the property to the owner in its	112
original condition or respond in damages, which may include the	113
items set forth in division (A)(2) of section 163.21 of the	114
Revised Code, recoverable by civil action, to which the state	115
consents.	116

(C) When an answer is filed pursuant to section 163.08 of the	117
Revised Code, and none of the matters set forth in division (B) of	118
this section is specifically denied, the court shall fix a time	119
within twenty days from the date the answer was filed for the	120
assessment of compensation by a jury.	121

(D) If answers are filed pursuant to divisions (B) and (C) of	122
this section, or an answer is filed on behalf of fewer than all	123
the named owners, the court shall set the hearing or hearings at	124
such times as are reasonable under all the circumstances, but in	125
no event later than twenty days after the issues are joined as to	126
all necessary parties or twenty days after rule therefor,	127
whichever is earlier.	128

(E) The court, with the consent of the parties, may order two	129
or more cases to be consolidated and tried together, but the	130
rights of each owner to compensation, damages, or both shall be	131
separately determined by the jury in its verdict.	132

(F) If an answer is filed under section 163.08 of the Revised	133
Code with respect to the value of property appropriated under	134
section 307.08, 504.19, 6101.181, 6115.221, 6117.39, or 6119.11 of	135
the Revised Code as the result of a public exigency, the burden of	136
proof with respect to that value is on the party or parties to the	137
appropriation other than the property owners.	138

Sec. 163.12. (A) A view of the premises to be appropriated	139
or of premises appropriated shall be ordered by the court when	140
demanded by a party to the proceedings. The	141

(B) The property owners shall open and close the case except	142
that, if the premises are appropriated under section 307.08,	143
504.19, 6101.181, 6115.221, 6117.39, or 6119.11 of the Revised Code	144
as the result of a public exigency, the party or parties other	145
than the owners shall open and close the case.	146

(C) The court may amend any defect or informality in	147
proceedings under sections 163.01 to 163.22, inclusive, of the	148
Revised Code. The court may cause new parties to be added, and	149
direct such further notice to be given to a party in interest as	150
the court deemsconsiders proper.	151

(D) No part of the pleadings, other than the petition, shall	152
be read or exhibited to the jury.	153

Sec. 303.02.  Except as otherwise provided in this section,	154
in the interest of the public health, safety, convenience,	155
comfort, prosperity, or general welfare, the board of county	156
commissioners may, in accordance with a comprehensive plan,	157
regulate by resolution the location, height, bulk, number of	158
stories, and size of buildings and other structures, including	159
tents, cabins, and trailer coaches, percentages of lot areas that	160
may be occupied, set back building lines, sizes of yards, courts,	161
and other open spaces, the density of population, the uses of	162
buildings and other structures, including tents, cabins, and	163
trailer coaches, and the uses of land for trade, industry,	164
residence, recreation, or other purposes in the unincorporated	165
territory of the county, and establish reasonable residential	166
landscaping standards and residential architectural standards,	167
excluding exterior building materials, for the unincorporated	168
territory of the county and, for all these purposes, the board may	169
divide all or any part of the unincorporated territory of the	170
county into districts or zones of such number, shape, and area as	171
the board determines. All such regulations shall be uniform for	172
each class or kind of building or other structure or use	173
throughout any district or zone, but the regulations in one	174
district or zone may differ from those in other districts or	175
zones.	176

For any activities permitted and regulated under Chapter	177
1509., 1513., or 1514. of the Revised Code and any related	178
processing activities, the board of county commissioners may	179
regulate under the authority conferred by this section only in the	180
interest of public health or safety.	181

Sec. 307.08. When(A) Except as provided in division (B) of	182
this section, when, in the opinion of the board of county	183
commissioners, it is necessary to procure real estate, a	184
right-of-way, or an easement for a courthouse, a jail, or public	185
offices, or for a bridge and the approaches theretoto it, or	186
otherfor another structure, or public market place, or market	187
house, proceedings shall be had in accordance with sections 163.01	188
to 163.22, inclusive, of the Revised Code.	189

(B)(1) For the purposes of division (B) of this section,	190
either of the following constitutes a public exigency:	191

(a) A finding by the director of environmental protection	192
that a public health nuisance caused by an occasion of unavoidable	193
urgency and suddenness due to unsanitary conditions compels the	194
immediate construction of sewers for the protection of the public	195
health and welfare;	196

(b) The issuance of an order by the board of health of a	197
health district to mitigate or abate a public health nuisance that	198
is caused by an occasion of unavoidable urgency and suddenness due	199
to unsanitary conditions and compels the immediate construction of	200
sewers for the protection of the public health and welfare.	201

(2) If the board of county commissioners is unable to	202
purchase property for the purpose of the construction of sewers to	203
mitigate or abate the public health nuisance that is the subject	204
of a finding of the director or an order of the board of health,	205
the board of county commissioners may adopt a resolution finding	206
that it is necessary for the protection of the public health and	207
welfare to appropriate property that the board of county	208
commissioners considers needed for that purpose. The resolution	209
shall contain a definite, accurate, and detailed description of	210
the property and the name and place of residence, if known or with	211
reasonable diligence ascertainable, of the owners of the property	212
to be appropriated.	213

The board of county commissioners shall fix in its resolution	214
what it considers to be the value of the property to be	215
appropriated, which shall be the board's determination of the	216
compensation for the property and shall be supported by an	217
independent appraisal, together with any damages to the residue.	218
The board shall deposit the compensation so determined, together	219
with an amount for the damages to the residue, with the probate	220
court or the court of common pleas of the county in which the	221
property, or a part of it, is situated. Except as otherwise	222
provided in this division, the power to appropriate property for	223
the purposes of this division shall be exercised in the manner	224
provided in sections 163.01 to 163.22 of the Revised Code for an	225
appropriation in time of public exigency. The board's resolution	226
and a written copy of the independent appraisal shall accompany	227
the petition filed under section 163.05 of the Revised Code.	228

Sec. 307.561. Notwithstanding any contrary provision in	229
another section of the Revised Code, section 303.12 of the Revised	230
Code, or any vote of the electors on a petition for zoning	231
referendum, a county may settle any court action by a consent	232
decree or court-approved settlement agreement which may include an	233
agreement to rezone any property involved in the action as	234
provided in the decree or court-approved settlement agreement	235
without following the procedures in section 303.12 of the Revised	236
Code and also may include county approval of a development plan	237
for any property involved in the action as provided in the decree	238
or court-approved settlement agreement, provided that the court	239
makes specific findings of fact that notice has been properly made	240
pursuant to this section and the consent decree or court-approved	241
settlement agreement is fair and reasonable.	242

If the subject of the consent decree or court-approved	243
settlement agreement involves a zoning issue subject to referendum	244
under section 303.12 of the Revised Code, the board of county	245
commissioners shall publish notice of their intent to meet and	246
consider and take action on the decree or court-approved	247
settlement agreement and the date and time of the meeting in a	248
newspaper of general circulation in the county at least fifteen	249
days before the meeting. The board shall permit members of the	250
public to express their objections to the consent decree or	251
court-approved settlement agreement at the meeting. Copies of the	252
proposed consent decree or court-approved settlement agreement	253
shall be available to the public at the board's office during	254
normal business hours.	255

At least ten days prior to the submission of a proposed	256
consent decree or settlement agreement to the court for its review	257
and consideration, the plaintiff in the action involving the	258
consent decree or settlement agreement shall publish a notice that	259
shall include the caption of the case, the case number, and the	260
court in which the consent decree or settlement agreement will be	261
filed, the intention of the parties in the action to file a	262
consent decree or settlement agreement, and, when applicable, a	263
description of the real property involved and the proposed change	264
in zoning or permitted use, in a newspaper of general circulation	265
in the county.	266

Sec. 307.79. (A) The board of county commissioners may	267
adopt, amend, and rescind rules establishing technically feasible	268
and economically reasonable standards to achieve a level of	269
management and conservation practices whichthat will abate wind	270
or water erosion of the soil or abate the degradation of the	271
waters of the state by soil sediment in conjunction with land	272
grading, excavating, filling, or other soil disturbing activities	273
on land used or being developed for nonfarm commercial,	274
industrial, residential, or other nonfarm purposes, and establish	275
criteria for determination of the acceptability of suchthose	276
management and conservation practices. The rules shall be designed	277
to implement the applicable areawide waste treatment management	278
plan prepared under section 208 of the "Federal Water Pollution	279
Control Act," 86 Stat. 816 (1972), 33 U.S.C.A. 1228, as amended,	280
and to implement phase II of the storm water program of the	281
national pollutant discharge elimination system established in 40	282
C.F.R. Part 122. The rules to implement phase II of the storm	283
water program of the national pollutant discharge elimination	284
system shall not be inconsistent with, more stringent than, or	285
broader in scope than the rules or regulations adopted by the	286
environmental protection agency under 40 C.F.R. Part 122. SuchThe	287
rules adopted under this section shall not apply inside the limits	288
of municipal corporations or the limits of townships with a	289
limited home rule government that have adopted rules under section	290
504.21 of the Revised Code, to lands being used in a strip mine	291
operation as defined in section 1513.01 of the Revised Code, or to	292
land being used in a surface mine operation as defined in section	293
1514.01 of the Revised Code.	294

