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, | 77 |
absent any environmental or public health hazard that cannot be | 78 |
corrected under its current use or ownership, a property is not a | 79 |
blighted property because of any condition that is a blighting | 80 |
condition under division (A) of this section if its condition is | 81 |
consistent with conditions that are normally incident to generally | 82 |
accepted agricultural practices and the land is used for purposes | 83 |
consistent with the definition of "agriculture" in section 1.61 of | 84 |
the Revised Code, or the county auditor of the county in which the | 85 |
land is located has determined under section 5713.31 of the | 86 |
Revised Code that the land is "land devoted exclusively to | 87 |
agricultural use" as defined in section 5713.30 of the Revised | 88 |
Code. | 89 |
(2) Approval pursuant to this division shall be obtained for | 259 |
each appropriation or each project for which the agency proposes | 260 |
to appropriate property. If the project includes more than one | 261 |
property, an agency may request approval for the project only if | 262 |
that request includes a description of all affected properties in | 263 |
the project by the street address of each property or other method | 264 |
of identification by which an owner reasonably would be made aware | 265 |
that the owner's property is included in the project. If the | 266 |
agency adds properties to the project following an approval, the | 267 |
agency shall seek an additional approval for appropriation of | 268 |
those additional properties pursuant to the same procedures and | 269 |
requirements as the initial approval. Authority to approve | 270 |
appropriations may not be delegated to an agency that is not | 271 |
elected. | 272 |
Sec. 163.03. Any agency may, upon the notice prescribed in | 283 |
this section, prior to or subsequent to the filing of a petition | 284 |
pursuant to section 163.05 of the Revised Code, enter upon any | 285 |
lands, waters, and premises for the purpose of making such | 286 |
surveys, soundings, drillings, appraisals, and examinations as
are | 287 |
necessary or proper for the purpose of the agency under
sections | 288 |
163.01 to 163.22, inclusive, of the Revised Code,this chapter and | 289 |
suchthat entry shalldoes not constitute a trespass. Notice of | 290 |
sucha proposed entry shall be given to the owner or the person in | 291 |
possession by such means as are reasonably available not less
than | 292 |
forty-eight hours nor more than thirty days prior to the
date of | 293 |
suchthe proposed entry. | 294 |
Sec. 163.04. (A)(1) Any public agency that appropriates real | 303 |
property shall adopt procedures under which the public is entitled | 304 |
to provide input on a proposed appropriation. Any procedure shall | 305 |
include notice and a reasonable public comment period. For at | 306 |
least two consecutive weeks prior to any appropriation, the agency | 307 |
shall provide a weekly notice of the proposed appropriation in a | 308 |
newspaper of general circulation in the county in which the | 309 |
appropriation is proposed. If the notice is for a project that | 310 |
includes more than one property, the notice shall describe the | 311 |
project and identify each property in the project by the | 312 |
property's street address or other method reasonably designed to | 313 |
enable an owner to recognize that the owner's property is included | 314 |
in the project. Any notice shall specify the dates during which | 315 |
the agency will accept written comment and set forth the address | 316 |
to which persons may submit comment. The notice this division | 317 |
requires may be made for the appropriation of an individual | 318 |
property or for a project so long as the notice for a project | 319 |
clearly identifies each property in that project and each owner is | 320 |
given an opportunity to provide comment. If the agency adds | 321 |
additional properties to the project, the agency shall repeat the | 322 |
procedure this division describes for those additional properties. | 323 |
During the period of public comment, the agency shall accept from | 324 |
any person a written comment addressing the proposed appropriation | 325 |
and any project for which that appropriation would be made. | 326 |
(2) Any public agency that is not elected by the public also | 327 |
shall hold at least one public hearing per appropriation or | 328 |
project following the two weeks' published notice that this | 329 |
section requires. The agency's notice shall include, in addition | 330 |
to all requirements of division (A)(1) of this section, notice of | 331 |
the time, date, and location of the public hearing. A public | 332 |
hearing may be held for an individual property or for a project so | 333 |
long as the notice for a project clearly identifies each property | 334 |
in that project and each owner is given an opportunity to provide | 335 |
comment at the public hearing. If the agency adds additional | 336 |
properties to the project, the agency shall repeat the procedure | 337 |
this division describes for those additional properties. | 338 |
(3) Any agency that is a public utility as defined in section | 339 |
4905.02 of the Revised Code, an electric cooperative as defined in | 340 |
section 4928.01 of the Revised Code, or a utility owned by a | 341 |
municipal corporation satisfies the notice and hearing | 342 |
requirements of this division if the agency has a certificate | 343 |
granted by a regulatory agency for the facility or project for | 344 |
which property will be appropriated. If the public utility, | 345 |
electric cooperative, or utility owned by a municipal corporation | 346 |
does not have such a certificate, it shall provide notice to all | 347 |
affected property owners at least thirty days prior to any initial | 348 |
offer to purchase property. The notice shall inform the owner that | 349 |
all or a portion of the property is necessary for a project, | 350 |
describe the nature of that project, and describe each property to | 351 |
be acquired by street address or other reasonable method that | 352 |
would enable an owner to identify the property. | 353 |
(B) No agency shall appropriate property unless prior to | 358 |
filing a petition for appropriation the agency makes a good faith | 359 |
offer to the owner and provides the owner or the guardian, agent, | 360 |
or trustee of the owner with a copy of an appraisal, a summary | 361 |
appraisal if the agency performed only a summary appraisal, or a | 362 |
written explanation of how the agency established the value of the | 363 |
property. The agency need not provide the owner, guardian, agent, | 364 |
or trustee an appraisal, summary appraisal, or written explanation | 365 |
of value if none of the persons to be provided the information is | 366 |
known or their residence or business address cannot be ascertained | 367 |
with reasonable diligence. The tax records of the county auditor | 368 |
shall not be used to determine a property's value in an | 369 |
appropriation action, but county tax payment records shall be | 370 |
prima facie evidence of ownership for purposes of an adverse | 371 |
possession action. | 372 |
(C) Appropriations shall be made only after the agency is | 373 |
unable to
agree on a conveyance or the terms of a conveyance, for | 374 |
any reason, with theany owner, or if more than one, any owner, or | 375 |
histhe guardian or trustee, or when anyof any owner, unless no | 376 |
owner is incapablecapable of
contracting in person
or by agent | 377 |
