(1) "Building" means, except as otherwise provided in this | 12 |
division, any building or structure that is used or intended to
be | 13 |
used for residential purposes. "Building" includes, but is
not | 14 |
limited to, a building or structure in which any floor is
used for | 15 |
retail stores, shops, salesrooms, markets, or similar
commercial | 16 |
uses, or for offices, banks, civic administration
activities, | 17 |
professional services, or similar business or civic
uses, and in | 18 |
which the other floors are used, or designed and
intended to be | 19 |
used, for residential purposes. "Building" does
not include any | 20 |
except a
building or structure that is occupied by its
owner and | 21 |
that
contains three or fewer residential
units, with one of the | 22 |
residential units being occupied by the owner of the building or | 23 |
structure. | 24 |
(3)(a) "Public nuisance" as it applies to a building means a | 27 |
building that is a menace to
the public health, welfare, or | 28 |
safety; that is structurally
unsafe, unsanitary, or not provided | 29 |
with adequate safe egress;
that constitutes a fire hazard,or is | 30 |
otherwise dangerous to human
life, or; that is otherwise no longer | 31 |
fit and habitable if the building is used or designed to be used | 32 |
for residential purposes; or that, in
relation to its existing | 33 |
use, constitutes a hazard to the public
health, welfare, or safety | 34 |
by reason of inadequate maintenance,
dilapidation, obsolescence, | 35 |
or abandonment. | 36 |
(vi) The common areas are structurally sound, secure, and | 63 |
functionally adequate for the purposes intended. The basement, | 64 |
garage, carport, restrooms, closets, utility, mechanical, | 65 |
community rooms, daycare, halls, corridors, stairs, kitchens, | 66 |
laundry rooms, office, porch, patio, balcony, and trash collection | 67 |
areas are free of health and safety hazards, operable, and in good | 68 |
repair. All common area ceilings, doors, floors, HVAC, lighting, | 69 |
smoke detectors, stairs, walls, and windows, to the extent | 70 |
applicable, are free of health and safety hazards, operable, and | 71 |
in good repair, as defined in 24 C.F.R. 5.703(e); | 72 |
(vii) All areas and components of the housing are free of | 73 |
health and safety hazards. These areas include, but are not | 74 |
limited to, air quality, electrical hazards, elevators, | 75 |
emergency/fire exits, flammable materials, garbage and debris, | 76 |
handrail hazards, infestation, and lead-based paint, as defined in | 77 |
24 C.F.R. 5.703(f). | 78 |
(3)(4) "Abate" or "abatement" in connection with any building | 79 |
means the removal or correction of any conditions that constitute | 80 |
a public nuisance and in connection with any building includes the | 81 |
making of any other improvements that
are needed to effect a | 82 |
rehabilitation of the building that is
consistent with maintaining | 83 |
safe and habitable conditions over
its
remaining useful life. | 84 |
"Abatement" does not include theThe
closing or
boarding up of | 85 |
any building that is found to be a
public nuisance, by itself, | 86 |
does not serve as an abatement of the public nuisance. | 87 |
(B)(1)(a) In any civil action to enforce any local building, | 140 |
housing, air pollution, sanitation, health, fire, zoning, or | 141 |
safety code, ordinance, or regulation applicable to buildings, | 142 |
lands, or subsidized housing
that is commenced in a court of | 143 |
common pleas,
municipal court,
housing or environmental division | 144 |
of a municipal
court, or county
court, or in any civil action for | 145 |
abatement
commenced in a court
of common pleas, municipal court, | 146 |
housing or
environmental
division of a municipal court, or county | 147 |
court, by a
municipal
corporation in which the building, land, or | 148 |
subsidized housing involved
is located, by any
neighbor, tenant, | 149 |
or by a nonprofit corporation
that is duly
organized and has as | 150 |
one of its goals the improvement
of housing
conditions in the | 151 |
county or municipal corporation in
which the
building, land, or | 152 |
subsidized housing involved is located, if a
building, land, or | 153 |
subsidized housing is alleged to be a
public nuisance, the | 154 |
municipal
corporation, neighbor, tenant, or
nonprofit corporation | 155 |
may apply
in its complaint for an
injunction
or other order as | 156 |
described in
division (C)(1) of this
section, or
for the relief | 157 |
described in
division (C)(2) of this
section,
including, if | 158 |
necessary, the
appointment of a receiver
as
described in | 159 |
divisions (C)(2) and
(3) of this section, or for
both
such an | 160 |
injunction or other
