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To amend sections 1901.18, 1909.11, 1923.01, 1923.02, | 1 |
1923.061, 1923.15, 2305.01, 3701.83, 3709.085, | 2 |
3709.09, 3709.092, 3729.01, 3733.02, 3733.021, | 3 |
3733.022, 3733.024, 3733.025, 3733.03, 3733.04, | 4 |
3733.05, 3733.06, 3733.08, 3733.09, 3733.091, | 5 |
3733.10, 3733.101, 3733.11, 3733.12, 3733.121, | 6 |
3733.122, 3733.123, 3733.13, 3733.14, 3733.15, | 7 |
3733.17, 3733.18, 3733.19, 3733.20, 3733.41, | 8 |
3733.99, 3781.06, 4503.061, 4503.062, 4517.01, | 9 |
4517.04, 4517.09, 4517.10, 4517.12, 4517.13, | 10 |
4517.14, 4517.23, 4517.24, 4517.44, 4743.05, | 11 |
4781.01, 4781.02, 4781.04, 4781.07, 4781.10, | 12 |
4781.14, 4781.15, 4781.99, 4905.90, and 6111.46; | 13 |
to amend, for the purpose of adopting new section | 14 |
numbers as indicated in parentheses, sections | 15 |
3733.02 (4781.26), 3733.021 (4781.31), 3733.022 | 16 |
(4781.32), 3733.024 (4781.33), 3733.025 (4781.34), | 17 |
3733.03 (4781.27), 3733.04 (4781.28), 3733.05 | 18 |
(4781.29), 3733.06 (4781.30), 3733.08 (4781.35), | 19 |
3733.09 (4781.36), 3733.091 (4781.37), 3733.10 | 20 |
(4781.38), 3733.101 (4781.39), 3733.12 (4781.41), | 21 |
3733.121 (4781.42), 3733.122 (4781.43), 3733.123 | 22 |
(4781.44), 3733.13 (4781.45), 3733.14 (4781.46), | 23 |
3733.15 (4781.47), 3733.16 (4781.48), 3733.17 | 24 |
(4781.49), 3733.18 (4781.50), 3733.19 (4781.51), | 25 |
and 3733.20 (4781.52); to enact sections 2323.05, | 26 |
3733.111, 4781.121, 4781.54, and 4781.60; and to | 27 |
repeal sections 3733.01, 3733.031, 3733.07, and | 28 |
4517.49 of the Revised Code; and to amend Section | 29 |
745.20 of Am. Sub. H.B. 1 of the 128th General | 30 |
Assembly to transfer various responsibilities with | 31 |
respect to the licensing and inspection of | 32 |
manufactured home parks from the Department of | 33 |
Health to the Manufactured Homes Commission, to | 34 |
make other changes in the manufactured home park | 35 |
law, and to amend the motor vehicle dealer's | 36 |
licensing law; and to amend sections 3733.11 and | 37 |
4781.10 and to amend, for the purpose of adopting | 38 |
new section numbers as indicated in parenthesis, | 39 |
sections 3733.11 (4781.40) and 3733.111 (4781.53) | 40 |
of the Revised Code on July 1, 2011, to conform | 41 |
with other provisions of this act taking effect on | 42 |
that date. | 43 |
Section 1. That sections 1901.18, 1909.11, 1923.01, 1923.02, | 44 |
1923.061, 1923.15, 2305.01, 3701.83, 3709.085, 3709.09, 3709.092, | 45 |
3729.01, 3733.02, 3733.021, 3733.022, 3733.024, 3733.025, 3733.03, | 46 |
3733.04, 3733.05, 3733.06, 3733.08, 3733.09, 3733.091, 3733.10, | 47 |
3733.101, 3733.11, 3733.12, 3733.121, 3733.122, 3733.123, 3733.13, | 48 |
3733.14, 3733.15, 3733.17, 3733.18, 3733.19, 3733.20, 3733.41, | 49 |
3733.99, 3781.06, 4503.061, 4503.062, 4517.01, 4517.04, 4517.09, | 50 |
4517.10, 4517.12, 4517.13, 4517.14, 4517.23, 4517.24, 4517.44, | 51 |
4743.05, 4781.01, 4781.02, 4781.04, 4781.07, 4781.10, 4781.14, | 52 |
4781.15, 4781.99, 4905.90, and 6111.46 be amended; and that | 53 |
sections 3733.02 (4781.26), 3733.021 (4781.31), 3733.022 | 54 |
(4781.32), 3733.024 (4781.33), 3733.025 (4781.34), 3733.03 | 55 |
(4781.27), 3733.04 (4781.28), 3733.05 (4781.29), 3733.06 | 56 |
(4781.30), 3733.08 (4781.35), 3733.09 (4781.36), 3733.091 | 57 |
(4781.37), 3733.10 (4781.38), 3733.101 (4781.39), 3733.12 | 58 |
(4781.41), 3733.121 (4781.42), 3733.122 (4781.43), 3733.123 | 59 |
(4781.44), 3733.13 (4781.45), 3733.14 (4781.46), 3733.15 | 60 |
(4781.47), 3733.16 (4781.48), 3733.17 (4781.49), 3733.18 | 61 |
(4781.50), 3733.19 (4781.51), and 3733.20 (4781.52) be amended for | 62 |
the purpose of adopting new section numbers as indicated in | 63 |
parentheses; and that sections 2323.05, 3733.111, 4781.121, | 64 |
4781.54, and 4781.60 of the Revised Code be enacted to read as | 65 |
follows: | 66 |
Sec. 1901.18. (A) Except as otherwise provided in this | 67 |
division or section 1901.181 of the Revised Code, subject to the | 68 |
monetary jurisdiction of municipal courts as set forth in section | 69 |
1901.17 of the Revised Code, a municipal court has original | 70 |
jurisdiction within its territory in all of the following actions | 71 |
or proceedings and to perform all of the following functions: | 72 |
(1) In any civil action, of whatever nature or remedy, of | 73 |
which judges of county courts have jurisdiction; | 74 |
(2) In any action or proceeding at law for the recovery of | 75 |
money or personal property of which the court of common pleas has | 76 |
jurisdiction; | 77 |
(3) In any action at law based on contract, to determine, | 78 |
preserve, and enforce all legal and equitable rights involved in | 79 |
the contract, to decree an accounting, reformation, or | 80 |
cancellation of the contract, and to hear and determine all legal | 81 |
and equitable remedies necessary or proper for a complete | 82 |
determination of the rights of the parties to the contract; | 83 |
(4) In any action or proceeding for the sale of personal | 84 |
property under chattel mortgage, lien, encumbrance, or other | 85 |
charge, for the foreclosure and marshalling of liens on personal | 86 |
property of that nature, and for the rendering of personal | 87 |
judgment in the action or proceeding; | 88 |
(5) In any action or proceeding to enforce the collection of | 89 |
its own judgments or the judgments rendered by any court within | 90 |
the territory to which the municipal court has succeeded, and to | 91 |
subject the interest of a judgment debtor in personal property to | 92 |
satisfy judgments enforceable by the municipal court; | 93 |
(6) In any action or proceeding in the nature of | 94 |
interpleader; | 95 |
(7) In any action of replevin; | 96 |
(8) In any action of forcible entry and detainer; | 97 |
(9) In any action concerning the issuance and enforcement of | 98 |
temporary protection orders pursuant to section 2919.26 of the | 99 |
Revised Code or protection orders pursuant to section 2903.213 of | 100 |
the Revised Code or the enforcement of protection orders issued by | 101 |
courts of another state, as defined in section 2919.27 of the | 102 |
Revised Code; | 103 |
(10) If the municipal court has a housing or environmental | 104 |
division, in any action over which the division is given | 105 |
jurisdiction by section 1901.181 of the Revised Code, provided | 106 |
that, except as specified in division (B) of that section, no | 107 |
judge of the court other than the judge of the division shall hear | 108 |
or determine any action over which the division has jurisdiction; | 109 |
(11) In any action brought pursuant to division (I) of | 110 |
section | 111 |
premises that are the subject of the action are located within the | 112 |
territorial jurisdiction of the court; | 113 |
(12) In any civil action as described in division (B)(1) of | 114 |
section 3767.41 of the Revised Code that relates to a public | 115 |
nuisance, and, to the extent any provision of this chapter | 116 |
conflicts or is inconsistent with a provision of that section, the | 117 |
provision of that section shall control in the civil action. | 118 |
(B) The Cleveland municipal court also shall have | 119 |
jurisdiction within its territory in all of the following actions | 120 |
or proceedings and to perform all of the following functions: | 121 |
(1) In all actions and proceedings for the sale of real | 122 |
property under lien of a judgment of the municipal court or a lien | 123 |
for machinery, material, or fuel furnished or labor performed, | 124 |
irrespective of amount, and, in those actions and proceedings, the | 125 |
court may proceed to foreclose and marshal all liens and all | 126 |
vested or contingent rights, to appoint a receiver, and to render | 127 |
personal judgment irrespective of amount in favor of any party. | 128 |
(2) In all actions for the foreclosure of a mortgage on real | 129 |
property given to secure the payment of money or the enforcement | 130 |
of a specific lien for money or other encumbrance or charge on | 131 |
real property, when the amount claimed by the plaintiff does not | 132 |
exceed fifteen thousand dollars and the real property is situated | 133 |
within the territory, and, in those actions, the court may proceed | 134 |
to foreclose all liens and all vested and contingent rights and | 135 |
may proceed to render judgments and make findings and orders | 136 |
between the parties in the same manner and to the same extent as | 137 |
in similar actions in the court of common pleas. | 138 |
(3) In all actions for the recovery of real property situated | 139 |
within the territory to the same extent as courts of common pleas | 140 |
have jurisdiction; | 141 |
(4) In all actions for injunction to prevent or terminate | 142 |
violations of the ordinances and regulations of the city of | 143 |
Cleveland enacted or promulgated under the police power of the | 144 |
city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio | 145 |
Constitution, over which the court of common pleas has or may have | 146 |
jurisdiction, and, in those actions, the court may proceed to | 147 |
render judgments and make findings and orders in the same manner | 148 |
and to the same extent as in similar actions in the court of | 149 |
common pleas. | 150 |
Sec. 1909.11. A county court judge has jurisdiction in any | 151 |
action brought pursuant to division (I) of section | 152 |
of the Revised Code if the residential premises that are the | 153 |
subject of the action are located within the territorial | 154 |
jurisdiction of the judge's county court district. | 155 |
Sec. 1923.01. (A) As provided in this chapter, any judge of | 156 |
a county or municipal court or a court of common pleas, within the | 157 |
judge's proper area of jurisdiction, may inquire about persons who | 158 |
make unlawful and forcible entry into lands or tenements and | 159 |
detain them, and about persons who make a lawful and peaceable | 160 |
entry into lands or tenements and hold them unlawfully and by | 161 |
force. If, upon the inquiry, it is found that an unlawful and | 162 |
forcible entry has been made and the lands or tenements are | 163 |
detained, or that, after a lawful entry, lands or tenements are | 164 |
held unlawfully and by force, a judge shall cause the plaintiff in | 165 |
an action under this chapter to have restitution of the lands or | 166 |
tenements. | 167 |
(B) An action shall be brought under this chapter within two | 168 |
years after the cause of action accrues. | 169 |
(C) As used in this chapter: | 170 |
(1) "Tenant" means a person who is entitled under a rental | 171 |
agreement to the use or occupancy of premises, other than premises | 172 |
located in a manufactured home park, to the exclusion of others, | 173 |
except that as used in division (A)(6) of section 1923.02 and | 174 |
section 1923.051 of the Revised Code, "tenant" includes a | 175 |
manufactured home park resident. | 176 |
(2) "Landlord" means the owner, lessor, or sublessor of | 177 |
premises, or the agent or person the landlord authorizes to manage | 178 |
premises or to receive rent from a tenant under a rental | 179 |
agreement, except, if required by the facts of the action to which | 180 |
the term is applied, "landlord" means a park operator. | 181 |
(3) "Resident" has the same meaning as in section | 182 |
4781.01 of the Revised Code. | 183 |
(4) "Residential premises" has the same meaning as in section | 184 |
5321.01 of the Revised Code, except, if required by the facts of | 185 |
the action to which the term is applied, "residential premises" | 186 |
has the same meaning as in section | 187 |
Code. | 188 |
(5) "Rental agreement" means any agreement or lease, written | 189 |
or oral, that establishes or modifies the terms, conditions, | 190 |
rules, or other provisions concerning the use or occupancy of | 191 |
premises by one of the parties to the agreement or lease, except | 192 |
that "rental agreement," as used in division (A)(13) of section | 193 |
1923.02 of the Revised Code and where the context requires as used | 194 |
in this chapter, means a rental agreement as defined in division | 195 |
(D) of section 5322.01 of the Revised Code. | 196 |
(6) "Controlled substance" has the same meaning as in section | 197 |
3719.01 of the Revised Code. | 198 |
(7) "School premises" has the same meaning as in section | 199 |
2925.01 of the Revised Code. | 200 |
(8) "Sexually oriented offense" and "child-victim oriented | 201 |
offense" have the same meanings as in section 2950.01 of the | 202 |
Revised Code. | 203 |
(9) "Recreational vehicle" and "mobile home" have the same | 204 |
meanings as in section 4501.01 of the Revised Code. | 205 |
(10) "Manufactured home" has the same meaning as in section | 206 |
3781.06 of the Revised Code. | 207 |
(11) "Manufactured home park" has the same meaning as in | 208 |
section | 209 |
tract of land upon which one or two manufactured or mobile homes | 210 |
used for habitation are parked, either free of charge or for | 211 |
revenue purposes, pursuant to rental agreements between the owners | 212 |
of the manufactured or mobile homes and the owner of the tract of | 213 |
land. | 214 |
(12) "Park operator" has the same meaning as in section | 215 |
216 | |
premises upon which one or two manufactured or mobile homes used | 217 |
for habitation are parked, either free of charge or for revenue | 218 |
purposes, pursuant to rental agreements between the owners of the | 219 |
manufactured or mobile homes and a landlord who is not licensed as | 220 |
a manufactured home park operator pursuant to Chapter | 221 |
of the Revised Code. | 222 |
(13) "Personal property" means tangible personal property | 223 |
other than a manufactured home, mobile home, or recreational | 224 |
vehicle that is the subject of an action under this chapter. | 225 |
(14) "Preschool or child day-care center premises" has the | 226 |
same meaning as in section 2950.034 of the Revised Code. | 227 |
Sec. 1923.02. (A) Proceedings under this chapter may be had | 228 |
as follows: | 229 |
(1) Against tenants or manufactured home park residents | 230 |
holding over their terms; | 231 |
(2) Against tenants or manufactured home park residents in | 232 |
possession under an oral tenancy, who are in default in the | 233 |
payment of rent as provided in division (B) of this section; | 234 |
(3) In sales of real estate, on executions, orders, or other | 235 |
judicial process, when the judgment debtor was in possession at | 236 |
the time of the rendition of the judgment or decree, by virtue of | 237 |
which the sale was made; | 238 |
(4) In sales by executors, administrators, or guardians, and | 239 |
on partition, when any of the parties to the complaint were in | 240 |
possession at the commencement of the action, after the sales, so | 241 |
made on execution or otherwise, have been examined by the proper | 242 |
court and adjudged legal; | 243 |
(5) When the defendant is an occupier of lands or tenements, | 244 |
without color of title, and the complainant has the right of | 245 |
possession to them; | 246 |
(6) In any other case of the unlawful and forcible detention | 247 |
of lands or tenements. For purposes of this division, in addition | 248 |
to any other type of unlawful and forcible detention of lands or | 249 |
tenements, such a detention may be determined to exist when both | 250 |
of the following apply: | 251 |
(a) A tenant fails to vacate residential premises within | 252 |
three days after both of the following occur: | 253 |
(i) The tenant's landlord has actual knowledge of or has | 254 |
reasonable cause to believe that the tenant, any person in the | 255 |
tenant's household, or any person on the premises with the consent | 256 |
of the tenant previously has or presently is engaged in a | 257 |
violation of Chapter 2925. or 3719. of the Revised Code, or of a | 258 |
municipal ordinance that is substantially similar to any section | 259 |
in either of those chapters, which involves a controlled substance | 260 |
and which occurred in, is occurring in, or otherwise was or is | 261 |
connected with the premises, whether or not the tenant or other | 262 |
person has been charged with, has pleaded guilty to or been | 263 |
convicted of, or has been determined to be a delinquent child for | 264 |
an act that, if committed by an adult, would be a violation as | 265 |
described in this division. For purposes of this division, a | 266 |
landlord has "actual knowledge of or has reasonable cause to | 267 |
believe" that a tenant, any person in the tenant's household, or | 268 |
any person on the premises with the consent of the tenant | 269 |
previously has or presently is engaged in a violation as described | 270 |
in this division if a search warrant was issued pursuant to | 271 |
Criminal Rule 41 or Chapter 2933. of the Revised Code; the | 272 |
affidavit presented to obtain the warrant named or described the | 273 |
tenant or person as the individual to be searched and particularly | 274 |
described the tenant's premises as the place to be searched, named | 275 |
or described one or more controlled substances to be searched for | 276 |
and seized, stated substantially the offense under Chapter 2925. | 277 |
or 3719. of the Revised Code or the substantially similar | 278 |
municipal ordinance that occurred in, is occurring in, or | 279 |
otherwise was or is connected with the tenant's premises, and | 280 |
states the factual basis for the affiant's belief that the | 281 |
controlled substances are located on the tenant's premises; the | 282 |
warrant was properly executed by a law enforcement officer and any | 283 |
controlled substance described in the affidavit was found by that | 284 |
officer during the search and seizure; and, subsequent to the | 285 |
search and seizure, the landlord was informed by that or another | 286 |
law enforcement officer of the fact that the tenant or person has | 287 |
or presently is engaged in a violation as described in this | 288 |
division and it occurred in, is occurring in, or otherwise was or | 289 |
is connected with the tenant's premises. | 290 |
(ii) The landlord gives the tenant the notice required by | 291 |
division (C) of section 5321.17 of the Revised Code. | 292 |
(b) The court determines, by a preponderance of the evidence, | 293 |
that the tenant, any person in the tenant's household, or any | 294 |
person on the premises with the consent of the tenant previously | 295 |
has or presently is engaged in a violation as described in | 296 |
division (A)(6)(a)(i) of this section. | 297 |
(7) In cases arising out of Chapter 5313. of the Revised | 298 |
Code. In those cases, the court has the authority to declare a | 299 |
forfeiture of the vendee's rights under a land installment | 300 |
contract and to grant any other claims arising out of the | 301 |
contract. | 302 |
(8) Against tenants who have breached an obligation that is | 303 |
imposed by section 5321.05 of the Revised Code, other than the | 304 |
obligation specified in division (A)(9) of that section, and that | 305 |
materially affects health and safety. Prior to the commencement of | 306 |
an action under this division, notice shall be given to the tenant | 307 |
and compliance secured with section 5321.11 of the Revised Code. | 308 |
(9) Against tenants who have breached an obligation imposed | 309 |
upon them by a written rental agreement; | 310 |
(10) Against manufactured home park residents who have | 311 |
defaulted in the payment of rent or breached the terms of a rental | 312 |
agreement with a park operator. Nothing in this division precludes | 313 |
the commencement of an action under division (A)(12) of this | 314 |
section when the additional circumstances described in that | 315 |
division apply. | 316 |
(11) Against manufactured home park residents who have | 317 |
committed two material violations of the rules of the manufactured | 318 |
home park, of the | 319 |
commission, or of applicable state and local health and safety | 320 |
codes and who have been notified of the violations in compliance | 321 |
with section
| 322 |
(12) Against a manufactured home park resident, or the estate | 323 |
of a manufactured home park resident, who as a result of death or | 324 |
otherwise has been absent from the manufactured home park for a | 325 |
period of thirty consecutive days prior to the commencement of an | 326 |
action under this division and whose manufactured home or mobile | 327 |
home, or recreational vehicle that is parked in the manufactured | 328 |
home park, has been left unoccupied for that thirty-day period, | 329 |
without notice to the park operator and without payment of rent | 330 |
due under the rental agreement with the park operator; | 331 |
(13) Against occupants of self-service storage facilities, as | 332 |
defined in division (A) of section 5322.01 of the Revised Code, | 333 |
who have breached the terms of a rental agreement or violated | 334 |
section 5322.04 of the Revised Code; | 335 |
(14) Against any resident or occupant who, pursuant to a | 336 |
rental agreement, resides in or occupies residential premises | 337 |
located within one thousand feet of any school premises or | 338 |
preschool or child day-care center premises and to whom both of | 339 |
the following apply: | 340 |
(a) The resident's or occupant's name appears on the state | 341 |
registry of sex offenders and child-victim offenders maintained | 342 |
under section 2950.13 of the Revised Code. | 343 |
(b) The state registry of sex offenders and child-victim | 344 |
offenders indicates that the resident or occupant was convicted of | 345 |
or pleaded guilty to a sexually oriented offense or a child-victim | 346 |
oriented offense in a criminal prosecution and was not sentenced | 347 |
to a serious youthful offender dispositional sentence for that | 348 |
offense. | 349 |
(15) Against any tenant who permits any person to occupy | 350 |
residential premises located within one thousand feet of any | 351 |
school premises or preschool or child day-care center premises if | 352 |
both of the following apply to the person: | 353 |
(a) The person's name appears on the state registry of sex | 354 |
offenders and child-victim offenders maintained under section | 355 |
2950.13 of the Revised Code. | 356 |
(b) The state registry of sex offenders and child-victim | 357 |
offenders indicates that the person was convicted of or pleaded | 358 |
guilty to a sexually oriented offense or a child-victim oriented | 359 |
offense in a criminal prosecution and was not sentenced to a | 360 |