and has no guardian or trustee, or is unknown, or is not a | 378 |
resident of this state, or histhe residence is unknown to the | 379 |
agency andor business address of any of these persons who could | 380 |
approve a conveyance cannot
with reasonable diligence be | 381 |
ascertained with reasonable diligence. | 382 |
In the event of the appropriation of less than the fee of
any | 426 |
parcel or of a fee in less than the whole of any parcel of | 427 |
property, the agency shall either make available to the owner or | 428 |
shall file in the office of the county engineer, a description of | 429 |
the nature of the improvement or use which requires the | 430 |
appropriation, including any specifications, elevations, and
grade | 431 |
changes already determined at the time of the filing of the | 432 |
petition, in sufficient detail to permit a determination of the | 433 |
nature, extent, and effect of the taking and improvement. A set
of | 434 |
highway construction plans shall be acceptable in providing
such | 435 |
description for the purposes of the preceding sentence in
the | 436 |
appropriation of land for highway purposes. | 437 |
Sec. 163.06. (A) A public agency, other than an agency | 438 |
appropriating property for the purposes described in division (B) | 439 |
of this section, which qualifiesthat is appropriating property | 440 |
due to a public exigency that requires its immediate seizure | 441 |
pursuant to Section 19 of
Article I, Ohio Constitution, may | 442 |
deposit with the court at the
time of filing the petition the | 443 |
value of such property
appropriated together with the damages, if | 444 |
any, to the residue,
as determined by the public agency, and | 445 |
thereupon take possession
of and enter upon the property | 446 |
appropriated. The right of
possession upon deposit as provided in | 447 |
this division shalldoes not
extend to structures. | 448 |
(B)(1) A public agency appropriating property for the purpose | 449 |
of making or repairing roads which shallthat will be open to the | 450 |
public,
without charge, or for the purpose of implementing rail | 451 |
service under Chapter
4981. of the Revised Code,
may deposit with | 452 |
the court at the time of filing the petition the
value of suchthe | 453 |
property appropriated together with the damages, if
any, to the | 454 |
residue, as determined by the public agency, and
stated in an | 455 |
attached declaration of intention to obtain
possession and | 456 |
thereupon, take possession of, and enter upon the
property | 457 |
appropriated, including structures situated upon the
land | 458 |
appropriated for such purpose or situated partly upon the
land | 459 |
appropriated therefor and partly upon adjoining land, so
that such | 460 |
the structures cannot be divided upon the line between suchthe | 461 |
lands without manifest injury thereto. The | 462 |
(2) A
petition for appropriation, filed by the director of | 517 |
transportation, which contains a declaration and journalization
of | 518 |
histhe director's intent to construct a state highway or | 519 |
interstate highway,
shall constitute a presumption that suchthe | 520 |
appropriation is for the
purpose of making or repairing roads | 521 |
which shall be open to the
public without charge. At a hearing on | 522 |
an issue whether a taking
sought by the director of transportation | 523 |
is for the purpose of
making or repairing roads open to the public | 524 |
without charge, a
set of construction plans made by or for the | 525 |
director and showing
the proposed use of the property in | 526 |
connection with the
construction or repair of such a road is | 527 |
presumptive evidence of
such purpose, notwithstanding that no | 528 |
money has been appropriated
for such construction or repair. | 529 |
Sec. 163.09. (A) If no answer is filed pursuant to
section | 535 |
163.08 of the Revised Code, and no approval ordered by the
court | 536 |
to a settlement of the rights of all necessary parties, the
court, | 537 |
on motion of a public agency, shall declare the value of
the | 538 |
property taken and the damages, if any, to the residue to be as | 539 |
set forth in
any document properly filed with the clerk of the | 540 |
court of common pleas by the
public agency. In all other cases, | 541 |
the court shall fix a time,
within twenty days from the last date | 542 |
that the answer could have
been filed, for the assessment of | 543 |
compensation by a jury. | 544 |
(B)(1) When an answer is filed pursuant to section 163.08 of | 545 |
the Revised Code and any of the matters relating to the right to | 546 |
make the appropriation, the inability of the parties to agree, | 547 |
whether the appropriation is for a public use, whether a property | 548 |
is located in a blighted area, or
the necessity for the | 549 |
appropriation are specifically denied in
the manner provided in | 550 |
that section, the court shall set a day,
not less than five or | 551 |
more than fifteen days from the date the
answer was filed, to hear | 552 |
those matters. Upon those matters,
when the owner has established | 553 |
a prima facie case as to any matter denied, the burden of proof | 554 |
with respect to that matter is upon the owneragency by a | 555 |
preponderance of the evidence. A resolution or ordinance
of the | 556 |
governing or controlling body, council, or board of the
agency | 557 |
declaring the necessity for the appropriation shall be
prima-facie | 558 |
evidence of that necessity in the absence of proof
showing an | 559 |
abuse of discretion by the agency in determining that
necessity. | 560 |
If,The public necessity of the taking is an issue for the court | 561 |
to determine. | 562 |
(2) The jury, in its verdict, shall assess the compensation | 629 |
for
the property appropriated and damages, if any, to the residue, | 630 |
to
be paid to the owners. When a building or other structure is on | 631 |
the property appropriated or when a building or other structure
is | 632 |
situated partly upon the land appropriated and partly upon | 633 |
adjoining land so that the structure cannot be divided upon the | 634 |
line between suchthose lands without manifest injury thereto, the | 635 |
jury, in assessing compensation to any owner of the land, shall | 636 |
assess the value thereof,of such a building as part of the | 637 |
compensation. The title
to saidthe structure shall vest in the | 638 |
agency which shall have the
right to enter upon theany adjoining | 639 |
land upon which any part of the
structure is located for the | 640 |
purpose of removing saidthe structure
therefrom, after deposit in | 641 |
accordance with the verdict. SuchThe removal shall be made within | 642 |
ninety days after taking title to
the property appropriated;, | 643 |
provided, that the court may extend
removal time upon such | 644 |
conditions as the court requires. | 645 |
Sec. 163.15. (A) As soon as the agency pays to the owner or | 685 |
party entitled thereto or
deposits with the court the amount of | 686 |
the award and the costs assessed against
the agency, itthe agency | 687 |
may take possession;, provided, that this right of possession | 688 |
shall not be construed
to limit the right of a public agency to | 689 |
enter and take possession,due to a public exigency as
provided in | 690 |
section 163.06 of the Revised Code. When the owner has accepted | 691 |
the award or all appeals have been exhausted, the agency is | 692 |
entitled
to possession the court shall enter an order to such | 693 |
effect upon the record
and, if necessary, process shall be issued | 694 |
to place the agency in possession.
