Am. Sub. H. B. No. 150 As Passed by the House

Representatives Gibbs, McGregor, J., Ujvagi, Evans, C., Kearns, Williams, Hagan, Reidelbach, Collier, Distel, Miller, Cassell, Schaffer, Barrett, Blessing, Chandler, Combs, Schneider, Stewart, D., Willamowski

A BILL

To amend sections 4737.10 and 4737.99 of the Revised 1
Code to require a junk yard owner's license to be 2
suspended if the owner fails to make required 3
changes or improvements to the owner's junk yard, 4
to restrict the junk yard owner's activities 5
during the suspension, and to increase the tax 6
that may be imposed on an owner who does not make 7
the required changes or improvements. 8

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

       Section 1. That sections 4737.10 and 4737.99 of the Revised 9
Code be amended to read as follows: 10

       Sec. 4737.10. (A) Before a license is granted or renewed 11
under sections 4737.05 to 4737.12 of the Revised Code, the sheriff 12
of each county, or, if the sheriff so designates, a township 13
~~policeman~~police officer or constable, and the chief of police of 14
each municipal corporation shall inspect the junk yard within ~~his~~ 15
the sheriff's, police officer's, constable's, or chief's 16
respective jurisdiction to determine if it complies with sections 17
4737.05 to 4737.12 of the Revised Code. The sheriff, or a township 18
~~policeman~~police officer or constable, or chief of police shall 19
submit a written report of such examination to the county auditor 20
of the county or the village solicitor or city director of law of 21
the municipal corporation wherein such junk yard is located. 22

       (B) In addition, twice annually the sheriff of each county, 23
or, if the sheriff so designates, a township ~~policeman~~police 24
officer or constable, and the chief of police of each municipal 25
corporation shall inspect every junk yard that is located within 26
~~his~~the sheriff's, police officer's, constable's, or chief's 27
jurisdiction and for which a license has been issued under 28
sections 4737.05 to 4737.12 of the Revised Code, to obtain 29
information with regard to whether the licensee's activity has 30
been and is being conducted in accordance with sections 4737.01 to 31
4737.12 of the Revised Code. The sheriff, township ~~policeman~~ 32
police officer or constable, or the chief of police shall submit a 33
written report of each such examination to the county auditor of 34
the county or the village solicitor or city director of law of the 35
municipal corporation wherein such junk yard is located. 36

       The sheriff, township ~~policeman~~police officer or constable, 37
or the chief of police shall, for the purpose of these 38
examinations, have free access to the grounds and buildings used 39
or proposed for use in the conduct of the junk yard activity by 40
the applicant or the licensee. 41

       Such inspections may be made at any time, at the option of 42
the sheriff, township ~~policeman~~police officer or constable, or 43
the chief of police during the regular work hours of the licensee 44
or within the hours of eight a.m. and five p.m. Monday through 45
Friday. 46

       The director of transportation may also inspect junk yards 47
adjacent to state highways to obtain information with regard to 48
whether the licensee's activity is being conducted in accordance 49
with sections 4737.01 to 4737.12 of the Revised Code. If such 50
inspection indicates that there is a violation of any of the 51
provisions of such sections the director shall advise the attorney 52
general of such alleged violations and request ~~him~~the attorney 53
general to take proper legal action. 54

       (C) Whenever it is determined upon any semiannual inspection 55
made under this section that a junk yard is not being conducted in 56
accordance with the requirements of sections 4737.01 to 4737.12 of 57
the Revised Code, the sheriff of the county, township ~~policeman~~ 58
police officer or constable, or the chief of police of the 59
municipal corporation within whose jurisdiction the junk yard is 60
located, shall immediately notify the owner of the junk yard of 61
such fact. The notice shall be sent to the owner by registered 62
mail, and shall detail the areas which are not in conformity with 63
the requirements of sections 4737.01 to 4737.12 of the Revised 64
Code. A copy of the notice shall also be sent to the auditor of 65
the county, or the village solicitor or city director of law of 66
the municipal corporation within which the junk yard is located. 67

       (D) Any owner of a junk yard who receives a notice as 68
provided in this section shall, within sixty days after the 69
mailing of the notice, undertake and complete such changes or 70
improvements as are necessary to conform the junk yard to the 71
requirements of sections 4737.01 to 4737.12 of the Revised Code. 72
At the expiration of the sixty-day period, the sheriff, township 73
~~policeman~~police officer or constable, or the chief of police 74
shall make a further inspection of the junk yard, and if the 75
required changes or improvements have not been made, the sheriff, 76
township police officer or constable, or the chief of the police 77
shall send notice of that noncompliance to the chief executive 78
officer of the municipality or the county auditor of the county in 79
which the licensee's junk yard is located. After receiving the 80
notice of noncompliance, the chief executive officer or county 81
auditor, as appropriate, shall suspend the owner's license for 82
ninety days. While the owner's license is suspended, the owner 83
shall undertake and complete such changes or improvements 84
necessary to conform the junk yard to the requirements of sections 85
4737.01 to 4737.12 of the Revised Code. 86