The rules adopted under this section may require persons to	295
file plans governing erosion control, sediment control, and water	296
management plans incident thereto, before clearing, grading,	297
excavating, filling, or otherwise wholly or partially disturbing	298
fiveone or more contiguous acres of land owned by one person or	299
operated as one development unit for the construction of nonfarm	300
buildings, structures, utilities, recreational areas, or other	301
similar nonfarm uses. AreasIf the rules require plans to be	302
filed, the rules shall do all of the following:	303

(1) Designate the board itself, its employees, or another	304
agency or official to review and approve or disapprove the plans;	305

(2) Establish procedures and criteria for the review and	306
approval or disapproval of the plans;	307

(3) Require the designated entity to issue a permit to a	308
person for the clearing, grading, excavating, filling, or other	309
project for which plans are approved and to deny a permit to a	310
person whose plans have been disapproved;	311

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

312

(5) Establish procedures under which a person may appeal the	313
denial of a permit.	314

Areas of less than fiveone contiguous acresacre shall not	315
be exempt from compliance with other provisions of this section or	316
rules adopted pursuant tounder this section. The rules adopted	317
under this section may impose reasonable filing fees for plan	318
review, permit processing, and field inspections.	319

No permit or plan shall be required for a public highway,	320
transportation, or drainage improvement or maintenance thereof	321
project undertaken by a government agency or political subdivision	322
in accordance with a statement of its standard sediment control	323
policies that is approved by the board or the chief of the	324
division of soil and water districtsconservation in the	325
department of natural resources.	326

The rules shall not apply inside the limits of municipal	327
corporations.	328

(B) Rules or amendments may be adopted under this section	329
only after public hearinghearings at not fewer than two regular	330
sessions of the board. The board of county commissioners shall	331
cause to be published, in a newspaper of general circulation in	332
the county, notice of the public hearings, including time, date,	333
and place, once a week for two weeks immediately preceding the	334
hearings. The proposed rules or amendments shall be made available	335
by the board to the public at the board office or other location	336
indicated in the notice. The rules or amendments shall take effect	337
on the thirty-first day following the date of their adoption.	338

(C) The board of county commissioners may employ personnel,	339
to assist in the administration of this section and the rules	340
adopted under it. The board also, if the action does not conflict	341
with the rules, may delegate duties to review sediment control and	342
water management plans to its employees, and may enter into	343
agreements with one or more political subdivisions, other county	344
officials, or other government agencies, in any combination, in	345
order to obtain reviews and comments on such plans governing	346
erosion control, sediment control, and water management or to	347
obtain other services for the administration of the rules adopted	348
under this section.	349

(D) The board of county commissioners or any duly authorized	350
representative of the board may, upon identification to the owner	351
or person in charge, enter any land upon obtaining agreement with	352
the owner, tenant, or manager thereofof the land in order to	353
determine whether there is compliance with the rules adopted under	354
this section. If the board or its duly authorized representative	355
is unable to obtain such an agreement, the board or representative	356
may apply for, and a judge of the court of common pleas for the	357
county where the land is located may issue, an appropriate	358
inspection warrant as necessary to achieve the purposes of this	359
chapter.	360

(E)(1) If the board of county commissioners or its duly	361
authorized representative determines that a violation of the rules	362
adopted under this section exists and requests, the board or	363
representative may issue an immediate stop work order if the	364
violator failed to obtain any federal, state, or local permit	365
necessary for sediment and erosion control, earth movement,	366
clearing, or cut and fill activity. In addition, if the board or	367
representative determines such a rule violation exists, regardless	368
of whether or not the violator has obtained the proper permits,	369
the board or representative may authorize the issuance of a notice	370
of violation. If, after a period of not less than thirty days has	371
elapsed following the issuance of the notice of violation, the	372
violation continues, the board or its duly authorized	373
representative shall issue a second notice of violation. Except as	374
provided in division (E)(3) of this section, if, after a period of	375
not less than fifteen days has elapsed following the issuance of	376
the second notice of violation, the violation continues, the board	377
or its duly authorized representative may issue a stop work order	378
after first obtaining the written approval of the prosecuting	379
attorney of the county if, in the opinion of the prosecuting	380
attorney, the violation is egregious.	381

Once a stop work order is issued, the board or its duly	382
authorize representative shall request, in writing, the	383
prosecuting attorney of the county in writing, the prosecuting	384
attorney shallto seek an injunction or other appropriate relief	385
in the court of common pleas to abate excessive erosion or	386
sedimentation and secure compliance with the rules adopted under	387
this section. InIf the prosecuting attorney seeks an injunction	388
or other appropriate relief, then, in granting relief, the court	389
of common pleas may order the construction of sediment control	390
improvements or implementation of other control measures and may	391
assess a civil fine of not less than one hundred or more than five	392
hundred dollars. Each day of violation of a rule or stop work	393
order issued under this section shall be considered a separate	394
violation subject to a civil fine.	395

(2) The person to whom a stop work order is issued under this	396
section may appeal the order to the court of common pleas of the	397
county in which it was issued, seeking any equitable or other	398
appropriate relief from that order.	399

(3) No stop work order shall be issued under this section	400
against any public highway, transportation, or drainage	401
improvement or maintenance project undertaken by a government	402
agency or political subdivision in accordance with a statement of	403
its standard sediment control policies that is approved by the	404
board or the chief of the division of soil and water conservation	405
in the department of natural resources.	406

(F) No person shall violate any rule adopted or order issued	407
under this section. Notwithstanding division (E) of this section,	408
if the board of county commissioners determines that a violation	409
of any rule adopted or administrative order issued under this	410
section exists, the board may request, in writing, the prosecuting	411
attorney of the county to seek an injunction or other appropriate	412
relief in the court of common pleas to abate excessive erosion or	413
sedimentation and secure compliance with the rules or order. In	414
granting relief, the court of common pleas may order the	415
construction of sediment control improvements or implementation of	416
other control measures and may assess a civil fine of not less	417
than one hundred or more than five hundred dollars. Each day of	418
violation of a rule adopted or administrative order issued under	419
this section shall be considered a separate violation subject to a	420
civil fine.	421

Sec. 504.04.  (A) A township that adopts a limited home rule	422
government may do all of the following by resolution, provided	423
that any of these resolutions, other than a resolution to supply	424
water or sewer services in accordance with sections 504.18 to	425
504.20 of the Revised Code, may be enforced only by the imposition	426
of civil fines as authorized in this chapter:	427

(1) Exercise all powers of local self-government within the	428
unincorporated area of the township, other than powers that are in	429
conflict with general laws, except that the township shall comply	430
with the requirements and prohibitions of this chapter, and shall	431
enact no taxes other than those authorized by general law, and	432
except that no resolution adopted pursuant to this chapter shall	433
encroach upon the powers, duties, and privileges of elected	434
township officers or change, alter, combine, eliminate, or	435
otherwise modify the form or structure of the township government	436
unless the change is required or permitted by this chapter;	437

(2) Adopt and enforce within the unincorporated area of the	438
township local police, sanitary, and other similar regulations	439
that are not in conflict with general laws or otherwise prohibited	440
by division (B) of this section;	441

(3) Supply water and sewer services to users within the	442
unincorporated area of the township in accordance with sections	443
504.18 to 504.20 of the Revised Code.	444

(B) No resolution adopted pursuant to this chapter shall do	445
any of the following:	446

(1) Create a criminal offense or impose criminal penalties,	447
except as authorized by division (A) of this section;	448

(2) Impose civil fines other than as authorized by this	449
chapter;	450

(3) Establish or revise subdivision regulations, road	451
construction standards, urban sediment rules, or storm water and	452
drainage regulations, except as provided in section 504.21 of the	453
Revised Code;	454

(4) Establish or revise building standards, building codes,	455
and other standard codes except as provided in section 504.13 of	456
the Revised Code;	457

(5) Increase, decrease, or otherwise alter the powers or	458
duties of a township under any other chapter of the Revised Code	459
pertaining to agriculture or the conservation or development of	460
natural resources;	461

(6) Establish regulations affecting hunting, trapping,	462
fishing, or the possession, use, or sale of firearms;	463

(7) Establish or revise water or sewer regulations, except in	464
accordance with sectionssection 504.18 and, 504.19, or 504.21 of	465
the Revised Code.	466

Nothing in this chapter shall be construed as affecting the	467
powers of counties with regard to the subjects listed in divisions	468
(B)(3) to (5) of this section.	469