Whenever | 695 |
(D) If the agency wishes to appeal, it may require the | 735 |
deposit
to
remain with the court pending final disposition of the | 736 |
case,
provided it pays interest on the final award from date of | 737 |
taking
possession to the date the money is actually paid or made | 738 |
available to the owner;, provided, the owner may withdraw the | 739 |
entire award upon posting an appropriate refund bond set by the | 740 |
court;, and provided, that where a building or other
structure
is | 741 |
taken, the court may, on application of the owner, permit
the | 742 |
owner to withdraw a reasonable portion of the award allocable
to | 743 |
the building without giving bond. | 744 |
(C) Any displaced person eligible for payments under
division | 891 |
(A) of this section who is displaced from histhe
person's place | 892 |
of
business or from histhe person's farm operation may qualify | 893 |
for
the payment
authorized by this division in lieu of the payment | 894 |
authorized by
division (A) of this section. The payment authorized | 895 |
by this
division shall consist of a fixed payment in an amount to | 896 |
be
determined according to criteria established by the head of the | 897 |
lead agencybased on the average annual net income of the business | 898 |
or farm operation for the two years prior to the displacement, | 899 |
except that such payment shall be not less than one
thousand | 900 |
dollars nor more than twenty thousand dollars. A person
whose sole | 901 |
business at the displacement dwelling is the rental of
suchthe | 902 |
property to others does not qualify for a payment under this | 903 |
division. | 904 |
(D)(1) Except as provided in section 5501.51 of the
Revised | 905 |
Code, if a program or project undertaken by a displacingan
agency | 906 |
results in the relocation of a utility facility, and the
purpose | 907 |
of the program or project was not to relocate or
reconstruct any | 908 |
utility facility;, and if the owner of the utility
facility which | 909 |
that is being relocated under suchthe program or project
has | 910 |
entered into a franchise or similar agreement with the state
or | 911 |
local government on whose property, easement, or right-of-way
such | 912 |
the facility is located with respect to the use of suchthe | 913 |
property, easement, or right-of-way;, and if the relocation of | 914 |
suchthe facility results in suchthe owner incurring an | 915 |
extraordinary
cost in connection with suchthe relocation; then, | 916 |
the displacing
agency may, in accordance with such rules as the | 917 |
head of the lead
agency may adoptadopts, provide to suchthe | 918 |
owner a relocation payment
whichthat may not exceed the amount of | 919 |
suchany extraordinary cost, less
any increase in the value of the | 920 |
new utility facility above the
value of the old utility facility, | 921 |
and less any salvage value
derived from the old utility facility. | 922 |
(b) "Utility facility" means any electric, gas, water,
steam | 933 |
power, or materials transmission or distribution system;
any | 934 |
transportation system; any communications system, including
cable | 935 |
television; and any fixture, equipment, or other property | 936 |
associated with the operation, maintenance, or repair of any such | 937 |
system; which is located on property owned by a state or local | 938 |
government or over which a state or local government has an | 939 |
easement or right-of-way. A utility facility may be publicly, | 940 |
privately, or cooperatively owned. | 941 |
(B) The additional payment authorized by this section
shall | 967 |
this section authorizes may be made only to a displaced person who | 968 |
purchases and
occupies a replacement dwelling whichthat is | 969 |
decent, safe, and
sanitary not later than the end of the one-year | 970 |
period beginning
on the date on which hethe person receives from | 971 |
the
displacing agency final
payment of all costs of the acquired | 972 |
dwelling, or on the date on
which the displacing agency's | 973 |
obligation under division (B)(3) of
section 163.56 of the Revised | 974 |
Code is met, whichever is later,
except that the displacing agency | 975 |
may extend the period for good
cause. If the period is extended, | 976 |
the payment under this section
shall be based on the costs of | 977 |
relocating the person to a
comparable replacement dwelling within | 978 |
one year after the
displaced person receives from the displacing | 979 |
agency final
payment of all costs of the acquired dwelling. | 980 |
Sec. 163.55. (A) In addition to amounts this chapter | 981 |
otherwise
authorized by sections 163.51 to 163.62 of the Revised | 982 |
Codeauthorizes, the
head of a displacingan agency shall make a | 983 |
rent supplement payment to or for any
displaced person displaced | 984 |
from any dwelling not eligible to
receive a payment under section | 985 |
163.54 of the Revised Code whichif the
dwelling was actually and | 986 |
lawfully occupied by suchthe displaced
person for not less than | 987 |
ninety days prior to the initiation of
negotiations for | 988 |
acquisition of suchthe dwelling, or in any case in
which | 989 |
displacement is not a direct result of acquisition, not
less than | 990 |
ninety days prior to such other event as the head of
the lead | 991 |
agency shall prescribeprescribes. The payment shall consist of | 992 |
the amount necessary to enable the displaced person to lease or | 993 |
rent for a period not to exceed forty-two months, a comparable | 994 |
replacement dwelling, but not to exceed five thousand two hundred | 995 |
fifty dollars. At the discretion of the head of the displacing | 996 |
agency, a payment under this division may be made in periodic | 997 |
installments. Computation of a payment under this division to a | 998 |
low-income displaced person shall take into account the person's | 999 |
income. | 1000 |
(B) Any person eligible for a payment under division (A)
of | 1001 |
this section may elect to apply the payment to a down payment
on, | 1002 |
and other incidental expenses pursuant to, the purchase of a | 1003 |
decent, safe, and sanitary replacement dwelling. The person may, | 1004 |
under criteria established by the head of the displacing agency, | 1005 |
beis eligible under this division for the maximum payment allowed | 1006 |
greater of five thousand two hundred fifty dollars or the amount | 1007 |
the person would have received
under division (A) of this section, | 1008 |
except that, in the case of a
displaced home owner who has owned | 1009 |
and occupied the displacement
dwelling for at least ninety days | 1010 |
but not more than one hundred
eighty days immediately prior to the | 1011 |
initiation of negotiations
for the acquisition of suchthe | 1012 |
dwelling, the payment shall not
exceed the payment the person | 1013 |
would otherwise have received under
section 163.54 of the Revised | 1014 |
Code had the person owned and
occupied the displacement dwelling | 1015 |
one hundred eighty days
immediately prior to the initiation of the | 1016 |
negotiations. | 1017 |
Sec. 163.57. (A) If a project cannot proceed to actual | 1064 |
construction because comparable replacement sale or rental
housing | 1065 |
is not available, and the head of the displacing agency
determines | 1066 |
that suchcomparable housing cannot otherwise be made available, | 1067 |
hethe head may take suchany action as is
necessary or | 1068 |
appropriate to provide
suchthat housing by use of funds | 1069 |
authorized for suchthe project. The
head of the displacing agency | 1070 |
may use this section to exceed the
maximum amounts whichthat may | 1071 |
be paid under sections 163.54 and
163.55 of the Revised Code on a | 1072 |
case-by-case basis for good cause
as determined in accordance with | 1073 |
rules adoptedthe head adopts under Chapter 119.