order and such relief. The
municipal | 161 |
corporation, neighbor,
tenant, or nonprofit corporation | 162 |
commencing
the action is not
liable for the costs, expenses, and | 163 |
fees of any
receiver
appointed pursuant to divisions (C)(2) and | 164 |
(3) of this
section. | 165 |
(b) Prior to commencing a civil action for abatement when the | 166 |
property alleged to be a public nuisance is subsidized housing, | 167 |
the municipal corporation, neighbor, tenant, or nonprofit | 168 |
corporation commencing the action shall provide the landlord of | 169 |
that property with written notice that specifies one or more | 170 |
defective conditions that constitute a public nuisance as that | 171 |
term applies to subsidized housing and states that if the landlord | 172 |
fails to remedy the condition within sixty days of the service of | 173 |
the notice, a claim pursuant to this section may be brought on the | 174 |
basis that the property constitutes a public nuisance in | 175 |
subsidized housing. Any party authorized to bring an action | 176 |
against the landlord shall make reasonable attempts to serve the | 177 |
notice in the manner prescribed in the Rules of Civil Procedure to | 178 |
the landlord or the landlord's agent for the property at the | 179 |
property's management office, or at the place where the tenants | 180 |
normally pay or send rent. If the landlord is not the owner of | 181 |
record, the party bringing the action shall make a reasonable | 182 |
attempt to serve the owner. If the owner does not receive service | 183 |
the person bringing the action shall certify the attempts to serve | 184 |
the owner. | 185 |
(2)(a) In a civil action described in division (B)(1) of
this | 186 |
section, a copy of the complaint and a notice of the date
and time | 187 |
of a hearing on the complaint shall be served upon the
owner of | 188 |
the building, land, or subsidized housing and all other interested | 189 |
parties in
accordance with
the Rules of Civil Procedure. If | 190 |
certified mail
service, personal
service, or residence service of | 191 |
the complaint
and notice is
refused or certified mail service of | 192 |
the complaint
and notice is
not claimed, and if the municipal | 193 |
corporation,
neighbor, tenant,
or nonprofit corporation | 194 |
commencing the action
makes a written
request for ordinary mail | 195 |
service of the
complaint and notice, or
uses publication service, | 196 |
in accordance
with the Rules of Civil
Procedure, then a copy of | 197 |
the complaint
and notice shall be posted
in a conspicuous place | 198 |
on the
building, land, or subsidized housing. | 199 |
(c)(d) In considering whether subsidized housing is a public | 210 |
nuisance, the judge shall construe the standards set forth in | 211 |
division (A)(2)(b)(A)(3)(c) of this section in a manner | 212 |
consistent with
department of housing and urban development and | 213 |
judicial
interpretations of those standards. The judge shall deem | 214 |
that the
property is not a public nuisance if during the twelve | 215 |
months
prior to the service of the notice that division (B)(1)(b) | 216 |
of this
section requires, the department of housing and urban | 217 |
development's real estate assessment center issued a score of | 218 |
seventy-five or higher out of a possible one hundred points | 219 |
pursuant to its regulations governing the physical condition of | 220 |
multifamily properties pursuant to 24 C.F.R. part 200, subpart P, | 221 |
and since the most recent inspection, there has been no | 222 |
significant change in the property's conditions that would create | 223 |
a serious threat to the health, safety, or welfare of the | 224 |
property's tenants. | 225 |
(C)(1) If the judge in a civil action described in
division | 226 |
(B)(1) of this section finds at the hearing required by
division | 227 |
(B)(2) of this section that the building involved, land, or | 228 |
subsidized housing
is a
public
nuisance, if the judge | 229 |
additionally determines that
the
owner of
the building, land, or | 230 |
subsidized housing previously has not
been afforded a
reasonable | 231 |
opportunity to abate the public
nuisance or has been
afforded | 232 |
such
an opportunity and has not
refused or failed to
abate the | 233 |
public
nuisance, and if the
complaint of the municipal | 234 |
corporation,
neighbor, tenant, or
nonprofit corporation | 235 |
commencing the action
requested the
issuance of an injunction as | 236 |
described in this
division, then the
judge may issue an | 237 |
injunction requiring the
owner of the building, land, or | 238 |
subsidized housing to abate the
public nuisance or issue any | 239 |
other
order that the judge considers