(C) Under a limited home rule government, all officers shall	470
have the qualifications, and be nominated, elected, or appointed,	471
as provided in Chapter 505. of the Revised Code, except that the	472
board of township trustees shall appoint a full-time or part-time	473
law director pursuant to section 504.15 of the Revised Code, and	474
except that a five-member board of township trustees approved for	475
the township before the effective date of this amendmentSeptember	476
26, 2003, shall continue to serve as the legislative authority	477
with successive members serving for four-year terms of office	478
until a termination of a limited home rule government under	479
section 504.03 of the Revised Code.	480

(D) In case of conflict between resolutions enacted by a	481
board of township trustees and municipal ordinances or	482
resolutions, the ordinance or resolution enacted by the municipal	483
corporation prevails. In case of conflict between resolutions	484
enacted by a board of township trustees and any county resolution,	485
the resolution enacted by the board of township trustees prevails.	486

Sec. 504.19.  (A) The board of township trustees may prepare	487
and adopt a general plan of water supply or sewer services. After	488
the general plan has been approved by the board, the board	489
immediately shall notify the board of county commissioners if	490
territory served by a county water supply facility or a county	491
sewer district includes territory to be covered by the plan, the	492
legislative authority of a municipal corporation that operates a	493
water supply or sewer system in any of the territory to be covered	494
by the plan, and the board of trustees of any existing regional	495
water and sewer district that includes any territory to be covered	496
by the plan, of the township's intention to provide water supply	497
or sewer services and shall describe the area where the township	498
proposes to provide water supply or sewer services. The notified	499
board of county commissioners, legislative authority of a	500
municipal corporation, and board of trustees of the regional water	501
and sewer district then have thirty days from the date of	502
notifleationnotification to comment and object in writing to the	503
township's provision of water supply or sewer services. An	504
objection may be based on one or more of the following:	505

(1) The county, municipal corporation, or special district	506
already provides the proposed water supply or sewer services to	507
the area to be served.	508

(2) The county, municipal corporation, or special district	509
has in its service plan provisions to provide the proposed water	510
supply or sewer services in the future to the proposed area within	511
a reasonable period of time.	512

Within fifteen days after receiving objections, the board of	513
township trustees may request in writing submitted to the	514
objecting party that the issue of the township's provision of the	515
proposed water supply or sewer services be mediated. The mediation	516
shall be performed either by the Ohio commission on dispute	517
resolution and conflict management or by having each party select	518
a mediator and having those two mediators select a third mediator	519
who, together with the other two mediators, shall conduct the	520
mediation.	521

Within forty-five days after the request for mediation is	522
submitted, any mediation shall be completed, and any agreements	523
reached between the parties shall be filed in writing with the	524
parties. Thereafter, the respective governing boards may adopt the	525
agreements, making those agreements binding on the parties, or, if	526
one or more of the agreed-upon points is rejected, that rejection	527
shall be considered a final decision of a governing board for	528
purposes of Chapter 2506. of the Revised Code, and the board of	529
township trustees may file an appeal under that chapter regarding	530
its provision of the proposed water supply or sewer services. In	531
addition to any findings of the court provided in section 2506.04	532
of the Revised Code, the court may determine that the county,	533
municipal corporation, or special district has not met the	534
criteria specified in divisions (A)(1) and (2) of this section	535
and, therefore, the township may provide its proposed water supply	536
or sewer services or, in the alternative, may determine that the	537
township could provide the proposed water supply or sewer services	538
more expediently than the county, municipal corporation, or	539
special district with no substantial increase in cost to the users	540
of the water supply or sewer services and, therefore, order that	541
the township may provide its proposed water supply or sewer	542
services.	543

(B) Once the board has approved a general plan of water	544
supply or sewer services under division (A) of this section, the	545
board shall hire an engineer to prepare detailed plans,	546
specifications, and estimates of the cost of the improvements,	547
together with a tentative assessment of the cost based on the	548
estimates. The tentative assessment shall be for the information	549
of property owners and shall not be certified to the county	550
auditor for collection. The detailed plans, specifications,	551
estimates of cost, and tentative assessment, as prepared by the	552
engineer and approved by the board, shall be preserved in the	553
office of the board and shall be open to inspection of all persons	554
interested in the improvements.	555

(C) Once it has been determined under division (A) of this	556
section that a township may provide its proposed water supply or	557
sewer services, the board may condemnappropriate for the use of	558
the township any public or private land, easement, rights,	559
rights-of-way, franchises, or other property within or outside the	560
township required by it for the accomplishment of its purposes.	561
Except as provided in division (D) of this section, the	562
appropriation shall be according to the procedure set forth in	563
sections 163.01 to 163.22 of the Revised Code. The engineer hired	564
by the board may enter upon any public or private property for the	565
purpose of making surveys and examinations necessary for the	566
design or examination of water supply or sewer facilities. No	567
person shall forbid or interfere with the engineer or the	568
engineer's authorized assistants entering upon property for these	569
purposes. If actual damage is done to property by the making of a	570
survey and examination, the board shall pay the reasonable value	571
of the damage to the owner of the property damaged, and the cost	572
shall be included in the assessment upon the property benefited by	573
the improvement.	574

(D)(1) For purposes of this division, either of the following	575
constitutes a public exigency:	576

(a) A finding by the director of environmental protection	577
that a public health nuisance caused by an occasion of unavoidable	578
urgency and suddenness due to unsanitary conditions compels the	579
immediate construction of sewers for the protection of the public	580
health and welfare;	581

(b) The issuance of an order by the board of health of a	582
health district to mitigate or abate a public health nuisance that	583
is caused by an occasion of unavoidable urgency and suddenness due	584
to unsanitary conditions and compels the immediate construction of	585
sewers for the protection of the public health and welfare.	586

(2) If a board of township trustees of a township that has	587
adopted a limited home rule government is unable to purchase	588
property for the purpose of the construction of sewers to mitigate	589
or abate the public health nuisance that is the subject of a	590
finding of the director or an order of the board of health, the	591
board of township trustees may adopt a resolution finding that it	592
is necessary for the protection of the public health and welfare	593
to appropriate property that the board considers needed for that	594
purpose. The resolution shall contain a definite, accurate, and	595
detailed description of the property and the name and place of	596
residence, if known or with reasonable diligence ascertainable, of	597
the owners of the property to be appropriated.	598

The board of township trustees shall fix in its resolution	599
what it considers to be the value of the property to be	600
appropriated, which shall be the board's determination of the	601
compensation for the property and shall be supported by an	602
independent appraisal, together with any damages to the residue.	603
The board shall deposit the compensation so determined, together	604
with an amount for the damages to the residue, with the probate	605
court or the court of common pleas of the county in which the	606
property, or a part of it, is situated. Except as otherwise	607
provided in this division, the power to appropriate property for	608
the purposes of this division shall be exercised in the manner	609
provided in sections 163.01 and 163.22 of the Revised Code for an	610
appropriation in time of public exigency. The board's resolution	611
and a written copy of the independent appraisal shall accompany	612
the petition filed under section 163.05 of the Revised Code.	613

(E) As soon as all questions of compensation and damages have	614
been determined for any water supply facilities or sewer services	615
improvement project, the board shall cause to be made an estimated	616
assessment, upon the lots and lands to be assessed, of such part	617
of the compensation, damages, and costs of the improvement as is	618
to be specially assessed according to the method specified by	619
resolution of the board. The schedule of the assessments shall be	620
filed with the township clerk for the inspection of interested	621
persons. Before adopting the estimated assessment, the board shall	622
cause written notice to be sent to the owners of all lots and	623
lands to be assessed that the assessment has been made and is on	624
file with the township clerk, and the date when objections to the	625
assessment will be heard. Objections shall be filed in writing	626
with the board before the date of the hearing. If any objections	627
are filed, the board shall hear them and act as an equalizing	628
board, and may change the assessments if, in its opinion, any	629
change is necessary to make the assessments just and equitable.	630
The board shall adopt a resolution approving and confirming the	631
assessments as reported to or modified by the board.	632

(E)(F) The resolution levying the assessments shall apportion	633
the cost among the benefited lots and lands in the manner provided	634
by the board by resolution. The board shall certify the amounts to	635
be levied upon each lot or parcel of land to the county auditor,	636
who shall enter the amounts on the tax duplicate, to be collected	637
as other taxes. The principal shall be payable in not more than	638
forty semiannual installments, as determined by the board. Any	639
assessment in the amount of twenty-five dollars or less, or of	640
which the unpaid balance is twenty-five dollars or less, shall be	641
paid in full and not in installments, at the time the first or	642
next installment otherwise would become due and payable.	643
Assessments are a lien upon the respective lots or parcels of land	644
assessed from the date of adoption of the resolution under	645
division (D)(E) of this section. If bonds are issued to pay the	646
compensation, damages, and the costs of an improvement, the	647
principal amount of the assessment shall be payable in such number	648
of semiannual installments and in such amounts as the board	649
determines to be necessary to provide a fund for the payment of	650
the principal of and interest on the bonds and shall bear interest	651
from the date of the issuance of the bonds and at the same rate as	652
the bonds.	653

