Section 1. That sections 163.01, 163.02, 163.03, 163.04, | 13 |
163.05, 163.06, 163.08, 163.09, 163.12, 163.14, 163.15, 163.16, | 14 |
163.17, 163.19, 163.20, 163.21, 163.22, 163.52, 163.53, 163.54, | 15 |
163.55, 163.56, 163.57, 163.58, 163.59, 163.60, 163.61, 163.62, | 16 |
303.26, 719.012, 725.01, 725.02, 725.05, 725.11, 1728.01, 3735.40, | 17 |
and 3735.59 be amended and sections 1.08, 163.021, 163.211, and | 18 |
163.63 of the Revised Code be enacted to read as follows: | 19 |
(D) Notwithstanding any other provision of this section, | 66 |
absent any environmental or public health hazard that cannot be | 67 |
corrected under its current use or ownership, a property is not a | 68 |
blighted property because of any condition that is a blighting | 69 |
condition under division (A) of this section if its condition is | 70 |
consistent with conditions that are normally incident to generally | 71 |
accepted agricultural practices and the land is used for | 72 |
agricultural purposes as defined in section 303.01 or 519.01 of | 73 |
the Revised Code, or the county auditor of the county in which the | 74 |
land is located has determined under section 5713.31 of the | 75 |
Revised Code that the land is "land devoted exclusively to | 76 |
agricultural use" as defined in section 5713.30 of the Revised | 77 |
Code. | 78 |
Sec. 163.021. (A) No agency shall appropriate real property | 197 |
except as necessary and for a public use. In any appropriation, | 198 |
the taking agency shall show by a preponderance of the evidence | 199 |
that the taking is necessary and for a public use. "Public use" | 200 |
does not include any taking that is for conveyance to a private | 201 |
commercial enterprise, economic development, or solely for the | 202 |
purpose of increasing public revenue, unless the taking agency | 203 |
shows by a preponderance of the evidence that the area is a | 204 |
blighted area and the taking is pursuant to a redevelopment plan | 205 |
with the purpose of eliminating blight that has been adopted by | 206 |
the legislative authority where the property is located. | 207 |
Sec. 163.03. Any agency may, upon the notice prescribed in | 223 |
this section, prior to or subsequent to the filing of a petition | 224 |
pursuant to section 163.05 of the Revised Code, enter upon any | 225 |
lands, waters, and premises for the purpose of making such | 226 |
surveys, soundings, drillings, appraisals, and examinations as
are | 227 |
necessary or proper for the purpose of the agency under
sections | 228 |
163.01 to 163.22, inclusive, of the Revised Code,this chapter and | 229 |
suchthat entry shalldoes not constitute a trespass. Notice of | 230 |
sucha proposed entry shall be given to the owner or the person in | 231 |
possession by such means as are reasonably available not less
than | 232 |
forty-eight hours nor more than thirty days prior to the
date of | 233 |
suchthe proposed entry. | 234 |
(B) No agency shall make an appropriation unless the agency | 260 |
obtains an appraisal of the property and provides a copy of the | 261 |
appraisal or summary appraisal if the agency performed only a | 262 |
summary appraisal, to any owner or the guardian or trustee of any | 263 |
owner. The agency need not provide an owner with a copy of the | 264 |
appraisal when the owner is unknown, is not a resident of this | 265 |
state, or the residence cannot be ascertained with reasonable | 266 |
diligence. The agency shall provide a copy of any appraisal, or | 267 |
the summary as appropriate, to an owner, guardian, or trustee at | 268 |
or before the time the public agency makes its first offer to | 269 |
purchase the property. | 270 |
In the event of the appropriation of less than the fee of
any | 312 |
parcel or of a fee in less than the whole of any parcel of | 313 |
property, the agency shall either make available to the owner or | 314 |
shall file in the office of the county engineer, a description of | 315 |
the nature of the improvement or use which requires the | 316 |
appropriation, including any specifications, elevations, and
grade | 317 |
changes already determined at the time of the filing of the | 318 |
petition, in sufficient detail to permit a determination of the | 319 |
nature, extent, and effect of the taking and improvement. A set
of | 320 |
highway construction plans shall be acceptable in providing
such | 321 |
description for the purposes of the preceding sentence in
the | 322 |
appropriation of land for highway purposes. | 323 |
Sec. 163.06. (A) A public agency, other than an agency | 324 |
appropriating property for the purposes described in division (B) | 325 |
of this section, which qualifiesthat is appropriating property in | 326 |
time of war or other public exigency that requires its immediate | 327 |
seizure or for the purpose of making or repairing roads open to | 328 |
the public without charge pursuant to Section 19 of
Article I, | 329 |
Ohio Constitution, may deposit with the court at the
time of | 330 |
filing the petition the value of such property
appropriated | 331 |
together with the damages, if any, to the residue,
as determined | 332 |
by the public agency, and thereupon take possession
of and enter | 333 |
upon the property appropriated. The right of
possession upon | 334 |
deposit as provided in this division shalldoes not
extend to | 335 |
structures. | 336 |
(B)(1) A public agency appropriating property for the purpose | 337 |
of making or repairing roads which shallthat will be open to the | 338 |
public,
without charge, or for the purpose of implementing rail | 339 |
service under Chapter
4981. of the Revised Code,
may deposit with | 340 |
the court at the time of filing the petition the
value of suchthe | 341 |
property appropriated together with the damages, if
any, to the | 342 |
residue, as determined by the public agency, and
stated in an | 343 |
attached declaration of intention to obtain
possession and | 344 |
thereupon, take possession of, and enter upon the
property | 345 |
appropriated, including structures situated upon the
land | 346 |
appropriated for such purpose or situated partly upon the
land | 347 |
appropriated therefor and partly upon adjoining land, so
that such | 348 |
the structures cannot be divided upon the line between suchthe | 349 |
lands without manifest injury thereto. The | 350 |
Sec. 163.08. (A) Any owner may file an answer to suchthe | 385 |
petition described in section 163.05 of the Revised Code. SuchAny | 386 |
answer shall be verified as in a civil action and