necessary or appropriate to | 240 |
cause
the abatement of the public
nuisance. If an injunction is | 241 |
issued
pursuant to this division,
the owner of the building | 242 |
involved, land, or subsidized housing shall be given no more than | 243 |
thirty days from
the
date of
the entry of the judge's order to | 244 |
comply with the
injunction,
unless the judge, for good cause | 245 |
shown, extends the
time for
compliance. | 246 |
(2) If the judge in a civil action described in division | 247 |
(B)(1) of this section finds at the hearing required by division | 248 |
(B)(2) of this section that theinvolves a building involvedis a | 249 |
public
nuisance, ifand the judge additionally determines that | 250 |
the owner of
the building previously has been
afforded a | 251 |
reasonable
opportunity
to abate the public nuisance
and has | 252 |
refused or
failed to do so,
and if the complaint of the | 253 |
municipal
corporation, neighbor,
tenant, or nonprofit corporation | 254 |
commencing the action requested
relief as described in this | 255 |
division, then the judge shall offer
any mortgagee, lienholder, | 256 |
or other interested party associated
with the property on
which | 257 |
the building is located, in the order
of the priority of | 258 |
interest
in title, the opportunity to undertake
the work and to | 259 |
furnish
the materials necessary to abate the
public nuisance. | 260 |
Prior to
selecting any interested party, the
judge shall require | 261 |
the
interested party to demonstrate the
ability to promptly | 262 |
undertake
the work and furnish the materials
required, to provide | 263 |
the judge
with a viable financial and
construction plan for the | 264 |
rehabilitation of the building as
described in
division (D) of | 265 |
this section, and to post security
for the
performance of the | 266 |
work and the furnishing of the
materials. | 267 |
(2) If the judge determines, at the hearing, that the owner | 268 |
of the building, land, or subsidized housing previously has been | 269 |
afforded a reasonable opportunity to abate the public nuisance and | 270 |
has refused or failed to do so and, if the civil action involves a | 271 |
building, that no interested
party associated with the property on | 272 |
which the building is located is willing or able to undertake the | 273 |
work and to furnish the
materials necessary to abate the public | 274 |
nuisance, or if the judge
determines, at any time after the | 275 |
hearing, that any party who is
undertaking corrective work | 276 |
pursuant to this division cannot or
will not proceed, or has not | 277 |
proceeded with due diligence, the
judge may appoint a receiver | 278 |
pursuant to division (C)(3) of this
section to take possession and | 279 |
control of the building, land, or subsidized housing. | 280 |
(3)(a) The judge in a civil action described in division | 281 |
(B)(1) of this section shall not appoint any person as a receiver | 282 |
unless the person first has provided the judge with a viable | 283 |
financial and construction plan for the rehabilitation of the | 284 |
building involved, land, or subsidized housing as described in | 285 |
division (D) of
this section
and
has demonstrated the capacity | 286 |
and expertise to
perform the
required work and to furnish the | 287 |
required materials in
a
satisfactory manner. An appointed | 288 |
receiver may be a financial
institution that possesses an interest | 289 |
of record in the building
or the property on which it is located, | 290 |
land, or subsidized housing, a
nonprofit corporation
as | 291 |
described in divisions (B)(1) and
(C)(3)(b) of this section, | 292 |
including, but not limited to, a
nonprofit corporation that | 293 |
commenced the action described in
division (B)(1) of this | 294 |
section,
or any other qualified property
manager. | 295 |
(b) To be eligible for appointment as a receiver, no part
of | 296 |
the net earnings of a nonprofit corporation shall inure to the | 297 |
benefit of any private shareholder or individual. Membership on | 298 |
the board of trustees of a nonprofit corporation appointed as a | 299 |
receiver does not constitute the holding of a public office or | 300 |
employment within the meaning of sections 731.02 and 731.12 or
any | 301 |
other section of the Revised Code and does not constitute a
direct | 302 |
or indirect interest in a contract or expenditure of money
by any | 303 |
municipal corporation. A member of a board of trustees of
a | 304 |
nonprofit corporation appointed as a receiver shall not be | 305 |
disqualified from holding any public office or employment, and | 306 |
shall not forfeit any public office or employment, by reason of
| 307 |
membership on the board of trustees, notwithstanding any law