(F)(G) Any owner of property to be assessed for any water	654
supply facilities or sewer services improvement project, or other	655
person aggrieved by the action of the board in regard to any water	656
supply facilities or sewer services improvement project, may	657
appeal to the court of common pleas, in the manner prescribed by	658
Chapter 2506. of the Revised Code.	659

(G)(H) When collected, the assessments shall be paid by the	660
county auditor by warrant of the county treasurer into a special	661
fund in the township treasury created for the purpose of	662
constructing, improving, maintaining, and operating water supply	663
facilities or sewer improvements. The board may expend moneys from	664
the fund only for the purposes for which the assessments were	665
levied.	666

Sec. 504.21.  (A) The board of township trustees of a	667
township that has adopted a limited home rule government may, for	668
the unincorporated territory in the township, adopt, amend, and	669
rescind rules establishing technically feasible and economically	670
reasonable standards to achieve a level of management and	671
conservation practices that will abate wind or water erosion of	672
the soil or abate the degradation of the waters of the state by	673
soil sediment in conjunction with land grading, excavating,	674
filling, or other soil disturbing activities on land used or being	675
developed in the township for nonfarm commercial, industrial,	676
residential, or other nonfarm purposes, and establish criteria for	677
determination of the acceptability of those management and	678
conservation practices. The rules shall be designed to implement	679
the applicable areawide waste treatment management plan prepared	680
under section 208 of the "Federal Water Pollution Control Act," 86	681
Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement	682
phase II of the storm water program of the national pollutant	683
discharge elimination system established in 40 C.F.R. Part 122.	684
The rules to implement phase II of the storm water program of the	685
national pollutant discharge elimination system shall not be	686
inconsistent with, more stringent than, or broader in scope than	687
the rules or regulations adopted by the environmental protection	688
agency under 40 C.F.R. Part 122. The rules adopted under this	689
section shall not apply inside the limits of municipal	690
corporations, to lands being used in a strip mine operation as	691
defined in section 1513.01 of the Revised Code, or to land being	692
used in a surface mine operation as defined in section 1514.01 of	693
the Revised Code.	694

The rules adopted under this section may require persons to	695
file plans governing erosion control, sediment control, and water	696
management before clearing, grading, excavating, filling, or	697
otherwise wholly or partially disturbing one or more contiguous	698
acres of land owned by one person or operated as one development	699
unit for the construction of nonfarm buildings, structures,	700
utilities, recreational areas, or other similar nonfarm uses. If	701
the rules require plans to be filed, the rules shall do all of the	702
following:	703

(1) Designate the board itself, its employees, or another	704
agency or official to review and approve or disapprove the plans;	705

(2) Establish procedures and criteria for the review and	706
approval or disapproval of the plans;	707

(3) Require the designated entity to issue a permit to a	708
person for the clearing, grading, excavating, filling, or other	709
project for which plans are approved and to deny a permit to a	710
person whose plans have been disapproved;	711

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

712

(5) Establish procedures under which a person may appeal the	713
denial of a permit.	714

Areas of less than one contiguous acre shall not be exempt	715
from compliance with other provisions of this section or rules	716
adopted under this section. The rules adopted under this section	717
may impose reasonable filing fees for plan review, permit	718
processing, and field inspections.	719

No permit or plan shall be required for a public highway,	720
transportation, or drainage improvement or maintenance project	721
undertaken by a government agency or political subdivision in	722
accordance with a statement of its standard sediment control	723
policies that is approved by the board or the chief of the	724
division of soil and water conservation in the department of	725
natural resources.	726

(B) Rules or amendments may be adopted under this section	727
only after public hearings at not fewer than two regular sessions	728
of the board of township trustees. The board shall cause to be	729
published, in a newspaper of general circulation in the township,	730
notice of the public hearings, including time, date, and place,	731
once a week for two weeks immediately preceding the hearings. The	732
proposed rules or amendments shall be made available by the board	733
to the public at the board office or other location indicated in	734
the notice. The rules or amendments shall take effect on the	735
thirty-first day following the date of their adoption.	736

(C) The board of township trustees may employ personnel to	737
assist in the administration of this section and the rules adopted	738
under it. The board also, if the action does not conflict with the	739
rules, may delegate duties to review sediment control and water	740
management plans to its employees, and may enter into agreements	741
with one or more political subdivisions, other township officials,	742
or other government agencies, in any combination, in order to	743
obtain reviews and comments on plans governing erosion control,	744
sediment control, and water management or to obtain other services	745
for the administration of the rules adopted under this section.	746

(D) The board of township trustees or any duly authorized	747
representative of the board may, upon identification to the owner	748
or person in charge, enter any land upon obtaining agreement with	749
the owner, tenant, or manager of the land in order to determine	750
whether there is compliance with the rules adopted under this	751
section. If the board or its duly authorized representative is	752
unable to obtain such an agreement, the board or representative	753
may apply for, and a judge of the court of common pleas for the	754
county where the land is located may issue, an appropriate	755
inspection warrant as necessary to achieve the purposes of this	756
section.	757

(E)(1) If the board of township trustees or its duly	758
authorized representative determines that a violation of the rules	759
adopted under this section exists, the board or representative may	760
issue an immediate stop work order if the violator failed to	761
obtain any federal, state, or local permit necessary for sediment	762
and erosion control, earth movement, clearing, or cut and fill	763
activity. In addition, if the board or representative determines	764
such a rule violation exists, regardless of whether or not the	765
violator has obtained the proper permits, the board or	766
representative may authorize the issuance of a notice of	767
violation. If, after a period of not less than thirty days has	768
elapsed following the issuance of the notice of violation, the	769
violation continues, the board or its duly authorized	770
representative shall issue a second notice of violation. Except as	771
provided in division (E)(3) of this section, if, after a period of	772
not less than fifteen days has elapsed following the issuance of	773
the second notice of violation, the violation continues, the board	774
or its duly authorized representative may issue a stop work order	775
after first obtaining the written approval of the prosecuting	776
attorney of the county in which the township is located if, in the	777
opinion of the prosecuting attorney, the violation is egregious.	778

Once a stop work order is issued, the board or its duly	779
authorized representative shall request, in writing, the	780
prosecuting attorney to seek an injunction or other appropriate	781
relief in the court of common pleas to abate excessive erosion or	782
sedimentation and secure compliance with the rules adopted under	783
this section. If the prosecuting attorney seeks an injunction or	784
other appropriate relief, then, in granting relief, the court of	785
common pleas may order the construction of sediment control	786
improvements or implementation of other control measures and may	787
assess a civil fine of not less than one hundred or more than five	788
hundred dollars. Each day of violation of a rule or stop work	789
order issued under this section shall be considered a separate	790
violation subject to a civil fine.	791

(2) The person to whom a stop work order is issued under this	792
section may appeal the order to the court of common pleas of the	793
county in which it was issued, seeking any equitable or other	794
appropriate relief from that order.	795

(3) No stop work order shall be issued under this section	796
against any public highway, transportation, or drainage	797
improvement or maintenance project undertaken by a government	798
agency or political subdivision in accordance with a statement of	799
its standard sediment control policies that is approved by the	800
board or the chief of the division of soil and water conservation	801
in the department of natural resources.	802

(F) No person shall violate any rule adopted or order issued	803
under this section. Notwithstanding division (E) of this section,	804
if the board of township trustees determines that a violation of	805
any rule adopted or administrative order issued under this section	806
exists, the board may request, in writing, the prosecuting	807
attorney of the county in which the township is located, to seek	808
an injunction or other appropriate relief in the court of common	809
pleas to abate excessive erosion or sedimentation and secure	810
compliance with the rules or order. In granting relief, the court	811
of common pleas may order the construction of sediment control	812
improvements or implementation of other control measures and may	813
assess a civil fine of not less than one hundred or more than five	814
hundred dollars. Each day of violation of a rule adopted or	815
administrative order issued under this section shall be considered	816
a separate violation subject to a civil fine.	817

Sec. 505.07. Notwithstanding any contrary provision in	818
another section of the Revised Code, section 519.12 of the Revised	819
Code, or any vote of the electors on a petition for zoning	820
referendum, a township may settle any court action by a consent	821
decree or court-approved settlement agreement which may include an	822
agreement to rezone any property involved in the action as	823
provided in the decree or court-approved settlement agreement	824
without following the procedures in section 519.12 of the Revised	825
Code and also may include township approval of a development plan	826
for any property involved in the action as provided in the decree	827
or court-approved settlement agreement, provided that the court	828
makes specific findings of fact that notice has been properly made	829
pursuant to this section, the plaintiff in the action has	830
presented credible prima facie evidence in the form of an expert	831
report from a planner, property economist, or real estate	832
appraiser supporting the plaintiff's claim that the current zoning	833
is invalid or unconstitutional, and the consent decree or	834
court-approved settlement agreement is fair and reasonable.	835