of the Revised | 1074 |
Code by the head of the lead agency. | 1075 |
(D) In order to prevent unnecessary expenses and
duplications | 1086 |
of functions, and to promote uniform and effective
administration | 1087 |
of relocation assistance programs for displaced
persons under | 1088 |
sections 163.51163.52 to 163.62 of the Revised Code, a
displacing | 1089 |
agency may enter into contracts with any individual,
firm, | 1090 |
association, or corporation for services in connection with
such | 1091 |
programs, or may carry out its functions under sections
163.51 | 1092 |
163.52 to 163.62 of the Revised Code through any federal or state | 1093 |
governmental agency or instrumentality having an established | 1094 |
organization for conducting relocation assistance programs. The | 1095 |
displacing agency shall, in carrying out the relocation
assistance | 1096 |
activities described in this section, whenever
practicable, | 1097 |
utilize the services of state or local housing
agencies, or other | 1098 |
agencies having experience in the
administration or conduct of | 1099 |
similar housing assistance
activities. | 1100 |
(C) Real property
to be acquired shall beis appraised before | 1144 |
the initiation
of negotiations, and the owner or
the owner's | 1145 |
designated
representative
shall beis given
a reasonable | 1146 |
opportunity
to
accompany the
appraiser during
the appraiser's | 1147 |
inspection of
the property,
except that the. The
head of the lead | 1148 |
agency may
prescribe a procedure
to waive the appraisal in cases | 1149 |
involving
the acquisition by sale
or donation of property with a | 1150 |
low fair
market value, in which case, the agency shall provide a | 1151 |
summary appraisal or a written statement that describes how the | 1152 |
agency determined the value of the property.
If the
appraisal | 1153 |
values the property to be
acquired
at more than
ten thousand | 1154 |
dollars,
the head of the
acquiring
agency concerned
shall make | 1155 |
every reasonable effort to
provide a
copy of
the
appraisal, | 1156 |
summary appraisal, or written statement of value to the owner | 1157 |
pursuant to section 163.04 of the Revised Code. As used in this | 1158 |
section,
"appraisal"
means a written statement independently and | 1159 |
impartially prepared
by a qualified appraiser, or a written | 1160 |
statement prepared by an employee of the acquiring agency who is a | 1161 |
qualified appraiser, setting forth an opinion of defined
value
of | 1162 |
an adequately described property as of a specified date,
supported | 1163 |
by the presentation and analysis of relevant market
information. | 1164 |
(D) Before the initiation of negotiations for real
property, | 1165 |
the head of the acquiring agency concerned shall
establish an | 1166 |
amount
that the head of the acquiring agency
believes to be
just | 1167 |
compensation
for the property and
shall make a prompt offer to | 1168 |
acquire the property
for
no less than
the full amount so | 1169 |
established. In no
event shall
that
amount be less than the | 1170 |
agency's approved
appraisal of the fair
market value of
the | 1171 |
property. Any decrease
or increase in
the
fair market value of | 1172 |
real property prior to the
date of
valuation
caused by the public | 1173 |
improvement for which
the
property is
acquired, or by the | 1174 |
likelihood that the property would
be
acquired for
that | 1175 |
improvement, other than that due to
physical
deterioration within | 1176 |
the reasonable control of the owner,
will be
disregarded in | 1177 |
determining the compensation for the
property. | 1178 |
(B) For the purpose of determining the just compensation to | 1255 |
be paid for any
building, structure, or other improvement required | 1256 |
to be acquired by division
(A) of this section, suchthe building, | 1257 |
structure, or other improvement shall be
deemed to be a part of | 1258 |
the real property to be acquired notwithstanding the
right or | 1259 |
obligation of a tenant, as against the owner of any other interest | 1260 |
in
the real property, to remove suchthe building, structure, or | 1261 |
improvement at the
expiration of histhe tenant's term, and the | 1262 |
fair market value
which suchthat the building,
structure, or | 1263 |
improvement contributes to the fair
market value of the real | 1264 |
property to be acquired, or the fair market value of
suchthe | 1265 |
building, structure, or improvement for removal from the real | 1266 |
property,
whichever is the greater, shall be paid to the tenant | 1267 |
therefor. | 1268 |
(D) "Slum area" means an area within a county but outside
the | 1330 |
corporate limits of any municipality, in which area there is
a | 1331 |
predominance of buildings or improvements, whether residential
or | 1332 |
nonresidential, which by reason of dilapidation,
deterioration, | 1333 |
age or obsolescence, inadequate provision for
ventilation, light, | 1334 |
air, sanitation, or open spaces, high density
of population and | 1335 |
overcrowding, or the existence of conditions
which endanger life | 1336 |
or property, by fire and other causes, or any
combination of such | 1337 |
factors is conducive to ill health,
transmission of disease, | 1338 |
infant mortality, juvenile delinquency,
or crime, and is | 1339 |
detrimental to the public health, safety,
morals, or welfare. | 1340 |
(E) "Blighted area" means an area within a county but
outside | 1341 |
the corporate limits of any municipality, which area by
reason of | 1342 |
the presence of a substantial number of slum,
deteriorated, or | 1343 |
deteriorating structures, predominance of
defective or inadequate | 1344 |
street layout, faulty lot layout in
relation to size, adequacy, | 1345 |
accessibility, or usefulness,
insanitary or unsafe conditions, | 1346 |
deterioration of site or other
improvements, diversity of | 1347 |
ownership, tax or special assessment
delinquency exceeding the | 1348 |
fair value of the land, defective or
unusual conditions to title, | 1349 |
or the existence of conditions which
endanger life or property by | 1350 |
fire and other causes, or any
combination of such factors, | 1351 |
substantially impairs or arrests the
sound growth of a county, | 1352 |
retards the provision of housing
accommodations, or constitutes an | 1353 |
economic or social liability
and is a menace to the public health, | 1354 |
safety, morals, or welfare
in its present condition and usehas | 1355 |
the meaning defined in section 1.08 of the Revised Code. | 1356 |
(F)(E) "County renewal project" may include undertakings and | 1361 |
activities of a county in a county renewal area for the | 1362 |
elimination and for the prevention of the development or spread
of | 1363 |
slums and blight, and may involve slum clearance and
redevelopment | 1364 |
in a county renewal area, or rehabilitation or
conservation in a | 1365 |
county renewal area, or any combination or part
thereof, in | 1366 |
accordance with a county renewal plan, and such