to | 308 |
the contrary. | 309 |
(D) Prior to ordering an owner, interested party, or receiver | 310 |
to undertake any work to be undertaken, or the
furnishing of any | 311 |
materials, to abate a public nuisance under
this
section, the | 312 |
judge in a civil action described in division
(B)(1)
of this | 313 |
section shall review the submitted financial and
construction plan | 314 |
for the rehabilitation of the building involved, land, or | 315 |
subsidized housing
and, if it specifies all of the following, | 316 |
shall approve that
plan: | 317 |
(E) Upon the written request of any of the interested
parties | 330 |
to have a building, or portions of a building, that
constitute a | 331 |
public nuisance demolished because repair and
rehabilitation of | 332 |
the building are found not to be feasible, the
judge may order the | 333 |
demolition. However, the demolition shall
not be ordered unless | 334 |
the requesting interested parties have paid
the costs of | 335 |
demolition and, if any, of the receivership, and, if
any, all | 336 |
notes, certificates, mortgages, and fees of the
receivership. | 337 |
(1) Take possession and control of the building and the | 346 |
property on which it is located, land, or subsidized housing, | 347 |
operate and manage the
building
and the property, land, or | 348 |
subsidized housing, establish and collect rents and
income, lease | 349 |
and rent the building and the property, land, or subsidized | 350 |
housing, and
evict tenants; | 351 |
(2) Pay all expenses of operating and conserving the
building | 352 |
and the property, land, or subsidized housing, including, but not | 353 |
limited to, the
cost
of
electricity, gas, water, sewerage, | 354 |
heating fuel, repairs
and
supplies, custodian services, taxes and | 355 |
assessments, and
insurance
premiums, and hire and pay reasonable | 356 |
compensation to a
managing
agent; | 357 |
(5) Pursuant to court order, remove and dispose of any | 363 |
personal property abandoned, stored, or otherwise located in or
on | 364 |
the building and the property on which the building is located, | 365 |
land, or subsidized housing that creates a dangerous or
unsafe | 366 |
condition or that constitutes a violation of any local
building, | 367 |
housing, air pollution, sanitation, health, fire,
zoning, or | 368 |
safety code, ordinance, or regulation; | 369 |
(7) Enter into any agreement and do those things necessary
to | 372 |
maintain and preserve the building and the property on which the | 373 |
building is located, land, or subsidized housing and
comply
with | 374 |
all local building, housing, air pollution,
sanitation,
health, | 375 |
fire, zoning, or safety codes, ordinances, and
regulations; | 376 |
(9) Issue notes and secure them by a mortgage bearing | 382 |
interest, and upon terms and conditions, that the judge approves. | 383 |
When sold or transferred by the receiver in return for valuable | 384 |
consideration in money, material, labor, or services, the notes
or | 385 |
certificates shall be freely transferable. Any mortgages
granted | 386 |
by the receiver shall be superior to any claims of the
receiver. | 387 |
Priority among the receiver's mortgages shall be
determined by the | 388 |
order in which they are recorded. | 389 |
(H)(1) The judge in a civil action described in division | 394 |
(B)(1) of this section may assess as court costs, the expenses | 395 |
described in division (F)(2) of this section, and may approve | 396 |
receiver's fees to the extent that they are not covered by the | 397 |
income from the property. Subject to that limitation, a receiver | 398 |
appointed pursuant to divisions (C)(2) and (3) of this section is | 399 |
entitled to receive fees in the same manner and to the same
extent | 400 |
as receivers appointed in actions to foreclose mortgages. | 401 |
(2)(a) Pursuant to the police powers vested in the state,
all | 402 |
expenditures of a mortgagee, lienholder, or other interested
party | 403 |
that has been selected pursuant to division (C)(2)(1) of this | 404 |
section
to undertake the work and to furnish the materials | 405 |
necessary to
abate a public nuisance, and any expenditures in | 406 |
connection with
the foreclosure of the lien created by this | 407 |
division, is a first
lien upon the building involved and the | 408 |
property on which itthe building is
located, land, or subsidized | 409 |
housing and is superior to all
prior and
subsequent liens or | 410 |
other
encumbrances associated with
the
building or theand | 411 |
property,
land, or subsidized housing including,
but not limited | 412 |
to, those
for taxes and assessments,
upon the
occurrence of both | 413 |
of the
