| 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 |
policemanpolice 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 |
policemanpolice 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 policemanpolice | 24 |
|
officer or constable,
and the chief of police of each municipal | 25 |
| corporation shall
inspect every junk yard that is located within | 26 |
histhe 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 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 himthe
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 |
policemanpolice 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 chief | 76 |
| executive officer of the municipality or the county auditor of the | 77 |
| county in which the licensee's junk yard is located shall suspend | 78 |
| the owner's license for ninety days. While the owner's license is | 79 |
| suspended, the owner shall undertake and complete such changes or | 80 |
| improvements necessary to conform the junk yard to the | 81 |
| requirements of sections 4737.01 to 4737.12 of the Revised Code. | 82 |
| The owner may sell junk while the owner's license is suspended. | 83 |
|
(F) At the expiration of a ninety-day suspension, the | 87 |
| sheriff, township police officer or constable, or the chief of | 88 |
| police shall make a further inspection of the junk yard. If the | 89 |
| owner has not made the required changes or improvements, the | 90 |
| sheriff, township police officer or constable, or chief of police | 91 |
| shall notify the chief executive officer of the municipality or | 92 |
| the county auditor of the county in which the licensee's junk yard | 93 |
| is located. The chief executive officer of the municipality or the | 94 |
| county auditor then shall revoke the owner's license in accordance | 95 |
| with the procedures specified in section 4737.07 of the Revised | 96 |
| Code. In addition to having the licensee's license revoked, the | 97 |
owner of the junk yard
shall be subject to a tax of twentyone | 98 |
| hundred dollars for each day after revocation that the
violation | 99 |
| continues. | 100 |
The sheriff, township policemanpolice officer or constable, | 101 |
| or
the chief
of police shall certify a return of the imposition of | 102 |
| said tax
thereon to the county auditor, who shall enter the same | 103 |
| as a tax
upon the property and against the persons upon which or | 104 |
| whom the
lien was imposed as and when other taxes are entered. The | 105 |
|
provisions of the laws relating to the collection of taxes in
this | 106 |
| state, the delinquency thereof, and sale of property for
taxes | 107 |
| shall govern in the collection of the tax prescribed in
this | 108 |
| section insofar as the same are applicable. | 109 |