aforesaid | 1367 |
undertakings and activities may include acquisition of
a slum area | 1368 |
or a blighted area, or portion thereof; demolition
and removal of | 1369 |
buildings and improvements; installation,
construction, or | 1370 |
reconstruction of streets, utilities, parks,
playgrounds, and | 1371 |
other improvements necessary for carrying out in
the county | 1372 |
renewal area the county renewal objectives of sections
303.26 to | 1373 |
303.56, inclusive, of the Revised Code in accordance
with the | 1374 |
county renewal plan; disposition of any property
acquired in the | 1375 |
county renewal area, including sale, initial
leasing, or retention | 1376 |
by the county itself, at its fair value for
uses in accordance | 1377 |
with the county renewal plan; carrying out
plans for a program of | 1378 |
voluntary or compulsory repair and
rehabilitation of buildings or | 1379 |
other improvements in accordance
with the county renewal plan; and | 1380 |
acquisition of any other real
property in the county renewal area | 1381 |
where necessary to eliminate
unhealthful, insanitary, or unsafe | 1382 |
conditions; lessen density,
eliminate obsolete, or other uses | 1383 |
detrimental to the public
welfare, or otherwise to remove or | 1384 |
prevent the spread of blight
or deterioration, or to provide land | 1385 |
for needed public
facilities. | 1386 |
(H)(G) "County renewal plan" means a plan, as it exists from | 1391 |
time to time, for a county renewal project, which plan shall | 1392 |
conform to the general plan for the county, except as provided in | 1393 |
section 303.36 of the Revised Code, and shall be sufficiently | 1394 |
complete to indicate such land acquisition, demolition, and | 1395 |
removal of structures, redevelopment, improvements, and | 1396 |
rehabilitation as may be proposed to be carried out in the county | 1397 |
renewal area, zoning, and planning changes, if any, land uses, | 1398 |
maximum densities, building requirements, and the plan's | 1399 |
relationship to definite local objectives respecting appropriate | 1400 |
land uses, improved traffic, public transportation, public | 1401 |
utilities, recreational and community facilities, and other
public | 1402 |
improvements. | 1403 |
Sec. 719.012. In order to rehabilitate a building or | 1428 |
structure that a municipal corporation determines to be a threat | 1429 |
to the public health, safety, or welfare; that has been declared | 1430 |
to be a public nuisance under Chapter 3707., 3709., or 3781. of | 1431 |
the Revised Code; and that either has been found to be insecure, | 1432 |
unsafe, structurally defective, unhealthful, or unsanitary under | 1433 |
sections 715.26 to 715.30 of the Revised Code or violates a | 1434 |
building code or ordinance adopted under section 731.231blighted | 1435 |
property of the
Revised Code, a municipal corporation may | 1436 |
appropriate, in the
manner provided in sections 163.01 to 163.22 | 1437 |
Chapter 163. of the Revised Code,
any such building or structure | 1438 |
and the real property of which it
is a part. The municipal | 1439 |
corporation shall rehabilitate the
building or structure or cause | 1440 |
it to be rehabilitated within two
years after the appropriation, | 1441 |
so that the building or structure
is no longer a public nuisance, | 1442 |
insecure, unsafe, structurally
defective, unhealthful, or | 1443 |
unsanitary, or a threat to the public
health, safety, or welfare, | 1444 |
or in violation of a building code or
ordinance adopted under | 1445 |
section 731.231 of the Revised Code. Any
building or structure | 1446 |
appropriated pursuant to this section which
is not rehabilitated | 1447 |
within two years shall be demolished. | 1448 |
If during the rehabilitation process the municipal | 1449 |
corporation retains title to the building or structure and the | 1450 |
real property of which it is a part, then within one hundred | 1451 |
eighty days after the rehabilitation is complete, the municipal | 1452 |
corporation shall appraise the rehabilitated building or
structure | 1453 |
and the real property of which it is a part, and shall
sell the | 1454 |
building or structure and property at public auction.
The | 1455 |
municipal corporation shall advertise the public auction in a | 1456 |
newspaper of general circulation in the municipal corporation
once | 1457 |
a week for three consecutive weeks prior to the date of
sale. The | 1458 |
municipal corporation shall sell the building or
structure and | 1459 |
real property to the highest and best bidder. No
property that a | 1460 |
municipal corporation acquires pursuant to this
section shall be | 1461 |
leased. | 1462 |
(A) "Slum area" means an area within a municipal
corporation, | 1465 |
in which area there is a predominance of buildings
or | 1466 |
improvements, whether residential or nonresidential, which by | 1467 |
reason of dilapidation, deterioration, age or obsolescence, | 1468 |
inadequate provision for ventilation, light, air, sanitation, or | 1469 |
open spaces, high density of population and overcrowding, or the | 1470 |
existence of conditions which endanger life or property, by fire | 1471 |
and other causes, or any combination of such factors, is
conducive | 1472 |
to ill health, transmission of disease, infant
mortality, juvenile | 1473 |
delinquency, or crime, and is detrimental to
public health, | 1474 |
safety, morals, or welfare. | 1475 |
(B) "Blighted area" means an area within a municipal | 1476 |
corporation, which area by reason of the presence of a
substantial | 1477 |
number of slums, deteriorated or deteriorating
structures, | 1478 |
predominance of defective or inadequate street
layout, faulty lot | 1479 |
layout in relation to size, adequacy,
accessibility, or | 1480 |
usefulness, unsanitary or unsafe conditions,
deterioration of site | 1481 |
or other improvements, diversity of
ownership, tax or special | 1482 |
assessment delinquency exceeding the
fair value of the land, | 1483 |
defective or unusual conditions to title,
or the existence of | 1484 |
conditions which endanger life or property by
fire and other | 1485 |
causes, or any combination of such factors,
substantially impairs | 1486 |
or arrests the sound growth of a municipal
corporation, retards | 1487 |
the provision of housing accommodations, or
constitutes an | 1488 |
economic or social liability and is a menace to
the public health, | 1489 |
safety, morals, or welfare in its present
condition and use. | 1490 |
(H)(F) "Urban renewal plan" means a plan, as it exists from | 1534 |
time to time, for an urban renewal project, which plan shall | 1535 |
conform to the general plan for the municipal corporation, if
any, | 1536 |
and shall be sufficiently complete to indicate such land | 1537 |
acquisition, demolition, and removal of structures,
redevelopment, | 1538 |
improvements, and rehabilitation as may be
proposed to be carried | 1539 |
out in the urban renewal area, zoning, and
planning changes, if | 1540 |