serious youthful offender dispositional sentence for that offense. | 361 |
(B) If a tenant or manufactured home park resident holding | 362 |
under an oral tenancy is in default in the payment of rent, the | 363 |
tenant or resident forfeits the right of occupancy, and the | 364 |
landlord may, at the landlord's option, terminate the tenancy by | 365 |
notifying the tenant or resident, as provided in section 1923.04 | 366 |
of the Revised Code, to leave the premises, for the restitution of | 367 |
which an action may then be brought under this chapter. | 368 |
(C)(1) If a tenant or any other person with the tenant's | 369 |
permission resides in or occupies residential premises that are | 370 |
located within one thousand feet of any school premises and is a | 371 |
resident or occupant of the type described in division (A)(14) of | 372 |
this section or a person of the type described in division (A)(15) | 373 |
of this section, the landlord for those residential premises, upon | 374 |
discovery that the tenant or other person is a resident, occupant, | 375 |
or person of that nature, may terminate the rental agreement or | 376 |
tenancy for those residential premises by notifying the tenant and | 377 |
all other occupants, as provided in section 1923.04 of the Revised | 378 |
Code, to leave the premises. | 379 |
(2) If a landlord is authorized to terminate a rental | 380 |
agreement or tenancy pursuant to division (C)(1) of this section | 381 |
but does not so terminate the rental agreement or tenancy, the | 382 |
landlord is not liable in a tort or other civil action in damages | 383 |
for any injury, death, or loss to person or property that | 384 |
allegedly result from that decision. | 385 |
(D) This chapter does not apply to a student tenant as | 386 |
defined by division (H) of section 5321.01 of the Revised Code | 387 |
when the college or university proceeds to terminate a rental | 388 |
agreement pursuant to section 5321.031 of the Revised Code. | 389 |
Sec. 1923.061. (A) Any defense in an action under this | 390 |
chapter may be asserted at trial. | 391 |
(B) In an action for possession of residential premises based | 392 |
upon nonpayment of the rent or in an action for rent when the | 393 |
tenant or manufactured home park resident is in possession, the | 394 |
tenant or resident may counterclaim for any amount | 395 |
or resident may recover under the rental agreement or under | 396 |
Chapter | 397 |
the court from time to time may order the tenant or resident to | 398 |
pay into court all or part of the past due rent and rent becoming | 399 |
due during the pendency of the action. After trial and judgment, | 400 |
the party to whom a net judgment is owed shall be paid first from | 401 |
the money paid into court, and any balance shall be satisfied as | 402 |
any other judgment. If no rent remains due after application of | 403 |
this division, judgment shall be entered for the tenant or | 404 |
resident in the action for possession. If the tenant or resident | 405 |
has paid into court an amount greater than that necessary to | 406 |
satisfy a judgment obtained by the landlord, the balance shall be | 407 |
returned by the court to the tenant or resident. | 408 |
Sec. 1923.15. During any proceeding involving residential | 409 |
premises under this chapter, the court may order an appropriate | 410 |
governmental agency to inspect the residential premises. If the | 411 |
agency determines and the court finds conditions which constitute | 412 |
a violation of section | 413 |
Code, and if the premises have been vacated or are to be restored | 414 |
to the landlord, the court may issue an order forbidding the | 415 |
re-rental of the property until such conditions are corrected. If | 416 |
the agency determines and the court finds such conditions, and if | 417 |
the court finds that the tenant or manufactured home park resident | 418 |
may remain in possession, the court may order such conditions | 419 |
corrected. If such conditions have been caused by the tenant or | 420 |
resident, the court may award damages to the landlord equal to the | 421 |
reasonable cost of correcting such conditions. | 422 |
Sec. 2305.01. Except as otherwise provided by this section | 423 |
or section 2305.03 of the Revised Code, the court of common pleas | 424 |
has original jurisdiction in all civil cases in which the sum or | 425 |
matter in dispute exceeds the exclusive original jurisdiction of | 426 |
county courts and appellate jurisdiction from the decisions of | 427 |
boards of county commissioners. The court of common pleas shall | 428 |
not have jurisdiction, in any tort action to which the amounts | 429 |
apply, to award punitive or exemplary damages that exceed the | 430 |
amounts set forth in section 2315.21 of the Revised Code. The | 431 |
court of common pleas shall not have jurisdiction in any tort | 432 |
action to which the limits apply to enter judgment on an award of | 433 |
compensatory damages for noneconomic loss in excess of the limits | 434 |
set forth in section 2315.18 of the Revised Code. | 435 |
The court of common pleas may on its own motion transfer for | 436 |
trial any action in the court to any municipal court in the county | 437 |
having concurrent jurisdiction of the subject matter of, and the | 438 |
parties to, the action, if the amount sought by the plaintiff does | 439 |
not exceed one thousand dollars and if the judge or presiding | 440 |
judge of the municipal court concurs in the proposed transfer. | 441 |
Upon the issuance of an order of transfer, the clerk of courts | 442 |
shall remove to the designated municipal court the entire case | 443 |
file. Any untaxed portion of the common pleas deposit for court | 444 |
costs shall be remitted to the municipal court by the clerk of | 445 |
courts to be applied in accordance with section 1901.26 of the | 446 |
Revised Code, and the costs taxed by the municipal court shall be | 447 |
added to any costs taxed in the common pleas court. | 448 |
The court of common pleas has jurisdiction in any action | 449 |
brought pursuant to division (I) of section | 450 |
Revised Code if the residential premises that are the subject of | 451 |
the action are located within the territorial jurisdiction of the | 452 |
court. | 453 |
The courts of common pleas of Adams, Athens, Belmont, Brown, | 454 |
Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence, | 455 |
Meigs, Monroe, Scioto, and Washington counties have jurisdiction | 456 |
beyond the north or northwest shore of the Ohio river extending to | 457 |
the opposite shore line, between the extended boundary lines of | 458 |
any adjacent counties or adjacent state. Each of those courts of | 459 |
common pleas has concurrent jurisdiction on the Ohio river with | 460 |
any adjacent court of common pleas that borders on that river and | 461 |
with any court of Kentucky or of West Virginia that borders on the | 462 |
Ohio river and that has jurisdiction on the Ohio river under the | 463 |
law of Kentucky or the law of West Virginia, whichever is | 464 |
applicable, or under federal law. | 465 |
Sec. 2323.05. Within ten days after filing with a court to | 466 |
initiate a foreclosure action against a manufactured home park, a | 467 |
mortgagee shall provide the manufactured homes commission with a | 468 |
written notice of that filing and shall provide the court with a | 469 |
copy of that notice. If the mortgagee does not provide the notice | 470 |
or copy as this section requires, the court shall dismiss the | 471 |
foreclosure action without prejudice. Within thirty days after | 472 |
receiving notice of the filing, the commission shall notify | 473 |
residents in the park of the foreclosure action. | 474 |
Sec. 3701.83. (A) There is hereby created in the state | 475 |
treasury the general operations fund. Moneys in the fund shall be | 476 |
used for the purposes specified in sections 3701.04, 3701.344, | 477 |
3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, 3722.04, | 478 |
3729.07, | 479 |
3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09 | 480 |
of the Revised Code. | 481 |
(B) The alcohol testing program fund is hereby created in the | 482 |
state treasury. The director of health shall use the fund to | 483 |
administer and enforce the alcohol testing and permit program | 484 |
authorized by section 3701.143 of the Revised Code. | 485 |
The fund shall receive transfers from the liquor control fund | 486 |
created under section 4301.12 of the Revised Code. All investment | 487 |
earnings of the alcohol testing program fund shall be credited to | 488 |
the fund. | 489 |
Sec. 3709.085. (A) The board of health of a city or general | 490 |
health district may enter into a contract with any political | 491 |
subdivision or other governmental agency to obtain or provide all | 492 |
or part of any services, including, but not limited to, | 493 |
enforcement services, for the purposes of Chapter 3704. of the | 494 |
Revised Code, the rules adopted and orders made pursuant thereto, | 495 |
or any other ordinances or rules for the prevention, control, and | 496 |
abatement of air pollution. | 497 |
(B)(1) As used in division (B)(2) of this section: | 498 |
(a) "Semipublic disposal system" means a disposal system that | 499 |
treats the sanitary sewage discharged from publicly or privately | 500 |
owned buildings or places of assemblage, entertainment, | 501 |
recreation, education, correction, hospitalization, housing, or | 502 |
employment, but does not include a disposal system that treats | 503 |
sewage in amounts of more than twenty-five thousand gallons per | 504 |
day; a disposal system for the treatment of sewage that is exempt | 505 |
from the requirements of section 6111.04 of the Revised Code | 506 |
pursuant to division (F)(7) of that section; or a disposal system | 507 |
for the treatment of industrial waste. | 508 |
(b) Terms defined in section 6111.01 of the Revised Code have | 509 |
the same meanings as in that section. | 510 |
(2) The board of health of a city or general health district | 511 |
may enter into a contract with the environmental protection agency | 512 |
to conduct on behalf of the agency inspection or enforcement | 513 |
services, for the purposes of Chapter 6111. of the Revised Code | 514 |
and rules adopted thereunder, for the disposal or treatment of | 515 |
sewage from semipublic disposal systems. The board of health of a | 516 |
city or general health district may charge a fee established | 517 |
pursuant to section 3709.09 of the Revised Code to be paid by the | 518 |
owner or operator of a semipublic disposal system for inspections | 519 |
conducted by the board pursuant to a contract entered into under | 520 |
division (B)(2) of this section, except that the board shall not | 521 |
charge a fee for those inspections conducted at any recreational | 522 |
vehicle park, recreation camp, or combined park-camp that is | 523 |
licensed under section 3729.05 of the Revised Code | 524 |
525 | |
526 |
Sec. 3709.09. (A) The board of health of a city or general | 527 |
health district may, by rule, establish a uniform system of fees | 528 |
to pay the costs of any services provided by the board. | 529 |
The fee for issuance of a certified copy of a vital record or | 530 |
a certification of birth shall not be less than the fee prescribed | 531 |
for the same service under division (A)(1) of section 3705.24 of | 532 |
the Revised Code and shall include the fees required by division | 533 |
(B) of section 3705.24 and section 3109.14 of the Revised Code. | 534 |
Fees for services provided by the board for purposes | 535 |
specified in sections 3701.344, 3711.10, 3718.06, 3729.07, | 536 |
3730.03, | 537 |
be established in accordance with rules adopted under division (B) | 538 |
of this section. The district advisory council, in the case of a | 539 |
general health district, and the legislative authority of the | 540 |
city, in the case of a city health district, may disapprove any | 541 |
fee established by the board of health under this division, and | 542 |
any such fee, as disapproved, shall not be charged by the board of | 543 |
health. | 544 |
(B) The public health council shall adopt rules under section | 545 |
111.15 of the Revised Code that establish fee categories and a | 546 |
uniform methodology for use in calculating the costs of services | 547 |
provided for purposes specified in sections 3701.344, 3711.10, | 548 |
3718.06, 3729.07, 3730.03,
| 549 |
Revised Code. In adopting the rules, the public health council | 550 |
shall consider recommendations it receives from advisory boards | 551 |
established either by statute or the director of health for | 552 |
entities subject to the fees. | 553 |
(C) Except when a board of health establishes a fee by | 554 |
adopting a rule as an emergency measure, the board of health shall | 555 |
hold a public hearing regarding each proposed fee for a service | 556 |
provided by the board for a purpose specified in section 3701.344, | 557 |
3711.10, 3718.06, 3729.07, 3730.03, | 558 |
of the Revised Code. If a public hearing is held, at least twenty | 559 |
days prior to the public hearing the board shall give written | 560 |
notice of the hearing to each entity affected by the proposed fee. | 561 |
The notice shall be mailed to the last known address of each | 562 |
entity and shall specify the date, time, and place of the hearing | 563 |
and the amount of the proposed fee. | 564 |
(D) If payment of a fee established under this section is not | 565 |
received by the day on which payment is due, the board of health | 566 |
shall assess a penalty. The amount of the penalty shall be equal | 567 |
to twenty-five per cent of the applicable fee. | 568 |
(E) All rules adopted by a board of health under this section | 569 |
shall be adopted, recorded, and certified as are ordinances of | 570 |
municipal corporations and the record thereof shall be given in | 571 |
all courts the same effect as is given such ordinances, but the | 572 |
advertisements of such rules shall be by publication in one | 573 |
newspaper of general circulation within the health district. | 574 |
Publication shall be made once a week for two consecutive weeks | 575 |
and such rules shall take effect and be in force ten days from the | 576 |
date of the first publication. | 577 |
Sec. 3709.092. (A) A board of health of a city or general | 578 |
health district shall transmit to the director of health all fees | 579 |
or additional amounts that the public health council requires to | 580 |
be collected under sections 3701.344, 3718.06, 3729.07, | 581 |
3733.25, and 3749.04 of the Revised Code. The fees and amounts | 582 |
shall be transmitted according to the following schedule: | 583 |
(1) For fees and amounts received by the board on or after | 584 |
the first day of January but not later than the thirty-first day | 585 |
of March, transmit the fees and amounts not later than the | 586 |
fifteenth day of May; | 587 |
(2) For fees and amounts received by the board on or after | 588 |
the first day of April but not later than the thirtieth day of | 589 |
June, transmit the fees and amounts not later than the fifteenth | 590 |
day of August; | 591 |
(3) For fees and amounts received by the board on or after | 592 |
the first day of July but not later than the thirtieth day of | 593 |
September, transmit the fees and amounts not later than the | 594 |
fifteenth day of November; | 595 |
(4) For fees and amounts received by the board on or after | 596 |
the first day of October but not later than the thirty-first day | 597 |
of December, transmit the fees and amounts not later than the | 598 |
fifteenth day of February of the following year. | 599 |
(B) The director shall deposit the fees and amounts received | 600 |
under this section into the state treasury to the credit of the | 601 |
general operations fund created in section 3701.83 of the Revised | 602 |
Code. Each amount shall be used solely for the purpose for which | 603 |
it was collected. | 604 |
Sec. 3729.01. As used in this chapter: | 605 |
(A) "Camp operator" means the operator of a recreational | 606 |
vehicle park, recreation camp, combined park-camp, or temporary | 607 |
park-camp. | 608 |
(B) "Campsite user" means a person who enters into a campsite | 609 |
use agreement with a camp operator for the use of a campsite at a | 610 |
recreational vehicle park, recreation camp, combined park-camp, or | 611 |
temporary park-camp. | 612 |
(C) "Combined park-camp" means any tract of land upon which a | 613 |
combination of five or more self-contained recreational vehicles | 614 |
or portable camping units are placed and includes any roadway, | 615 |
building, structure, vehicle, or enclosure used or intended for | 616 |
use as part of the park facilities. A tract of land that is | 617 |
subdivided for lease or other contract of the individual lots is a | 618 |
combined park-camp if a combination of five or more recreational | 619 |
vehicles or portable camping units are placed on it for | 620 |
recreation, vacation, or business purposes. | 621 |
"Combined park-camp" does not include any tract of land used | 622 |
solely as a temporary park-camp or solely as a manufactured home | 623 |
park. | 624 |
(D) "Dependent recreational vehicle" means a recreational | 625 |
vehicle other than a self-contained recreational vehicle. | 626 |
"Dependent recreational vehicle" includes a park model. | 627 |
(E) "Development" means any artificial change to improved or | 628 |
unimproved real estate, including, without limitation, buildings | 629 |
or structures, dredging, filling, grading, paving, excavation or | 630 |
drilling operations, or storage of equipment or materials, and the | 631 |
construction, expansion, or substantial alteration of a | 632 |
recreational vehicle park, recreation camp, or combined park-camp, | 633 |
for which plan review is required under division (A) of section | 634 |
3729.03 of the Revised Code. "Development" does not include the | 635 |
building, construction, erection, or manufacture of any building | 636 |
to which section 3781.06 of the Revised Code is applicable. | 637 |
(F) "Director of health" means the director of health or the | 638 |
director's authorized representative. | 639 |
(G) "Flood" or "flooding" means either of the following: | 640 |
(1) A general and temporary condition of partial or complete | 641 |
inundation of normally dry land areas from any of the following: | 642 |
(a) The overflow of inland or tidal waters; | 643 |
(b) The unusual and rapid accumulation or runoff of surface | 644 |
waters from any source; | 645 |
(c) Mudslides that are proximately caused by flooding as | 646 |
defined in division (G)(1)(b) of this section and that are akin to | 647 |
a river of liquid and flowing mud on the surface of normally dry | 648 |
land areas, as when earth is carried by a current of water and | 649 |
deposited along the path of the current. | 650 |
(2) The collapse or subsidence of land along the shore of a | 651 |
lake or other body of water as a result of erosion or undermining | 652 |
that is caused by waves or currents of water exceeding anticipated | 653 |
cyclical levels or that is suddenly caused by an unusually high | 654 |
water level in a natural body of water, and that is accompanied by | 655 |
a severe storm, by an unanticipated force of nature, such as a | 656 |
flash flood, by an abnormal tidal surge, or by some similarly | 657 |
unusual and unforeseeable event, that results in flooding as | 658 |
defined in division (G)(1)(a) of this section. | 659 |
(H) "Flood plain" means the area adjoining any river, stream, | 660 |
watercourse, or lake that has been or may be covered by flood | 661 |
water. | 662 |
(I) "Licensor" means either the board of health of a city or | 663 |
general health district, or the authority having the duties of a | 664 |
board of health in any city as authorized by section 3709.05 of | 665 |
the Revised Code, or the director of health, when required under | 666 |
division (B) of section 3729.06 of the Revised Code. "Licensor" | 667 |
also means an authorized representative of any of those entities | 668 |
or of the director. | 669 |
(J) "Manufactured home park" has the same meaning as in | 670 |
section | 671 |
(K) "One-hundred-year flood" means a flood having a one per | 672 |
cent chance of being equaled or exceeded in any given year. | 673 |
(L) "One-hundred-year flood plain" means that portion of a | 674 |
flood plain inundated by a one-hundred-year flood. | 675 |
(M) "Operator" means the person who has responsible charge of | 676 |
a recreational vehicle park, recreation camp, combined park-camp, | 677 |
or temporary park-camp and who is licensed under this chapter. | 678 |
(N) "Park model" means a recreational vehicle that meets the | 679 |
American national standard institute standard A119.5(1988) for | 680 |
park trailers, is built on a single chassis, has a gross trailer | 681 |
area of not more than four hundred square feet when set up, is | 682 |
designed for seasonal or temporary living quarters, and may be | 683 |
connected to utilities necessary for operation of installed | 684 |
features and appliances. | 685 |
(O) "Person" has the same meaning as in section 1.59 of the | 686 |
Revised Code and also includes this state, any political | 687 |
subdivision of this state, and any other state or local body of | 688 |
this state. | 689 |
(P) "Portable camping units" means dependent recreational | 690 |
vehicles, tents, portable sleeping equipment, and similar camping | 691 |
equipment used for travel, recreation, vacation, or business | 692 |
purposes. | 693 |
(Q) "Recreation camp" means any tract of land upon which five | 694 |
or more portable camping units are placed and includes any | 695 |
roadway, building, structure, vehicle, or enclosure used or | 696 |
intended for use as a part of the facilities of the camp. A tract | 697 |
of land that is subdivided for lease or other contract of the | 698 |
individual lots is a recreation camp if five or more portable | 699 |
camping units are placed on it for recreation, vacation, or | 700 |
business purposes. | 701 |
"Recreation camp" does not include any tract of land used | 702 |
solely for the storage or display for sale of dependent | 703 |
recreational vehicles, solely as a temporary park-camp, or solely | 704 |
as a manufactured home park. | 705 |
(R) "Recreational vehicle" has the same meaning as in section | 706 |
4501.01 of the Revised Code. | 707 |
(S) "Recreational vehicle park" means any tract of land used | 708 |