shall contain a | 387 |
general denial or specific denial of each
material allegation not | 388 |
admitted. The agency's right to make the
appropriation, whether | 389 |
the appropriation is for a public use, the inability of the | 390 |
parties to agree, and the
necessity for the appropriation shall be | 391 |
resolved by the court in
favor of the agency unless such matters | 392 |
are specifically denied
in the answer and the facts relied upon in | 393 |
support of such denial
are set forth therein, provided, whenonly | 394 |
if, after the owner has established in the answer a prima facie | 395 |
case that the appropriation is not necessary or is not for a | 396 |
public use, the agency shows by a preponderance of the evidence | 397 |
that the appropriation is necessary and for a public use, and if | 398 |
the appropriation is a blighted area being taken pursuant to a | 399 |
redevelopment plan that the plan has the approval of the | 400 |
legislative authority where the property is located and the area | 401 |
is blighted. | 402 |
(2) A
petition for appropriation, filed by the director of | 409 |
transportation, which contains a declaration and journalization
of | 410 |
histhe director's intent to construct a state highway or | 411 |
interstate highway,
shall constitute a presumption that suchthe | 412 |
appropriation is for the
purpose of making or repairing roads | 413 |
which shall be open to the
public without charge. At a hearing on | 414 |
an issue whether a taking
sought by the director of transportation | 415 |
is for the purpose of
making or repairing roads open to the public | 416 |
without charge, a
set of construction plans made by or for the | 417 |
director and showing
the proposed use of the property in | 418 |
connection with the
construction or repair of such a road is | 419 |
presumptive evidence of
such purpose, notwithstanding that no | 420 |
money has been appropriated
for such construction or repair. | 421 |
Sec. 163.09. (A) If no answer is filed pursuant to
section | 427 |
163.08 of the Revised Code, and no approval ordered by the
court | 428 |
to a settlement of the rights of all necessary parties, the
court, | 429 |
on motion of a public agency, shall declare the value of
the | 430 |
property taken and the damages, if any, to the residue to be as | 431 |
set forth in
any document properly filed with the clerk of the | 432 |
court of common pleas by the
public agency. In all other cases, | 433 |
the court shall fix a time,
within twenty days from the last date | 434 |
that the answer could have
been filed, for the assessment of | 435 |
compensation by a jury. | 436 |
(B)(1) When an answer is filed pursuant to section 163.08 of | 437 |
the Revised Code and any of the matters relating to the right to | 438 |
make the appropriation, the inability of the parties to agree, | 439 |
whether the appropriation is for a public use, whether a property | 440 |
claimed to be blighted is blighted, or
the necessity for the | 441 |
appropriation are specifically denied in
the manner provided in | 442 |
that section, the court shall set a day,
not less than five or | 443 |
more than fifteen days from the date the
answer was filed, to hear | 444 |
those matters. Upon those matters,
when the owner has established | 445 |
a prima facie case as to any matter denied, the burden of proof | 446 |
with respect to that matter is upon the owneragency by a | 447 |
preponderance of the evidence. A resolution or ordinance
of the | 448 |
governing or controlling body, council, or board of the
agency | 449 |
declaring the necessity for the appropriation shall be
prima-facie | 450 |
evidence of that necessity in the absence of proof
showing an | 451 |
abuse of discretion by the agency in determining that
necessity. | 452 |
If,Only the judge may determine the necessity of the taking. | 453 |
(4) If a public
agency has taken possession prior to such an | 466 |
order and such an order,
after any appeal, that order is against | 467 |
the agency on any of the matters,
the agency shall restore the | 468 |
property to the owner in its
original condition or respond in | 469 |
damages, which may include the
items set forth in division (A)(2) | 470 |
of section 163.21 of the
Revised Code, recoverable by civil | 471 |
action, to which the state
consents. If the order of the court is | 472 |
against the agency on a final ruling of the necessity of the | 473 |
appropriation, the court shall award the owner reasonable | 474 |
attorney's fees and costs as described in division (B) of section | 475 |
163.21 of the Revised Code. | 476 |
(2) The jury, in its verdict, shall assess the compensation | 522 |
for
the property appropriated and damages, if any, to the residue, | 523 |
to
be paid to the owners. When a building or other structure is on | 524 |
the property appropriated or when a building or other structure
is | 525 |
situated partly upon the land appropriated and partly upon | 526 |
adjoining land so that the structure cannot be divided upon the | 527 |
line between suchthose lands without manifest injury thereto, the | 528 |
jury, in assessing compensation to any owner of the land, shall | 529 |
assess the value thereof,of such a building as part of the | 530 |
compensation. The title
to saidthe structure shall vest in the | 531 |
agency which shall have the
right to enter upon theany adjoining | 532 |
land upon which any part of the
structure is located for the | 533 |
purpose of removing saidthe structure
therefrom, after deposit in | 534 |
accordance with the verdict. SuchThe removal shall be made within | 535 |
ninety days after taking title to
the property appropriated;, | 536 |
provided, that the court may extend
removal time upon such | 537 |
conditions as the court requires. | 538 |
Sec. 163.15. (A) As soon as the agency pays to the owner or | 549 |
party entitled thereto or
deposits with the court the amount of | 550 |
the award and the costs assessed against
the agency, itthe agency | 551 |
may take possession;, provided, that this right of possession | 552 |
shall not be construed
to limit the right of a public agency to | 553 |
enter and take possession, as
provided in section 163.06 of the | 554 |
Revised Code. When the owner has accepted the award or all appeals | 555 |
have been exhausted, the agency is entitled
to possession the | 556 |
court shall enter an order to such effect upon the record
and, if | 557 |
necessary, process shall be issued to place the agency in | 558 |
possession.