If the subject of the consent decree or court-approved	836
settlement agreement involves a zoning issue subject to referendum	837
under section 519.12 of the Revised Code, the board of township	838
trustees shall publish notice of their intent to meet and consider	839
and take action on the decree or court-approved settlement	840
agreement and the date and time of the meeting in a newspaper of	841
general circulation in the township at least fifteen days before	842
the meeting. The board shall permit members of the public to	843
express their objections to the consent decree or court-approved	844
settlement agreement at the meeting. Copies of the proposed	845
consent decree or court-approved settlement agreement shall be	846
available to the public at the township clerk's office during	847
normal business hours.	848

At least ten days prior to the submission of a proposed	849
consent decree or settlement agreement to the court for its review	850
and consideration, the plaintiff in the action involving the	851
consent decree or settlement agreement shall publish a notice	852
whichthat shall include the caption of the case, the case number,	853
and the court in which the consent decree or settlement agreement	854
will be filed, the intention of the parties thereinin the action	855
to file a consent decree in that caseor settlement agreement,	856
and, when applicable, a description of the real property involved	857
and the proposed change in zoning or permitted use, in a newspaper	858
of general circulation in the township where that real property is	859
located.	860

An elector in the township involving the property in	861
litigation who circulated the petition for zoning referendum	862
relating to the current zoning of the property has the right to	863
intervene in a case in which the decree or court approved	864
settlement agreement is pending solely for the purpose of	865
challenging the sufficiency of the evidence submitted pursuant to	866
this section and the adequacy of the notice given pursuant to this	867
section. Any other members of the electorate may intervene only if	868
permitted by the court pursuant to division (B) of Civil Rule 24	869
and solely for the purpose of challenging the sufficiency of the	870
evidence submitted pursuant to this section and the adequacy of	871
the notice given pursuant to this section.	872

Sec. 505.375.  (A) The board of a joint ambulance district	873
created under section 505.71 of the Revised Code and the board of	874
a joint fire district created under section 505.371 of the Revised	875
Code may negotiate in accordance with this section to combine	876
their two joint districts into a single district, called a fire	877
and ambulance district, for the delivery of both fire and	878
ambulance services, if the geographic area covered by the	879
combining joint districts is exactly the same. Both boards shall	880
adopt a joint resolution ratifying the agreement and setting a	881
date on which the fire and ambulance district shall come into	882
being. On that date, the joint fire district and the joint	883
ambulance district shall cease to exist, and the power of each to	884
levy a tax upon taxable property shall terminate, except that any	885
levy of a tax for the payment of indebtedness within the territory	886
of the joint fire or joint ambulance district as it was composed	887
at the time the indebtedness was incurred shall continue to be	888
collected by the successor fire and ambulance district if the	889
indebtedness remains unpaid.	890

All funds and other property of the joint districts that	891
combined into the fire and ambulance district shall become the	892
property of the fire and ambulance district, unless otherwise	893
provided in the negotiated agreement. The agreement shall provide	894
for the settlement of all debts and obligations of the joint	895
districts.	896

(B) The governing body of the fire and ambulance district	897
shall be a board of trustees of at least three but no more than	898
nine members, appointed as provided in the agreement creating the	899
district. Members of the board of trustees may be compensated at a	900
rate not to exceed thirty dollars per meeting for not more than	901
fifteen meetings per year, and may be reimbursed for all necessary	902
expenses incurred, as provided in the agreement creating the	903
district.	904

The board shall employ a clerk and other employees as it	905
considers best, including a fire chief or fire prevention	906
officers, and shall fix their compensation. Neither this section	907
nor any other section of the Revised Code requires, or shall be	908
construed to require, that the fire chief of a fire and ambulance	909
district be a resident of the district.	910

Before entering upon the duties of office, the clerk shall	911
execute a bond, in the amount and with surety to be approved by	912
the board, payable to the state, conditioned for the faithful	913
performance of all of the clerk's official duties. The clerk shall	914
deposit the bond with the presiding officer of the board, who	915
shall file a copy of it, certified by the presiding officer, with	916
the county auditor of the county containing the most territory in	917
the district.	918

The board shall also provide for the appointment of a fiscal	919
officer for the district. The board may also enter into agreements	920
with volunteer fire companies for the use and operation of	921
fire-fighting equipment. Volunteer firefighters acting under such	922
an agreement are subject to the requirements for volunteer	923
firefighters set forth in division (A) of section 505.38 of the	924
Revised Code.	925

Employees of the district shall not be removed from office	926
except as provided by sections 733.35 to 733.39 of the Revised	927
Code, except that, to initiate removal proceedings, the board	928
shall designate a private citizen or, if the employee is employed	929
as a firefighter, the board may designate the fire chief, to	930
investigate, conduct the proceedings, and prepare the necessary	931
charges in conformity with sections 733.35 to 733.39 of the	932
Revised Code, and except that the board shall perform the	933
functions and duties specified for the municipal legislative	934
authority under those sections. The board may pay reasonable	935
compensation to any private citizen hired for services rendered in	936
the matter.	937

No person shall be appointed as a permanent full-time paid	938
member of the district whose duties include fire fighting, or be	939
appointed as a volunteer firefighter, unless that person has	940
received a certificate issued under former section 3303.07 or	941
section 4765.55 of the Revised Code evidencing satisfactory	942
completion of a firefighter training program. The board may send	943
its officers and firefighters to schools of instruction designed	944
to promote the efficiency of firefighters and, if authorized in	945
advance, may pay their necessary expenses from the funds used for	946
the maintenance and operation of the district.	947

The board may choose, by adoption of an appropriate	948
resolution, to have the Ohio medical transportation board license	949
any emergency medical service organization it operates. If the	950
board adopts such a resolution, Chapter 4766. of the Revised Code,	951
except for sections 4766.06 and 4766.99 of the Revised Code,	952
applies to the organization. All rules adopted under the	953
applicable sections of that chapter also apply to the	954
organization. The board may likewise, by resolution, remove its	955
emergency medical service organization from the jurisdiction of	956
the Ohio medical transportation board.	957

(C) The board may exercise the following powers:

958

(1) Purchase or otherwise provide any fire apparatus,	959
mechanical resuscitators, or other fire or ambulance equipment,	960
appliances, or materials; fire hydrants; and water supply for	961
fire-fighting purposes that seems advisable to the board;	962

(2) Provide for the care and maintenance of equipment and,	963
for that purpose, purchase, lease, lease with an option to	964
purchase, or construct and maintain necessary buildings;	965

(3) Establish and maintain lines of fire-alarm communications	966
within the limits of the district;	967

(4) Appropriate land for a fire station or medical emergency	968
unit needed in order to respond in reasonable time to a fire or	969
medical emergency, in accordance with Chapter 163. of the Revised	970
Code;	971

(5) Purchase, appropriate, or accept a deed or gift of land	972
to enlarge or improve a fire station or medical emergency unit;	973

(6) Purchase, lease, lease with an option to purchase,	974
maintain, and use all materials, equipment, vehicles, buildings,	975
and land necessary to perform its duties;	976

(7) Contract for a period not to exceed three years with one	977
or more townships, municipal corporations, counties, joint fire	978
districts, governmental agencies, nonprofit corporations, or	979
private ambulance owners located either within or outside the	980
state, to furnish or receive ambulance services or emergency	981
medical services within the several territories of the contracting	982
parties, if the contract is first authorized by all boards of	983
trustees and legislative authorities concerned;	984

(8) Establish reasonable charges for the use of ambulance or	985
emergency medical services under the same conditions under which a	986
board of fire district trustees may establish those charges under	987
section 505.371 of the Revised Code;	988

(9) Establish all necessary rules to guard against the	989
occurrence of fires and to protect property and lives against	990
damage and accidents;	991

(10) Adopt a standard code pertaining to fire, fire hazards,	992
and fire prevention prepared and promulgated by the state or by a	993
public or private organization that publishes a model or standard	994
code;	995

(11) Provide for charges for false alarms at commercial	996
establishments in the same manner as joint fire districts are	997
authorized to do under section 505.391 of the Revised Code;	998

(12) Issue bonds and other evidences of indebtedness, subject	999
to Chapter 133. of the Revised Code, but only after approval by a	1000
vote of the electors of the district as provided by section 133.18	1001
of the Revised Code;	1002

(13) To provide the services and equipment it considers	1003
necessary, levy a sufficient tax, subject to Chapter 5705. of the	1004
Revised Code, on all the taxable property in the district.	1005