for parking five or more self-contained recreational vehicles and | 709 |
includes any roadway, building, structure, vehicle, or enclosure | 710 |
used or intended for use as part of the park facilities and any | 711 |
tract of land that is subdivided for lease or other contract of | 712 |
the individual lots for the express or implied purpose of placing | 713 |
self-contained recreational vehicles for recreation, vacation, or | 714 |
business purposes. | 715 |
"Recreational vehicle park" does not include any tract of | 716 |
land used solely for the storage or display for sale of | 717 |
self-contained recreational vehicles, solely as a temporary | 718 |
park-camp, or solely as a manufactured home park. | 719 |
(T) "Self-contained recreational vehicle" means a | 720 |
recreational vehicle that can operate independent of connections | 721 |
to sewer and water and has plumbing fixtures or appliances all of | 722 |
which are connected to sewage holding tanks located within the | 723 |
vehicle. "Self-contained recreational vehicle" includes a park | 724 |
model. | 725 |
(U) "Substantially alter" means a change in the layout or | 726 |
design of a recreational vehicle park, recreation camp, combined | 727 |
park-camp, or temporary park-camp, including, without limitation, | 728 |
the movement of utilities or changes in established streets, lots, | 729 |
or sites or in other facilities. | 730 |
(V) "Temporary park-camp" means any tract of land used for a | 731 |
period not to exceed a total of twenty-one days per calendar year | 732 |
for the purpose of parking five or more recreational vehicles, | 733 |
dependent recreational vehicles, or portable camping units, or any | 734 |
combination thereof, for one or more periods of time that do not | 735 |
exceed seven consecutive days or parts thereof. | 736 |
(W) "Tract" means a contiguous area of land that consists of | 737 |
one or more parcels, lots, or sites that have been separately | 738 |
surveyed regardless of whether the individual parcels, lots, or | 739 |
sites have been recorded and regardless of whether the one or more | 740 |
parcels, lots, or sites are under common or different ownership. | 741 |
Sec. 3733.11. (A)(1) | 742 |
shall offer each home owner a written rental agreement for a | 743 |
manufactured home park lot for a term of one year or more that | 744 |
contains terms essentially the same as any alternative | 745 |
month-to-month rental agreement offered to current and prospective | 746 |
tenants and owners. The park operator shall offer the minimum | 747 |
one-year rental agreement to the owner prior to installation of | 748 |
the home in the manufactured home park or, if the home is in the | 749 |
manufactured home park, prior to the expiration of the owner's | 750 |
existing rental agreement. | 751 |
(2) The park operator shall deliver the offer to the owner by | 752 |
certified mail, return receipt requested, or in person. If the | 753 |
park operator delivers the offer to the owner in person, the owner | 754 |
shall complete a return showing receipt of the offer. If the owner | 755 |
does not accept the offer, the park operator is discharged from | 756 |
any obligation to make any further such offers. If the owner | 757 |
accepts the offer, the park operator shall, at the expiration of | 758 |
each successive rental agreement, offer the owner another rental | 759 |
agreement, for a term that is mutually agreed upon, and that | 760 |
contains terms essentially the same as the alternative | 761 |
month-to-month agreement. The park operator shall deliver | 762 |
subsequent rental offers by ordinary mail or personal delivery. If | 763 |
the park operator sells the manufactured home park to another | 764 |
manufactured home park operator, the purchaser is bound by the | 765 |
rental agreements entered into by the purchaser's predecessor. | 766 |
| 767 |
768 | |
769 | |
770 | |
771 | |
772 | |
773 | |
774 | |
775 | |
776 | |
777 | |
778 | |
779 |
(B) A park operator shall fully disclose in writing all fees, | 780 |
charges, assessments, including rental fees, and rules prior to a | 781 |
tenant or owner executing a rental agreement and assuming | 782 |
occupancy in the manufactured home park. No fees, charges, | 783 |
assessments, or rental fees so disclosed may be increased nor | 784 |
rules changed by a park operator without specifying the date of | 785 |
implementation of the changed fees, charges, assessments, rental | 786 |
fees, or rules, which date shall be not less than thirty days | 787 |
after written notice of the change and its effective date to all | 788 |
tenants or owners in the manufactured home park, and no fee, | 789 |
charge, assessment, or rental fee shall be increased during the | 790 |
term of any tenant's or owner's rental agreement. Failure on the | 791 |
part of the park operator to fully disclose all fees, charges, or | 792 |
assessments shall prevent the park operator from collecting the | 793 |
undisclosed fees, charges, or assessments. If a tenant or owner | 794 |
refuses to pay any undisclosed fees, charges, or assessments, the | 795 |
refusal shall not be used by the park operator as a cause for | 796 |
eviction in any court. | 797 |
(C) A park operator shall promulgate rules governing the | 798 |
rental or occupancy of a lot in the manufactured home park. The | 799 |
rules shall not be unreasonable, arbitrary, or capricious. A copy | 800 |
of the rules and any amendments to them shall be delivered by the | 801 |
park operator to the tenant or owner prior to signing the rental | 802 |
agreement. A copy of the rules and any amendments to them shall be | 803 |
posted in a conspicuous place upon the manufactured home park | 804 |
grounds. | 805 |
(D) No park operator shall require an owner to purchase from | 806 |
the park operator any personal property. The park operator may | 807 |
determine by rule the style or quality of skirting, equipment for | 808 |
tying down homes, manufactured or mobile home accessories, or | 809 |
other equipment to be purchased by an owner from a vendor of the | 810 |
owner's choosing, provided that the equipment is readily available | 811 |
to the owner. Any such equipment shall be installed in accordance | 812 |
with the manufactured home park rules. | 813 |
(E) No park operator shall charge any owner who chooses to | 814 |
install an electric or gas appliance in a home an additional fee | 815 |
solely on the basis of the installation, unless the installation | 816 |
is performed by the park operator at the request of the owner, nor | 817 |
shall the park operator restrict the installation, service, or | 818 |
maintenance of the appliance, restrict the ingress or egress of | 819 |
repairpersons to the manufactured home park for the purpose of | 820 |
installation, service, or maintenance of the appliance, nor | 821 |
restrict the making of any interior improvement in a home, if the | 822 |
installation or improvement is in compliance with applicable | 823 |
building codes and other provisions of law and if adequate utility | 824 |
services are available for the installation or improvement. | 825 |
(F) No park operator shall require a tenant to lease or an | 826 |
owner to purchase a manufactured or mobile home from the park | 827 |
operator or any specific person as a condition of or prerequisite | 828 |
to entering into a rental agreement. | 829 |
(G) No park operator shall require an owner to use the | 830 |
services of the park operator or any other specific person for | 831 |
installation of the manufactured or mobile home on the residential | 832 |
premises or for the performance of any service. | 833 |
(H) No park operator shall: | 834 |
(1) Deny any owner the right to sell the owner's manufactured | 835 |
home within the manufactured home park if the owner gives the park | 836 |
operator ten days' notice of the intention to sell the home; | 837 |
(2) Require the owner to remove the home from the | 838 |
manufactured home park solely on the basis of the sale of the | 839 |
home; | 840 |
(3) Unreasonably refuse to enter into a rental agreement with | 841 |
a purchaser of a home located within the operator's manufactured | 842 |
home park; | 843 |
(4) Charge any tenant or owner any fee, charge, or | 844 |
assessment, including a rental fee, that is not set forth in the | 845 |
rental agreement or, if the rental agreement is oral, is not set | 846 |
forth in a written disclosure given to the tenant or owner prior | 847 |
to the tenant or owner entering into a rental agreement; | 848 |
(5) Charge any owner any fee, charge, or assessment because | 849 |
of the transfer of ownership of a home or because a home is moved | 850 |
out of or into the manufactured home park, except a charge for the | 851 |
actual costs and expenses that are incurred by the park operator | 852 |
in moving the home out of or into the manufactured home park, or | 853 |
in installing the home in the manufactured home park and that have | 854 |
not been reimbursed by another tenant or owner. | 855 |
(6) Prohibit the indoor or outdoor display either of a for | 856 |
sale sign by an owner on that owner's lot, including a sign that | 857 |
indicates the owner is offering the property for sale by owner, or | 858 |
of a political sign by a tenant or owner on that tenant's or | 859 |
owner's lot, if the tenant or owner displaying the sign complies | 860 |
with all applicable sections of the Revised Code and all | 861 |
applicable municipal and county ordinance and resolutions | 862 |
regulating the display of such a sign. As used in this section, | 863 |
"political sign" means a sign that advertises, promotes, endorses, | 864 |
or opposes an issue that has been certified to appear on the | 865 |
ballot, or a candidate whose name has been certified to appear on | 866 |
the ballot, at the next general, special, or primary election. | 867 |
(I) If the park operator violates any provision of divisions | 868 |
(A) to (H) of this section, the tenant or owner may
| 869 |
commence a civil action against the park operator for either or | 870 |
both of the following: | 871 |
(1) The greater of twenty-five dollars or the actual damages | 872 |
resulting from the violation, and, if the tenant or owner obtains | 873 |
a judgment, reasonable attorneys' fees | 874 |
(2) Termination of the rental agreement. | 875 |
(J) No rental agreement shall require a tenant or owner to | 876 |
sell, lease, or sublet the tenant's or owner's interest in the | 877 |
rental agreement or the manufactured or mobile home that is or | 878 |
will be located on the lot that is the subject of the rental | 879 |
agreement to any specific person or through any specific person as | 880 |
the person's agent. | 881 |
(K) No park operator shall enter into a rental agreement with | 882 |
the owner of a manufactured or mobile home for the use of | 883 |
residential premises, if the rental agreement requires the owner | 884 |
of the home, as a condition to the owner's renting, occupying, or | 885 |
remaining on the residential premises, to pay the park operator or | 886 |
any other person specified in the rental agreement a fee or any | 887 |
sum of money based on the sale of the home, unless the owner of | 888 |
the home uses the park operator or other person as the owner's | 889 |
agent in the sale of the home. | 890 |
(L) A park operator and a tenant or owner may include in a | 891 |
rental agreement any terms and conditions, including any term | 892 |
relating to rent, the duration of an agreement, and any other | 893 |
provisions governing the rights and obligations of the parties | 894 |
that are not inconsistent with or prohibited by sections 3733.09 | 895 |
to 3733.20 of the Revised Code or any other rule of law. | 896 |
(M) Notwithstanding any other provision of the Revised Code, | 897 |
the owner of a manufactured or mobile home | 898 |
899 | |
housing dealer or broker licensed under Chapter 4517. of the | 900 |
Revised Code or a person properly licensed under Chapter 4735. of | 901 |
the Revised Code to sell or lease the home. | 902 |
Sec. 3733.111. (A) Within ten days after a manufactured home | 903 |
park is offered for sale, the operator of that park shall notify | 904 |
the manufactured homes commission and advise it of that sale. The | 905 |
commission promptly shall notify persons that are interested in | 906 |
the sale or purchase of manufactured home parks, including persons | 907 |
included on the list the commission develops pursuant to section | 908 |
4781.60 of the Revised Code. | 909 |
(B) At any time a manufactured home park is being sold or | 910 |
converted for a use other than as a manufactured home park, the | 911 |
operator shall do both of the following: | 912 |
(1) Provide each tenant and owner with written notice of the | 913 |
sale or conversion of the park. The notice shall be delivered by | 914 |
certified mail, return receipt requested, or by personal delivery. | 915 |
If the park operator delivers the notice in person, the operator | 916 |
shall have the recipient complete a return showing receipt of the | 917 |
notice. The notice shall include the date by which the tenant or | 918 |
owner must vacate, which for tenants shall be at least one hundred | 919 |
twenty days after receipt of the written notice and for owners | 920 |
shall be at least one hundred eighty days after receipt of the | 921 |
written notice. | 922 |
(2) Pay relocation expenses to owners of homes in an amount | 923 |
the commission establishes by rule pursuant to section 4781.60 of | 924 |
the Revised Code. | 925 |
(C) Within ten days after a mortgagee files to initiate a | 926 |
foreclosure action against a manufactured home park, the mortgagee | 927 |
shall provide written notice of that filing to the manufactured | 928 |
homes commission and a copy of that notice to the court, as | 929 |
section 2323.05 of the Revised Code requires. | 930 |
Sec. 3733.41. As used in sections 3733.41 to 3733.49 of the | 931 |
Revised Code: | 932 |
(A) "Agricultural labor camp" means one or more buildings or | 933 |
structures, trailers, tents, or vehicles, together with any land | 934 |
appertaining thereto, established, operated, or used as temporary | 935 |
living quarters for two or more families or five or more persons | 936 |
intending to engage in or engaged in agriculture or related food | 937 |
processing, whether occupancy is by rent, lease, or mutual | 938 |
agreement. "Agricultural labor camp" does not include a hotel or | 939 |
motel, or a | 940 |
regulated pursuant to sections | 941 |
of the Revised Code, and rules adopted thereunder. | 942 |
(B) "Board of health" means the board of health of a city or | 943 |
general health district or the authority having the duties of a | 944 |
board of health in any city as authorized by section 3709.05 of | 945 |
the Revised Code or an authorized representative of the board of | 946 |
health. | 947 |
(C) "Director" means the director of the department of health | 948 |
or | 949 |
(D) "Licensor" means the director of health. | 950 |
(E) "Person" means the state, any political subdivision, | 951 |
public or private corporation, partnership, association, trust, | 952 |
individual, or other entity. | 953 |
(F) "Public health council" means the public health council | 954 |
as created by section 3701.33 of the Revised Code. | 955 |
Sec. 3733.99. (A) | 956 |
957 | |
958 |
| 959 |
guilty of a minor misdemeanor. Each day that such violation | 960 |
continues is a separate offense. | 961 |
| 962 |
is guilty of a minor misdemeanor. | 963 |
Sec. 3781.06. (A) | 964 |
place of resort, assembly, education, entertainment, lodging, | 965 |
dwelling, trade, manufacture, repair, storage, traffic, or | 966 |
occupancy by the public, any residential building, and all other | 967 |
buildings or parts and appurtenances of those buildings erected | 968 |
within this state, shall be so constructed, erected, equipped, and | 969 |
maintained that they shall be safe and sanitary for their intended | 970 |
use and occupancy. | 971 |
| 972 |
973 | |
974 | |
975 | |
976 |
(B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised | 977 |
Code do not apply to either of the following: | 978 |
(1) Buildings or structures that are incident to the use for | 979 |
agricultural purposes of the land on which the buildings or | 980 |
structures are located, provided those buildings or structures are | 981 |
not used in the business of retail trade. For purposes of this | 982 |
division, a building or structure is not considered used in the | 983 |
business of retail trade if fifty per cent or more of the gross | 984 |
income received from sales of products in the building or | 985 |
structure by the owner or operator is from sales of products | 986 |
produced or raised in a normal crop year on farms owned or | 987 |
operated by the seller. | 988 |
(2) Existing single-family, two-family, and three-family | 989 |
detached dwelling houses for which applications have been | 990 |
submitted to the director of job and family services pursuant to | 991 |
section 5104.03 of the Revised Code for the purposes of operating | 992 |
type A family day-care homes as defined in section 5104.01 of the | 993 |
Revised Code. | 994 |
(C) As used in sections 3781.06 to 3781.18 and 3791.04 of the | 995 |
Revised Code: | 996 |
(1) "Agricultural purposes" include agriculture, farming, | 997 |
dairying, pasturage, apiculture, horticulture, floriculture, | 998 |
viticulture, ornamental horticulture, olericulture, pomiculture, | 999 |
and animal and poultry husbandry. | 1000 |
(2) "Building" means any structure consisting of foundations, | 1001 |
walls, columns, girders, beams, floors, and roof, or a combination | 1002 |
of any number of these parts, with or without other parts or | 1003 |
appurtenances. | 1004 |
(3) "Industrialized unit" means a building unit or assembly | 1005 |
of closed construction fabricated in an off-site facility, that is | 1006 |
substantially self-sufficient as a unit or as part of a greater | 1007 |
structure, and that requires transportation to the site of | 1008 |
intended use. "Industrialized unit" includes units installed on | 1009 |
the site as independent units, as part of a group of units, or | 1010 |
incorporated with standard construction methods to form a | 1011 |
completed structural entity. "Industrialized unit" does not | 1012 |
include a manufactured home as defined by division (C)(4) of this | 1013 |
section or a mobile home as defined by division (O) of section | 1014 |
4501.01 of the Revised Code. | 1015 |
(4) "Manufactured home" means a building unit or assembly of | 1016 |
closed construction that is fabricated in an off-site facility and | 1017 |
constructed in conformance with the federal construction and | 1018 |
safety standards established by the secretary of housing and urban | 1019 |
development pursuant to the "Manufactured Housing Construction and | 1020 |
Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401, | 1021 |
5403, and that has a permanent label or tag affixed to it, as | 1022 |
specified in 42 U.S.C.A. 5415, certifying compliance with all | 1023 |
applicable federal construction and safety standards. | 1024 |
(5) "Permanent foundation" means permanent masonry, concrete, | 1025 |
or a footing or foundation approved by the manufactured homes | 1026 |
commission pursuant to Chapter 4781. of the Revised Code, to which | 1027 |
a manufactured or mobile home may be affixed. | 1028 |
(6) "Permanently sited manufactured home" means a | 1029 |
manufactured home that meets all of the following criteria: | 1030 |
(a) The structure is affixed to a permanent foundation and is | 1031 |
connected to appropriate facilities; | 1032 |
(b) The structure, excluding any addition, has a width of at | 1033 |
least twenty-two feet at one point, a length of at least | 1034 |
twenty-two feet at one point, and a total living area, excluding | 1035 |
garages, porches, or attachments, of at least nine hundred square | 1036 |
feet; | 1037 |
(c) The structure has a minimum 3:12 residential roof pitch, | 1038 |
conventional residential siding, and a six-inch minimum eave | 1039 |
overhang, including appropriate guttering; | 1040 |
(d) The structure was manufactured after January 1, 1995; | 1041 |
(e) The structure is not located in a manufactured home park | 1042 |
as defined by section | 1043 |
(7) "Safe," with respect to a building, means it is free from | 1044 |
danger or hazard to the life, safety, health, or welfare of | 1045 |
persons occupying or frequenting it, or of the public and from | 1046 |
danger of settlement, movement, disintegration, or collapse, | 1047 |
whether such danger arises from the methods or materials of its | 1048 |
construction or from equipment installed therein, for the purpose | 1049 |
of lighting, heating, the transmission or utilization of electric | 1050 |
current, or from its location or otherwise. | 1051 |
(8) "Sanitary," with respect to a building, means it is free | 1052 |
from danger or hazard to the health of persons occupying or | 1053 |
frequenting it or to that of the public, if such danger arises | 1054 |
from the method or materials of its construction or from any | 1055 |
equipment installed therein, for the purpose of lighting, heating, | 1056 |
ventilating, or plumbing. | 1057 |
(9) "Residential building" means a one-family, two-family, or | 1058 |
three-family dwelling house, and any accessory structure | 1059 |
incidental to that dwelling house. "Residential building" includes | 1060 |
a one-family, two-family, or three-family dwelling house that is | 1061 |
used as a model to promote the sale of a similar dwelling house. | 1062 |
"Residential building" does not include an industrialized unit as | 1063 |
defined by division (C)(3) of this section, a manufactured home as | 1064 |
defined by division (C)(4) of this section, or a mobile home as | 1065 |
defined by division (O) of section 4501.01 of the Revised Code. | 1066 |
(10) "Nonresidential building" means any building that is not | 1067 |
a residential building or a manufactured or mobile home. | 1068 |
(11) "Accessory structure" means a structure that is attached | 1069 |
to a residential building and serves the principal use of the | 1070 |
residential building. "Accessory structure" includes, but is not | 1071 |
limited to, a garage, porch, or screened-in patio. | 1072 |
Sec. 4503.061. (A) All manufactured and mobile homes shall | 1073 |
be listed on either the real property tax list or the manufactured | 1074 |
home tax list of the county in which the home has situs. Each | 1075 |