Whenever | 559 |
(B) The agency
may offer to confess judgment for the amount | 576 |
to be stated and the court costs
then made in favor of any owner | 577 |
who in any manner enters an appearance or upon
whom service has | 578 |
been made. If suchthe owner refuses to accept such offer and as
a | 579 |
result of the trial does not receive more, hethe owner shall
pay | 580 |
all court costs
accruing after the offer. If the amount of the | 581 |
award is greater than one hundred twenty-five per cent of the | 582 |
initial amount the agency offered the owner for the property, the | 583 |
agency shall pay all court costs, including jury fees, and the | 584 |
court shall award to the owner the amounts the court considers | 585 |
just for all costs and expenses the owner incurred because of the | 586 |
proceedings, including reasonable attorney's fees, appraisal | 587 |
costs, engineering fees, witness fees, and expert witness fees. | 588 |
(D) If the agency wishes to appeal, it may require the | 607 |
deposit
to
remain with the court pending final disposition of the | 608 |
case,
provided it pays interest on the final award from date of | 609 |
taking
possession to the date the money is actually paid or made | 610 |
available to the owner;, provided, the owner may withdraw the | 611 |
entire award upon posting an appropriate refund bond set by the | 612 |
court;, and provided, that where a building or other
structure
is | 613 |
taken, the court may, on application of the owner, permit
the | 614 |
owner to withdraw a reasonable portion of the award allocable
to | 615 |
the building without giving bond. | 616 |
(C) Any displaced person eligible for payments under
division | 742 |
(A) of this section who is displaced from histhe
person's place | 743 |
of
business or from histhe person's farm operation may qualify | 744 |
for
the payment
authorized by this division in lieu of the payment | 745 |
authorized by
division (A) of this section. The payment authorized | 746 |
by this
division shall consist of a fixed payment in an amount to | 747 |
be
determined according to criteria established by the head of the | 748 |
lead agencybased on the average annual net income of the business | 749 |
or farm operation for the two years prior to the displacement, | 750 |
except that such payment shall be not less than one
thousand | 751 |
dollars nor more than twenty thousand dollars. A person
whose sole | 752 |
business at the displacement dwelling is the rental of
suchthe | 753 |
property to others does not qualify for a payment under this | 754 |
division. | 755 |
(D)(1) Except as provided in section 5501.51 of the
Revised | 756 |
Code, if a program or project undertaken by a displacingan
agency | 757 |
that is carrying out the program or project with federal | 758 |
assistance or is carrying out a state highway project results in | 759 |
the relocation of a utility facility, and the
purpose of the | 760 |
program or project was not to relocate or
reconstruct any utility | 761 |
facility;, and if the owner of the utility
facility whichthat is | 762 |
being relocated under suchthe program or project
has entered into | 763 |
a franchise or similar agreement with the state
or local | 764 |
government on whose property, easement, or right-of-way
suchthe | 765 |
facility is located with respect to the use of suchthe
property, | 766 |
easement, or right-of-way;, and if the relocation of
suchthe | 767 |
facility results in suchthe owner incurring an extraordinary
cost | 768 |
in connection with suchthe relocation; then, the displacing | 769 |
agency may, in accordance with such rules as the head of the lead | 770 |
agency may adoptadopts, provide to suchthe owner a relocation | 771 |
payment
whichthat may not exceed the amount of suchany | 772 |
extraordinary cost, less
any increase in the value of the new | 773 |
utility facility above the
value of the old utility facility, and | 774 |
less any salvage value
derived from the old utility facility. | 775 |
(b) "Utility facility" means any electric, gas, water,
steam | 786 |
power, or materials transmission or distribution system;
any | 787 |
transportation system; any communications system, including
cable | 788 |
television; and any fixture, equipment, or other property | 789 |
associated with the operation, maintenance, or repair of any such | 790 |
system; which is located on property owned by a state or local | 791 |
government or over which a state or local government has an | 792 |
easement or right-of-way. A utility facility may be publicly, | 793 |
privately, or cooperatively owned. | 794 |
(B) The additional payment authorized by this section
shall | 820 |
this section authorizes may be made only to a displaced person who | 821 |
purchases and
occupies a replacement dwelling whichthat is | 822 |
decent, safe, and
sanitary not later than the end of the one-year | 823 |
period beginning
on the date on which hethe person receives from | 824 |
the
displacing agency final
payment of all costs of the acquired | 825 |
dwelling, or on the date on
which the displacing agency's | 826 |
obligation under division (B)(3) of
section 163.56 of the Revised | 827 |
Code is met, whichever is later,
except that the displacing agency | 828 |
may extend the period for good
cause. If the period is extended, | 829 |
the payment under this section
shall be based on the costs of | 830 |
relocating the person to a
comparable replacement dwelling within | 831 |
one year after the
displaced person receives from the displacing | 832 |
agency final
payment of all costs of the acquired dwelling. | 833 |
Sec. 163.55. (A) In addition to amounts this chapter | 834 |
otherwise
authorized by sections 163.51 to 163.62 of the Revised | 835 |
Codeauthorizes, the
head of a displacing agency shall make a rent | 836 |
supplement payment to or for any
displaced person displaced from | 837 |
any dwelling not eligible to
receive a payment under section | 838 |
163.54 of the Revised Code whichif the
dwelling was actually and | 839 |
lawfully occupied by suchthe displaced
person for not less than | 840 |
ninety days prior to the initiation of
negotiations for | 841 |
acquisition of suchthe dwelling, or in any case in
which | 842 |
displacement is not a direct result of acquisition, not
less than | 843 |
ninety days prior to such other event as the head of
the lead | 844 |
agency shall prescribeprescribes. The payment shall consist of | 845 |
the amount necessary to enable the displaced person to lease or | 846 |
rent for a period not to exceed forty-two months, a comparable | 847 |
replacement dwelling, but not to exceed five thousand two hundred | 848 |
fifty dollars. At the discretion of the head of the displacing | 849 |
agency, a payment under this division may be made in periodic | 850 |
installments. Computation of a payment under this division to a | 851 |
low-income displaced person shall take into account the person's | 852 |
income. | 853 |
(B) Any person eligible for a payment under division (A)
of | 854 |
this section may elect to apply the payment to a down payment
on, | 855 |
and other incidental expenses pursuant to, the purchase of a | 856 |
decent, safe, and sanitary replacement dwelling. The person may, | 857 |
under criteria established by the head of the displacing agency, | 858 |
beis eligible under this division for the maximum payment allowed | 859 |
greater of five thousand two hundred fifty dollars or the amount | 860 |
the person would have received
under division (A) of this section, | 861 |
except that, in the case of a
displaced home owner who has owned | 862 |
and occupied the displacement
dwelling for at least ninety days | 863 |
but not more than one hundred
eighty days immediately prior to the | 864 |
initiation of negotiations
for the acquisition of suchthe | 865 |
dwelling, the payment shall not
exceed the payment the person | 866 |
would otherwise have received under
section 163.54 of the Revised | 867 |
Code had the person owned and
occupied the displacement dwelling | 868 |
one hundred eighty days
immediately prior to the initiation of the | 869 |
negotiations. | 870 |
Sec. 163.57. (A) If a project cannot proceed to actual | 917 |
construction because comparable replacement sale or rental
housing | 918 |
is not available, and the head of the displacing agency
determines | 919 |
that suchcomparable housing cannot otherwise be made available, | 920 |
hethe head may take suchany action as is
necessary or | 921 |
appropriate to provide
suchthat housing by use of funds | 922 |
authorized for suchthe project. The
head of the displacing agency | 923 |
may use this section to exceed the
maximum amounts whichthat may | 924 |
be paid under sections 163.54 and
163.55 of the Revised Code on a | 925 |
case-by-case basis for good cause
as determined in accordance with | 926 |
rules adoptedthe head adopts under Chapter 119.