(D) Any municipal corporation or township may join an	1006
existing fire and ambulance district by its legislative	1007
authority's adoption of a resolution requesting the membership and	1008
upon approval of the board of the district. Any municipal	1009
corporation or township may withdraw from a district by its	1010
legislative authority's adoption of a resolution ordering	1011
withdrawal. Upon its withdrawal, the municipal corporation or	1012
township ceases to be a part of the district, and the district's	1013
power to levy a tax on taxable property in the withdrawing	1014
township or municipal corporation terminates, except that the	1015
district shall continue to levy and collect taxes for the payment	1016
of indebtedness within the territory of the district as it was	1017
composed at the time the indebtedness was incurred.	1018

Upon the withdrawal of any township or municipal corporation	1019
from a district, the county auditor of the county containing the	1020
most territory in the district shall ascertain, apportion, and	1021
order a division of the funds on hand, including funds in the	1022
ambulance and emergency medical services fund, moneys and taxes in	1023
the process of collection, except for taxes levied for the payment	1024
of indebtedness, credits, and real and personal property on the	1025
basis of the valuation of the respective tax duplicates of the	1026
withdrawing municipal corporation or township and the remaining	1027
territory of the district.	1028

(E) As used in this section:

1029

(1) "Governmental agency" includes all departments, boards,	1030
offices, commissions, agencies, colleges, universities,	1031
institutions, and other instrumentalities of this or another	1032
state.	1033

(2) "Emergency medical service organization" has the same	1034
meaning as in section 4766.01 of the Revised Code.	1035

Sec. 519.02.  Except as otherwise provided in this section,	1036
in the interest of the public health, safety, convenience,	1037
comfort, prosperity, or general welfare, the board of township	1038
trustees may, in accordance with a comprehensive plan, regulate by	1039
resolution the location, height, bulk, number of stories, and size	1040
of buildings and other structures, including tents, cabins, and	1041
trailer coaches, percentages of lot areas that may be occupied,	1042
set back building lines, sizes of yards, courts, and other open	1043
spaces, the density of population, the uses of buildings and other	1044
structures, including tents, cabins, and trailer coaches, and the	1045
uses of land for trade, industry, residence, recreation, or other	1046
purposes in the unincorporated territory of the township, and	1047
establish reasonable residential landscaping standards and	1048
residential architectural standards, excluding exterior building	1049
materials, for the unincorporated territory of the township; and,	1050
for all these purposes, the board may divide all or any part of	1051
the unincorporated territory of the township into districts or	1052
zones of such number, shape, and area as the board determines. All	1053
such regulations shall be uniform for each class or kind of	1054
building or other structure or use throughout any district or	1055
zone, but the regulations in one district or zone may differ from	1056
those in other districts or zones.	1057

For any activities permitted and regulated under Chapter	1058
1509., 1513., or 1514. of the Revised Code and any related	1059
processing activities, the board of township trustees may regulate	1060
under the authority conferred by this section only in the interest	1061
of public health or safety.	1062

Sec. 3709.41. (A) There is hereby created in each city and in	1063
each general health district a health district licensing council,	1064
to be appointed by the entity that has responsibility for	1065
appointing the board of health in the health district. The members	1066
of the health district licensing council shall consist of one	1067
representative of each business activity for which the board of	1068
health operates a licensing program. To be appointed and remain a	1069
member, an individual mustshall be a resident of the health	1070
district for which the council was created.	1071

The appointing authority shall make initial appointments to	1072
the council not later than thirty days after the effective date of	1073
this sectionNovember 21, 2001. Of the initial appointments to the	1074
council, one-third of the members, rounded to the nearest whole	1075
number, shall serve for a term ending three years after the	1076
effective date of this sectionNovember 21, 2001; one-third,	1077
rounded to the nearest whole number, shall serve for a term ending	1078
four years after the effective date of this sectionNovember 21,	1079
2001; and the remaining members shall serve for a term ending five	1080
years after the effective date of this sectionNovember 21, 2001.	1081
Thereafter, terms of office shall be five years, with each term	1082
ending on the same day of the same month as did the term that it	1083
succeeds.	1084

Each member shall hold office from the date of the member's	1085
appointment until the end of the term for which the member was	1086
appointed. Members may be reappointed.	1087

Vacancies shall be filled in the manner provided for original	1088
appointments. Any member appointed to fill a vacancy occurring	1089
prior to the expiration of the term for which the member's	1090
predecessor was appointed shall hold office as a member for the	1091
remainder of that term. A member shall continue in office	1092
subsequent to the expiration date of the member's term until the	1093
member's successor takes office or until a period of sixty days	1094
has elapsed, whichever occurs first.	1095

Members of a health district licensing council shall serve	1096
without compensation, except to the extent that serving on the	1097
council is part of their regular duties of employment.	1098

(B) Each health district licensing council shall organize by	1099
selecting from among its members a chairperson, a secretary, and	1100
any other officers it considers necessary. Each council shall	1101
adopt bylaws for the regulation of its affairs and the conduct of	1102
its business.	1103

Each council shall meet at least quarterlyannually or at	1104
more frequent intervals if specified in its bylaws. In addition to	1105
the mandatory meetings, a council shall meet at the call of the	1106
chairperson or the request of a majority of the council members.	1107

(C) Pursuant to sections 3709.03, 3709.05, and 3709.07 of the	1108
Revised Code, the health district licensing council shall appoint	1109
one of its members to serve as a member of the board of health.	1110
The council shall appoint one of its members to serve as an	1111
alternate board of health member if for any reason the original	1112
member is required to abstain from voting on a particular issue	1113
being considered by the board of health. While serving on behalf	1114
of the original member, the alternate member has the same powers	1115
and duties as the original member.	1116

Sec. 6101.181. (A) For the purposes of this section, either	1117
of the following constitutes a public exigency:	1118

(1) A finding by the director of environmental protection	1119
that a public health nuisance caused by an occasion of unavoidable	1120
urgency and suddenness due to unsanitary conditions compels the	1121
immediate construction of sewers for the protection of the public	1122
health and welfare;	1123

(2) The issuance of an order by the board of health of a	1124
health district to mitigate or abate a public health nuisance that	1125
is caused by an occasion of unavoidable urgency and suddenness due	1126
to unsanitary conditions and compels the immediate construction of	1127
sewers for the protection of the public health and welfare.	1128

(B) If the board of directors of a conservancy district is	1129
unable to purchase property for the purpose of the construction of	1130
sewers to mitigate or abate the public health nuisance that is the	1131
subject of a finding of the director or an order of the board of	1132
health, the board of directors may adopt a resolution finding that	1133
it is necessary for the protection of the public health and	1134
welfare to appropriate property that the board of directors	1135
considers needed for that purpose. The resolution shall contain a	1136
definite, accurate, and detailed description of the property and	1137
the name and place of residence, if known or with reasonable	1138
diligence ascertainable, of the owners of the property to be	1139
appropriated.	1140

The board of directors shall fix in its resolution what it	1141
considers to be the value of the property to be appropriated,	1142
which shall be the board's determination of the compensation for	1143
the property and shall be supported by an independent appraisal,	1144
together with any damages to the residue. The board shall deposit	1145
the compensation so determined, together with an amount for the	1146
damages to the residue, with the probate court or the court of	1147
common pleas of the county in which the property, or a part of it,	1148
is situated. Except as otherwise provided in this division, the	1149
power to appropriate property for the purposes of this division	1150
shall be exercised in the manner provided in sections 163.01 to	1151
163.22 of the Revised Code for an appropriation in the time of	1152
public exigency. The board's resolution and a written copy of the	1153
independent appraisal shall accompany the petition filed under	1154
section 163.05 of the Revised Code.	1155

Sec. 6115.221. (A) For the purposes of this section, either	1156
of the following constitutes a public exigency:	1157

(1) A finding by the director of environmental protection	1158
that a public health nuisance caused by an occasion of unavoidable	1159
urgency and suddenness due to unsanitary conditions compels the	1160
immediate construction of sewers for the protection of the public	1161
health and welfare;	1162

(2) The issuance of an order by the board of health of a	1163
health district to mitigate or abate a public health nuisance that	1164
is caused by an occasion of unavoidable urgency and suddenness due	1165
to unsanitary conditions and compels the immediate construction of	1166
sewers for the protection of the public health and welfare.	1167

(B) If the board of directors of a sanitary district is	1168
unable to purchase property for the purpose of the construction of	1169
sewers to mitigate or abate the public health nuisance that is the	1170
subject of a finding of the director or an order of the board of	1171
health, the board of directors may adopt a resolution finding that	1172
it is necessary for the protection of the public health and	1173
welfare to appropriate property that the board of directors	1174
considers needed for that purpose. The resolution shall contain a	1175
definite, accurate, and detailed description of the property and	1176
the name and place of residence, if known or with reasonable	1177
diligence ascertainable, of the owners of the property to be	1178
appropriated.	1179