owner shall follow the procedures in this section to identify the | 1076 |
home to the county auditor of the county containing the taxing | 1077 |
district in which the home has situs so that the auditor may place | 1078 |
the home on the appropriate tax list. | 1079 |
(B) When a manufactured or mobile home first acquires situs | 1080 |
in this state and is subject to real property taxation pursuant to | 1081 |
division (B)(1) or (2) of section 4503.06 of the Revised Code, the | 1082 |
owner shall present to the auditor of the county containing the | 1083 |
taxing district in which the home has its situs the certificate of | 1084 |
title for the home, together with proof that all taxes due have | 1085 |
been paid and proof that a relocation notice was obtained for the | 1086 |
home if required under this section. Upon receiving the | 1087 |
certificate of title and the required proofs, the auditor shall | 1088 |
place the home on the real property tax list and proceed to treat | 1089 |
the home as other properties on that list. After the auditor has | 1090 |
placed the home on the tax list of real and public utility | 1091 |
property, the auditor shall deliver the certificate of title to | 1092 |
the clerk of the court of common pleas that issued it pursuant to | 1093 |
section 4505.11 of the Revised Code, and the clerk shall | 1094 |
inactivate the certificate of title. | 1095 |
(C)(1) When a manufactured or mobile home subject to a | 1096 |
manufactured home tax is relocated to or first acquires situs in | 1097 |
any county that has adopted a permanent manufactured home | 1098 |
registration system, as provided in division (F) of this section, | 1099 |
the owner, within thirty days after the home is relocated or first | 1100 |
acquires situs under section 4503.06 of the Revised Code, shall | 1101 |
register the home with the county auditor of the county containing | 1102 |
the taxing district in which the home has its situs. For the first | 1103 |
registration in each county of situs, the owner or vendee in | 1104 |
possession shall present to the county auditor an Ohio certificate | 1105 |
of title, certified copy of the certificate of title, or | 1106 |
memorandum certificate of title as such are required by law, and | 1107 |
proof, as required by the county auditor, that the home, if it has | 1108 |
previously been occupied and is being relocated, has been | 1109 |
previously registered, that all taxes due and required to be paid | 1110 |
under division (H)(1) of this section before a relocation notice | 1111 |
may be issued have been paid, and that a relocation notice was | 1112 |
obtained for the home if required by division (H) of this section. | 1113 |
If the owner or vendee does not possess the Ohio certificate of | 1114 |
title, certified copy of the certificate of title, or memorandum | 1115 |
certificate of title at the time the owner or vendee first | 1116 |
registers the home in a county, the county auditor shall register | 1117 |
the home without presentation of the document, but the owner or | 1118 |
vendee shall present the certificate of title, certified copy of | 1119 |
the certificate of title, or memorandum certificate of title to | 1120 |
the county auditor within fourteen days after the owner or vendee | 1121 |
obtains possession of the document. | 1122 |
(2) When a manufactured or mobile home is registered for the | 1123 |
first time in a county and when the total tax due has been paid as | 1124 |
required by division (F) of section 4503.06 of the Revised Code or | 1125 |
divisions (E) and (H) of this section, the county treasurer shall | 1126 |
note by writing or by a stamp on the certificate of title, | 1127 |
certified copy of certificate of title, or memorandum certificate | 1128 |
of title that the home has been registered and that the taxes due, | 1129 |
if any, have been paid for the preceding five years and for the | 1130 |
current year. The treasurer shall then issue a certificate | 1131 |
evidencing registration and a decal to be displayed on the street | 1132 |
side of the home. The certificate is valid in any county in this | 1133 |
state during the year for which it is issued. | 1134 |
(3) For each year thereafter, the county treasurer shall | 1135 |
issue a tax bill stating the amount of tax due under section | 1136 |
4503.06 of the Revised Code, as provided in division (D)(6) of | 1137 |
that section. When the total tax due has been paid as required by | 1138 |
division (F) of that section, the county treasurer shall issue a | 1139 |
certificate evidencing registration that shall be valid in any | 1140 |
county in this state during the year for which the certificate is | 1141 |
issued. | 1142 |
(4) The permanent decal issued under this division is valid | 1143 |
during the period of ownership, except that when a manufactured | 1144 |
home is relocated in another county the owner shall apply for a | 1145 |
new registration as required by this section and section 4503.06 | 1146 |
of the Revised Code. | 1147 |
(D)(1) All owners of manufactured or mobile homes subject to | 1148 |
the manufactured home tax being relocated to or having situs in a | 1149 |
county that has not adopted a permanent registration system, as | 1150 |
provided in division (F) of this section, shall register the home | 1151 |
within thirty days after the home is relocated or first acquires | 1152 |
situs under section 4503.06 of the Revised Code and thereafter | 1153 |
shall annually register the home with the county auditor of the | 1154 |
county containing the taxing district in which the home has its | 1155 |
situs. | 1156 |
(2) Upon the annual registration, the county treasurer shall | 1157 |
issue a tax bill stating the amount of annual manufactured home | 1158 |
tax due under section 4503.06 of the Revised Code, as provided in | 1159 |
division (D)(6) of that section. When a manufactured or mobile | 1160 |
home is registered and when the tax for the current one-half year | 1161 |
has been paid as required by division (F) of that section, the | 1162 |
county treasurer shall issue a certificate evidencing registration | 1163 |
and a decal. The certificate and decal are valid in any county in | 1164 |
this state during the year for which they are issued. The decal | 1165 |
shall be displayed on the street side of the home. | 1166 |
(3) For the first annual registration in each county of | 1167 |
situs, the county auditor shall require the owner or vendee to | 1168 |
present an Ohio certificate of title, certified copy of the | 1169 |
certificate of title, or memorandum certificate of title as such | 1170 |
are required by law, and proof, as required by the county auditor, | 1171 |
that the manufactured or mobile home has been previously | 1172 |
registered, if such registration was required, that all taxes due | 1173 |
and required to be paid under division (H)(1) of this section | 1174 |
before a relocation notice may be issued have been paid, and that | 1175 |
a relocation notice was obtained for the home if required by | 1176 |
division (H) of this section. If the owner or vendee does not | 1177 |
possess the Ohio certificate of title, certified copy of the | 1178 |
certificate of title, or memorandum certificate of title at the | 1179 |
time the owner or vendee first registers the home in a county, the | 1180 |
county auditor shall register the home without presentation of the | 1181 |
document, but the owner or vendee shall present the certificate of | 1182 |
title, certified copy of the certificate of title, or memorandum | 1183 |
certificate of title to the county auditor within fourteen days | 1184 |
after the owner or vendee obtains possession of the document. When | 1185 |
the county treasurer receives the tax payment, the county | 1186 |
treasurer shall note by writing or by a stamp on the certificate | 1187 |
of title, certified copy of the certificate of title, or | 1188 |
memorandum certificate of title that the home has been registered | 1189 |
for the current year and that the manufactured home taxes due, if | 1190 |
any, have been paid for the preceding five years and for the | 1191 |
current year. | 1192 |
(4) For subsequent annual registrations, the auditor may | 1193 |
require the owner or vendee in possession to present an Ohio | 1194 |
certificate of title, certified copy of the certificate of title, | 1195 |
or memorandum certificate of title to the county treasurer upon | 1196 |
payment of the manufactured home tax that is due. | 1197 |
(E)(1) Upon the application to transfer ownership of a | 1198 |
manufactured or mobile home for which manufactured home taxes are | 1199 |
paid pursuant to division (C) of section 4503.06 of the Revised | 1200 |
Code the clerk of the court of common pleas shall not issue any | 1201 |
certificate of title that does not contain or have attached both | 1202 |
of the following: | 1203 |
(a) An endorsement of the county treasurer stating that the | 1204 |
home has been registered for each year of ownership and that all | 1205 |
manufactured home taxes imposed pursuant to section 4503.06 of the | 1206 |
Revised Code have been paid or that no tax is due; | 1207 |
(b) An endorsement of the county auditor that the | 1208 |
manufactured home transfer tax imposed pursuant to section 322.06 | 1209 |
of the Revised Code and any fees imposed under division (G) of | 1210 |
section 319.54 of the Revised Code have been paid. | 1211 |
(2) If all the taxes have not been paid, the clerk shall | 1212 |
notify the vendee to contact the county treasurer of the county | 1213 |
containing the taxing district in which the home has its situs at | 1214 |
the time of the proposed transfer. The county treasurer shall then | 1215 |
collect all the taxes that are due for the year of the transfer | 1216 |
and all previous years not exceeding a total of five years. The | 1217 |
county treasurer shall distribute that part of the collection owed | 1218 |
to the county treasurer of other counties if the home had its | 1219 |
situs in another county during a particular year when the unpaid | 1220 |
tax became due and payable. The burden to prove the situs of the | 1221 |
home in the years that the taxes were not paid is on the | 1222 |
transferor of the home. Upon payment of the taxes, the county | 1223 |
auditor shall remove all remaining taxes from the manufactured | 1224 |
home tax list and the delinquent manufactured home tax list, and | 1225 |
the county treasurer shall release all liens for such taxes. The | 1226 |
clerk of courts shall issue a certificate of title, free and clear | 1227 |
of all liens for manufactured home taxes, to the transferee of the | 1228 |
home. | 1229 |
(3) Once the transfer is complete and the certificate of | 1230 |
title has been issued, the transferee shall register the | 1231 |
manufactured or mobile home pursuant to division (C) or (D) of | 1232 |
this section with the county auditor of the county containing the | 1233 |
taxing district in which the home remains after the transfer or, | 1234 |
if the home is relocated to another county, with the county | 1235 |
auditor of the county to which the home is relocated. The | 1236 |
transferee need not pay the annual tax for the year of acquisition | 1237 |
if the original owner has already paid the annual tax for that | 1238 |
year. | 1239 |
(F) The county auditor may adopt a permanent registration | 1240 |
system and issue a permanent decal with the first registration as | 1241 |
prescribed by the tax commissioner. | 1242 |
(G) When any manufactured or mobile home required to be | 1243 |
registered by this section is not registered, the county auditor | 1244 |
shall impose a penalty of one hundred dollars upon the owner and | 1245 |
deposit the amount to the credit of the county real estate | 1246 |
assessment fund to be used to pay the costs of administering this | 1247 |
section and section 4503.06 of the Revised Code. If unpaid, the | 1248 |
penalty shall constitute a lien on the home and shall be added by | 1249 |
the county auditor to the manufactured home tax list for | 1250 |
collection. | 1251 |
(H)(1) Except as otherwise provided in this division, before | 1252 |
moving a manufactured or mobile home on public roads from one | 1253 |
address within this state to another address within or outside | 1254 |
this state, the owner of the home shall obtain a relocation | 1255 |
notice, as provided by this section, from the auditor of the | 1256 |
county in which the home is located if the home is currently | 1257 |
subject to taxation pursuant to section 4503.06 of the Revised | 1258 |
Code. The auditor shall charge five dollars for the notice, and | 1259 |
deposit the amount to the credit of the county real estate | 1260 |
assessment fund to be used to pay the costs of administering this | 1261 |
section and section 4503.06 of the Revised Code. The auditor shall | 1262 |
not issue a relocation notice unless all taxes owed on the home | 1263 |
under section 4503.06 of the Revised Code that were first charged | 1264 |
to the home during the period of ownership of the owner seeking | 1265 |
the relocation notice have been paid. If the home is being moved | 1266 |
by a new owner of the home or by a party taking repossession of | 1267 |
the home, the auditor shall not issue a relocation notice unless | 1268 |
all of the taxes due for the preceding five years and for the | 1269 |
current year have been paid. A relocation notice issued by a | 1270 |
county auditor is valid until the last day of December of the year | 1271 |
in which it was issued. | 1272 |
If the home is being moved by a sheriff, police officer, | 1273 |
constable, bailiff, or manufactured home park operator, as defined | 1274 |
in section | 1275 |
any of these persons, for purposes of removal from a manufactured | 1276 |
home park and storage, sale, or destruction under section 1923.14 | 1277 |
of the Revised Code, the auditor shall issue a relocation notice | 1278 |
without requiring payment of any taxes owed on the home under | 1279 |
section 4503.06 of the Revised Code. | 1280 |
(2) If a manufactured or mobile home is not yet subject to | 1281 |
taxation under section 4503.06 of the Revised Code, the owner of | 1282 |
the home shall obtain a relocation notice from the dealer of the | 1283 |
home. Within thirty days after the manufactured or mobile home is | 1284 |
purchased, the dealer of the home shall provide the auditor of the | 1285 |
county in which the home is to be located written notice of the | 1286 |
name of the purchaser of the home, the registration number or | 1287 |
vehicle identification number of the home, and the address or | 1288 |
location to which the home is to be moved. The county auditor | 1289 |
shall provide to each manufactured and mobile home dealer, without | 1290 |
charge, a supply of relocation notices to be distributed to | 1291 |
purchasers pursuant to this section. | 1292 |
(3) The notice shall be in the form of a one-foot square | 1293 |
yellow sign with the words "manufactured home relocation notice" | 1294 |
printed prominently on it. The name of the owner of the home, the | 1295 |
home's registration number or vehicle identification number, the | 1296 |
county and the address or location to which the home is being | 1297 |
moved, and the county in which the notice is issued shall also be | 1298 |
entered on the notice. | 1299 |
(4) The relocation notice must be attached to the rear of the | 1300 |
home when the home is being moved on a public road. Except as | 1301 |
provided in divisions (H)(1) and (5) of this section, no person | 1302 |
shall drive a motor vehicle moving a manufactured or mobile home | 1303 |
on a public road from one address to another address within this | 1304 |
state unless a relocation notice is attached to the rear of the | 1305 |
home. | 1306 |
(5) If the county auditor determines that a manufactured or | 1307 |
mobile home has been moved without a relocation notice as required | 1308 |
under this division, the auditor shall impose a penalty of one | 1309 |
hundred dollars upon the owner of the home and upon the person who | 1310 |
moved the home and deposit the amount to the credit of the county | 1311 |
real estate assessment fund to pay the costs of administering this | 1312 |
section and section 4503.06 of the Revised Code. If the home was | 1313 |
relocated from one county in this state to another county in this | 1314 |
state and the county auditor of the county to which the home was | 1315 |
relocated imposes the penalty, that county auditor, upon | 1316 |
collection of the penalty, shall cause an amount equal to the | 1317 |
penalty to be transmitted from the county real estate assessment | 1318 |
fund to the county auditor of the county from which the home was | 1319 |
relocated, who shall deposit the amount to the credit of the | 1320 |
county real estate assessment fund. If the penalty on the owner is | 1321 |
unpaid, the penalty shall constitute a lien on the home and the | 1322 |
auditor shall add the penalty to the manufactured home tax list | 1323 |
for collection. If the county auditor determines that a dealer | 1324 |
that has sold a manufactured or mobile home has failed to timely | 1325 |
provide the information required under this division, the auditor | 1326 |
shall impose a penalty upon the dealer in the amount of one | 1327 |
hundred dollars. The penalty shall be credited to the county real | 1328 |
estate assessment fund and used to pay the costs of administering | 1329 |
this section and section 4503.06 of the Revised Code. | 1330 |
(I) Whoever violates division (H)(4) of this section is | 1331 |
guilty of a minor misdemeanor. | 1332 |
Sec. 4503.062. (A) Every operator of a manufactured home | 1333 |
court, or manufactured home park, as defined in section | 1334 |
4781.01 of the Revised Code, or when there is no operator, every | 1335 |
owner of property used for such purposes on which three or more | 1336 |
manufactured or mobile homes are located, shall keep a register of | 1337 |
all manufactured and mobile homes that make use of the court, | 1338 |
park, or property. The register shall contain all of the | 1339 |
following: | 1340 |
(1) The name of the owner and all inhabitants of each home; | 1341 |
(2) The ages of all inhabitants of each home; | 1342 |
(3) The permanent and temporary post office addresses of all | 1343 |
inhabitants of each home; | 1344 |
(4) The license number of each home; | 1345 |
(5) The state issuing each such license; | 1346 |
(6) The date of arrival and of departure of each home; | 1347 |
(7) The make and model of each home, if known and if either | 1348 |
of the following applies: | 1349 |
(a) The home enters the court, park, or property on or after | 1350 |
January 1, 2003. | 1351 |
(b) Ownership of the home in the court or park, or on the | 1352 |
property, is transferred on or after January 1, 2003. | 1353 |
(B) The register shall be open to inspection by the county | 1354 |
auditor, the county treasurer, agents of the auditor or treasurer, | 1355 |
and all law enforcement agencies at all times. | 1356 |
(C) Any person who fails to comply with this section shall be | 1357 |
fined not less than twenty-five nor more than one hundred dollars. | 1358 |
Sec. 4517.01. As used in sections 4517.01 to 4517.65 of the | 1359 |
Revised Code: | 1360 |
(A) "Persons" includes individuals, firms, partnerships, | 1361 |
associations, joint stock companies, corporations, and any | 1362 |
combinations of individuals. | 1363 |
(B) "Motor vehicle" means motor vehicle as defined in section | 1364 |
4501.01 of the Revised Code and also includes "all-purpose | 1365 |
vehicle" and "off-highway motorcycle" as those terms are defined | 1366 |
in section 4519.01 of the Revised Code. "Motor vehicle" does not | 1367 |
include a snowmobile as defined in section 4519.01 of the Revised | 1368 |
Code or manufactured and mobile homes. | 1369 |
(C) "New motor vehicle" means a motor vehicle, the legal | 1370 |
title to which has never been transferred by a manufacturer, | 1371 |
remanufacturer, distributor, or dealer to an ultimate purchaser. | 1372 |
(D) "Ultimate purchaser" means, with respect to any new motor | 1373 |
vehicle, the first person, other than a dealer purchasing in the | 1374 |
capacity of a dealer, who in good faith purchases such new motor | 1375 |
vehicle for purposes other than resale. | 1376 |
(E) "Business" includes any activities engaged in by any | 1377 |
person for the object of gain, benefit, or advantage either direct | 1378 |
or indirect. | 1379 |
(F) "Engaging in business" means commencing, conducting, or | 1380 |
continuing in business, or liquidating a business when the | 1381 |
liquidator thereof holds self out to be conducting such business; | 1382 |
making a casual sale or otherwise making transfers in the ordinary | 1383 |
course of business when the transfers are made in connection with | 1384 |
the disposition of all or substantially all of the transferor's | 1385 |
assets is not engaging in business. | 1386 |
(G) "Retail sale" or "sale at retail" means the act or | 1387 |
attempted act of selling, bartering, exchanging, or otherwise | 1388 |
disposing of a motor vehicle to an ultimate purchaser for use as a | 1389 |
consumer. | 1390 |
(H) "Retail installment contract" includes any contract in | 1391 |
the form of a note, chattel mortgage, conditional sales contract, | 1392 |
lease, agreement, or other instrument payable in one or more | 1393 |
installments over a period of time and arising out of the retail | 1394 |
sale of a motor vehicle. | 1395 |
(I) "Farm machinery" means all machines and tools used in the | 1396 |
production, harvesting, and care of farm products. | 1397 |
(J) "Dealer" or "motor vehicle dealer" means any new motor | 1398 |
vehicle dealer, any motor vehicle leasing dealer, and any used | 1399 |
motor vehicle dealer. | 1400 |
(K) "New motor vehicle dealer" means any person engaged in | 1401 |
the business of selling at retail, displaying, offering for sale, | 1402 |
or dealing in new motor vehicles pursuant to a contract or | 1403 |
agreement entered into with the manufacturer, remanufacturer, or | 1404 |
distributor of the motor vehicles. | 1405 |
(L) "Used motor vehicle dealer" means any person engaged in | 1406 |
the business of selling, displaying, offering for sale, or dealing | 1407 |
in used motor vehicles, at retail or wholesale, but does not mean | 1408 |
any new motor vehicle dealer selling, displaying, offering for | 1409 |
sale, or dealing in used motor vehicles incidentally to engaging | 1410 |
in the business of selling, displaying, offering for sale, or | 1411 |