of the Revised | 927 |
Code by the head of the lead agency. | 928 |
(D) In order to prevent unnecessary expenses and
duplications | 939 |
of functions, and to promote uniform and effective
administration | 940 |
of relocation assistance programs for displaced
persons under | 941 |
sections 163.51163.52 to 163.62 of the Revised Code, a
displacing | 942 |
agency may enter into contracts with any individual,
firm, | 943 |
association, or corporation for services in connection with
such | 944 |
programs, or may carry out its functions under sections
163.51 | 945 |
163.52 to 163.62 of the Revised Code through any federal or state | 946 |
governmental agency or instrumentality having an established | 947 |
organization for conducting relocation assistance programs. The | 948 |
displacing agency shall, in carrying out the relocation
assistance | 949 |
activities described in this section, whenever
practicable, | 950 |
utilize the services of state or local housing
agencies, or other | 951 |
agencies having experience in the
administration or conduct of | 952 |
similar housing assistance
activities. | 953 |
(C) Real property
to be acquired shall be appraised before | 997 |
the initiation
of negotiations, and the owner or
the owner's | 998 |
designated
representative
shall be given
a reasonable
opportunity | 999 |
to
accompany the
appraiser during
the appraiser's
inspection of | 1000 |
the property,
except that the
head of the lead
agency may | 1001 |
prescribe a procedure
to waive the appraisal in cases
involving | 1002 |
the acquisition by sale
or donation of property with a
low fair | 1003 |
market value.
If the
appraisal values the property to be
acquired | 1004 |
at more than
ten thousand dollars,
the head of the
acquiring | 1005 |
agency concerned
shall make every reasonable effort to
provide a | 1006 |
copy of
the
appraisal to the owner pursuant to section 163.04 of | 1007 |
the Revised Code. As used in this
section,
"appraisal"
means a | 1008 |
written statement independently and
impartially prepared
by a | 1009 |
qualified appraiser, or a written
statement prepared by an | 1010 |
employee of the acquiring agency who is a
qualified appraiser, | 1011 |
setting forth an opinion of defined
value
of
an adequately | 1012 |
described property as of a specified date,
supported
by the | 1013 |
presentation and analysis of relevant market
information. | 1014 |
(D) Before the initiation of negotiations for real
property, | 1015 |
the head of the acquiring agency concerned shall
establish an | 1016 |
amount
that the head of the acquiring agency
believes to be
just | 1017 |
compensation
for the property and
shall make a prompt offer to | 1018 |
acquire the property
for
no less than
the full amount so | 1019 |
established. In no
event shall
that
amount be less than the | 1020 |
agency's approved
appraisal of the fair
market value of
the | 1021 |
property. Any decrease
or increase in
the
fair market value of | 1022 |
real property prior to the
date of
valuation
caused by the public | 1023 |
improvement for which
the
property is
acquired, or by the | 1024 |
likelihood that the property would
be
acquired for
that | 1025 |
improvement, other than that due to
physical
deterioration within | 1026 |
the reasonable control of the owner,
will be
disregarded in | 1027 |
determining the compensation for the
property. | 1028 |
(B) For the purpose of determining the just compensation to | 1105 |
be paid for any
building, structure, or other improvement required | 1106 |
to be acquired by division
(A) of this section, suchthe building, | 1107 |
structure, or other improvement shall be
deemed to be a part of | 1108 |
the real property to be acquired notwithstanding the
right or | 1109 |
obligation of a tenant, as against the owner of any other interest | 1110 |
in
the real property, to remove suchthe building, structure, or | 1111 |
improvement at the
expiration of histhe tenant's term, and the | 1112 |
fair market value
which suchthat the building,
structure, or | 1113 |
improvement contributes to the fair
market value of the real | 1114 |
property to be acquired, or the fair market value of
suchthe | 1115 |
building, structure, or improvement for removal from the real | 1116 |
property,
whichever is the greater, shall be paid to the tenant | 1117 |
therefor. | 1118 |
Sec. 163.62. (A) The court having jurisdiction of a | 1144 |
proceeding instituted by a statean agency to acquire real | 1145 |
property
by condemnationpursuant to sections 163.52 to 163.62 of | 1146 |
the Revised Code shall award the owner of any right, or title to, | 1147 |
or interest in, suchthat real property such sum as will in the | 1148 |
opinion of the court reimburse such owner for his
reasonable | 1149 |
costs, disbursements, and expenses, including reasonable
attorney, | 1150 |
appraisal, and engineering fees, actually incurred
because of the | 1151 |
condemnation proceeding, if either: | 1152 |
(D) "Slum area" means an area within a county but outside
the | 1180 |
corporate limits of any municipality, in which area there is
a | 1181 |
predominance of buildings or improvements, whether residential
or | 1182 |
nonresidential, which by reason of dilapidation,
deterioration, | 1183 |
age or obsolescence, inadequate provision for
ventilation, light, | 1184 |
air, sanitation, or open spaces, high density
of population and | 1185 |
overcrowding, or the existence of conditions
which endanger life | 1186 |
or property, by fire and other causes, or any
combination of such | 1187 |
factors is conducive to ill health,
transmission of disease, | 1188 |
infant mortality, juvenile delinquency,
or crime, and is | 1189 |
detrimental to the public health, safety,
morals, or welfare. | 1190 |
(E) "Blighted area" means an area within a county but
outside | 1191 |
the corporate limits of any municipality, which area by
reason of | 1192 |
the presence of a substantial number of slum,
deteriorated, or | 1193 |
deteriorating structures, predominance of
defective or inadequate | 1194 |
street layout, faulty lot layout in
relation to size, adequacy, | 1195 |
accessibility, or usefulness,
insanitary or unsafe conditions, | 1196 |
deterioration of site or other
improvements, diversity of | 1197 |
ownership, tax or special assessment
delinquency exceeding the | 1198 |
fair value of the land, defective or
unusual conditions to title, | 1199 |
or the existence of conditions which
endanger life or property by | 1200 |
fire and other causes, or any
combination of such factors, | 1201 |
substantially impairs or arrests the
sound growth of a county, | 1202 |
retards the provision of housing
accommodations, or constitutes an | 1203 |
economic or social liability
and is a menace to the public health, | 1204 |
safety, morals, or welfare
in its present condition and usehas | 1205 |
the meaning defined in section 1.08 of the Revised Code. | 1206 |
(F)(E) "County renewal project" may include undertakings and | 1211 |
activities of a county in a county renewal area for the | 1212 |
elimination and for the prevention of the development or spread
of | 1213 |