       (E) An owner whose license is suspended pursuant to division 87
(D) of this section may appeal the suspension in accordance with 88
Chapter 2506. of the Revised Code. 89

       At any time during the ninety days in which an owner's 90
license is suspended, the owner may apply to the sheriff, township 91
police officer or constable, or the chief of the police to have 92
the junk yard inspected. If, after the inspection, the sheriff, 93
township police officer or constable, or the chief of the police 94
determines that the junk yard conforms to the requirements of 95
sections 4737.01 to 4737.12 of the Revised Code, the sheriff, 96
township police officer or constable, or the chief of the police, 97
as appropriate, shall send notice of that compliance to the chief 98
executive officer of the municipality or the county auditor of the 99
county in which the licensee's junk yard is located. After 100
receiving the notice of compliance, the chief executive officer or 101
the county auditor, as appropriate, shall remove the suspension 102
and reinstate the owner's license. 103

       (F)(1) An owner may sell junk while the owner's license is 104
suspended. 105

        (2) No licensee may accept junk for future resale during the 106
time that the licensee's license is suspended under division (D) 107
of this section. 108

        (G) If an owner's license has not been reinstated under 109
division (E) of this section prior to the end of a ninety-day 110
suspension, the sheriff, township police officer or constable, or 111
the chief of police shall make a further inspection of the junk 112
yard. If the owner has not made the required changes or 113
improvements, the sheriff, township police officer or constable, 114
or chief of police shall send notice of that noncompliance to the 115
chief executive officer of the municipality or the county auditor 116
of the county in which the licensee's junk yard is located. After 117
receiving the notice of noncompliance, the chief executive officer 118
or the county auditor shall revoke the owner's license in 119
accordance with the procedures specified in section 4737.07 of the 120
Revised Code. In addition to having the licensee's license 121
revoked, the owner of the junk yard shall be subject to a tax of 122
~~twenty~~one hundred dollars for each day after revocation that the 123
violation continues. 124

       The sheriff, township ~~policeman~~police officer or constable, 125
or the chief of police shall certify a return of the imposition of 126
said tax thereon to the county auditor, who shall enter the same 127
as a tax upon the property and against the persons upon which or 128
whom the lien was imposed as and when other taxes are entered. The 129
provisions of the laws relating to the collection of taxes in this 130
state, the delinquency thereof, and sale of property for taxes 131
shall govern in the collection of the tax prescribed in this 132
section insofar as the same are applicable. 133

       Sec. 4737.99. (A) ~~Whoever~~Except as specified in division 134
(B) of this section, whoever violates sections 4737.01 to 4737.11, 135
~~inclusive,~~ of the Revised Code, shall be fined not less than 136
twenty-five nor more than one thousand dollars and the costs of 137
prosecution. 138

       (B) Whoever violates division (F)(2) of section 4737.10 of 139
the Revised Code is guilty of a misdemeanor of the fourth degree. 140

       Section 2. That existing sections 4737.10 and 4737.99 of the 141
Revised Code are hereby repealed. 142

Section 1. That sections 4737.10 and 4737.99 of the Revised	9
Code be amended to read as follows:	10

Sec. 4737.10. (A) Before a license is granted or renewed	11
under sections 4737.05 to 4737.12 of the Revised Code, the sheriff	12
of each county, or, if the sheriff so designates, a township	13
~~policeman~~police officer or constable, and the chief of police of	14
each municipal corporation shall inspect the junk yard within ~~his~~	15
the sheriff's, police officer's, constable's, or chief's	16
respective jurisdiction to determine if it complies with sections	17
4737.05 to 4737.12 of the Revised Code. The sheriff, or a township	18
~~policeman~~police officer or constable, or chief of police shall	19
submit a written report of such examination to the county auditor	20
of the county or the village solicitor or city director of law of	21
the municipal corporation wherein such junk yard is located.	22

(B) In addition, twice annually the sheriff of each county,	23
or, if the sheriff so designates, a township ~~policeman~~police	24
officer or constable, and the chief of police of each municipal	25
corporation shall inspect every junk yard that is located within	26
~~his~~the sheriff's, police officer's, constable's, or chief's	27
jurisdiction and for which a license has been issued under	28
sections 4737.05 to 4737.12 of the Revised Code, to obtain	29
information with regard to whether the licensee's activity has	30
been and is being conducted in accordance with sections 4737.01 to	31
4737.12 of the Revised Code. The sheriff, township ~~policeman~~	32
police officer or constable, or the chief of police shall submit a	33
written report of each such examination to the county auditor of	34
the county or the village solicitor or city director of law of the	35
municipal corporation wherein such junk yard is located.	36

The sheriff, township ~~policeman~~police officer or constable,	37
or the chief of police shall, for the purpose of these	38
examinations, have free access to the grounds and buildings used	39
or proposed for use in the conduct of the junk yard activity by	40
the applicant or the licensee.	41

Such inspections may be made at any time, at the option of	42
the sheriff, township ~~policeman~~police officer or constable, or	43
the chief of police during the regular work hours of the licensee	44
or within the hours of eight a.m. and five p.m. Monday through	45
Friday.	46