dealing in new motor vehicles, any person engaged in the business | 1412 |
of dismantling, salvaging, or rebuilding motor vehicles by means | 1413 |
of using used parts, or any public officer performing official | 1414 |
duties. | 1415 |
(M) "Motor vehicle leasing dealer" means any person engaged | 1416 |
in the business of regularly making available, offering to make | 1417 |
available, or arranging for another person to use a motor vehicle | 1418 |
pursuant to a bailment, lease, sublease, or other contractual | 1419 |
arrangement under which a charge is made for its use at a periodic | 1420 |
rate for a term of thirty days or more, and title to the motor | 1421 |
vehicle is in and remains in the motor vehicle leasing dealer who | 1422 |
originally leases it, irrespective of whether or not the motor | 1423 |
vehicle is the subject of a later sublease, and not in the user, | 1424 |
but does not mean a manufacturer or its affiliate leasing to its | 1425 |
employees or to dealers. | 1426 |
(N) "Salesperson" means any person employed by a dealer | 1427 |
1428 | |
deal in motor vehicles for a commission, compensation, or other | 1429 |
valuable consideration, but does not mean any public officer | 1430 |
performing official duties. | 1431 |
(O) "Casual sale" means any transfer of a motor vehicle by a | 1432 |
person other than a new motor vehicle dealer, used motor vehicle | 1433 |
dealer, motor vehicle salvage dealer, as defined in division (A) | 1434 |
of section 4738.01 of the Revised Code, salesperson, motor vehicle | 1435 |
auction owner, manufacturer, or distributor acting in the capacity | 1436 |
of a dealer, salesperson, auction owner, manufacturer, or | 1437 |
distributor, to a person who purchases the motor vehicle for use | 1438 |
as a consumer. | 1439 |
(P) "Motor vehicle show" means a display of current models of | 1440 |
motor vehicles whereby the primary purpose is the exhibition of | 1441 |
competitive makes and models in order to provide the general | 1442 |
public the opportunity to review and inspect various makes and | 1443 |
models of motor vehicles at a single location. | 1444 |
(Q) "Motor vehicle auction owner" means any person who is | 1445 |
engaged wholly or in part in the business of auctioning motor | 1446 |
vehicles. | 1447 |
(R) "Manufacturer" means a person who manufactures, | 1448 |
assembles, or imports motor vehicles, including motor homes, but | 1449 |
does not mean a person who only assembles or installs a body, | 1450 |
special equipment unit, finishing trim, or accessories on a motor | 1451 |
vehicle chassis supplied by a manufacturer or distributor. | 1452 |
(S) "Tent-type fold-out camping trailer" means any vehicle | 1453 |
intended to be used, when stationary, as a temporary shelter with | 1454 |
living and sleeping facilities, and that is subject to the | 1455 |
following properties and limitations: | 1456 |
(1) A minimum of twenty-five per cent of the fold-out portion | 1457 |
of the top and sidewalls combined must be constructed of canvas, | 1458 |
vinyl, or other fabric, and form an integral part of the shelter. | 1459 |
(2) When folded, the unit must not exceed: | 1460 |
(a) Fifteen feet in length, exclusive of bumper and tongue; | 1461 |
(b) Sixty inches in height from the point of contact with the | 1462 |
ground; | 1463 |
(c) Eight feet in width; | 1464 |
(d) One ton gross weight at time of sale. | 1465 |
(T) "Distributor" means any person authorized by a motor | 1466 |
vehicle manufacturer to distribute new motor vehicles to licensed | 1467 |
new motor vehicle dealers, but does not mean a person who only | 1468 |
assembles or installs a body, special equipment unit, finishing | 1469 |
trim, or accessories on a motor vehicle chassis supplied by a | 1470 |
manufacturer or distributor. | 1471 |
(U) "Flea market" means a market place, other than a dealer's | 1472 |
location licensed under this chapter, where a space or location is | 1473 |
provided for a fee or compensation to a seller to exhibit and | 1474 |
offer for sale or trade, motor vehicles to the general public. | 1475 |
(V) "Franchise" means any written agreement, contract, or | 1476 |
understanding between any motor vehicle manufacturer or | 1477 |
remanufacturer engaged in commerce and any motor vehicle dealer | 1478 |
that purports to fix the legal rights and liabilities of the | 1479 |
parties to such agreement, contract, or understanding. | 1480 |
(W) "Franchisee" means a person who receives new motor | 1481 |
vehicles from the franchisor under a franchise agreement and who | 1482 |
offers, sells, and provides service for such new motor vehicles to | 1483 |
the general public. | 1484 |
(X) "Franchisor" means a new motor vehicle manufacturer, | 1485 |
remanufacturer, or distributor who supplies new motor vehicles | 1486 |
under a franchise agreement to a franchisee. | 1487 |
(Y) "Dealer organization" means a state or local trade | 1488 |
association the membership of which is comprised predominantly of | 1489 |
new motor vehicle dealers. | 1490 |
(Z) "Factory representative" means a representative employed | 1491 |
by a manufacturer, remanufacturer, or by a factory branch | 1492 |
primarily for the purpose of promoting the sale of its motor | 1493 |
vehicles, parts, or accessories to dealers or for supervising or | 1494 |
contacting its dealers or prospective dealers. | 1495 |
(AA) "Administrative or executive management" means those | 1496 |
individuals who are not subject to federal wage and hour laws. | 1497 |
(BB) "Good faith" means honesty in the conduct or transaction | 1498 |
concerned and the observance of reasonable commercial standards of | 1499 |
fair dealing in the trade as is defined in division (S) of section | 1500 |
1301.01 of the Revised Code, including, but not limited to, the | 1501 |
duty to act in a fair and equitable manner so as to guarantee | 1502 |
freedom from coercion, intimidation, or threats of coercion or | 1503 |
intimidation; provided however, that recommendation, endorsement, | 1504 |
exposition, persuasion, urging, or argument shall not be | 1505 |
considered to constitute a lack of good faith. | 1506 |
(CC) "Coerce" means to compel or attempt to compel by failing | 1507 |
to act in good faith or by threat of economic harm, breach of | 1508 |
contract, or other adverse consequences. Coerce does not mean to | 1509 |
argue, urge, recommend, or persuade. | 1510 |
(DD) "Relevant market area" means any area within a radius of | 1511 |
ten miles from the site of a potential new dealership, except that | 1512 |
for manufactured home or recreational vehicle dealerships the | 1513 |
radius shall be twenty-five miles. The ten-mile radius shall be | 1514 |
measured from the dealer's established place of business that is | 1515 |
used exclusively for the purpose of selling, displaying, offering | 1516 |
for sale, or dealing in motor vehicles. | 1517 |
(EE) "Wholesale" or "at wholesale" means the act or attempted | 1518 |
act of selling, bartering, exchanging, or otherwise disposing of a | 1519 |
motor vehicle to a transferee for the purpose of resale and not | 1520 |
for ultimate consumption by that transferee. | 1521 |
(FF) "Motor vehicle wholesaler" means any person licensed as | 1522 |
a dealer under the laws of another state and engaged in the | 1523 |
business of selling, displaying, or offering for sale used motor | 1524 |
vehicles, at wholesale, but does not mean any motor vehicle dealer | 1525 |
as defined in this section. | 1526 |
(GG)(1) "Remanufacturer" means a person who assembles or | 1527 |
installs passenger seating, walls, a roof elevation, or a body | 1528 |
extension on a conversion van with the motor vehicle chassis | 1529 |
supplied by a manufacturer or distributor, a person who modifies a | 1530 |
truck chassis supplied by a manufacturer or distributor for use as | 1531 |
a public safety or public service vehicle, a person who modifies a | 1532 |
motor vehicle chassis supplied by a manufacturer or distributor | 1533 |
for use as a limousine or hearse, or a person who modifies an | 1534 |
incomplete motor vehicle cab and chassis supplied by a new motor | 1535 |
vehicle dealer or distributor for use as a tow truck, but does not | 1536 |
mean either of the following: | 1537 |
(a) A person who assembles or installs passenger seating, a | 1538 |
roof elevation, or a body extension on a recreational vehicle as | 1539 |
defined in division (Q) and referred to in division (B) of section | 1540 |
4501.01 of the Revised Code; | 1541 |
(b) A person who assembles or installs special equipment or | 1542 |
accessories for handicapped persons, as defined in section 4503.44 | 1543 |
of the Revised Code, upon a motor vehicle chassis supplied by a | 1544 |
manufacturer or distributor. | 1545 |
(2) For the purposes of division (GG)(1) of this section, | 1546 |
"public safety vehicle or public service vehicle" means a fire | 1547 |
truck, ambulance, school bus, street sweeper, garbage packing | 1548 |
truck, or cement mixer, or a mobile self-contained facility | 1549 |
vehicle. | 1550 |
(3) For the purposes of division (GG)(1) of this section, | 1551 |
"limousine" means a motor vehicle, designed only for the purpose | 1552 |
of carrying nine or fewer passengers, that a person modifies by | 1553 |
cutting the original chassis, lengthening the wheelbase by forty | 1554 |
inches or more, and reinforcing the chassis in such a way that all | 1555 |
modifications comply with all applicable federal motor vehicle | 1556 |
safety standards. No person shall qualify as or be deemed to be a | 1557 |
remanufacturer who produces limousines unless the person has a | 1558 |
written agreement with the manufacturer of the chassis the person | 1559 |
utilizes to produce the limousines to complete properly the | 1560 |
remanufacture of the chassis into limousines. | 1561 |
(4) For the purposes of division (GG)(1) of this section, | 1562 |
"hearse" means a motor vehicle, designed only for the purpose of | 1563 |
transporting a single casket, that is equipped with a compartment | 1564 |
designed specifically to carry a single casket that a person | 1565 |
modifies by cutting the original chassis, lengthening the | 1566 |
wheelbase by ten inches or more, and reinforcing the chassis in | 1567 |
such a way that all modifications comply with all applicable | 1568 |
federal motor vehicle safety standards. No person shall qualify as | 1569 |
or be deemed to be a remanufacturer who produces hearses unless | 1570 |
the person has a written agreement with the manufacturer of the | 1571 |
chassis the person utilizes to produce the hearses to complete | 1572 |
properly the remanufacture of the chassis into hearses. | 1573 |
(5) For the purposes of division (GG)(1) of this section, | 1574 |
"mobile self-contained facility vehicle" means a mobile classroom | 1575 |
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile, | 1576 |
testing laboratory, and mobile display vehicle, each of which is | 1577 |
designed for purposes other than for passenger transportation and | 1578 |
other than the transportation or displacement of cargo, freight, | 1579 |
materials, or merchandise. A vehicle is remanufactured into a | 1580 |
mobile self-contained facility vehicle in part by the addition of | 1581 |
insulation to the body shell, and installation of all of the | 1582 |
following: a generator, electrical wiring, plumbing, holding | 1583 |
tanks, doors, windows, cabinets, shelving, and heating, | 1584 |
ventilating, and air conditioning systems. | 1585 |
(6) For the purposes of division (GG)(1) of this section, | 1586 |
"tow truck" means both of the following: | 1587 |
(a) An incomplete cab and chassis that are purchased by a | 1588 |
remanufacturer from a new motor vehicle dealer or distributor of | 1589 |
the cab and chassis and on which the remanufacturer then installs | 1590 |
in a permanent manner a wrecker body it purchases from a | 1591 |
manufacturer or distributor of wrecker bodies, installs an | 1592 |
emergency flashing light pylon and emergency lights upon the mast | 1593 |
of the wrecker body or rooftop, and installs such other related | 1594 |
accessories and equipment, including push bumpers, front grille | 1595 |
guards with pads and other custom-ordered items such as painting, | 1596 |
special lettering, and safety striping so as to create a complete | 1597 |
motor vehicle capable of lifting and towing another motor vehicle. | 1598 |
(b) An incomplete cab and chassis that are purchased by a | 1599 |
remanufacturer from a new motor vehicle dealer or distributor of | 1600 |
the cab and chassis and on which the remanufacturer then installs | 1601 |
in a permanent manner a car carrier body it purchases from a | 1602 |
manufacturer or distributor of car carrier bodies, installs an | 1603 |
emergency flashing light pylon and emergency lights upon the | 1604 |
rooftop, and installs such other related accessories and | 1605 |
equipment, including push bumpers, front grille guards with pads | 1606 |
and other custom-ordered items such as painting, special | 1607 |
lettering, and safety striping. | 1608 |
As used in division (GG)(6)(b) of this section, "car carrier | 1609 |
body" means a mechanical or hydraulic apparatus capable of lifting | 1610 |
and holding a motor vehicle on a flat level surface so that one or | 1611 |
more motor vehicles can be transported, once the car carrier is | 1612 |
permanently installed upon an incomplete cab and chassis. | 1613 |
(HH) "Operating as a new motor vehicle dealership" means | 1614 |
engaging in activities such as displaying, offering for sale, and | 1615 |
selling new motor vehicles at retail, operating a service facility | 1616 |
to perform repairs and maintenance on motor vehicles, offering for | 1617 |
sale and selling motor vehicle parts at retail, and conducting all | 1618 |
other acts that are usual and customary to the operation of a new | 1619 |
motor vehicle dealership. For the purposes of this chapter only, | 1620 |
possession of either a valid new motor vehicle dealer franchise | 1621 |
agreement or a new motor vehicle dealers license, or both of these | 1622 |
items, is not evidence that a person is operating as a new motor | 1623 |
vehicle dealership. | 1624 |
(II) "Outdoor power equipment" means garden and small utility | 1625 |
tractors, walk-behind and riding mowers, chainsaws, and tillers. | 1626 |
(JJ) "Remote service facility" means premises that are | 1627 |
separate from a licensed new motor vehicle dealer's sales facility | 1628 |
by not more than one mile and that are used by the dealer to | 1629 |
perform repairs, warranty work, recall work, and maintenance on | 1630 |
motor vehicles pursuant to a franchise agreement entered into with | 1631 |
a manufacturer of motor vehicles. A remote service facility shall | 1632 |
be deemed to be part of the franchise agreement and is subject to | 1633 |
all the rights, duties, obligations, and requirements of Chapter | 1634 |
4517. of the Revised Code that relate to the performance of motor | 1635 |
vehicle repairs, warranty work, recall work, and maintenance work | 1636 |
by new motor vehicle dealers. | 1637 |
Sec. 4517.04. Each person applying for a new motor vehicle | 1638 |
dealer's license shall | 1639 |
the registrar of motor vehicles, before the first day of April, | 1640 |
and upon a blank to be furnished by the registrar for that | 1641 |
purpose, a separate application for license for each county in | 1642 |
which the business of selling new motor vehicles is to be | 1643 |
conducted. The application shall be in the form prescribed by the | 1644 |
registrar, shall be signed and sworn to by the applicant, and, in | 1645 |
addition to any other information required by the registrar, shall | 1646 |
include the following: | 1647 |
(A) Name of applicant and location of principal place of | 1648 |
business; | 1649 |
(B) Name or style under which business is to be conducted | 1650 |
and, if a corporation, the state of incorporation; | 1651 |
(C) Name and address of each owner or partner and, if a | 1652 |
corporation, the names of the officers and directors; | 1653 |
(D) The county in which the business is to be conducted and | 1654 |
the address of each place of business therein; | 1655 |
(E) A statement of the previous history, record, and | 1656 |
association of the applicant and of each owner, partner, officer, | 1657 |
and director, that shall be sufficient to establish to the | 1658 |
satisfaction of the registrar the reputation in business of the | 1659 |
applicant; | 1660 |
(F) A statement showing whether the applicant has previously | 1661 |
applied for a motor vehicle dealer's license, motor vehicle | 1662 |
leasing dealer's license, | 1663 |
distributor's license, motor vehicle auction owner's license, or | 1664 |
motor vehicle salesperson's license, and the result of the | 1665 |
application, and whether the applicant has ever been the holder of | 1666 |
any such license that was revoked or suspended; | 1667 |
(G) If the applicant is a corporation or partnership, a | 1668 |
statement showing whether any partner, employee, officer, or | 1669 |
director has been refused a motor vehicle dealer's license, motor | 1670 |
vehicle leasing dealer's license, | 1671 |
1672 | |
license, or motor vehicle salesperson's license, or has been the | 1673 |
holder of any such license that was revoked or suspended; | 1674 |
(H) A statement of the makes of new motor vehicles to be | 1675 |
handled. | 1676 |
The statement required by division (E) of this section shall | 1677 |
indicate whether the applicant or, if applicable, any of the | 1678 |
applicant's owners, partners, officers, or directors, | 1679 |
individually, or as owner, partner, officer, or director of a | 1680 |
business entity, has been convicted of, pleaded guilty, or pleaded | 1681 |
no contest, in a criminal action, or had a judgment rendered | 1682 |
against | 1683 |
sections 4549.41 to 4549.46 of the Revised Code, of any | 1684 |
substantively comparable provisions of the law of any other state, | 1685 |
or of subchapter IV of the "Motor Vehicle Information and Cost | 1686 |
Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981. | 1687 |
A true copy of the contract, agreement, or understanding the | 1688 |
applicant has entered into or is about to enter into with the | 1689 |
manufacturer or distributor of the new motor vehicles the | 1690 |
applicant will handle shall be filed with the application. If the | 1691 |
contract, agreement, or understanding is not in writing, a written | 1692 |
statement of all the terms thereof shall be filed. Each such copy | 1693 |
or statement shall bear a certificate signed by each party to the | 1694 |
contract, agreement, or understanding, to the effect that the copy | 1695 |
or statement is true and complete and contains all of the | 1696 |
agreements made or about to be made between the parties. | 1697 |
The application also shall be accompanied by a photograph, as | 1698 |
prescribed by the registrar, of each place of business operated, | 1699 |
or to be operated, by the applicant. | 1700 |
Sec. 4517.09. Each person applying for a salesperson's | 1701 |
license shall | 1702 |
registrar of motor vehicles, before the first day of July and upon | 1703 |
a blank to be furnished by the registrar for that purpose, an | 1704 |
application for license. The application shall be in the form | 1705 |
prescribed by the registrar, shall be signed and sworn to by the | 1706 |
applicant, and, in addition to any other information required by | 1707 |
the registrar, shall include the following: | 1708 |
(A) Name and post-office address of the applicant; | 1709 |
(B) Name and post-office address of the motor vehicle dealer | 1710 |
1711 | |
as salesperson; | 1712 |
(C) A statement of the applicant's previous history, record, | 1713 |
and association, that shall be sufficient to establish to the | 1714 |
satisfaction of the registrar the applicant's reputation in | 1715 |
business; | 1716 |
(D) A statement as to whether the applicant intends to engage | 1717 |
in any occupation or business other than that of a motor vehicle | 1718 |
salesperson; | 1719 |
(E) A statement as to whether the applicant has ever had any | 1720 |
previous application refused, and whether the applicant has | 1721 |
previously had a license revoked or suspended; | 1722 |
(F) A statement as to whether the applicant was an employee | 1723 |
of or salesperson for a dealer | 1724 |
license was suspended or revoked; | 1725 |
(G) A statement of the motor vehicle dealer | 1726 |
1727 | |
dealer's | 1728 |
The statement required by division (C) of this section shall | 1729 |
indicate whether the applicant individually, or as an owner, | 1730 |
partner, officer, or director of a business entity, has been | 1731 |
convicted of, or pleaded guilty to, in a criminal action, or had a | 1732 |
judgment rendered against the applicant in a civil action for, a | 1733 |
violation of sections 4549.41 to 4549.46 of the Revised Code, of | 1734 |
any substantively comparable provisions of the law of any other | 1735 |
state, or of subchapter IV of the "Motor Vehicle Information and | 1736 |
Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981. | 1737 |
Sec. 4517.10. At the time the registrar of motor vehicles | 1738 |
grants the application of any person for a license as motor | 1739 |
vehicle dealer, motor vehicle leasing dealer, | 1740 |
1741 | |
salesperson, the registrar shall issue to the person a license. | 1742 |
The registrar shall prescribe different forms for the licenses of | 1743 |
motor vehicle dealers, motor vehicle leasing dealers, | 1744 |
1745 | |
motor vehicle salespersons, and all licenses shall include the | 1746 |
name and post-office address of the person licensed. | 1747 |
The fee for a dealer's license | 1748 |
dealer's license | 1749 |
be fifty dollars, and the fee for a salesperson's license shall be | 1750 |
ten dollars. The fee for a motor vehicle auction owner's license | 1751 |
shall be one hundred dollars for each location. The fee for a | 1752 |
distributor's license shall be one hundred dollars for each | 1753 |
distributorship. In all cases, the fee shall accompany the | 1754 |
application for license. | 1755 |
The registrar may require each applicant for a license issued | 1756 |
under this chapter to pay an additional fee, which shall be used | 1757 |
by the registrar to pay the costs of obtaining a record of any | 1758 |
arrests and convictions of the applicant from the Ohio bureau of | 1759 |
identification and investigation. The amount of the fee shall be | 1760 |