slums and blight, and may involve slum clearance and
redevelopment | 1214 |
in a county renewal area, or rehabilitation or
conservation in a | 1215 |
county renewal area, or any combination or part
thereof, in | 1216 |
accordance with a county renewal plan, and such
aforesaid | 1217 |
undertakings and activities may include acquisition of
a slum area | 1218 |
or a blighted area, or portion thereof; demolition
and removal of | 1219 |
buildings and improvements; installation,
construction, or | 1220 |
reconstruction of streets, utilities, parks,
playgrounds, and | 1221 |
other improvements necessary for carrying out in
the county | 1222 |
renewal area the county renewal objectives of sections
303.26 to | 1223 |
303.56, inclusive, of the Revised Code in accordance
with the | 1224 |
county renewal plan; disposition of any property
acquired in the | 1225 |
county renewal area, including sale, initial
leasing, or retention | 1226 |
by the county itself, at its fair value for
uses in accordance | 1227 |
with the county renewal plan; carrying out
plans for a program of | 1228 |
voluntary or compulsory repair and
rehabilitation of buildings or | 1229 |
other improvements in accordance
with the county renewal plan; and | 1230 |
acquisition of any other real
property in the county renewal area | 1231 |
where necessary to eliminate
unhealthful, insanitary, or unsafe | 1232 |
conditions; lessen density,
eliminate obsolete, or other uses | 1233 |
detrimental to the public
welfare, or otherwise to remove or | 1234 |
prevent the spread of blight
or deterioration, or to provide land | 1235 |
for needed public
facilities. | 1236 |
(H)(G) "County renewal plan" means a plan, as it exists from | 1241 |
time to time, for a county renewal project, which plan shall | 1242 |
conform to the general plan for the county, except as provided in | 1243 |
section 303.36 of the Revised Code, and shall be sufficiently | 1244 |
complete to indicate such land acquisition, demolition, and | 1245 |
removal of structures, redevelopment, improvements, and | 1246 |
rehabilitation as may be proposed to be carried out in the county | 1247 |
renewal area, zoning, and planning changes, if any, land uses, | 1248 |
maximum densities, building requirements, and the plan's | 1249 |
relationship to definite local objectives respecting appropriate | 1250 |
land uses, improved traffic, public transportation, public | 1251 |
utilities, recreational and community facilities, and other
public | 1252 |
improvements. | 1253 |
Sec. 719.012. In order to rehabilitate a building or | 1278 |
structure that a municipal corporation determines to be a threat | 1279 |
to the public health, safety, or welfare; that has been declared | 1280 |
to be a public nuisance under Chapter 3707., 3709., or 3781. of | 1281 |
the Revised Code; and that either has been found to be insecure, | 1282 |
unsafe, structurally defective, unhealthful, or unsanitary under | 1283 |
sections 715.26 to 715.30 of the Revised Code or violates a | 1284 |
building code or ordinance adopted under section 731.231blighted | 1285 |
property of the
Revised Code, a municipal corporation may | 1286 |
appropriate, in the
manner provided in sections 163.01 to 163.22 | 1287 |
Chapter 163. of the Revised Code,
any such building or structure | 1288 |
and the real property of which it
is a part. The municipal | 1289 |
corporation shall rehabilitate the
building or structure or cause | 1290 |
it to be rehabilitated within two
years after the appropriation, | 1291 |
so that the building or structure
is no longer a public nuisance, | 1292 |
insecure, unsafe, structurally
defective, unhealthful, or | 1293 |
unsanitary, or a threat to the public
health, safety, or welfare, | 1294 |
or in violation of a building code or
ordinance adopted under | 1295 |
section 731.231 of the Revised Code. Any
building or structure | 1296 |
appropriated pursuant to this section which
is not rehabilitated | 1297 |
within two years shall be demolished. | 1298 |
If during the rehabilitation process the municipal | 1299 |
corporation retains title to the building or structure and the | 1300 |
real property of which it is a part, then within one hundred | 1301 |
eighty days after the rehabilitation is complete, the municipal | 1302 |
corporation shall appraise the rehabilitated building or
structure | 1303 |
and the real property of which it is a part, and shall
sell the | 1304 |
building or structure and property at public auction.
The | 1305 |
municipal corporation shall advertise the public auction in a | 1306 |
newspaper of general circulation in the municipal corporation
once | 1307 |
a week for three consecutive weeks prior to the date of
sale. The | 1308 |
municipal corporation shall sell the building or
structure and | 1309 |
real property to the highest and best bidder. No
property that a | 1310 |
municipal corporation acquires pursuant to this
section shall be | 1311 |
leased. | 1312 |
(A) "Slum area" means an area within a municipal
corporation, | 1315 |
in which area there is a predominance of buildings
or | 1316 |
improvements, whether residential or nonresidential, which by | 1317 |
reason of dilapidation, deterioration, age or obsolescence, | 1318 |
inadequate provision for ventilation, light, air, sanitation, or | 1319 |
open spaces, high density of population and overcrowding, or the | 1320 |
existence of conditions which endanger life or property, by fire | 1321 |
and other causes, or any combination of such factors, is
conducive | 1322 |
to ill health, transmission of disease, infant
mortality, juvenile | 1323 |
delinquency, or crime, and is detrimental to
public health, | 1324 |
safety, morals, or welfare. | 1325 |
(B) "Blighted area" means an area within a municipal | 1326 |
corporation, which area by reason of the presence of a
substantial | 1327 |
number of slums, deteriorated or deteriorating
structures, | 1328 |
predominance of defective or inadequate street
layout, faulty lot | 1329 |
layout in relation to size, adequacy,
accessibility, or | 1330 |
usefulness, unsanitary or unsafe conditions,
deterioration of site | 1331 |
or other improvements, diversity of
ownership, tax or special | 1332 |
assessment delinquency exceeding the
fair value of the land, | 1333 |
defective or unusual conditions to title,
or the existence of | 1334 |
conditions which endanger life or property by
fire and other | 1335 |
causes, or any combination of such factors,
substantially impairs | 1336 |
or arrests the sound growth of a municipal
corporation, retards | 1337 |
the provision of housing accommodations, or
constitutes an | 1338 |
economic or social liability and is a menace to
the public health, | 1339 |
safety, morals, or welfare in its present
condition and use. | 1340 |
(H)(F) "Urban renewal plan" means a plan, as it exists from | 1384 |
time to time, for an urban renewal project, which plan shall | 1385 |
conform to the general plan for the municipal corporation, if
any, | 1386 |
and shall be sufficiently complete to indicate such land | 1387 |
acquisition, demolition, and removal of structures,
redevelopment, | 1388 |