The director of transportation may also inspect junk yards	47
adjacent to state highways to obtain information with regard to	48
whether the licensee's activity is being conducted in accordance	49
with sections 4737.01 to 4737.12 of the Revised Code. If such	50
inspection indicates that there is a violation of any of the	51
provisions of such sections the director shall advise the attorney	52
general of such alleged violations and request ~~him~~the attorney	53
general to take proper legal action.	54

(C) Whenever it is determined upon any semiannual inspection	55
made under this section that a junk yard is not being conducted in	56
accordance with the requirements of sections 4737.01 to 4737.12 of	57
the Revised Code, the sheriff of the county, township ~~policeman~~	58
police officer or constable, or the chief of police of the	59
municipal corporation within whose jurisdiction the junk yard is	60
located, shall immediately notify the owner of the junk yard of	61
such fact. The notice shall be sent to the owner by registered	62
mail, and shall detail the areas which are not in conformity with	63
the requirements of sections 4737.01 to 4737.12 of the Revised	64
Code. A copy of the notice shall also be sent to the auditor of	65
the county, or the village solicitor or city director of law of	66
the municipal corporation within which the junk yard is located.	67

(D) Any owner of a junk yard who receives a notice as	68
provided in this section shall, within sixty days after the	69
mailing of the notice, undertake and complete such changes or	70
improvements as are necessary to conform the junk yard to the	71
requirements of sections 4737.01 to 4737.12 of the Revised Code.	72
At the expiration of the sixty-day period, the sheriff, township	73
~~policeman~~police officer or constable, or the chief of police	74
shall make a further inspection of the junk yard, and if the	75
required changes or improvements have not been made, the sheriff,	76
township police officer or constable, or the chief of the police	77
shall send notice of that noncompliance to the chief executive	78
officer of the municipality or the county auditor of the county in	79
which the licensee's junk yard is located. After receiving the	80
notice of noncompliance, the chief executive officer or county	81
auditor, as appropriate, shall suspend the owner's license for	82
ninety days. While the owner's license is suspended, the owner	83
shall undertake and complete such changes or improvements	84
necessary to conform the junk yard to the requirements of sections	85
4737.01 to 4737.12 of the Revised Code.	86

(E) An owner whose license is suspended pursuant to division	87
(D) of this section may appeal the suspension in accordance with	88
Chapter 2506. of the Revised Code.	89

At any time during the ninety days in which an owner's	90
license is suspended, the owner may apply to the sheriff, township	91
police officer or constable, or the chief of the police to have	92
the junk yard inspected. If, after the inspection, the sheriff,	93
township police officer or constable, or the chief of the police	94
determines that the junk yard conforms to the requirements of	95
sections 4737.01 to 4737.12 of the Revised Code, the sheriff,	96
township police officer or constable, or the chief of the police,	97
as appropriate, shall send notice of that compliance to the chief	98
executive officer of the municipality or the county auditor of the	99
county in which the licensee's junk yard is located. After	100
receiving the notice of compliance, the chief executive officer or	101
the county auditor, as appropriate, shall remove the suspension	102
and reinstate the owner's license.	103

(F)(1) An owner may sell junk while the owner's license is	104
suspended.	105

(2) No licensee may accept junk for future resale during the	106
time that the licensee's license is suspended under division (D)	107
of this section.	108

(G) If an owner's license has not been reinstated under	109
division (E) of this section prior to the end of a ninety-day	110
suspension, the sheriff, township police officer or constable, or	111
the chief of police shall make a further inspection of the junk	112
yard. If the owner has not made the required changes or	113
improvements, the sheriff, township police officer or constable,	114
or chief of police shall send notice of that noncompliance to the	115
chief executive officer of the municipality or the county auditor	116
of the county in which the licensee's junk yard is located. After	117
receiving the notice of noncompliance, the chief executive officer	118
or the county auditor shall revoke the owner's license in	119
accordance with the procedures specified in section 4737.07 of the	120
Revised Code. In addition to having the licensee's license	121
revoked, the owner of the junk yard shall be subject to a tax of	122
~~twenty~~one hundred dollars for each day after revocation that the	123
violation continues.	124

The sheriff, township ~~policeman~~police officer or constable,	125
or the chief of police shall certify a return of the imposition of	126
said tax thereon to the county auditor, who shall enter the same	127
as a tax upon the property and against the persons upon which or	128
whom the lien was imposed as and when other taxes are entered. The	129
provisions of the laws relating to the collection of taxes in this	130
state, the delinquency thereof, and sale of property for taxes	131
shall govern in the collection of the tax prescribed in this	132
section insofar as the same are applicable.	133

Sec. 4737.99. (A) ~~Whoever~~Except as specified in division	134
(B) of this section, whoever violates sections 4737.01 to 4737.11,	135
~~inclusive,~~ of the Revised Code, shall be fined not less than	136
twenty-five nor more than one thousand dollars and the costs of	137
prosecution.	138

(B) Whoever violates division (F)(2) of section 4737.10 of	139
the Revised Code is guilty of a misdemeanor of the fourth degree.	140

Section 2. That existing sections 4737.10 and 4737.99 of the	141
Revised Code are hereby repealed.	142