equal to that paid by the registrar to obtain such record. | 1761 |
If a dealer | 1762 |
1763 | |
the county, the dealer | 1764 |
such form as the registrar prescribes, for a certified copy of the | 1765 |
license issued to the dealer | 1766 |
place of business operated. In the event of the loss, mutilation, | 1767 |
or destruction of a license issued under sections 4517.01 to | 1768 |
4517.65 of the Revised Code, any licensee may make application to | 1769 |
the registrar, in such form as the registrar prescribes, for a | 1770 |
duplicate copy thereof. The fee for a certified or duplicate copy | 1771 |
of a dealer's, motor vehicle leasing dealer's, | 1772 |
1773 | |
dollars, and the fee for a duplicate copy of a salesperson's | 1774 |
license is one dollar. All fees for such copies shall accompany | 1775 |
the applications. | 1776 |
Beginning on | 1777 |
16, 2004, all dealers' licenses, motor vehicle leasing dealers' | 1778 |
licenses, | 1779 |
licenses, auction owners' licenses, and all salespersons' licenses | 1780 |
issued or renewed shall expire biennially on a day within the | 1781 |
two-year cycle that is prescribed by the registrar, unless sooner | 1782 |
suspended or revoked. Before the first day after the day | 1783 |
prescribed by the registrar in the year that the license expires, | 1784 |
each licensed dealer, motor vehicle leasing dealer,
| 1785 |
1786 | |
salesperson, in the year in which the license will expire, shall | 1787 |
file an application, in such form as the registrar prescribes, for | 1788 |
the renewal of such license. The fee provided in this section for | 1789 |
the original license shall accompany the application. | 1790 |
Any salesperson's license shall be suspended upon the | 1791 |
termination, suspension, or revocation of the license of the motor | 1792 |
vehicle dealer | 1793 |
salesperson is acting, or upon the salesperson leaving the service | 1794 |
of the motor vehicle dealer | 1795 |
that upon the termination, suspension, or revocation of the | 1796 |
license of the motor vehicle dealer | 1797 |
for whom the salesperson is acting, or upon the salesperson | 1798 |
leaving the service of a licensed motor vehicle dealer | 1799 |
1800 | |
the service of any other licensed motor vehicle dealer | 1801 |
1802 | |
in such form as the registrar prescribes, to have the | 1803 |
salesperson's license reinstated, transferred, and registered as a | 1804 |
salesperson for the other dealer | 1805 |
contained in the application is satisfactory to the registrar, the | 1806 |
registrar shall have the salesperson's license reinstated, | 1807 |
transferred, and registered as a salesperson for the other dealer | 1808 |
1809 | |
shall be two dollars. No license issued to a dealer, motor vehicle | 1810 |
leasing dealer, auction owner, | 1811 |
salesperson, under sections 4517.01 to 4517.65 of the Revised Code | 1812 |
shall be transferable to any other person. | 1813 |
Each dealer, motor vehicle leasing dealer, | 1814 |
1815 | |
certified copy thereof and, in the case of a dealer | 1816 |
current list of the dealer's | 1817 |
salespersons, showing the names, addresses, and serial numbers of | 1818 |
their licenses, posted in a conspicuous place in each place of | 1819 |
business. Each salesperson shall carry the salesperson's license | 1820 |
or a certified copy thereof and shall exhibit such license or copy | 1821 |
upon demand to any inspector of the bureau of motor vehicles, | 1822 |
state highway patrol trooper, police officer, or person with whom | 1823 |
the salesperson seeks to transact business as a motor vehicle | 1824 |
salesperson. | 1825 |
The notice of refusal to grant a license shall disclose the | 1826 |
reason for refusal. | 1827 |
Sec. 4517.12. (A) The registrar of motor vehicles shall deny | 1828 |
the application of any person for a license as a motor vehicle | 1829 |
dealer, motor vehicle leasing dealer, | 1830 |
motor vehicle auction owner and refuse to issue the license if the | 1831 |
registrar finds that the applicant: | 1832 |
(1) Has made any false statement of a material fact in the | 1833 |
application; | 1834 |
(2) Has not complied with sections 4517.01 to 4517.45 of the | 1835 |
Revised Code; | 1836 |
(3) Is of bad business repute or has habitually defaulted on | 1837 |
financial obligations; | 1838 |
(4) Is engaged or will engage in the business of selling at | 1839 |
retail any new motor vehicles without having written authority | 1840 |
from the manufacturer or distributor thereof to sell new motor | 1841 |
vehicles and to perform repairs under the terms of the | 1842 |
manufacturer's or distributor's new motor vehicle warranty, except | 1843 |
as provided in division (C) of this section and except that a | 1844 |
person who assembles or installs special equipment or accessories | 1845 |
for handicapped persons, as defined in section 4503.44 of the | 1846 |
Revised Code, upon a motor vehicle chassis supplied by a | 1847 |
manufacturer or distributor shall not be denied a license pursuant | 1848 |
to division (A)(4) of this section; | 1849 |
(5) Has been guilty of a fraudulent act in connection with | 1850 |
selling or otherwise dealing in, or leasing, motor vehicles, or in | 1851 |
connection with brokering manufactured homes; | 1852 |
(6) Has entered into or is about to enter into a contract or | 1853 |
agreement with a manufacturer or distributor of motor vehicles | 1854 |
that is contrary to sections 4517.01 to 4517.45 of the Revised | 1855 |
Code; | 1856 |
(7) Is insolvent; | 1857 |
(8) Is of insufficient responsibility to ensure the prompt | 1858 |
payment of any final judgments that might reasonably be entered | 1859 |
against the applicant because of the transaction of business as a | 1860 |
motor vehicle dealer, motor vehicle leasing dealer, | 1861 |
1862 | |
the license applied for, or has failed to satisfy any such | 1863 |
judgment; | 1864 |
(9) Has no established place of business that, where | 1865 |
applicable, is used or will be used for the purpose of selling, | 1866 |
displaying, offering for sale, dealing in, or leasing motor | 1867 |
vehicles at the location for which application is made; | 1868 |
(10) Has, less than twelve months prior to making | 1869 |
application, been denied a motor vehicle dealer's, motor vehicle | 1870 |
leasing dealer's, | 1871 |
auction owner's license, or has any such license revoked. | 1872 |
(B) If the applicant is a corporation or partnership, the | 1873 |
registrar may refuse to issue a license if any officer, director, | 1874 |
or partner of the applicant has been guilty of any act or omission | 1875 |
that would be cause for refusing or revoking a license issued to | 1876 |
such officer, director, or partner as an individual. The | 1877 |
registrar's finding may be based upon facts contained in the | 1878 |
application or upon any other information the registrar may have. | 1879 |
Immediately upon denying an application for any of the reasons in | 1880 |
this section, the registrar shall enter a final order together | 1881 |
with the registrar's findings and certify the same to the motor | 1882 |
vehicle dealers' and salespersons' licensing board. | 1883 |
(C) Notwithstanding division (A)(4) of this section, the | 1884 |
registrar shall not deny the application of any person and refuse | 1885 |
to issue a license if the registrar finds that the applicant is | 1886 |
engaged or will engage in the business of selling at retail any | 1887 |
new motor vehicles and demonstrates all of the following in the | 1888 |
form prescribed by the registrar: | 1889 |
(1) That the applicant has posted a bond, surety, or | 1890 |
certificate of deposit with the registrar in an amount not less | 1891 |
than one hundred thousand dollars for the protection and benefit | 1892 |
of the applicant's customers except that a new motor vehicle | 1893 |
dealer who is not exclusively engaged in the business of selling | 1894 |
remanufactured vehicles shall not be required to post the bond, | 1895 |
surety, or certificate of deposit otherwise required by division | 1896 |
(C)(1) of this section; | 1897 |
(2) | 1898 |
1899 | |
1900 | |
1901 | |
1902 | |
1903 | |
1904 | |
1905 | |
1906 | |
1907 | |
1908 | |
1909 | |
1910 | |
1911 | |
1912 | |
1913 | |
1914 | |
1915 |
| 1916 |
customer of the applicant will be furnished with a warranty issued | 1917 |
by the remanufacturer for a term of at least one year; | 1918 |
| 1919 |
applicant's location and place of business a permanent facility | 1920 |
with all of the following: | 1921 |
(a) A showroom with space, under roof, for the display of at | 1922 |
least one new motor vehicle; | 1923 |
(b) A service and parts facility for remanufactured vehicles; | 1924 |
(c) Full-time service and parts personnel with the proper | 1925 |
training and technical expertise to service the remanufactured | 1926 |
vehicles sold by the applicant. | 1927 |
Sec. 4517.13. The registrar of motor vehicles shall deny the | 1928 |
application of any person for a license as a distributor and | 1929 |
refuse to issue the license if the registrar finds that the | 1930 |
applicant: | 1931 |
(A) Has made any false statement of a material fact in the | 1932 |
application; | 1933 |
(B) Has not complied with sections 4517.01 to 4517.45 of the | 1934 |
Revised Code; | 1935 |
(C) Is of bad business repute or has habitually defaulted on | 1936 |
financial obligations; | 1937 |
(D) Is engaged or will engage in the business of distributing | 1938 |
any new motor vehicle without having the authority of a contract | 1939 |
with the manufacturer of the vehicle; | 1940 |
(E) Has been guilty of a fraudulent act in connection with | 1941 |
selling or otherwise dealing in motor vehicles; | 1942 |
(F) Has entered into or is about to enter into a contract or | 1943 |
agreement with a manufacturer of motor vehicles that is contrary | 1944 |
to sections 4517.01 to 4517.45 of the Revised Code; | 1945 |
(G) Is insolvent; | 1946 |
(H) Is of insufficient responsibility to ensure the prompt | 1947 |
payment of any financial judgment that might reasonably be entered | 1948 |
against the applicant because of the transaction of business as a | 1949 |
distributor during the period of the license applied for, or has | 1950 |
failed to satisfy any such judgment; | 1951 |
(I) Has no established place of business that, where | 1952 |
applicable, is used or will be used exclusively for the purpose of | 1953 |
distributing new motor vehicles at the location for which | 1954 |
application is made; | 1955 |
(J) Has, less than twelve months prior to making application, | 1956 |
been denied a distributor's, motor vehicle dealer's, motor vehicle | 1957 |
leasing dealer's, | 1958 |
auction owner's license, or had any such license revoked. | 1959 |
If the applicant is a corporation or partnership, the | 1960 |
registrar may refuse to issue a license if any officer, director, | 1961 |
employee, or partner of the applicant has been guilty of any act | 1962 |
or omission that would be cause for refusing or revoking a license | 1963 |
issued to such officer, director, employee, or partner as an | 1964 |
individual. The registrar's finding may be based upon facts | 1965 |
contained in the application or upon any other information the | 1966 |
registrar may have. Immediately upon denying an application for | 1967 |
any of the reasons in this section, the registrar shall enter a | 1968 |
final order together with the registrar's findings and certify the | 1969 |
same to the motor vehicle dealers board. | 1970 |
Sec. 4517.14. The registrar of motor vehicles shall deny the | 1971 |
application of any person for a license as a salesperson and | 1972 |
refuse to issue the license if the registrar finds that the | 1973 |
applicant: | 1974 |
(A) Has made any false statement of a material fact in the | 1975 |
application; | 1976 |
(B) Has not complied with sections 4517.01 to 4517.45 of the | 1977 |
Revised Code; | 1978 |
(C) Is of bad business repute or has habitually defaulted on | 1979 |
financial obligations; | 1980 |
(D) Has been guilty of a fraudulent act in connection with | 1981 |
selling or otherwise dealing in motor vehicles; | 1982 |
(E) Has not been designated to act as salesperson for a motor | 1983 |
vehicle dealer | 1984 |
in this state under section 4517.10 of the Revised Code, or | 1985 |
intends to act as salesperson for more than one licensed motor | 1986 |
vehicle dealer | 1987 |
except that a licensed salesperson may act as a salesperson at any | 1988 |
licensed dealership owned or operated by the same | 1989 |
company, regardless of the county in which the dealership's | 1990 |
facility is located; | 1991 |
(F) Holds a current motor vehicle dealer's | 1992 |
1993 | |
Code, and intends to act as salesperson for another licensed motor | 1994 |
vehicle dealer | 1995 |
(G) Has, less than twelve months prior to making application, | 1996 |
been denied a salesperson's license or had a salesperson's license | 1997 |
revoked. | 1998 |
The registrar may refuse to issue a salesperson's license to | 1999 |
an applicant who was salesperson for, or in the employ of, a motor | 2000 |
vehicle dealer | 2001 |
dealer's | 2002 |
may be based upon any statement contained in the application or | 2003 |
upon any facts within the registrar's knowledge, and, immediately | 2004 |
upon refusing to issue a salesperson's license, the registrar | 2005 |
shall enter a final order and shall certify the final order | 2006 |
together with his findings to the motor vehicle dealers board. | 2007 |
Sec. 4517.23. (A) Any licensed motor vehicle dealer, motor | 2008 |
vehicle leasing dealer, | 2009 |
shall notify the registrar of motor vehicles concerning any change | 2010 |
in status as a dealer, motor vehicle leasing dealer, | 2011 |
2012 | |
dealer, | 2013 |
status concerns any of the following: | 2014 |
(1) Personnel of owners, partners, officers, or directors; | 2015 |
(2) Location of office or principal place of business; | 2016 |
(3) In the case of a motor vehicle dealer, any contract or | 2017 |
agreement with any manufacturer or distributor; and in the case of | 2018 |
a distributor, any contract or agreement with any manufacturer. | 2019 |
(B) The notification required by division (A) of this section | 2020 |
shall be made by filing with the registrar, within fifteen days | 2021 |
after the change of status, a supplemental statement in a form | 2022 |
prescribed by the registrar showing in what respect the status has | 2023 |
been changed. If the change involves a change in any contract or | 2024 |
agreement between any manufacturer or distributor, and dealer, or | 2025 |
any manufacturer and distributor, the supplemental statement shall | 2026 |
be accompanied by such copies of contracts, statements, and | 2027 |
certificates as would have been required by sections 4517.01 to | 2028 |
4517.45 of the Revised Code if the change had occurred prior to | 2029 |
the licensee's application for license. | 2030 |
The motor vehicle dealers board may adopt a rule exempting | 2031 |
from the notification requirement of division (A)(1) of this | 2032 |
section any dealer if stock in the dealer or its parent company is | 2033 |
publicly traded and if there are public records with state or | 2034 |
federal agencies that provide the information required by division | 2035 |
(A)(1) of this section. | 2036 |
(C) Whoever violates this section is guilty of a misdemeanor | 2037 |
of the fourth degree. | 2038 |
Sec. 4517.24. (A) No two motor vehicle dealers shall engage | 2039 |
in business at the same location, unless they agree to be jointly, | 2040 |
severally, and personally liable for any liability arising from | 2041 |
their engaging in business at the same location. The agreement | 2042 |
shall be filed with the motor vehicle dealers board, and shall | 2043 |
also be made a part of the articles of incorporation of each such | 2044 |
dealer filed with the secretary of state. Whenever the board has | 2045 |
reason to believe that a dealer who has entered into such an | 2046 |
agreement has revoked the agreement but continues to engage in | 2047 |
business at the same location, the board shall revoke the dealer's | 2048 |
license. | 2049 |
(B) | 2050 |
2051 | |
2052 |
| 2053 |
of the fourth degree. | 2054 |
Sec. 4517.44. (A) No manufacturer or distributor of motor | 2055 |
vehicles, dealer in motor vehicles, | 2056 |
nor any owner, proprietor, person in control, or keeper of any | 2057 |
garage, stable, shop, or other place of business, shall fail to | 2058 |
keep or cause to be kept any record required by law. | 2059 |
(B) Whoever violates this section is guilty of a minor | 2060 |
misdemeanor. | 2061 |
Sec. 4743.05. Except as otherwise provided in sections | 2062 |
4701.20, 4723.062, 4723.082, | 2063 |
Revised Code, all money collected under Chapters 3773., 4701., | 2064 |
4703., 4709., 4713., 4715., 4717., 4723., 4725., 4729., 4732., | 2065 |
4733., 4734., 4736., 4741., 4753., 4755., 4757., 4758., 4759., | 2066 |
4761., 4766., 4771., 4775., 4779., and 4781. of the Revised Code | 2067 |
shall be paid into the state treasury to the credit of the | 2068 |
occupational licensing and regulatory fund, which is hereby | 2069 |
created for use in administering such chapters. | 2070 |
At the end of each quarter, the director of budget and | 2071 |
management shall transfer from the occupational licensing and | 2072 |
regulatory fund to the nurse education assistance fund created in | 2073 |
section 3333.28 of the Revised Code the amount certified to the | 2074 |
director under division (B) of section 4723.08 of the Revised | 2075 |
Code. | 2076 |
At the end of each quarter, the director shall transfer from | 2077 |
the occupational licensing and regulatory fund to the certified | 2078 |
public accountant education assistance fund created in section | 2079 |
4701.26 of the Revised Code the amount certified to the director | 2080 |
under division (H)(2) of section 4701.10 of the Revised Code. | 2081 |
Sec. 4781.01. As used in this chapter: | 2082 |
(A) "Industrialized unit" has the same meaning as in division | 2083 |
(C)(3) of section 3781.06 of the Revised Code. | 2084 |
(B) "Installation" means any of the following: | 2085 |
(1) The temporary or permanent construction of stabilization, | 2086 |
support, and anchoring systems for manufactured housing; | 2087 |
(2) The placement and erection of a manufactured housing unit | 2088 |
or components of a unit on a structural support system; | 2089 |
(3) The supporting, blocking, leveling, securing, anchoring, | 2090 |
underpinning, or adjusting of any section or component of a | 2091 |
manufactured housing unit; | 2092 |
(4) The joining or connecting of all sections or components | 2093 |
of a manufactured housing unit. | 2094 |
(C) "Manufactured home" has the same meaning as in division | 2095 |
(C)(4) of section 3781.06 of the Revised Code. | 2096 |
(D) "Manufactured home park" | 2097 |
2098 | |
tract of land upon which three or more manufactured or mobile | 2099 |
homes used for habitation are parked, either free of charge or for | 2100 |
revenue purposes, and includes any roadway, building, structure, | 2101 |
vehicle, or enclosure used or intended for use as a part of the | 2102 |
facilities of the park. "Manufactured home park" does not include | 2103 |
any of the following: | 2104 |
(1) A tract of land used solely for the storage or display | 2105 |
for sale of manufactured or mobile homes or solely as a temporary | 2106 |
park-camp as defined in section 3729.01 of the Revised Code; | 2107 |
(2) A tract of land that is subdivided and the individual | 2108 |
lots are for sale or sold for the purpose of installation of | 2109 |
manufactured or mobile homes used for habitation and the roadways | 2110 |
are dedicated to the local government authority; | 2111 |
(3) A tract of land within an area that is subject to local | 2112 |
zoning authority and subdivision requirements and is subdivided, | 2113 |
and the individual lots are for sale or sold for the purpose of | 2114 |
installation of manufactured or mobile homes for habitation. | 2115 |
(E) "Manufactured housing" means manufactured homes and | 2116 |
mobile homes. | 2117 |
(F) "Manufactured housing installer" means an individual who | 2118 |
installs manufactured housing. | 2119 |
(G) "Mobile home" has the same meaning as in division (O) of | 2120 |
section 4501.01 of the Revised Code. | 2121 |
(H) "Model standards" means the federal manufactured home | 2122 |
installation standards established pursuant to 42 U.S.C. 5404. | 2123 |
(I) "Permanent foundation" has the same meaning as in | 2124 |
division (C)(5) of section 3781.06 of the Revised Code. | 2125 |
(J) "Business" includes any activities engaged in by any | 2126 |
person for the object of gain, benefit, or advantage either direct | 2127 |
or indirect. | 2128 |
(K) "Casual sale" means any transfer of a manufactured home | 2129 |
or mobile home by a person other than a manufactured housing | 2130 |
dealer, manufactured housing salesperson, or manufacturer to an | 2131 |
ultimate consumer or a person who purchases the home for use as a | 2132 |
residence. | 2133 |
(L) "Engaging in business" means commencing, conducting, or | 2134 |
continuing in business, or liquidating a business when the | 2135 |
liquidator thereof holds self out to be conducting such business; | 2136 |
making a casual sale or otherwise making transfers in the ordinary | 2137 |
course of business when the transfers are made in connection with | 2138 |
the disposition of all or substantially all of the transferor's | 2139 |
assets is not engaging in business. | 2140 |
(M) "Manufactured home park operator" | 2141 |
2142 | |
who has responsible charge of a manufactured home park and who is | 2143 |
licensed under sections 4781.26 to 4781.35 of the Revised Code. | 2144 |
(N) "Manufactured housing broker" means any person acting as | 2145 |
a selling agent on behalf of an owner of a manufactured home or | 2146 |
mobile home that is subject to taxation under section 4503.06 of | 2147 |
the Revised Code. | 2148 |
(O) "Manufactured housing dealer" means any person engaged in | 2149 |
the business of selling at retail, displaying, offering for sale, | 2150 |
or dealing in manufactured homes or mobile homes. | 2151 |
(P) "Manufacturer" means a person who manufacturers, | 2152 |
assembles, or imports manufactured homes or mobile homes. | 2153 |
(Q) "Retail sale" or "sale at retail" means the act or | 2154 |
attempted act of selling, bartering, exchanging, or otherwise | 2155 |
disposing of a manufactured home or mobile home to an ultimate | 2156 |