improvements, and rehabilitation as may be
proposed to be carried | 1389 |
out in the urban renewal area, zoning, and
planning changes, if | 1390 |
any, land uses, maximum densities, and
building requirements. | 1391 |
(I)(G) "Urban renewal project" may include undertakings and | 1392 |
activities of a municipal corporation in an urban renewal area
for | 1393 |
the elimination and for the prevention of the development or | 1394 |
spread of slums and blight, and may involve slum clearance and | 1395 |
redevelopment in an urban renewal area, or rehabilitation or | 1396 |
conservation in an urban renewal area, or any combination or part | 1397 |
thereof, in accordance with an urban renewal plan, and such | 1398 |
aforesaid undertakings and activities may include acquisition of
a | 1399 |
slum area or a blighted area, or portion thereof, demolition
and | 1400 |
removal of buildings and improvements; installation,
construction, | 1401 |
or reconstruction of streets, utilities, parks,
playgrounds, | 1402 |
public buildings and facilities, and other
improvements necessary | 1403 |
for carrying out in the urban renewal area
the urban renewal | 1404 |
objectives in accordance with the urban renewal
plan, disposition | 1405 |
of any property acquired in the urban renewal
area, including | 1406 |
sale, leasing, or retention by the municipal
corporation itself, | 1407 |
at its fair value for uses in accordance with
the urban renewal | 1408 |
plan; carrying out plans for a program of
voluntary or compulsory | 1409 |
repair and rehabilitation of buildings or
other improvements in | 1410 |
accordance with the urban renewal plan; the
acquisition, | 1411 |
construction, enlargement, improvement, or equipment
of property, | 1412 |
structures, equipment, or facilities for industry,
commerce, | 1413 |
distribution, or research from the proceeds of urban
renewal bonds | 1414 |
issued pursuant to division (C) of section 725.05
of the Revised | 1415 |
Code; and acquisition of any other real property
in the urban | 1416 |
renewal area where necessary to eliminate
unhealthful, unsanitary, | 1417 |
or unsafe conditions, lessen density,
eliminate obsolete, or other | 1418 |
uses detrimental to the public
welfare, or otherwise to remove or | 1419 |
prevent the spread of blight
or deterioration, or to provide land | 1420 |
for needed public
facilities. | 1421 |
(J)(H) "Urban renewal debt retirement fund" means a fund, | 1422 |
created pursuant to section 725.03 of the Revised Code by the | 1423 |
legislative authority of a municipal corporation when
authorizing | 1424 |
a single issue or a series of urban renewal bonds, to
be used for | 1425 |
payment of the principal of and interest and
redemption premium on | 1426 |
such urban renewal bonds, trustee's fees,
and costs and expenses | 1427 |
of providing credit facilities, put
arrangements, and interest | 1428 |
rate hedges, and for fees and expenses
of agents, and other fees, | 1429 |
costs, and expenses, in connection
with arrangements under | 1430 |
sections 9.98 to 9.983 of the Revised
Code; or when authorizing | 1431 |
the repayment of loans from the state issued
pursuant to Chapter | 1432 |
164. of the Revised Code and used for urban renewal
projects, to | 1433 |
be used to repay the principal and interest on such loans. When
so | 1434 |
authorized by the legislative authority of a municipal | 1435 |
corporation, such a
fund may be used for both purposes permitted | 1436 |
under this division. | 1437 |
Sec. 725.02. (A) The portion of the assessed valuation of | 1447 |
improvements constructed pursuant to a development agreement, and | 1448 |
the portion of the increase in the assessed valuation after the | 1449 |
commencement of rehabilitation of improvements rehabilitated | 1450 |
pursuant to a development agreement declared to be a public | 1451 |
purpose in the development agreement shall be exempt from real | 1452 |
property taxation by all political subdivisions and taxing | 1453 |
districts. Except as otherwise provided in division (B) of this | 1454 |
section, the portion of the assessed valuation of improvements | 1455 |
declared to be a public purpose and exempted from taxation shall | 1456 |
not exceed seventy-five per cent of the assessed valuation of the | 1457 |
improvements for each year of the exemption period. | 1458 |
(B) With the approval under this division of the board of | 1459 |
education of the city, local, or exempted village school district | 1460 |
within the territory of which the improvements are or will be | 1461 |
located, the portion of the assessed valuation of improvements | 1462 |
exempted from taxation may exceed seventy-five per cent, but
shall | 1463 |
not exceed one hundred per cent. The
legislative authority of the | 1464 |
municipal corporation shall deliver
to the board of education a | 1465 |
notice stating its intent to declare
improvements to be a public | 1466 |
purpose under the agreement. The notice
shall be delivered not | 1467 |
later than
forty-five
days prior to execution of the agreement by | 1468 |
the legislative authority,
excluding Saturdays, Sundays, and
legal | 1469 |
holidays as defined in section 1.14 of the
Revised Code. The | 1470 |
notice shall describe
the parcel and the improvements, provide an | 1471 |
estimate
of the true value in money of the improvements,
specify | 1472 |
the period for which the improvements would be exempted from | 1473 |
taxation and the percentage of the assessed valuation of the | 1474 |
improvements
that would be exempted, and indicate the date on | 1475 |
which the
legislative authority intends to execute the agreement. | 1476 |
The
board of education, by resolution adopted by a majority of the | 1477 |
board, may approve the exemption for the exemption percentage | 1478 |
specified in the notice, may disapprove the exemption for the | 1479 |
percentage of the improvements to be exempted in excess of | 1480 |
seventy-five per cent, or may approve the exemption on the | 1481 |
condition that the legislative authority and the board negotiate | 1482 |
an agreement providing for compensation to the school district | 1483 |
equal in value to a percentage of the taxes that would be payable | 1484 |
on the portion of the assessed valuation of the improvements in | 1485 |
excess of seventy-five per cent were that portion to be subject
to | 1486 |
taxation. The board of education shall certify its resolution
to | 1487 |
the legislative authority not later than fourteen days prior
to | 1488 |
the date the legislative authority intends to execute the | 1489 |
agreement as indicated in the notice. If the board of education | 1490 |
approves the exemption on the condition that a compensation | 1491 |
agreement be negotiated, the board in its resolution shall
propose | 1492 |
a compensation percentage. If the board of education and
the | 1493 |
legislative authority negotiate a mutually acceptable
compensation | 1494 |
agreement, the legislative authority may declare up
to one hundred | 1495 |
per cent of the assessed valuation of the
improvements to be a | 1496 |
public purpose and exempted from taxation.