any, land uses, maximum densities, and
building requirements. | 1541 |
(I)(G) "Urban renewal project" may include undertakings and | 1542 |
activities of a municipal corporation in an urban renewal area
for | 1543 |
the elimination and for the prevention of the development or | 1544 |
spread of slums and blight, and may involve slum clearance and | 1545 |
redevelopment in an urban renewal area, or rehabilitation or | 1546 |
conservation in an urban renewal area, or any combination or part | 1547 |
thereof, in accordance with an urban renewal plan, and such | 1548 |
aforesaid undertakings and activities may include acquisition of
a | 1549 |
slum area or a blighted area, or portion thereof, demolition
and | 1550 |
removal of buildings and improvements; installation,
construction, | 1551 |
or reconstruction of streets, utilities, parks,
playgrounds, | 1552 |
public buildings and facilities, and other
improvements necessary | 1553 |
for carrying out in the urban renewal area
the urban renewal | 1554 |
objectives in accordance with the urban renewal
plan, disposition | 1555 |
of any property acquired in the urban renewal
area, including | 1556 |
sale, leasing, or retention by the municipal
corporation itself, | 1557 |
at its fair value for uses in accordance with
the urban renewal | 1558 |
plan; carrying out plans for a program of
voluntary or compulsory | 1559 |
repair and rehabilitation of buildings or
other improvements in | 1560 |
accordance with the urban renewal plan; the
acquisition, | 1561 |
construction, enlargement, improvement, or equipment
of property, | 1562 |
structures, equipment, or facilities for industry,
commerce, | 1563 |
distribution, or research from the proceeds of urban
renewal bonds | 1564 |
issued pursuant to division (C) of section 725.05
of the Revised | 1565 |
Code; and acquisition of any other real property
in the urban | 1566 |
renewal area where necessary to eliminate
unhealthful, unsanitary, | 1567 |
or unsafe conditions, lessen density,
eliminate obsolete, or other | 1568 |
uses detrimental to the public
welfare, or otherwise to remove or | 1569 |
prevent the spread of blight
or deterioration, or to provide land | 1570 |
for needed public
facilities. | 1571 |
(J)(H) "Urban renewal debt retirement fund" means a fund, | 1572 |
created pursuant to section 725.03 of the Revised Code by the | 1573 |
legislative authority of a municipal corporation when
authorizing | 1574 |
a single issue or a series of urban renewal bonds, to
be used for | 1575 |
payment of the principal of and interest and
redemption premium on | 1576 |
such urban renewal bonds, trustee's fees,
and costs and expenses | 1577 |
of providing credit facilities, put
arrangements, and interest | 1578 |
rate hedges, and for fees and expenses
of agents, and other fees, | 1579 |
costs, and expenses, in connection
with arrangements under | 1580 |
sections 9.98 to 9.983 of the Revised
Code; or when authorizing | 1581 |
the repayment of loans from the state issued
pursuant to Chapter | 1582 |
164. of the Revised Code and used for urban renewal
projects, to | 1583 |
be used to repay the principal and interest on such loans. When
so | 1584 |
authorized by the legislative authority of a municipal | 1585 |
corporation, such a
fund may be used for both purposes permitted | 1586 |
under this division. | 1587 |
Sec. 725.02. (A) The portion of the assessed valuation of | 1597 |
improvements constructed pursuant to a development agreement, and | 1598 |
the portion of the increase in the assessed valuation after the | 1599 |
commencement of rehabilitation of improvements rehabilitated | 1600 |
pursuant to a development agreement declared to be a public | 1601 |
purpose in the development agreement shall be exempt from real | 1602 |
property taxation by all political subdivisions and taxing | 1603 |
districts. Except as otherwise provided in division (B) of this | 1604 |
section, the portion of the assessed valuation of improvements | 1605 |
declared to be a public purpose and exempted from taxation shall | 1606 |
not exceed seventy-five per cent of the assessed valuation of the | 1607 |
improvements for each year of the exemption period. | 1608 |
(B) With the approval under this division of the board of | 1609 |
education of the city, local, or exempted village school district | 1610 |
within the territory of which the improvements are or will be | 1611 |
located, the portion of the assessed valuation of improvements | 1612 |
exempted from taxation may exceed seventy-five per cent, but
shall | 1613 |
not exceed one hundred per cent. The
legislative authority of the | 1614 |
municipal corporation shall deliver
to the board of education a | 1615 |
notice stating its intent to declare
improvements to be a public | 1616 |
purpose under the agreement. The notice
shall be delivered not | 1617 |
later than
forty-five
days prior to execution of the agreement by | 1618 |
the legislative authority,
excluding Saturdays, Sundays, and
legal | 1619 |
holidays as defined in section 1.14 of the
Revised Code. The | 1620 |
notice shall describe
the parcel and the improvements, provide an | 1621 |
estimate
of the true value in money of the improvements,
specify | 1622 |
the period for which the improvements would be exempted from | 1623 |
taxation and the percentage of the assessed valuation of the | 1624 |
improvements
that would be exempted, and indicate the date on | 1625 |
which the
legislative authority intends to execute the agreement. | 1626 |
The
board of education, by resolution adopted by a majority of the | 1627 |
board, may approve the exemption for the exemption percentage | 1628 |
specified in the notice, may disapprove the exemption for the | 1629 |
percentage of the improvements to be exempted in excess of | 1630 |
seventy-five per cent, or may approve the exemption on the | 1631 |
condition that the legislative authority and the board negotiate | 1632 |
an agreement providing for compensation to the school district | 1633 |
equal in value to a percentage of the taxes that would be payable | 1634 |
on the portion of the assessed valuation of the improvements in | 1635 |
excess of seventy-five per cent were that portion to be subject
to | 1636 |
taxation. The board of education shall certify its resolution
to | 1637 |
the legislative authority not later than fourteen days prior
to | 1638 |
the date the legislative authority intends to execute the | 1639 |
agreement as indicated in the notice. If the board of education | 1640 |
approves the exemption on the condition that a compensation | 1641 |
agreement be negotiated, the board in its resolution shall
propose | 1642 |
a compensation percentage. If the board of education and
the | 1643 |
legislative authority negotiate a mutually acceptable
compensation | 1644 |
agreement, the legislative authority may declare up
to one hundred | 1645 |
per cent of the assessed valuation of the
improvements to be a | 1646 |
public purpose and exempted from taxation.