purchaser for use as a residence. | 2157 |
(R) "Salesperson" means any individual employed by a | 2158 |
manufactured housing dealer or manufactured housing broker to | 2159 |
sell, display, and offer for sale, or deal in manufactured homes | 2160 |
or mobile homes for a commission, compensation, or other valuable | 2161 |
consideration, but does not mean any public officer performing | 2162 |
official duties. | 2163 |
(S) "Ultimate purchaser" means, with respect to any new | 2164 |
manufactured home, the first person, other than a manufactured | 2165 |
housing dealer purchasing in the capacity of a manufactured | 2166 |
housing dealer, who purchases such new manufactured home for | 2167 |
purposes other than resale. | 2168 |
(T) "Tenant" means a person who is entitled under a rental | 2169 |
agreement with a manufactured home park operator to occupy a | 2170 |
manufactured home park lot and who does not own the home occupying | 2171 |
the lot. | 2172 |
(U) "Owner" means a person who is entitled under a rental | 2173 |
agreement with a manufactured home park operator to occupy a | 2174 |
manufactured home park lot and who owns the home occupying the | 2175 |
lot. | 2176 |
(V) "Resident" means a person entitled under a rental | 2177 |
agreement to the use and occupancy of residential premises to the | 2178 |
exclusion of others. "Resident" includes both tenants and owners. | 2179 |
(W) "Park operator" means a manufactured home park operator. | 2180 |
(X) "Residential premises" means a lot located within a | 2181 |
manufactured home park and the grounds, areas, and facilities | 2182 |
contained within the manufactured home park for the use of | 2183 |
residents generally or the use of which is promised to a resident. | 2184 |
(Y) "Rental agreement" means any agreement or lease, written | 2185 |
or oral, that establishes or modifies the terms, conditions, | 2186 |
rules, or any other provisions concerning the use and occupancy of | 2187 |
residential premises by one of the parties. | 2188 |
(Z) "Security deposit" means any deposit of money or property | 2189 |
to secure performance by the resident under a rental agreement. | 2190 |
(AA) "Development" means any artificial change to improved or | 2191 |
unimproved real estate, including, without limitation, buildings | 2192 |
or structures, dredging, filling, grading, paving, excavation or | 2193 |
drilling operations, or storage of equipment or materials, and the | 2194 |
construction, expansion, or substantial alteration of a | 2195 |
manufactured home park, for which plan review is required under | 2196 |
division (A) of section 4781.31 of the Revised Code. "Development" | 2197 |
does not include the building, construction, erection, or | 2198 |
manufacture of any building to which section 3781.06 of the | 2199 |
Revised Code is applicable. | 2200 |
(BB) "Flood" or "flooding" means either of the following: | 2201 |
(1) A general and temporary condition of partial or complete | 2202 |
inundation of normally dry land areas from any of the following: | 2203 |
(a) The overflow of inland or tidal waters; | 2204 |
(b) The unusual and rapid accumulation or runoff of surface | 2205 |
waters from any source; | 2206 |
(c) Mudslides that are proximately caused by flooding as | 2207 |
defined in division (M)(1)(b) of this section and that are akin to | 2208 |
a river of liquid and flowing mud on the surface of normally dry | 2209 |
land areas, as when earth is carried by a current of water and | 2210 |
deposited along the path of the current. | 2211 |
(2) The collapse or subsidence of land along the shore of a | 2212 |
lake or other body of water as a result of erosion or undermining | 2213 |
that is caused by waves or currents of water exceeding anticipated | 2214 |
cyclical levels or that is suddenly caused by an unusually high | 2215 |
water level in a natural body of water, and that is accompanied by | 2216 |
a severe storm, by an unanticipated force of nature, such as a | 2217 |
flash flood, by an abnormal tidal surge, or by some similarly | 2218 |
unusual and unforeseeable event, that results in flooding as | 2219 |
defined in division (M)(1)(a) of this section. | 2220 |
(CC) "Flood plain" means the area adjoining any river, | 2221 |
stream, watercourse, or lake that has been or may be covered by | 2222 |
flood water. | 2223 |
(DD) "One-hundred-year flood" means a flood having a one per | 2224 |
cent chance of being equaled or exceeded in any given year. | 2225 |
(EE) "One-hundred-year flood plain" means that portion of a | 2226 |
flood plain inundated by a one-hundred-year flood. | 2227 |
(FF) "Person" has the same meaning as in section 1.59 of the | 2228 |
Revised Code and also includes this state, any political | 2229 |
subdivision of this state, and any other state or local body of | 2230 |
this state. | 2231 |
(GG) "Substantial damage" means damage of any origin | 2232 |
sustained by a manufactured or mobile home that is situated in a | 2233 |
manufactured home park located in a flood plain when the cost of | 2234 |
restoring the home to its condition before the damage occurred | 2235 |
will equal or exceed fifty per cent of the market value of the | 2236 |
home before the damage occurred. | 2237 |
(HH) "Substantially alter" means a change in the layout or | 2238 |
design of a manufactured home park, including, without limitation, | 2239 |
the movement of utilities or changes in established streets, lots, | 2240 |
or sites or in other facilities. In the case of manufactured home | 2241 |
parks located within a one-hundred-year flood plain, | 2242 |
"substantially alter" also includes changes in elevation resulting | 2243 |
from the addition of fill, grading, or excavation that may affect | 2244 |
flood plain management. | 2245 |
(II) "Tract" means a contiguous area of land that consists of | 2246 |
one or more parcels, lots, or sites that have been separately | 2247 |
surveyed regardless of whether the individual parcels, lots, or | 2248 |
sites have been recorded and regardless of whether the one or more | 2249 |
parcels, lots, or sites are under common or different ownership. | 2250 |
Sec. 4781.02. (A) There is hereby created the manufactured | 2251 |
homes commission which consists of nine members, with three | 2252 |
members appointed by the governor, three members appointed by the | 2253 |
president of the senate, and three members appointed by the | 2254 |
speaker of the house of representatives. | 2255 |
(B)(1) Commission members shall be residents of this state, | 2256 |
except for members appointed pursuant to divisions (B)(3)(b) and | 2257 |
(B)(4)(a) of this section. Members shall be selected from a list | 2258 |
of persons the Ohio manufactured homes association, or any | 2259 |
successor entity, recommends, except for appointments made | 2260 |
pursuant to division (B)(2) of this section. | 2261 |
(2) The governor shall appoint the following members: | 2262 |
(a) One member to represent the board of building standards, | 2263 |
who may be a member of the board or a board employee not in the | 2264 |
classified civil service, with an initial term ending December 31, | 2265 |
2007; | 2266 |
(b) One member | 2267 |
2268 | |
2269 | |
sanitarian in accordance with Chapter 4736. of the Revised Code, | 2270 |
has experience with the regulation of manufactured homes, and is | 2271 |
an employee of a health district described in section 3709.01 of | 2272 |
the Revised Code; | 2273 |
(c) One member whose primary residence is a manufactured | 2274 |
home, with an initial term ending December 31, 2006. | 2275 |
(3) The president of the senate shall appoint the following | 2276 |
members: | 2277 |
(a) Two members who are manufactured housing installers who | 2278 |
have been actively engaged in the installation of manufactured | 2279 |
housing for the five years immediately prior to appointment, with | 2280 |
the initial term of one installer ending December 31, 2007, and | 2281 |
the initial term of the other installer ending December 31, 2005. | 2282 |
(b) One member who manufactures manufactured homes in this | 2283 |
state or who manufactures manufactured homes in another state and | 2284 |
ships homes into this state, to represent manufactured home | 2285 |
manufacturers, with an initial term ending December 31, 2006. | 2286 |
(4) The speaker of the house of representatives shall appoint | 2287 |
the following members: | 2288 |
(a) One member who operates a manufactured or mobile home | 2289 |
retail business in this state to represent manufactured housing | 2290 |
dealers, with an initial term ending December 31, 2007; | 2291 |
(b) One member who is a manufactured home park operator or is | 2292 |
employed by an operator, with an initial term ending December 31, | 2293 |
2005; | 2294 |
(c) One member to represent the Ohio manufactured home | 2295 |
association, or any successor entity, who may be the president or | 2296 |
executive director of the association or the successor entity, | 2297 |
with an initial term ending December 31, 2006. | 2298 |
(C)(1) After the initial term, each term of office is for | 2299 |
four years ending on the thirty-first day of December. A member | 2300 |
holds office from the date of appointment until the end of the | 2301 |
term. No member may serve more than two consecutive four-year | 2302 |
terms. | 2303 |
(2) Any member appointed to fill a vacancy that occurs prior | 2304 |
to the expiration of a term continues in office for the remainder | 2305 |
of that term. Any member continues in office subsequent to the | 2306 |
expiration date of the term until the member's successor takes | 2307 |
office or until sixty days have elapsed, which ever occurs first. | 2308 |
(3) A vacancy on the commission does not impair the authority | 2309 |
of the remaining members to exercise all of the commission's | 2310 |
powers. | 2311 |
(D)(1) The governor may remove any member from office for | 2312 |
incompetence, neglect of duty, misfeasance, nonfeasance, | 2313 |
malfeasance, or unprofessional conduct in office. | 2314 |
(2) Vacancies shall be filled in the manner of the original | 2315 |
appointment. | 2316 |
Sec. 4781.04. (A) The manufactured homes commission shall | 2317 |
adopt rules pursuant to Chapter 119. of the Revised Code to do all | 2318 |
of the following: | 2319 |
(1) Establish uniform standards that govern the installation | 2320 |
of manufactured housing. Not later than one hundred eighty days | 2321 |
after the secretary of the United States department of housing and | 2322 |
urban development adopts model standards for the installation of | 2323 |
manufactured housing or amends those standards, the commission | 2324 |
shall amend its standards as necessary to be consistent with, and | 2325 |
not less stringent than, the model standards for the design and | 2326 |
installation of manufactured housing the secretary adopts or any | 2327 |
manufacturers' standards that the secretary determines are equal | 2328 |
to or not less stringent than the model standards. | 2329 |
(2) Govern the inspection of the installation of manufactured | 2330 |
housing. The rules shall specify that the commission, any building | 2331 |
department or personnel of any department, | 2332 |
2333 | |
pursuant to section 4781.07 of the Revised Code shall conduct all | 2334 |
inspections of the installation of manufactured housing located in | 2335 |
manufactured home parks to determine compliance with the uniform | 2336 |
installation standards the commission establishes pursuant to this | 2337 |
section. | 2338 |
| 2339 |
2340 |
(3) Govern the design, construction, installation, approval, | 2341 |
and inspection of foundations and the base support systems for | 2342 |
manufactured housing. The rules shall specify that the commission, | 2343 |
any building department or personnel of any department, | 2344 |
2345 | |
certified pursuant to section 4781.07 of the Revised Code shall | 2346 |
conduct all inspections of the installation, foundations, and base | 2347 |
support systems of manufactured housing located in manufactured | 2348 |
home parks to determine compliance with the uniform installation | 2349 |
standards and foundation and base support system design the | 2350 |
commission establishes pursuant to this section. | 2351 |
| 2352 |
2353 |
(4) Govern the training, experience, and education | 2354 |
requirements for manufactured housing installers, manufactured | 2355 |
housing dealers, manufactured housing brokers, and manufactured | 2356 |
housing salespersons; | 2357 |
(5) Establish a code of ethics for manufactured housing | 2358 |
installers; | 2359 |
(6) Govern the issuance, revocation, and suspension of | 2360 |
licenses to manufactured housing installers; | 2361 |
(7) Establish fees for the issuance and renewal of licenses, | 2362 |
for conducting inspections to determine an applicant's compliance | 2363 |
with this chapter and the rules adopted pursuant to it, and for | 2364 |
the commission's expenses incurred in implementing this chapter; | 2365 |
(8) Establish conditions under which a licensee may enter | 2366 |
into contracts to fulfill the licensee's responsibilities; | 2367 |
(9) Govern the investigation of complaints concerning any | 2368 |
violation of this chapter or the rules adopted pursuant to it or | 2369 |
complaints involving the conduct of any licensed manufactured | 2370 |
housing installer or person installing manufactured housing | 2371 |
without a license, licensed manufactured housing dealer, licensed | 2372 |
manufactured housing broker, or manufactured housing salesperson; | 2373 |
(10) Establish a dispute resolution program for the timely | 2374 |
resolution of warranty issues involving new manufactured homes, | 2375 |
disputes regarding responsibility for the correction or repair of | 2376 |
defects in manufactured housing, and the installation of | 2377 |
manufactured housing. The rules shall provide for the timely | 2378 |
resolution of disputes between manufacturers, manufactured housing | 2379 |
dealers, and installers regarding the correction or repair of | 2380 |
defects in manufactured housing that are reported by the purchaser | 2381 |
of the home during the one-year period beginning on the date of | 2382 |
installation of the home. The rules also shall provide that | 2383 |
decisions made regarding the dispute under the program are not | 2384 |
binding upon the purchaser of the home or the other parties | 2385 |
involved in the dispute unless the purchaser so agrees in a | 2386 |
written acknowledgement that the purchaser signs and delivers to | 2387 |
the program within ten business days after the decision is issued. | 2388 |
(11) Establish the requirements and procedures for the | 2389 |
certification of building departments and building department | 2390 |
personnel pursuant to section 4781.07 of the Revised Code; | 2391 |
(12) Establish fees to be charged to building departments and | 2392 |
building department personnel applying for certification and | 2393 |
renewal of certification pursuant to section 4781.07 of the | 2394 |
Revised Code; | 2395 |
(13) Develop a policy regarding the maintenance of records | 2396 |
for any inspection authorized or conducted pursuant to this | 2397 |
chapter, and any such record shall be a public record under | 2398 |
section 149.43 of the Revised Code; | 2399 |
(14) Carry out any other provision of this chapter. | 2400 |
(B) The manufactured homes commission shall do all of the | 2401 |
following: | 2402 |
(1) Prepare and administer a licensure examination to | 2403 |
determine an applicant's knowledge of manufactured housing | 2404 |
installation and other aspects of installation the commission | 2405 |
determines appropriate; | 2406 |
(2) Select, provide, or procure appropriate examination | 2407 |
questions and answers for the licensure examination and establish | 2408 |
the criteria for successful completion of the examination; | 2409 |
(3) Prepare and distribute any application form this chapter | 2410 |
requires; | 2411 |
(4) Receive applications for licenses and renewal of licenses | 2412 |
and issue licenses to qualified applicants; | 2413 |
(5) Establish procedures for processing, approving, and | 2414 |
disapproving applications for licensure; | 2415 |
(6) Retain records of applications for licensure, including | 2416 |
all application materials submitted and a written record of the | 2417 |
action taken on each application; | 2418 |
(7) Review the design and plans for manufactured housing | 2419 |
installations, foundations, and support systems; | 2420 |
(8) Inspect a sample of homes at a percentage the commission | 2421 |
determines to evaluate the construction and installation of | 2422 |
manufactured housing installations, foundations, and support | 2423 |
systems to determine compliance with the standards the commission | 2424 |
adopts; | 2425 |
(9) Investigate complaints concerning violations of this | 2426 |
chapter or the rules adopted pursuant to it, or the conduct of any | 2427 |
manufactured housing installer, manufactured housing dealer, | 2428 |
manufactured housing broker, or manufactured housing salesperson; | 2429 |
(10) Determine appropriate disciplinary actions for | 2430 |
violations of this chapter; | 2431 |
(11) Conduct audits and inquiries of manufactured housing | 2432 |
installers, manufactured housing dealers, and manufactured housing | 2433 |
brokers as appropriate for the enforcement of this chapter. The | 2434 |
commission, or any person the commission employs for the purpose, | 2435 |
may review and audit the business records of any manufactured | 2436 |
housing installer, dealer, or broker during normal business hours. | 2437 |
(12) Approve an installation training course, which may be | 2438 |
offered by the Ohio manufactured homes association or other | 2439 |
entity; | 2440 |
(13) Perform any function or duty necessary to administer | 2441 |
this chapter and the rules adopted pursuant to it. | 2442 |
(C) Nothing in this section shall be construed to limit the | 2443 |
authority of a board of health to enforce section 3701.344 and | 2444 |
Chapters 3703., 3718., and 3781. of the Revised Code. | 2445 |
Sec. 4781.07. (A) Pursuant to rules the manufactured homes | 2446 |
commission adopts, the commission may certify municipal, township, | 2447 |
and county building departments and the personnel of those | 2448 |
departments, | 2449 |
2450 | |
third party, to exercise the commission's enforcement authority, | 2451 |
accept and approve plans and specifications for foundations, | 2452 |
support systems and installations, and inspect manufactured | 2453 |
housing foundations, support systems, and manufactured housing | 2454 |
installations. Any certification is effective for three years. | 2455 |
(B) Following an investigation and finding of facts that | 2456 |
support its action, the commission may revoke or suspend | 2457 |
certification. The commission may initiate an investigation on its | 2458 |
own motion or the petition of a person affected by the enforcement | 2459 |
or approval of plans. | 2460 |
Sec. 4781.10. (A)(1) The manufactured homes commission may | 2461 |
establish programs and requirements for continuing education for | 2462 |
manufactured housing installers. The commission shall not require | 2463 |
licensees to complete more than eight credit hours of continuing | 2464 |
education during each license period. If the commission | 2465 |
establishes a program of continuing education, it shall require | 2466 |
that only courses that the commission preapproves be accepted for | 2467 |
licensure credit, and unless an extension is granted pursuant to | 2468 |
division (D) of this section, that all credit hours be | 2469 |
successfully completed prior to the expiration of the installer's | 2470 |
license. | 2471 |
(2) The manufactured homes commission shall establish by rule | 2472 |
programs of continuing education for manufactured home park | 2473 |
operators and shall approve by rule any courses offered through | 2474 |
those programs. The rules the commission adopts shall specify that | 2475 |
the courses shall be developed by the Ohio manufactured homes | 2476 |
association in consultation with the association of manufactured | 2477 |
home residents of Ohio, or any other entity the commission | 2478 |
designates by rule. The courses shall be designed to fulfill the | 2479 |
license renewal requirements of section 3733.03 of the Revised | 2480 |
Code of eight hours of continuing education and shall be presented | 2481 |
by the Ohio manufactured homes association, or any other entity | 2482 |
the commission designates by rule, as the course provider. | 2483 |
Certified completion of the course shall fulfill the continuing | 2484 |
education requirement of license renewal. | 2485 |
(B) To provide the resources to administer continuing | 2486 |
education programs, the commission may establish nonrefundable | 2487 |
fees, including any of the following: | 2488 |
(1) An application fee not to exceed one hundred fifty | 2489 |
dollars charged to the sponsor of each proposed course; | 2490 |
(2) A renewal fee not to exceed seventy-five dollars, charged | 2491 |
to the sponsor of each course, for the annual renewal of course | 2492 |
approval; | 2493 |
(3) A course fee charged to the sponsor of each course | 2494 |
offered, not to exceed five dollars per credit hour, for each | 2495 |
person completing an approved course; | 2496 |
(4) A student fee charged to licensees, not to exceed fifty | 2497 |
dollars, for each course or activity a student submits to the | 2498 |
commission for approval. | 2499 |
(C) The commission may adopt reasonable rules not | 2500 |
inconsistent with this chapter to carry out any continuing | 2501 |
education program, including rules that govern the following: | 2502 |
(1) The content and subject matter of continuing education | 2503 |
courses; | 2504 |
(2) The criteria, standards, and procedures for the approval | 2505 |
of courses, course sponsors, and course instructors; | 2506 |
(3) The methods of instruction; | 2507 |
(4) The computation of course credit; | 2508 |
(5) The ability to carry forward course credit from one year | 2509 |
to another; | 2510 |
(6) Conditions under which the commission may grant a waiver | 2511 |
or variance from continuing education requirements on the basis of | 2512 |
hardship or other reasons; | 2513 |
(7) Procedures for compliance with the continuing education | 2514 |
requirements and sanctions for noncompliance. | 2515 |
(D) The commission shall not renew the license of any person | 2516 |