If the board and the | 1497 |
legislative authority fail to negotiate a
mutually acceptable | 1498 |
compensation agreement, the legislative
authority may declare not | 1499 |
more than seventy-five per cent of the
assessed valuation of the | 1500 |
improvements to be a public purpose and
exempted from taxation. If | 1501 |
the board fails to certify a
resolution to the legislative | 1502 |
authority within the time
prescribed by this division, the | 1503 |
legislative authority thereupon
may declare up to one hundred per | 1504 |
cent of the assessed valuation
of the improvements to be a public | 1505 |
purpose and exempted from
taxation. The legislative
authority may | 1506 |
execute a development agreement at any time after
the board of | 1507 |
education certifies its resolution approving the
exemption to the | 1508 |
legislative authority, or, if the board
approves the exemption on | 1509 |
the condition that a mutually
acceptable compensation agreement be | 1510 |
negotiated, at any time
after the compensation agreement is agreed | 1511 |
to by the board and
the legislative authority. | 1512 |
If a board of education has adopted a resolution waiving
its | 1513 |
right to approve exemptions from taxation granted pursuant to | 1514 |
development
agreements and the resolution remains in effect, | 1515 |
approval of such exemptions
by
the board is not required under | 1516 |
this division. If a board of
education has adopted a resolution | 1517 |
allowing a legislative
authority to deliver the notice required | 1518 |
under this division
fewer than forty-five business days prior to | 1519 |
the legislative
authority's execution of the agreement, the | 1520 |
legislative
authority shall deliver the notice to the board not | 1521 |
later than
the number of days prior to such execution as | 1522 |
prescribed by the
board in its resolution. If a board of education | 1523 |
adopts a
resolution waiving its right to approve exemptions or | 1524 |
shortening
the notification period, the board shall certify a copy | 1525 |
of the
resolution to the legislative authority. If the board of | 1526 |
education rescinds such a resolution, it shall certify notice of | 1527 |
the rescission to the legislative authority. | 1528 |
(C) The exemption shall commence on the date of the
execution | 1536 |
of the development agreement therefor and extend for
the number of | 1537 |
years designated in the development agreement and
thereafter for | 1538 |
so long as there are outstanding any urban renewal
bonds payable | 1539 |
from the urban renewal service payments provided
for in the | 1540 |
development agreement. Any such exemption shall be
claimed and | 1541 |
allowed in the same or a similar manner as in the
case of other | 1542 |
real property exemptions and no such claim shall be
allowed unless | 1543 |
the municipal corporation wherein said property is
located | 1544 |
certifies that an exemption period has been specified and
that a | 1545 |
development agreement has been entered into and is in
effect. If | 1546 |
an exemption status changes during a tax year, the
procedure for | 1547 |
the apportionment of the taxes for said year shall
be the same as | 1548 |
in the case of other changes in tax exemption
status during the | 1549 |
year. | 1550 |
(A) Issue unvoted urban renewal bonds, which pledge and
are | 1566 |
payable solely from all or any portion of the revenues as
defined | 1567 |
in division (D) of section 725.01 of the Revised Code.
The | 1568 |
revenues pledged shall be placed in the urban renewal debt | 1569 |
retirement fund established for such urban renewal bonds and | 1570 |
applied to the payment of interest on, principal of and
redemption | 1571 |
premium for such urban renewal bonds, trustee's fees,
and costs | 1572 |
and expenses of providing credit facilities, put
arrangements, and | 1573 |
interest rate hedges, and for fees and expenses
of agents, and | 1574 |
other fees, costs, and expenses, in connection
with arrangements | 1575 |
under sections 9.98 to 9.983 of the Revised
Code. | 1576 |
For bonds issued pursuant to this division, the ordinance | 1581 |
provided for in section 725.06 of the Revised Code shall provide | 1582 |
for the levying of a tax on real and tangible personal property, | 1583 |
within the ten-mill limitation, sufficient in amount to pay the | 1584 |
interest on and to provide a sinking fund for all of the
principal | 1585 |
of the urban renewal bonds authorized by that ordinance
for their | 1586 |
final redemption at maturity; but the amount of the tax
to be | 1587 |
levied in any year may be reduced by the amount available
for such | 1588 |
purposes from revenues, and any available moneys in the
applicable | 1589 |
urban renewal debt retirement fund. The ordinance
providing for | 1590 |
the levy of a tax pursuant to this division shall
provide both of | 1591 |
the following: | 1592 |
A copy of such ordinance levying such tax shall be
certified | 1601 |
by the fiscal officer of the municipal corporation to
the county | 1602 |
auditor of the county in which the municipal
corporation is | 1603 |
located. The revenues pledged and the moneys
derived from the levy | 1604 |
of such tax shall be placed in the urban
renewal debt retirement | 1605 |
fund established for such urban renewal
bonds and applied to the | 1606 |
payment of interest on, principal of,
and redemption premium for | 1607 |
such urban renewal bonds, trustee's
fees, and costs and expenses | 1608 |
of providing credit facilities, put
arrangements, and interest | 1609 |
rate hedges, and for fees and expenses
of agents, and other fees, | 1610 |
costs, and expenses, in connection
with arrangements under | 1611 |
sections 9.98 to 9.983 of the Revised
Code. | 1612 |
For bonds issued pursuant to this division, the urban
renewal | 1620 |
project and the ordinance provided for in section 725.06
of the | 1621 |
Revised Code shall provide for the acquisition,
construction, | 1622 |
enlargement, improvement, or equipment of property,
structures, | 1623 |
equipment or facilities for industry, commerce,
distribution, or | 1624 |
research and for the obligating and pledging of
moneys not raised | 1625 |
by taxation as selected by the legislative
authority of the | 1626 |
municipal corporation sufficient in amount to
pay all or any | 1627 |
portion of the interest on and to provide a
sinking fund for all | 1628 |
or any portion of the principal of the urban
renewal bonds | 1629 |
authorized by the ordinance for their final
redemption at | 1630 |
maturity. The revenues pledged and the moneys so
obligated and | 1631 |
pledged shall be deposited in the urban renewal
debt retirement | 1632 |
fund established for such urban renewal bonds and
applied to the | 1633 |
payment of interest on, principal of, and
redemption premium for | 1634 |
such urban renewal bonds, trustee's fees,
and costs and expenses | 1635 |
of providing credit facilities, put
arrangements, and interest | 1636 |
rate hedges, and for fees and expenses
of agents, and other fees, | 1637 |
costs, and expenses, in connection
with arrangements under | 1638 |
sections 9.98 to 9.983 of the Revised
Code. The amount of the | 1639 |
moneys so deposited in any year may be
reduced by the amount | 1640 |
available for such purposes from revenues
as defined in division | 1641 |
(D) of section 725.01 of the Revised Code,
and any available | 1642 |
moneys in the applicable urban renewal debt
retirement fund. | 1643 |
(b) Been certified by the director of the department of | 1702 |
development that a workable program for community improvement | 1703 |