The board of directors shall fix in its resolution what it	1180
considers to be the value of the property to be appropriated,	1181
which shall be the board's determination of the compensation for	1182
the property and shall be supported by an independent appraisal,	1183
together with any damages to the residue. The board shall deposit	1184
the compensation so determined, together with an amount for the	1185
damages to the residue, with the probate court or the court of	1186
common pleas of the county in which the property, or a part of it,	1187
is situated. Except as otherwise provided in this division, the	1188
power to appropriate property for the purposes of this division	1189
shall be exercised in the manner provided in sections 163.01 to	1190
163.22 of the Revised Code for an appropriation in time of public	1191
exigency. The board's resolution and a written copy of the	1192
independent appraisal shall accompany the petition filed under	1193
section 163.05 of the Revised Code.	1194

Sec. 6117.012.  (A) A board of county commissioners may adopt	1195
rules requiring owners of property within the district whose	1196
property is served by a connection to sewers maintained and	1197
operated by the board or to sewers that are connected to	1198
interceptor sewers maintained and operated by the board to do any	1199
of the following:	1200

(1) Disconnect stormwater inflows to sanitary sewers	1201
maintained and operated by the board and not operated as a	1202
combined sewer, or to connections with suchthose sewers;	1203

(2) Disconnect non-stormwater inflows to stormwater sewers	1204
maintained and operated by the board and not operated as a	1205
combined sewer, or to connections with suchthose sewers;	1206

(3) Reconnect or relocate any such disconnected inflows in	1207
compliance with board rules and applicable building codes, health	1208
codes, or other relevant codes;	1209

(4) Prevent sewer back-ups into properties that have	1210
experienced one or more overflows of sanitary or combined sewers	1211
maintained and operated by the board.	1212

(B) Any inflow required to be disconnected or any sewer	1213
back-up required to be prevented under a rule adopted pursuant to	1214
division (A) of this section constitutes a nuisance subject to	1215
injunctive relief and abatement pursuant to Chapter 3767. of the	1216
Revised Code or as otherwise permitted by law.	1217

(C) A board of county commissioners may use sewer district	1218
funds; county general fund moneys; and, to the extent permitted by	1219
their terms, loans, grants, or other moneys from appropriate state	1220
or federal funds, for either of the following:	1221

(1) The cost of disconnections, reconnections, or	1222
relocations, or sewer back-up prevention required by rules adopted	1223
pursuant to division (A) of this section, performed by the county	1224
or under contract with the county;	1225

(2) Payments to the property owner or a contractor hired by	1226
the property owner pursuant to a competitive process established	1227
by district rules, for the cost of disconnections, reconnections,	1228
or relocations, or sewer back-up prevention required by rules	1229
adopted pursuant to division (A) of this section after the board,	1230
pursuant to its rules, has approved the work to be performed and	1231
after the county has received from the property owner a statement	1232
releasing the county from all liability in connection with the	1233
disconnections, reconnections, or relocations, or sewer back-up	1234
prevention.	1235

(D) Except as provided in division (E) of this section, the	1236
board of county commissioners shall require in its rules regarding	1237
disconnections, reconnections, or relocations of sewers or sewer	1238
back-up prevention the reimbursement of moneys expended pursuant	1239
to division (C) of this section by either of the following	1240
methods:	1241

(1) A charge to the property owner in the amount of the	1242
payment made pursuant to division (C) of this section for	1243
immediate payment or payment in installments with interest as	1244
determined by the board not to exceed ten per cent, which payments	1245
may be billed as a separate item with the rents charged to that	1246
owner for use of the sewers. The board may approve installment	1247
payments for a period of not more than fifteen years. If charges	1248
are to be paid in installments, the board shall certify to the	1249
county auditor information sufficient to identify each subject	1250
parcel of property, the total of the charges to be paid in	1251
installments, and the total number of installments to be paid. The	1252
auditor shall record the information in the sewer improvement	1253
record until these charges are paid in full. Charges not paid when	1254
due shall be certified to the county auditor, who shall place the	1255
charges upon the real property tax list and duplicate against that	1256
property. SuchThose charges shall be a lien on the property from	1257
the date they are placed on the tax list and duplicate and shall	1258
be collected in the same manner as other taxes.	1259

(2) A special assessment levied against the property, payable	1260
in suchthe number of years as the board determines, not to exceed	1261
fifteen years, with interest as determined by the board not to	1262
exceed ten per cent. The board of county commissioners shall	1263
certify the assessments to the county auditor, stating the amount	1264
and time of payment. The auditor shall record the information in	1265
the county sewer improvement record, showing separately the	1266
assessments to be collected, and shall place the assessments upon	1267
the real property tax list and duplicate for collection. Such	1268
assessmentThe assessments shall be a lien on the property from	1269
the date it isthey are placed on the tax list and duplicate and	1270
shall be collected in the same manner as other taxes.	1271

(E) The county may adopt a resolution specifying a maximum	1272
amount of the cost of any disconnection, reconnection, or	1273
relocation, or sewer back-up prevention required pursuant to	1274
division (A) of this section that may be paid by the county for	1275
each affected parcel of property without requiring reimbursement.	1276
SuchThat amount may be allowed only if there is a building code,	1277
health code, or other relevant code, or a federally imposed or	1278
state-imposed consent decree that is filed or otherwise recorded	1279
in a court of competent jurisdiction, applicable to the affected	1280
parcel that prohibits in the future any inflows or sewer back-ups	1281
not allowed under rules adopted pursuant to division (A)(1) or (4)	1282
of this section. The board, by rule, shall establish criteria for	1283
determining how much of the maximum amount for each qualifying	1284
parcel need not be reimbursed.	1285

(F) Disconnections, reconnections, or relocations, or sewer	1286
back-up prevention required under this section that areand	1287
performed by a contractor under contract with the property owner	1288
shall not be considered a "public improvement", and those	1289
performed by the county shall be considered a "public improvement"	1290
as defined in section 4115.03 of the Revised Code.	1291

Disconnections, reconnections, or relocations, or sewer	1292
back-up prevention required under this section performed by a	1293
contractor under contract with the property owner shall not be	1294
subject to competitive bidding or public bond laws.	1295

(G) Property owners shall be responsible for maintaining any	1296
improvements made on private property to reconnect or relocate	1297
disconnected inflows or for sewer back-up prevention pursuant to	1298
this section unless a public easement exists for the county to	1299
maintain that improvement.	1300

Sec. 6117.39. Whenever(A) Except as provided in division	1301
(B) of this section, whenever, in the opinion of the board of	1302
county commissioners, it is necessary to acquire real estate or	1303
any interest in real estate for the acquisition, construction,	1304
maintenance, or operation of any sewer, drainage, or other	1305
improvement authorized by this chapter, or to acquire the right to	1306
construct, maintain, and operate the sewer, drainage, or other	1307
improvement in and upon any property within or outside of a county	1308
sewer district, it may purchase the real estate, interest in real	1309
estate, or right by negotiation. If the board and the owner of the	1310
real estate, interest in real estate, or right are unable to agree	1311
upon its purchase and sale, or the amount of damages to be awarded	1312
for it, the board may appropriate the real estate, interest, or	1313
right in accordance with sections 163.01 to 163.22 of the Revised	1314
Code, except that the board, in the exercise of the powers granted	1315
by this section or any other section of this chapter, may not	1316
appropriate real estate or personal property owned by a municipal	1317
corporation.	1318

(B)(1) For the purposes of division (B) of this section,	1319
either of the following constitutes a public exigency:	1320

(a) A finding by the director of environmental protection	1321
that a public health nuisance caused by an occasion of unavoidable	1322
urgency and suddenness due to unsanitary conditions compels the	1323
immediate construction of sewers for the protection of the public	1324
health and welfare;	1325

(b) The issuance of an order by the board of health of a	1326
health district to mitigate or abate a public health nuisance that	1327
is caused by an occasion of unavoidable urgency and suddenness due	1328
to unsanitary conditions and compels the immediate construction of	1329
sewers for the protection of the public health and welfare.	1330

(2) If the board of county commissioners is unable to	1331
purchase property for the purpose of the construction of sewers to	1332
mitigate or abate the public health nuisance that is the subject	1333
of a finding of the director or an order of the board of health,	1334
the board of county commissioners may adopt a resolution finding	1335
that it is necessary for the protection of the public health and	1336
welfare to appropriate property that the board of county	1337
commissioners considers needed for that purpose. The resolution	1338
shall contain a definite, accurate, and detailed description of	1339
the property and the name and place of residence, if known or with	1340
reasonable diligence ascertainable, of the owners of the property	1341
to be appropriated.	1342

The board of county commissioners shall fix in its resolution	1343
what it considers to be the value of the property to be	1344
appropriated, which shall be the board's determination of the	1345
compensation for the property and shall be supported by an	1346
independent appraisal, together with any damages to the residue.	1347
The board shall deposit the compensation so determined, together	1348
with an amount for the damages to the residue, with the probate	1349
court or the court of common pleas of the county in which the	1350
property, or a part of it, is situated. Except as otherwise	1351
provided in this division, the power to appropriate property for	1352
the purposes of this division shall be exercised in the manner	1353
provided in sections 163.01 to 163.22 of the Revised Code for an	1354
appropriation in the time of public exigency. The board's	1355
resolution and a written copy of the independent appraisal shall	1356
accompany the petition filed under section 163.05 of the Revised	1357
Code.	1358