If the board and the | 1647 |
legislative authority fail to negotiate a
mutually acceptable | 1648 |
compensation agreement, the legislative
authority may declare not | 1649 |
more than seventy-five per cent of the
assessed valuation of the | 1650 |
improvements to be a public purpose and
exempted from taxation. If | 1651 |
the board fails to certify a
resolution to the legislative | 1652 |
authority within the time
prescribed by this division, the | 1653 |
legislative authority thereupon
may declare up to one hundred per | 1654 |
cent of the assessed valuation
of the improvements to be a public | 1655 |
purpose and exempted from
taxation. The legislative
authority may | 1656 |
execute a development agreement at any time after
the board of | 1657 |
education certifies its resolution approving the
exemption to the | 1658 |
legislative authority, or, if the board
approves the exemption on | 1659 |
the condition that a mutually
acceptable compensation agreement be | 1660 |
negotiated, at any time
after the compensation agreement is agreed | 1661 |
to by the board and
the legislative authority. | 1662 |
If a board of education has adopted a resolution waiving
its | 1663 |
right to approve exemptions from taxation granted pursuant to | 1664 |
development
agreements and the resolution remains in effect, | 1665 |
approval of such exemptions
by
the board is not required under | 1666 |
this division. If a board of
education has adopted a resolution | 1667 |
allowing a legislative
authority to deliver the notice required | 1668 |
under this division
fewer than forty-five business days prior to | 1669 |
the legislative
authority's execution of the agreement, the | 1670 |
legislative
authority shall deliver the notice to the board not | 1671 |
later than
the number of days prior to such execution as | 1672 |
prescribed by the
board in its resolution. If a board of education | 1673 |
adopts a
resolution waiving its right to approve exemptions or | 1674 |
shortening
the notification period, the board shall certify a copy | 1675 |
of the
resolution to the legislative authority. If the board of | 1676 |
education rescinds such a resolution, it shall certify notice of | 1677 |
the rescission to the legislative authority. | 1678 |
(C) The exemption shall commence on the date of the
execution | 1686 |
of the development agreement therefor and extend for
the number of | 1687 |
years designated in the development agreement and
thereafter for | 1688 |
so long as there are outstanding any urban renewal
bonds payable | 1689 |
from the urban renewal service payments provided
for in the | 1690 |
development agreement. Any such exemption shall be
claimed and | 1691 |
allowed in the same or a similar manner as in the
case of other | 1692 |
real property exemptions and no such claim shall be
allowed unless | 1693 |
the municipal corporation wherein said property is
located | 1694 |
certifies that an exemption period has been specified and
that a | 1695 |
development agreement has been entered into and is in
effect. If | 1696 |
an exemption status changes during a tax year, the
procedure for | 1697 |
the apportionment of the taxes for said year shall
be the same as | 1698 |
in the case of other changes in tax exemption
status during the | 1699 |
year. | 1700 |
(A) Issue unvoted urban renewal bonds, which pledge and
are | 1716 |
payable solely from all or any portion of the revenues as
defined | 1717 |
in division (D) of section 725.01 of the Revised Code.
The | 1718 |
revenues pledged shall be placed in the urban renewal debt | 1719 |
retirement fund established for such urban renewal bonds and | 1720 |
applied to the payment of interest on, principal of and
redemption | 1721 |
premium for such urban renewal bonds, trustee's fees,
and costs | 1722 |
and expenses of providing credit facilities, put
arrangements, and | 1723 |
interest rate hedges, and for fees and expenses
of agents, and | 1724 |
other fees, costs, and expenses, in connection
with arrangements | 1725 |
under sections 9.98 to 9.983 of the Revised
Code. | 1726 |
For bonds issued pursuant to this division, the ordinance | 1731 |
provided for in section 725.06 of the Revised Code shall provide | 1732 |
for the levying of a tax on real and tangible personal property, | 1733 |
within the ten-mill limitation, sufficient in amount to pay the | 1734 |
interest on and to provide a sinking fund for all of the
principal | 1735 |
of the urban renewal bonds authorized by that ordinance
for their | 1736 |
final redemption at maturity; but the amount of the tax
to be | 1737 |
levied in any year may be reduced by the amount available
for such | 1738 |
purposes from revenues, and any available moneys in the
applicable | 1739 |
urban renewal debt retirement fund. The ordinance
providing for | 1740 |
the levy of a tax pursuant to this division shall
provide both of | 1741 |
the following: | 1742 |
A copy of such ordinance levying such tax shall be
certified | 1751 |
by the fiscal officer of the municipal corporation to
the county | 1752 |
auditor of the county in which the municipal
corporation is | 1753 |
located. The revenues pledged and the moneys
derived from the levy | 1754 |
of such tax shall be placed in the urban
renewal debt retirement | 1755 |
fund established for such urban renewal
bonds and applied to the | 1756 |
payment of interest on, principal of,
and redemption premium for | 1757 |
such urban renewal bonds, trustee's
fees, and costs and expenses | 1758 |
of providing credit facilities, put
arrangements, and interest | 1759 |
rate hedges, and for fees and expenses
of agents, and other fees, | 1760 |
costs, and expenses, in connection
with arrangements under | 1761 |
sections 9.98 to 9.983 of the Revised
Code. | 1762 |
For bonds issued pursuant to this division, the urban
renewal | 1770 |
project and the ordinance provided for in section 725.06
of the | 1771 |
Revised Code shall provide for the acquisition,
construction, | 1772 |
enlargement, improvement, or equipment of property,
structures, | 1773 |
equipment or facilities for industry, commerce,
distribution, or | 1774 |
research and for the obligating and pledging of
moneys not raised | 1775 |
by taxation as selected by the legislative
authority of the | 1776 |
municipal corporation sufficient in amount to
pay all or any | 1777 |
portion of the interest on and to provide a
sinking fund for all | 1778 |
or any portion of the principal of the urban
renewal bonds | 1779 |
authorized by the ordinance for their final
redemption at | 1780 |
maturity. The revenues pledged and the moneys so
obligated and | 1781 |
pledged shall be deposited in the urban renewal
debt retirement | 1782 |
fund established for such urban renewal bonds and
applied to the | 1783 |
payment of interest on, principal of, and
redemption premium for | 1784 |
such urban renewal bonds, trustee's fees,
and costs and expenses | 1785 |
of providing credit facilities, put
arrangements, and interest | 1786 |
rate hedges, and for fees and expenses
of agents, and other fees, | 1787 |
costs, and expenses, in connection
with arrangements under | 1788 |
sections 9.98 to 9.983 of the Revised
Code. The amount of the | 1789 |
moneys so deposited in any year may be
reduced by the amount | 1790 |
available for such purposes from revenues
as defined in division | 1791 |
(D) of section 725.01 of the Revised Code,
and any available | 1792 |
moneys in the applicable urban renewal debt
retirement fund. | 1793 |
(b) Been certified by the director of the department of | 1852 |
development that a workable program for community improvement | 1853 |