(which shall include an official plan of action for effectively | 1704 |
dealing with the problem of urban slums and blight within the | 1705 |
community and for the establishment and preservation of a | 1706 |
well-planned community with well-organized residential | 1707 |
neighborhoods of decent homes and suitable living environment for | 1708 |
adequate family life) for utilizing appropriate private and
public | 1709 |
resources to eliminate, and to prevent the development or
spread | 1710 |
of, slums and urban blight, to encourage needed urban | 1711 |
rehabilitation, to provide for the redevelopment of blighted, | 1712 |
deteriorated, or slum areas, to undertake such activities or
other | 1713 |
feasible community activities as may be suitably employed
to | 1714 |
achieve the objectives of such a program has been adopted. A | 1715 |
determination by the United States that the impacted city's | 1716 |
workable program meets the federal workable program requirements | 1717 |
shall be sufficient for the director's certification. | 1718 |
(2) Been declared a major disaster area, or part of a
major | 1719 |
disaster area, pursuant to the "Disaster Relief Act of
1970," 84 | 1720 |
Stat. 1744, 42 U.S.C.A. 4401, as now or hereafter
amended, and has | 1721 |
been extensively damaged or destroyed by a major
disaster, | 1722 |
provided that impacted city status obtained pursuant to
division | 1723 |
(C) (2) of this section lasts for only a limited period
from the | 1724 |
date of the declaration, as determined by the rules
promulgated | 1725 |
pursuant to division (G) of section 122.06 of the
Revised Code, | 1726 |
but in the event that an impacted city, while
qualified under such | 1727 |
division, enters into a financial agreement
with a community urban | 1728 |
redevelopment corporation pursuant to
section 1728.07 of the | 1729 |
Revised Code, a loss of certification
under such rules shall not | 1730 |
affect that agreement or the project
to which it relates. | 1731 |
(D) "Community development plan" means a plan, as it
exists | 1732 |
from time to time, for the redevelopment and renewal of a
blighted | 1733 |
area, which plan shall conform to the general plan for
the | 1734 |
municipality, and shall be sufficiently complete to indicate
such | 1735 |
land acquisition, demolition, and removal of structures, | 1736 |
redevelopment, improvements, and rehabilitation as may be
proposed | 1737 |
to be carried out in such blighted area, zoning, and any
planning | 1738 |
changes, land uses, maximum densities, and building
requirements. | 1739 |
(E) "Blighted area" means an area within a municipality | 1740 |
containing a majority of structures that have been extensively | 1741 |
damaged or destroyed by a major disaster, or that, by reason of | 1742 |
dilapidation, deterioration, age or obsolescence, inadequate | 1743 |
provision for ventilation, light, air, sanitation, or open
spaces, | 1744 |
unsafe and unsanitary conditions or the existence of
conditions | 1745 |
which endanger lives or properties by fire or other
hazards and | 1746 |
causes, or that, by reason of location in an area
with inadequate | 1747 |
street layout, incompatible land uses or land use
relationships, | 1748 |
overcrowding of buildings on the land, excessive
dwelling unit | 1749 |
density, or other identified hazards to health and
safety, are | 1750 |
conducive to ill health, transmission of disease,
juvenile | 1751 |
delinquency and crime and are detrimental to the public
health, | 1752 |
safety, morals and general welfare. | 1753 |
(1) As to blighted areas within all municipal
corporations, | 1755 |
the undertaking and execution of the redevelopment
of a blighted | 1756 |
area by a community urban redevelopment
corporation, in whole or | 1757 |
in part, pursuant to a community
development plan approved by the | 1758 |
governing body of the municipal
corporation in which such blighted | 1759 |
area is situated and in
accordance with an agreement for the sale | 1760 |
or lease of all or a
portion of the land concerned in such | 1761 |
redevelopment to the
corporation by a municipal corporation, or | 1762 |
agency, or authority
including the work to be done in reference | 1763 |
thereto, the
designation of the particular proposed buildings to | 1764 |
be
constructed and their uses and purposes, the landscaping of the | 1765 |
premises, the streets and access roads, recreational facilities, | 1766 |
if any, the furnishing of the public utilities, the financial | 1767 |
arrangements, and the terms and conditions of the proposed | 1768 |
municipal corporation and approval; and | 1769 |
(2) In addition as to blighted areas within impacted
cities, | 1770 |
the undertaking and activities of a community urban
redevelopment | 1771 |
corporation in a blighted area for the elimination
and for the | 1772 |
prevention of the development or spread of blight
pursuant to a | 1773 |
community development plan approved by the
governing body of the | 1774 |
impacted city and to the extent agreed to
by the governing body of | 1775 |
the impacted city in the financial
agreement provided for in | 1776 |
section 1728.07 of the Revised Code and
may involve clearance and | 1777 |
redevelopment, or rehabilitation or
conservation or any | 1778 |
combination or part thereof, in accordance
with such community | 1779 |
development plan, and such aforesaid
undertakings and activities | 1780 |
may include acquisition of a blighted
area or portion by purchase | 1781 |
or otherwise, and demolition and
removal of buildings and | 1782 |
improvements. | 1783 |
(H)(G) "Annual gross revenue" means the total annual gross | 1819 |
rental and other income of a community urban redevelopment | 1820 |
corporation from the project. If in any leasing, any real estate | 1821 |
taxes or assessments on property included in the project, any | 1822 |
premiums for fire or other insurance on or concerning property | 1823 |
included in the project, or any operating or maintenance expenses | 1824 |
ordinarily paid by a landlord are to be paid by the tenant, such | 1825 |
payments shall be computed and deemed to be part of the rent and | 1826 |
shall be included in the annual gross revenue. The financial | 1827 |
agreement provided for in section 1728.07 of the Revised Code | 1828 |
shall establish the method of computing such additional revenue, | 1829 |
and may establish a method of arbitration where either the | 1830 |
landlord or the tenant disputes the amount of such payments so | 1831 |
included in the annual gross revenue. | 1832 |
(2) Provide decent, safe, and sanitary urban or rural | 1852 |
dwellings, apartments, or other living accommodations for persons | 1853 |
of low income. Such work or undertaking may include buildings, | 1854 |
land, equipment, facilities, and other real or personal property | 1855 |
for necessary, convenient, or desirable appurtenances, streets, | 1856 |
sewers, water service, parks, site preparation, gardening, | 1857 |
administrative, community, health, recreational, educational, | 1858 |
welfare, or other purposes. | 1859 |
Section 2. That existing sections 163.01, 163.02, 163.03, | 1894 |
163.04, 163.05, 163.06, 163.08, 163.09, 163.12, 163.14, 163.15, | 1895 |
163.16, 163.17, 163.19, 163.20, 163.21, 163.22, 163.52, 163.53, | 1896 |
163.54, 163.55, 163.56, 163.57, 163.58, 163.59, 163.60, 163.61, | 1897 |
163.62, 303.26, 719.012, 725.01, 725.02, 725.05, 725.11, 1728.01, | 1898 |
3735.40, and 3735.59 and section 163.51 of the Revised Code are | 1899 |
hereby repealed. | 1900 |