following: | 414 |
(b) Pursuant to the police powers vested in the state, all | 423 |
expenses and other amounts paid in accordance with division (F)
of | 424 |
this section by a receiver appointed pursuant to divisions
(C)(2) | 425 |
and (3) of this section, the amounts of any notes issued
by the | 426 |
receiver in accordance with division (F) of this section,
all | 427 |
mortgages granted by the receiver in accordance with that | 428 |
division, the fees of the receiver approved pursuant to division | 429 |
(H)(1) of this section, and any amounts expended in connection | 430 |
with the foreclosure of a mortgage granted by the receiver in | 431 |
accordance with division (F) of this section or with the | 432 |
foreclosure of the lien created by this division, are a first
lien | 433 |
upon the building involved and the property on which itthe | 434 |
building is
located, land, or subsidized housing
and are superior | 435 |
to all
prior
and subsequent liens or
other
encumbrances | 436 |
associated with
the
building or theand property, land, or | 437 |
subsidized housing,
including,
but
not limited to, those for | 438 |
taxes and assessments,
upon the
occurrence of both of the | 439 |
following: | 440 |
(ii) The recordation of a certified copy of the judgment | 447 |
entry and a sufficient description of the property on which the | 448 |
building is
located, land, or subsidized housing, or, in the | 449 |
case of a mortgage, the
recordation of the mortgage, a certified | 450 |
copy of the judgment
entry, and such a description, with the | 451 |
county recorder of the
county in which the property is located | 452 |
within sixty days after
the date of the
entry of the judgment. | 453 |
(I)(1) If a receiver appointed pursuant to divisions
(C)(2) | 462 |
and (3) of this section files with the judge in the civil
action | 463 |
described in division (B)(1) of this section a report
indicating | 464 |
that the public nuisance has been abated, if the judge
confirms | 465 |
that the receiver has abated the public nuisance, and if
the | 466 |
receiver or any interested party requests the judge to enter
an | 467 |
order directing the receiver to sell the building and the
property | 468 |
on which itthe building
is located, land, or subsidized housing, | 469 |
the judge
may enter that order
after
holding a hearing as | 470 |
described in
division (I)(2) of this
section
and otherwise | 471 |
complying with that
division. | 472 |
(2)(a) The receiver or interested party requesting an order | 473 |
as described in division (I)(1) of this section shall cause a | 474 |
notice of the date and time of a hearing on the request to be | 475 |
served on the owner of the building involved, land, or subsidized | 476 |
housing and
all other
interested parties in accordance with | 477 |
division (B)(2)(a)
of this
section. The judge in the civil action | 478 |
described in
division
(B)(1) of this section shall conduct the | 479 |
scheduled
hearing. At
the
hearing, if the owner or any | 480 |
interested party
objects to the
sale
of the building and the | 481 |
property, land, or subsidized housing, the burden of proof shall | 482 |
be
upon the
objecting person to establish, by a preponderance of | 483 |
the
evidence, that the benefits of not selling the building and | 484 |
the
property, land, or subsidized housing outweigh the benefits | 485 |
of
selling them. If the judge
determines that there is no | 486 |
objecting
person, or if the judge
determines
that there is one or | 487 |
more
objecting persons but no
objecting
person has sustained the | 488 |
burden of proof specified in
this
division, the judge may enter | 489 |
an order directing the receiver
to
offer the building and the | 490 |
property, land, or subsidized housing for sale upon terms and | 491 |
conditions that the judge shall specify. | 492 |
(b) In any sale of subsidized housing that is ordered | 493 |
pursuant to this section, the judge shall specify that the | 494 |
subsidized housing not be conveyed unless that conveyance complies | 495 |
with applicable federal law and applicable program contracts for | 496 |
that housing. Any such conveyance shall be subject to the | 497 |
condition that the purchaser enter into a contract with the | 498 |
department of housing and urban development or the rural housing | 499 |
service of the federal department of agriculture under which the | 500 |
property continues to be subsidized housing and the owner | 501 |
continues to operate that property as subsidized housing unless | 502 |
the secretary of housing and urban development or the | 503 |
administrator of the rural housing service terminates that | 504 |
property's contract prior to or upon the conveyance of the | 505 |