(which shall include an official plan of action for effectively | 1854 |
dealing with the problem of urban slums and blight within the | 1855 |
community and for the establishment and preservation of a | 1856 |
well-planned community with well-organized residential | 1857 |
neighborhoods of decent homes and suitable living environment for | 1858 |
adequate family life) for utilizing appropriate private and
public | 1859 |
resources to eliminate, and to prevent the development or
spread | 1860 |
of, slums and urban blight, to encourage needed urban | 1861 |
rehabilitation, to provide for the redevelopment of blighted, | 1862 |
deteriorated, or slum areas, to undertake such activities or
other | 1863 |
feasible community activities as may be suitably employed
to | 1864 |
achieve the objectives of such a program has been adopted. A | 1865 |
determination by the United States that the impacted city's | 1866 |
workable program meets the federal workable program requirements | 1867 |
shall be sufficient for the director's certification. | 1868 |
(2) Been declared a major disaster area, or part of a
major | 1869 |
disaster area, pursuant to the "Disaster Relief Act of
1970," 84 | 1870 |
Stat. 1744, 42 U.S.C.A. 4401, as now or hereafter
amended, and has | 1871 |
been extensively damaged or destroyed by a major
disaster, | 1872 |
provided that impacted city status obtained pursuant to
division | 1873 |
(C) (2) of this section lasts for only a limited period
from the | 1874 |
date of the declaration, as determined by the rules
promulgated | 1875 |
pursuant to division (G) of section 122.06 of the
Revised Code, | 1876 |
but in the event that an impacted city, while
qualified under such | 1877 |
division, enters into a financial agreement
with a community urban | 1878 |
redevelopment corporation pursuant to
section 1728.07 of the | 1879 |
Revised Code, a loss of certification
under such rules shall not | 1880 |
affect that agreement or the project
to which it relates. | 1881 |
(D) "Community development plan" means a plan, as it
exists | 1882 |
from time to time, for the redevelopment and renewal of a
blighted | 1883 |
area, which plan shall conform to the general plan for
the | 1884 |
municipality, and shall be sufficiently complete to indicate
such | 1885 |
land acquisition, demolition, and removal of structures, | 1886 |
redevelopment, improvements, and rehabilitation as may be
proposed | 1887 |
to be carried out in such blighted area, zoning, and any
planning | 1888 |
changes, land uses, maximum densities, and building
requirements. | 1889 |
(E) "Blighted area" means an area within a municipality | 1890 |
containing a majority of structures that have been extensively | 1891 |
damaged or destroyed by a major disaster, or that, by reason of | 1892 |
dilapidation, deterioration, age or obsolescence, inadequate | 1893 |
provision for ventilation, light, air, sanitation, or open
spaces, | 1894 |
unsafe and unsanitary conditions or the existence of
conditions | 1895 |
which endanger lives or properties by fire or other
hazards and | 1896 |
causes, or that, by reason of location in an area
with inadequate | 1897 |
street layout, incompatible land uses or land use
relationships, | 1898 |
overcrowding of buildings on the land, excessive
dwelling unit | 1899 |
density, or other identified hazards to health and
safety, are | 1900 |
conducive to ill health, transmission of disease,
juvenile | 1901 |
delinquency and crime and are detrimental to the public
health, | 1902 |
safety, morals and general welfare. | 1903 |
(1) As to blighted areas within all municipal
corporations, | 1905 |
the undertaking and execution of the redevelopment
of a blighted | 1906 |
area by a community urban redevelopment
corporation, in whole or | 1907 |
in part, pursuant to a community
development plan approved by the | 1908 |
governing body of the municipal
corporation in which such blighted | 1909 |
area is situated and in
accordance with an agreement for the sale | 1910 |
or lease of all or a
portion of the land concerned in such | 1911 |
redevelopment to the
corporation by a municipal corporation, or | 1912 |
agency, or authority
including the work to be done in reference | 1913 |
thereto, the
designation of the particular proposed buildings to | 1914 |
be
constructed and their uses and purposes, the landscaping of the | 1915 |
premises, the streets and access roads, recreational facilities, | 1916 |
if any, the furnishing of the public utilities, the financial | 1917 |
arrangements, and the terms and conditions of the proposed | 1918 |
municipal corporation and approval; and | 1919 |
(2) In addition as to blighted areas within impacted
cities, | 1920 |
the undertaking and activities of a community urban
redevelopment | 1921 |
corporation in a blighted area for the elimination
and for the | 1922 |
prevention of the development or spread of blight
pursuant to a | 1923 |
community development plan approved by the
governing body of the | 1924 |
impacted city and to the extent agreed to
by the governing body of | 1925 |
the impacted city in the financial
agreement provided for in | 1926 |
section 1728.07 of the Revised Code and
may involve clearance and | 1927 |
redevelopment, or rehabilitation or
conservation or any | 1928 |
combination or part thereof, in accordance
with such community | 1929 |
development plan, and such aforesaid
undertakings and activities | 1930 |
may include acquisition of a blighted
area or portion by purchase | 1931 |
or otherwise, and demolition and
removal of buildings and | 1932 |
improvements. | 1933 |
(H)(G) "Annual gross revenue" means the total annual gross | 1969 |
rental and other income of a community urban redevelopment | 1970 |
corporation from the project. If in any leasing, any real estate | 1971 |
taxes or assessments on property included in the project, any | 1972 |
premiums for fire or other insurance on or concerning property | 1973 |
included in the project, or any operating or maintenance expenses | 1974 |
ordinarily paid by a landlord are to be paid by the tenant, such | 1975 |
payments shall be computed and deemed to be part of the rent and | 1976 |
shall be included in the annual gross revenue. The financial | 1977 |
agreement provided for in section 1728.07 of the Revised Code | 1978 |
shall establish the method of computing such additional revenue, | 1979 |
and may establish a method of arbitration where either the | 1980 |
landlord or the tenant disputes the amount of such payments so | 1981 |
included in the annual gross revenue. | 1982 |
(2) Provide decent, safe, and sanitary urban or rural | 2002 |
dwellings, apartments, or other living accommodations for persons | 2003 |
of low income. Such work or undertaking may include buildings, | 2004 |
land, equipment, facilities, and other real or personal property | 2005 |
for necessary, convenient, or desirable appurtenances, streets, | 2006 |
sewers, water service, parks, site preparation, gardening, | 2007 |
administrative, community, health, recreational, educational, | 2008 |
welfare, or other purposes. | 2009 |
Section 2. That existing sections 163.01, 163.02, 163.03, | 2044 |
163.04, 163.05, 163.06, 163.08, 163.09, 163.12, 163.14, 163.15, | 2045 |
163.16, 163.17, 163.19, 163.20, 163.21, 163.22, 163.52, 163.53, | 2046 |
163.54, 163.55, 163.56, 163.57, 163.58, 163.59, 163.60, 163.61, | 2047 |
163.62, 303.26, 719.012, 725.01, 725.02, 725.05, 725.11, 1728.01, | 2048 |
3735.40, and 3735.59 and section 163.51 of the Revised Code are | 2049 |
hereby repealed. | 2050 |