Sec. 6117.51.  If the board of health of the health district	1359
within which a new public sewer construction project is proposed	1360
or located passes a resolution stating that the reason for the	1361
project is to reduce or eliminate an existing health problem or a	1362
hazard of water pollution, the board of county commissioners of	1363
the county, by resolution, may order the owner of any premises	1364
located in a sewer district in the county, the owner's agent,	1365
lessee, or tenant, or any other occupant of the premises to	1366
connect the premises to the sewer for the purpose of discharging	1367
sewage or other waste that the board determines is originating on	1368
the premises, to make use of the connection, and to cease the	1369
discharge of the sewage or other waste into a cesspool, ditch,	1370
private sewer, privy, septic tank, semipublic disposal system as	1371
defined in division (B)(1)(a) of section 3709.085 of the Revised	1372
Code, or other outlet if the board finds that the sewer is	1373
available for use and is accessible to the premises following a	1374
determination and certification to the board by a registered	1375
professional engineer designated by it as to the availability and	1376
accessibility of the sewer. This section does not apply to any of	1377
the following:	1378

(A) Any discharge authorized by a permit issued under	1379
division (J) of section 6111.03 of the Revised Code other than a	1380
discharge to or from a semipublic disposal system as defined in	1381
division (B)(1)(a) of section 3709.085 of the Revised Code;	1382

(B) Wastes resulting from the keeping of animals;

1383

(C) Any premises that are not served by a common sewage	1384
collection system when the foundation wall of the structure from	1385
which sewage or other waste originates is more than two hundred	1386
feet from the nearest boundary of the right-of-way within which	1387
the sewer is located;	1388

(D) Any premises that are served by a common sewage	1389
collection system when both the foundation wall of the structure	1390
from which the sewage or other waste originates and the common	1391
sewage collection system are more than two hundred feet from the	1392
nearest boundary of the right-of-way within which the public sewer	1393
is located;	1394

(E) Any dwelling house located on property that is listed on	1395
the county's agricultural land tax list as being valued for tax	1396
purposes as land devoted exclusively to agricultural use under	1397
section 5713.31 of the Revised Code, when the foundation wall of	1398
the dwelling house is two hundred feet or less from the nearest	1399
boundary of the right-of-way within which the sewer is located, if	1400
both of the following also apply:	1401

(1) The sewer right-of-way for the property on which the	1402
dwelling house is located was obtained by appropriation due to a	1403
public exigency pursuant to division (B) of section 307.08,	1404
6101.181, 6115.211, 6117.39, or 6119.11 of the Revised Code.	1405

(2) The local health department has certified that the	1406
household sewage disposal system is functioning properly.	1407

The board shall not direct an order under this section to a	1408
resident tenant unless it determines that the terms of the tenancy	1409
are such that the owner lacks sufficient rights of access to	1410
permit the owner to comply with the terms of the order.	1411

An owner, agent, lessee, tenant, or occupant shall comply	1412
with the order of the board within ninety days after the	1413
completion of service of the order upon that person as provided in	1414
this section. The board, upon written application filed prior to	1415
the expiration of the ninety-day period, may waive compliance with	1416
any order either temporarily or permanently and conditionally or	1417
unconditionally.	1418

In its resolution, the board shall direct its clerk, or the	1419
clerk's designee, to serve its order upon the owner, agent,	1420
lessee, tenant, or occupant. Service of the order shall be made	1421
personally, by leaving the order at the usual place of residence	1422
with a person of suitable age and discretion then residing	1423
therein, or by certified mail addressed to the owner, agent,	1424
lessee, tenant, or occupant at that person's last known address or	1425
to the address to which tax bills are sent. If it appears by the	1426
return of service or the return of the order forwarded by	1427
certified mail that the owner, agent, lessee, tenant, or occupant	1428
cannot be found, that person shall be served by publication of the	1429
order once in a newspaper of general circulation within the	1430
county, or if that person refuses service, that person shall be	1431
served by ordinary mail addressed to that person's last known	1432
address or to the address to which tax bills are sent. The return	1433
of the person serving the order or a certified copy of the return,	1434
or a returned receipt for the order forwarded by certified mail	1435
accepted by the addressee or anyone purporting to act for the	1436
addressee, is prima-facie evidence of the service of the order	1437
under this section. The return of the person attempting to serve	1438
the order, or the return to the sender of the order forwarded by	1439
certified mail with an indication on the return of the refusal of	1440
the addressee to accept delivery, is prima-facie evidence of the	1441
refusal of service.	1442

No owner, agent, lessee, tenant, or occupant shall violate an	1443
order issued under this section. Upon request of the board, the	1444
prosecuting attorney shall prosecute in a court of competent	1445
jurisdiction any owner, agent, lessee, tenant, or occupant who	1446
violates an order issued under this section. Each day that a	1447
violation continues after conviction for the violation of an order	1448
issued under this section and the final determination thereof is a	1449
separate offense. The court, for good cause shown, may grant a	1450
reasonable additional period of time for compliance after	1451
conviction.	1452

Any owner, agent, lessee, tenant, or occupant violating an	1453
order issued under this section also may be enjoined from	1454
continuing in violation. Upon request of the board, the	1455
prosecuting attorney shall bring an action in a court of competent	1456
jurisdiction for an injunction against the owner, agent, lessee,	1457
tenant, or occupant violating an order.	1458

The Ohio water development authority created under section	1459
6121.02 of the Revised Code, in addition to its other powers, has	1460
the same power and shall be governed by the same procedures in a	1461
waste water facilities service area, or in any area adjacent to a	1462
public sewer operated by the authority, as a board of county	1463
commissioners in a county sewer district under this section,	1464
except that the authority shall act by order, and the attorney	1465
general, upon request of the authority, shall prosecute any person	1466
who violates an order of the authority issued under this section.	1467

Sec. 6119.11. The(A) Except as provided in division (B) of	1468
this section, the board of trustees of a regional water and sewer	1469
district may condemn for the use of the district any public or	1470
private land, easement, rights, rights-of-way, franchises, or	1471
other property within or without the district required by it for	1472
the accomplishment of its purposes according to the procedure set	1473
forth in sections 163.01 to 163.22, inclusive, of the Revised	1474
Code.	1475

(B)(1) For the purposes of division (B) of this section,	1476
either of the following constitutes a public exigency:	1477

(a) A finding by the director of environmental protection	1478
that a public health nuisance caused by an occasion of unavoidable	1479
urgency and suddenness due to unsanitary conditions compels the	1480
immediate construction of sewers for the protection of the public	1481
health and welfare;	1482

(b) The issuance of an order by the board of health of a	1483
health district to mitigate or abate a public health nuisance that	1484
is caused by an occasion of unavoidable urgency and suddenness due	1485
to unsanitary conditions and compels the immediate construction of	1486
sewers for the protection of the public health and welfare.	1487

(2) If the board of trustees of a regional water and sewer	1488
district is unable to purchase property for the purpose of the	1489
construction of sewers to mitigate or abate the public health	1490
nuisance that is the subject of a finding of the director or an	1491
order of the board of health, the board of trustees may adopt a	1492
resolution finding that it is necessary for the protection of the	1493
public health and welfare to appropriate property that the board	1494
of trustees considers needed for that purpose. The resolution	1495
shall contain a definite, accurate, and detailed description of	1496
the property and the name and place of residence, if known or with	1497
reasonable diligence ascertainable, of the owners of the property	1498
to be appropriated.	1499

The board of trustees shall fix in its resolution what it	1500
considers to be the value of the property to be appropriated,	1501
which shall be the board's determination of the compensation for	1502
the property and shall be supported by an independent appraisal,	1503
together with any damages to the residue. The board shall deposit	1504
the compensation so determined, together with an amount for the	1505
damages to the residue, with the probate court or the court of	1506
common pleas of the county in which the property, or a part of it,	1507
is situated. Except as otherwise provided in this division, the	1508
power to appropriate property for the purposes of this division	1509
shall be exercised in the manner provided in sections 163.01 to	1510
163.22 of the Revised Code for an appropriation in the time of	1511
public exigency. The board's resolution and a written copy of the	1512
independent appraisal shall accompany the petition filed under	1513
section 163.05 of the Revised Code.	1514

Section 2. That existing sections 163.02, 163.09, 163.12,	1515
303.02, 307.08, 307.79, 504.04, 504.19, 505.07, 505.375, 519.02,	1516
3709.41, 6117.012, 6117.39, 6117.51, and 6119.11 of the Revised	1517
Code are hereby repealed.	1518