Sec. 505.85. A board of township trustees may contract with | 9 |
a motor vehicle
salvage dealer, as defined in section 4738.01 of | 10 |
the Revised Code, or a scrap
metal processing facility, as defined | 11 |
in section 4737.05 of the Revised Code,
for the removal or | 12 |
disposal of motor vehicles pursuant to section 505.173 or 505.871 | 13 |
or sections
4513.60 to 4513.64 of the Revised Code, and a board | 14 |
may contract with a storage
facility or other similar facility for | 15 |
the storage or impoundment of motor
vehicles pursuant to section | 16 |
505.173 or sections 4513.60 to 4513.64 of the
Revised Code. | 17 |
Sec. 505.87. (A) A board of township trustees may provide
for | 18 |
the abatement, control, or removal of vegetation, garbage,
refuse, | 19 |
and other debris from land in the township, if the board | 20 |
determines that the owner's maintenance of suchthat vegetation, | 21 |
garbage, refuse, andor other debris constitutes a nuisance. | 22 |
(2) If suchthat vegetation, garbage, refuse, or other debris | 31 |
is
not
abated, controlled, or removed, or if provision for its | 32 |
abatement,
control, or removal is not made, within seven days,
the | 33 |
board
shall provide for the abatement, control, or removal,
and | 34 |
any
expenses incurred by the board in performing that task
shall | 35 |
be entered upon the tax duplicate and
become a lien upon
the land | 36 |
from the date of entry. | 37 |
The board shall send the notice to the owner
of the land
by | 38 |
certified mail if the owner is a resident of the
township or is a | 39 |
nonresident whose address is known, and
by
certified mail to | 40 |
lienholders of record; alternatively, if the
owner is a resident | 41 |
of the township or is a nonresident whose
address is known, the | 42 |
board may give notice to the owner by
causing any of its agents or | 43 |
employees to post the notice on the
principal structure on the | 44 |
land and to photograph that posted
notice with a camera capable of | 45 |
recording the date of the
photograph on it. If the owner's
address | 46 |
is unknown and
cannot
reasonably be obtained, it is
sufficient to | 47 |
publish the
notice
once in a newspaper of general
circulation in | 48 |
the
township.
The
owner of the land or holders of
liens of record | 49 |
upon the land
may
enter into an agreement with the
board of | 50 |
township trustees
providing for either party to the
agreement to | 51 |
perform the
abatement, control, or removal
before the time the | 52 |
board
is required to provide for the
abatement, control, or | 53 |
removal
under division (C) of this section. | 54 |
(C) If, within seven days after notice is given, the owner
of | 55 |
the land fails to abate, control, or remove the vegetation, | 56 |
garbage, refuse, or other debris, or no agreement for its | 57 |
abatement,
control, or removal is entered into under division (B) | 58 |
of this
section, the board of township trustees shall provide for | 59 |
the
abatement, control, or removal and may employ the necessary | 60 |
labor,
materials, and equipment to perform the task. All
expenses | 61 |
incurred shall, when approved by the board, shall be paid out
of | 62 |
the
township general fund from moneys not otherwise
appropriated, | 63 |
except that if the expenses incurred exceed five hundred dollars, | 64 |
the board may borrow moneys from a financial institution to pay | 65 |
for the expenses in whole or in part. | 66 |
(D) The board of township trustees shall make a written | 67 |
report to the county auditor of the board's action under this | 68 |
section. The board shall include in the report a proper | 69 |
description of the premises and a statement of
all
expenses | 70 |
incurred in providing for the abatement, control, or
removal of | 71 |
any vegetation, garbage, refuse, or other debris, as
provided
in | 72 |
division (C) of this section, including the board's
charges for | 73 |
its services, notificationthe costs incurred in providing notice, | 74 |
any fees or interest paid to borrow moneys, and the amount paid | 75 |
for the
labor,
materials, and equipment, and a proper description | 76 |
of the
premises. The expenses incurred, when allowed, shall be | 77 |
entered
upon the tax duplicate, are a lien upon the land from the | 78 |
date of
the entry, and shall be collected as other taxes, and | 79 |
shall be returned to
the township and placed in the township | 80 |
general fund. | 81 |
(3) The board shall serve the notice under this division by | 107 |
sending it by certified mail, return receipt requested, to the | 108 |
owner of the land, if the owner resides in the unincorporated | 109 |
territory of the township or if the owner resides outside the | 110 |
unincorporated territory of the township and the owner's address | 111 |
is known or ascertainable through an exercise of reasonable | 112 |
diligence. The board also shall send notice in such manner to any | 113 |
holders of liens of record on the land. If a notice sent by | 114 |
certified mail is refused or unclaimed, or if an owner's address | 115 |
is unknown and cannot reasonably be ascertained by an exercise of | 116 |
reasonable diligence, the board shall publish the notice once in a | 117 |
newspaper of general circulation in the township before the | 118 |
removal of the vehicle, and, if the land contains any structures, | 119 |
the board also shall post the notice on the principal structure on | 120 |
the land. | 121 |
(D) The board of township trustees may cause the removal or | 127 |
may employ the labor, materials, and equipment necessary to remove | 128 |
a junk motor vehicle under this section. All expenses incurred in | 129 |
removing or causing the removal of a junk motor vehicle, when | 130 |
approved by the board, shall be paid out of the township general | 131 |
fund from moneys not otherwise appropriated, except that if the | 132 |
expenses exceed five hundred dollars, the board may borrow moneys | 133 |
from a financial institution to pay the expenses in whole or in | 134 |
part. | 135 |
(E) The board of township trustees may utilize any lawful | 136 |
means to collect the expenses incurred in removing or causing the | 137 |
removal of a junk motor vehicle under this section, including any | 138 |
fees or interest paid to borrow moneys under division (D) of this | 139 |
section. The board may direct the township fiscal officer to | 140 |
certify the expenses and a description of the land to the county | 141 |
auditor, who shall place the expenses upon the tax duplicate as a | 142 |
lien upon the land to be collected as other taxes and returned to | 143 |
the township general fund. | 144 |