property. | 506 |
(3) If a sale of a building and the
property, on which it
is | 507 |
located, land,
or subsidized housing is ordered pursuant to | 508 |
divisions
(I)(1)
and (2) of
this
section and if the sale occurs | 509 |
in
accordance
with the terms
and
conditions specified by the | 510 |
judge
in the
judge's order
of
sale,
then the receiver shall | 511 |
distribute the
proceeds of the sale
and
the
balance of any | 512 |
funds
that the
receiver may possess, after
the
payment of the | 513 |
costs of
the
sale, in the following order of
priority and in the | 514 |
described
manner: | 515 |
(c) Third, all expenditures of a mortgagee, lienholder, or | 523 |
other interested party that has been selected pursuant to
division | 524 |
(C)(2)(1) of this section to undertake the work and to
furnish the | 525 |
materials necessary to abate a public nuisance,
provided that the | 526 |
expenditures were approved as described in
division (H)(2)(a) of | 527 |
this section and provided that, if any such
interested party | 528 |
subsequently became the receiver, its
expenditures shall be paid | 529 |
prior to the expenditures of any of
the other interested parties | 530 |
so selected; | 531 |
(d) Fourth, the amount due for delinquent taxes,
assessments, | 532 |
charges, penalties, and interest owed to this state
or a political | 533 |
subdivision of this state, provided that, if the
amount available | 534 |
for distribution pursuant to division (I)(3)(d)
of this section is | 535 |
insufficient to pay the entire amount of those
taxes, assessments, | 536 |
charges, penalties, and interest, the
proceeds and remaining funds | 537 |
shall be paid to each claimant in
proportion to the amount of | 538 |
those taxes, assessments, charges,
penalties, and interest that | 539 |
each is due. | 540 |
(4) Following a distribution in accordance with division | 543 |
(I)(3) of this section, the receiver shall request the judge in | 544 |
the civil action described in division (B)(1) of this section to | 545 |
enter an order terminating the receivership. If the judge | 546 |
determines that the sale of the building and the property on
which | 547 |
it is located, land, or subsidized housing, occurred in accordance | 548 |
with the terms and
conditions
specified by the judge in the | 549 |
judge's order of
sale under
division (I)(2) of this section and | 550 |
that the receiver distributed
the proceeds of the sale and the | 551 |
balance of any funds that the
receiver possessed, after the | 552 |
payment of the costs of the sale,
in
accordance with division | 553 |
(I)(3) of this section, and if the
judge
approves any final | 554 |
accounting required of the receiver, the
judge
may terminate the | 555 |
receivership. | 556 |
(2) If a judge in a civil action described in division
(B)(1) | 569 |
of this section determines that, and enters of record a | 570 |
declaration that, a public nuisance has been abated by a
receiver, | 571 |
and if, within three days after the entry of the
declaration, all | 572 |
costs, expenses, and approved fees of the
receivership have not | 573 |
been paid in full, then, in addition to the
circumstances | 574 |
specified in division (I) of this section for the
entry of such an | 575 |
order, the judge may enter an order directing
the receiver to sell | 576 |
the building involved and the property on
which itthe building is | 577 |
located, land, or subsidized housing. Any
such order shall be | 578 |
entered,
and the
sale shall occur, only in
compliance with | 579 |
division (I) of
this
section. | 580 |
(K) The title in any building, and in the property on
which | 581 |
itthe building is located, land, or subsidized housing,
that is | 582 |
sold at a sale ordered under
division (I)
or (J)(2) of
this | 583 |
section shall be incontestable in
the purchaser
and shall be | 584 |
free and clear of all liens for
delinquent taxes,
assessments, | 585 |
charges, penalties, and interest
owed to this state
or any | 586 |
political subdivision of this state,
that could not be
satisfied | 587 |
from the proceeds of the sale and the
remaining funds in
the | 588 |
receiver's possession pursuant to the
distribution under
division | 589 |
(I)(3) of this section. Alland of all other
liens and | 590 |
encumbrances
with respect to the building and the
property shall | 591 |
survive the
sale, including, but
not limited to, land, or | 592 |
subsidized housing, except a
federal tax lien notice that was | 593 |
properly filed
in accordance with section
317.09 of the Revised | 594 |
Code prior to
the time of the sale, and the
easements and | 595 |
covenants of record
running with the property that
were created | 596 |
prior to the time of
the sale. | 597 |