who fails to satisfy any continuing education requirement that the | 2517 |
commission establishes. The commission may, for good cause, grant | 2518 |
an extension of time to comply with the continuing education | 2519 |
requirements. Any installer who is granted an extension and | 2520 |
completes the continuing education requirements within the time | 2521 |
the commission establishes is deemed in compliance with the | 2522 |
education requirements. The license of any person who is granted | 2523 |
an extension shall remain in effect during the period of the | 2524 |
extension. | 2525 |
Sec. 4781.121. (A) The manufactured homes commission, | 2526 |
pursuant to section 4781.04 of the Revised Code, may investigate | 2527 |
any person who allegedly has committed a violation. If, after an | 2528 |
investigation the commission determines that reasonable evidence | 2529 |
exists that a person has committed a violation, within seven days | 2530 |
after that determination, the commission shall send a written | 2531 |
notice to that person in the same manner as prescribed in section | 2532 |
119.07 of the Revised Code for licensees, except that the notice | 2533 |
shall specify that a hearing will be held and specify the date, | 2534 |
time, and place of the hearing. | 2535 |
(B) The commission shall hold a hearing regarding the alleged | 2536 |
violation in the same manner prescribed for an adjudication | 2537 |
hearing under section 119.09 of the Revised Code. If the | 2538 |
commission, after the hearing, determines that a violation has | 2539 |
occurred, the commission, upon an affirmative vote of five of its | 2540 |
members, may impose a fine not exceeding one thousand dollars per | 2541 |
violation per day. The commission's determination is an order that | 2542 |
the person may appeal in accordance with section 119.12 of the | 2543 |
Revised Code. | 2544 |
(C) If the person who allegedly committed a violation fails | 2545 |
to appear for a hearing, the commission may request the court of | 2546 |
common pleas of the county where the alleged violation occurred to | 2547 |
compel the person to appear before the commission for a hearing. | 2548 |
(D) If the commission assesses a person a civil penalty for a | 2549 |
violation and the person fails to pay that civil penalty within | 2550 |
the time period prescribed by the commission pursuant to section | 2551 |
131.02 of the Revised Code, the commission shall forward to the | 2552 |
attorney general the name of the person and the amount of the | 2553 |
civil penalty for the purpose of collecting that civil penalty. In | 2554 |
addition to the civil penalty assessed pursuant to this section, | 2555 |
the person also shall pay any fee assessed by the attorney general | 2556 |
for collection of the civil penalty. | 2557 |
(E) The authority provided to the commission pursuant to this | 2558 |
section, and any fine imposed under this section, shall be in | 2559 |
addition to, and not in lieu of, all penalties and other remedies | 2560 |
provided in this chapter. Any fines collected pursuant to this | 2561 |
section shall be used solely to administer and enforce this | 2562 |
chapter and rules adopted under it. | 2563 |
(F) As used in this section, "violation" means a violation of | 2564 |
section 4781.11, 4781.16, or 4781.27, or any rule adopted pursuant | 2565 |
to section 4781.04, of the Revised Code. | 2566 |
Sec. 4781.14. (A) | 2567 |
2568 | |
manufactured homes commission | 2569 |
manufactured home installers, the installation of manufactured | 2570 |
housing, and manufactured housing foundations and support systems | 2571 |
in | 2572 |
the general assembly to preempt municipal corporations and other | 2573 |
political subdivisions from regulating and licensing manufactured | 2574 |
housing installers and regulating and inspecting the installation | 2575 |
of manufactured housing and manufactured housing foundations and | 2576 |
support systems. | 2577 |
(B) | 2578 |
2579 | |
exclusive power to adopt rules of uniform application throughout | 2580 |
the state governing installation of manufactured housing, the | 2581 |
inspection of manufactured housing foundations and support | 2582 |
systems, the inspection of the installation of manufactured | 2583 |
housing, the training and licensing of manufactured housing | 2584 |
installers, and the investigation of complaints concerning | 2585 |
manufactured housing installers. | 2586 |
(C) | 2587 |
2588 | |
to this chapter are the exclusive rules governing the installation | 2589 |
of manufactured housing, the design, construction, and approval of | 2590 |
foundations for manufactured housing, the licensure of | 2591 |
manufactured home installers, and the fees charged for licensure | 2592 |
of manufactured home installers. No political subdivision of the | 2593 |
state or any department or agency of the state may establish any | 2594 |
other standards governing the installation of manufactured | 2595 |
housing, manufactured housing foundations and support systems, the | 2596 |
licensure of manufactured housing installers, or fees charged for | 2597 |
the licensure of manufactured housing installers. | 2598 |
(D) Nothing in this section limits the authority of the | 2599 |
attorney general to enforce Chapter 1345. of the Revised Code or | 2600 |
to take any action permitted by the Revised Code against | 2601 |
manufactured housing installers, retailers, or manufacturers. | 2602 |
Sec. 4781.15. The remedies in | 2603 |
2604 | |
otherwise available for the same conduct under state or local law. | 2605 |
| 2606 |
manufactured homes commission, subject to Chapter 119. of the | 2607 |
Revised Code, shall adopt, and has the exclusive power to adopt, | 2608 |
rules of uniform application throughout the state governing the | 2609 |
review of plans, issuance of flood plain management permits, and | 2610 |
issuance of licenses for manufactured home parks; the location, | 2611 |
layout, density, construction, drainage, sanitation, safety, and | 2612 |
operation of those parks; and notices of flood events concerning, | 2613 |
and flood protection at, those parks. The rules pertaining to | 2614 |
flood plain management shall be consistent with and not less | 2615 |
stringent than the flood plain management criteria of the national | 2616 |
flood insurance program adopted under the "National Flood | 2617 |
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as | 2618 |
amended. The rules shall not apply to the construction, erection, | 2619 |
or manufacture of any building to which section 3781.06 of the | 2620 |
Revised Code is applicable. | 2621 |
| 2622 |
constructed after June 30, 1971, shall specify that each home must | 2623 |
be placed on its lot to provide not less than fifteen feet between | 2624 |
the side of one home and the side of another home, ten feet | 2625 |
between the end of one home and the side of another home, and five | 2626 |
feet between the ends of two homes placed end to end. | 2627 |
| 2628 |
compliance with the installation, blocking, tiedown, foundation, | 2629 |
and base support system standards for manufactured housing located | 2630 |
in manufactured home parks adopted by the commission pursuant to | 2631 |
section 4781.04 of the Revised Code. All inspections of the | 2632 |
installation, blocking, tiedown, foundation, and base support | 2633 |
systems of manufactured housing in a manufactured home park that | 2634 |
the | 2635 |
be conducted by a person | 2636 |
2637 | |
certifies pursuant to | 2638 |
of the Revised Code. | 2639 |
| 2640 |
2641 | |
2642 |
| 2643 |
2644 | |
2645 | |
2646 | |
2647 | |
2648 | |
2649 | |
2650 | |
2651 |
| 2652 |
December, but before the first day of January of the next year, | 2653 |
every person who intends to operate a manufactured home park shall | 2654 |
procure a license to operate the park for the next year from the | 2655 |
2656 | |
fee prescribed under section | 2657 |
is not received by the
| 2658 |
business on the last day of December, the applicant for the | 2659 |
license shall pay a penalty equal to twenty-five per cent of the | 2660 |
applicable license fee. The penalty shall accompany the license | 2661 |
fee. If the last day of December is not a business day, the | 2662 |
penalty attaches upon the close of business on the next business | 2663 |
day. | 2664 |
(2) No manufactured home park shall be maintained or operated | 2665 |
in this state without a license. | 2666 |
(3) No person who has received a license, upon the sale or | 2667 |
disposition of the manufactured home park, may have the license | 2668 |
transferred to the new operator. A person shall obtain a separate | 2669 |
license to operate each manufactured home park. | 2670 |
(B) Before a license is initially issued and annually | 2671 |
thereafter, or more often if necessary, the | 2672 |
shall cause each manufactured home park to be inspected | 2673 |
2674 | |
of the Revised Code and the rules adopted under those sections. A | 2675 |
record shall be made of each inspection on a form prescribed by | 2676 |
the | 2677 |
(C) Each person applying for an initial license to operate a | 2678 |
manufactured home park shall provide acceptable proof to the | 2679 |
2680 | |
provided and that applicable fire codes will be adhered to in the | 2681 |
construction and operation of the park. | 2682 |
(D) The commission shall not renew a license to operate a | 2683 |
manufactured home park unless the licensee has completed an | 2684 |
average of at least eight hours of continuing education courses | 2685 |
per year since the prior renewal or, if an initial license is | 2686 |
being renewed, since the issuance of that license. The commission | 2687 |
shall not accept any course in fulfillment of this requirement | 2688 |
unless the manufactured homes commission has approved that course | 2689 |
for credit under section 4781.10 of the Revised Code. | 2690 |
| 2691 |
2692 | |
license to operate | 2693 |
license shall be determined in accordance with section
| 2694 |
4781.26 of the Revised Code and shall include the cost of | 2695 |
licensing and all inspections. | 2696 |
| 2697 |
2698 | |
2699 | |
2700 | |
2701 | |
2702 | |
2703 | |
Any fees collected shall be | 2704 |
to the treasurer of state and shall be credited to the | 2705 |
manufactured homes commission regulatory fund created in section | 2706 |
4781.54 of the Revised Code and used only for the purpose of | 2707 |
administering and enforcing sections | 2708 |
4781.35 of the Revised Code and the rules adopted thereunder. | 2709 |
| 2710 |
2711 | |
2712 | |
homes commission may refuse to grant, may suspend, or may revoke | 2713 |
any license granted to any person for failure to comply with | 2714 |
sections | 2715 |
with any rule adopted | 2716 |
2717 |
| 2718 |
sections
| 2719 |
any operator shall have the right to rent or use each lot for the | 2720 |
parking or placement of a manufactured home or mobile home to be | 2721 |
used for human habitation without interruption for any period | 2722 |
coextensive with any license or consecutive licenses issued under | 2723 |
sections | 2724 |
(B) No operator of a manufactured home park shall sell | 2725 |
individual lots in a park for eight years following the issuance | 2726 |
of the initial license for the park unless, at the time of sale, | 2727 |
the park fulfills all platting and subdivision requirements | 2728 |
established by the political subdivision in which the park is | 2729 |
located, or the political subdivision has entered into an | 2730 |
agreement with the operator regarding platting and subdivision | 2731 |
requirements and the operator has fulfilled the terms of that | 2732 |
agreement. | 2733 |
| 2734 |
to occur within any portion of a manufactured home park until the | 2735 |
plans for the development have been submitted to and reviewed and | 2736 |
approved by the | 2737 |
This division does not require that plans be submitted to the | 2738 |
2739 | |
manufactured or mobile homes on previously approved lots in a | 2740 |
manufactured home park when no development is to occur in | 2741 |
connection with the replacement. Within thirty days after receipt | 2742 |
of the plans, all supporting documents and materials required to | 2743 |
complete the review, and the applicable plan review fee | 2744 |
established under division (D) of this section, the | 2745 |
commission shall approve or disapprove the plans. | 2746 |
(B) Any person aggrieved by the | 2747 |
disapproval of a set of plans under division (A) of this section | 2748 |
may request a hearing on the matter within thirty days after | 2749 |
receipt of the
| 2750 |
The hearing shall be held in accordance with Chapter 119. of the | 2751 |
Revised Code. Thereafter, the disapproval may be appealed in the | 2752 |
manner provided in section 119.12 of the Revised Code. | 2753 |
(C) The | 2754 |
development occurring within a manufactured home park is inspected | 2755 |
or verified in accordance with rules adopted under
| 2756 |
section | 2757 |
development complies with the plans approved under division (A) of | 2758 |
this section. | 2759 |
(D) The | 2760 |
for reviewing plans under division (A) of this section and | 2761 |
conducting inspections under division (C) of this section. | 2762 |
(E) The | 2763 |
established under division (D) of this section for reviewing plans | 2764 |
under division (A) of this section and conducting inspections | 2765 |
under division (C) of this section. All such plan review and | 2766 |
inspection fees received by the | 2767 |
transmitted to the treasurer of state and shall be credited to the | 2768 |
2769 | |
created in section | 2770 |
credited to the fund shall be used only for the purpose of | 2771 |
administering and enforcing sections | 2772 |
4781.35 of the Revised Code and rules adopted under those | 2773 |
sections. | 2774 |
(F) Plan approvals issued under this section do not | 2775 |
constitute an exemption from the land use and building | 2776 |
requirements of the political subdivision in which the | 2777 |
manufactured home park is or is to be located. | 2778 |
| 2779 |
to occur or cause the replacement of a mobile or manufactured home | 2780 |
within any portion of a manufactured home park that is located | 2781 |
within a one-hundred-year flood plain unless the person first | 2782 |
obtains a permit from the | 2783 |
2784 | |
development for which a permit is required under this division is | 2785 |
to occur on a lot where a mobile or manufactured home is or is to | 2786 |
be located, the owner of the home and the operator of the | 2787 |
manufactured home park shall jointly obtain the permit. Each of | 2788 |
the persons to whom a permit is jointly issued is responsible for | 2789 |
compliance with the provisions of the approved permit that are | 2790 |
applicable to that person. | 2791 |
The | 2792 |
commission shall disapprove an application for a permit required | 2793 |
under this division unless the | 2794 |
finds that the proposed development or replacement of a mobile or | 2795 |
manufactured home complies with the rules adopted under | 2796 |
2797 | |
required under this division for the construction, erection, or | 2798 |
manufacture of any building to which section 3781.06 of the | 2799 |
Revised Code applies. | 2800 |
The | 2801 |
commission may suspend or revoke a permit issued under this | 2802 |
division for failure to comply with the rules adopted under | 2803 |
2804 | |
pertaining to flood plain management or for failure to comply with | 2805 |
the approved permit. | 2806 |
Any person aggrieved by the disapproval, suspension, or | 2807 |
revocation of a permit under this division by the | 2808 |
2809 | |
hearing on the matter within thirty days after receipt of the | 2810 |
notice of the disapproval, suspension, or revocation. The hearing | 2811 |
shall be held in accordance with Chapter 119. of the Revised Code. | 2812 |
Thereafter, an appeal of the disapproval, suspension, or | 2813 |
revocation may be taken in the manner provided in section 119.12 | 2814 |
of the Revised Code. | 2815 |
(B) The | 2816 |
for the issuance of permits under division (A) of this section and | 2817 |
for necessary inspections conducted to determine compliance with | 2818 |
those permits. | 2819 |
(C) The | 2820 |
commission shall charge the appropriate fee established under | 2821 |
division (B) of this section for the issuance of a permit under | 2822 |
division (A) of this section or for conducting any necessary | 2823 |
inspection to determine compliance with the permit. If the | 2824 |
2825 | |
inspection, the fee for the permit or inspection shall be | 2826 |
transmitted to the treasurer of state and shall be credited to the | 2827 |
2828 | |
created in section | 2829 |
credited to the fund shall be used
| 2830 |
purpose of administering and enforcing sections | 2831 |
2832 | |
sections. | 2833 |
2834 | |
2835 | |
2836 | |
2837 |
| 2838 |
manufactured home park, the operator of the manufactured home | 2839 |
park, in accordance with rules adopted under | 2840 |
section | 2841 |
2842 | |
homes commission and the board of health having jurisdiction where | 2843 |
the flood event occurred within forty-eight hours after the end of | 2844 |
the flood event. The commission, after receiving notification, | 2845 |
shall immediately notify the board of health. | 2846 |
| 2847 |
| 2848 |
2849 | |
2850 | |
2851 | |
2852 | |
being notified of such a flood event | 2853 |
board of health shall cause an inspection to be made of the | 2854 |
manufactured home park named in the notice. | 2855 |
| 2856 |
that is located in a flood plain is substantially damaged, the | 2857 |
owner of the home shall make all alterations, repairs, or changes | 2858 |
to the home, and the operator of the manufactured home park shall | 2859 |
make all alterations, repairs, or changes to the lot on which the | 2860 |
home is located, that are necessary to ensure compliance with the | 2861 |
flood plain management rules adopted under | 2862 |
2863 | |
changes may include, without limitation, removal of the home or | 2864 |
other structures. | 2865 |
No person shall fail to comply with this division. | 2866 |
(B) No person shall cause to be performed any alteration, | 2867 |
repair, or change required by division (A) of this section unless | 2868 |
the person first obtains a permit from the | 2869 |
2870 | |
2871 | |
2872 | |
2873 | |
2874 | |
2875 |
The | 2876 |
commission shall disapprove an application for a permit required | 2877 |
under this division unless the | 2878 |
finds that the proposed alteration, repair, or change complies | 2879 |
with the rules adopted under | 2880 |
4781.26 of the Revised Code. No permit is required under this | 2881 |
division for the construction, erection, or manufacture of any | 2882 |
building to which section 3781.06 of the Revised Code applies. | 2883 |
The | 2884 |
commission may suspend or revoke a permit issued under this | 2885 |
division for failure to comply with the rules adopted under | 2886 |
2887 | |
pertaining to flood plain management or for failure to comply with | 2888 |
the approved permit. | 2889 |
Any person aggrieved by the disapproval, suspension, or | 2890 |
revocation of a permit under this division by the | 2891 |
2892 | |
hearing on the matter within thirty days after receipt of the | 2893 |
notice of the disapproval, suspension, or revocation. The hearing | 2894 |
shall be held in accordance with Chapter 119. of the Revised Code. | 2895 |
Thereafter, an appeal of the disapproval, suspension, or | 2896 |
revocation may be taken in the manner provided in section 119.12 | 2897 |
of the Revised Code and for necessary inspections conducted to | 2898 |
determine compliance with those permits. | 2899 |
(C) The | 2900 |
for the issuance of permits under division (B) of this section and | 2901 |
for necessary inspections conducted to determine compliance with | 2902 |
those permits. | 2903 |
(D) The | 2904 |
commission shall charge the appropriate fee established under | 2905 |
division (C) of this section for the issuance of a permit under | 2906 |
division (B) of this section or for conducting any necessary | 2907 |
inspection to determine compliance with the permit. If the | 2908 |
2909 | |
inspection, the fee for the permit or inspection shall be | 2910 |
transmitted to the treasurer of state and shall be credited to the | 2911 |
2912 | |
created in section | 2913 |
credited to the fund shall be used | 2914 |
purpose of administering and enforcing sections | 2915 |
2916 | |
sections. | 2917 |
2918 | |
2919 | |
2920 | |
2921 |
| 2922 |
2923 | |
rules adopted thereunder. | 2924 |
(B) The prosecuting attorney of the county, the city director | 2925 |
of law, or the attorney general, upon complaint of the | 2926 |
2927 | |
prosecute to termination or bring an action for injunction against | 2928 |
any person violating sections | 2929 |
of the Revised Code or the rules adopted thereunder. | 2930 |
| 2931 |
4781.37 of the Revised Code, a park operator shall not retaliate | 2932 |
against a resident by increasing the resident's rent, decreasing | 2933 |
services that are due to the resident, refusing to renew or | 2934 |
threatening to refuse to renew the rental agreement with the | 2935 |
resident, or bringing or threatening to bring an action for | 2936 |
possession of the resident's premises because: | 2937 |
(1) The resident has complained to an appropriate | 2938 |
governmental agency of a violation of a building, housing, health, | 2939 |
or safety code that is applicable to the premises, and the | 2940 |
violation materially affects health and safety; | 2941 |
(2) The resident has complained to the park operator of any | 2942 |
violation of section | 2943 |
(3) The resident joined with other residents for the purpose | 2944 |
of negotiating or dealing collectively with the park operator on | 2945 |
any of the terms and conditions of a rental agreement. | 2946 |
(B) If a park operator acts in violation of division (A) of | 2947 |
this section, the resident may: | 2948 |
(1) Use the retaliatory action of the park operator as a | 2949 |
defense to an action by the park operator to recover possession of | 2950 |
the premises; | 2951 |
(2) Recover possession of the premises; | 2952 |
(3) Terminate the rental agreement. | 2953 |
In addition, the resident may recover from the park operator | 2954 |
any actual damages together with reasonable attorneys fees. | 2955 |
(C) Nothing in division (A) of this section prohibits a park | 2956 |
operator from increasing the rent to reflect the cost of | 2957 |
improvements installed by the park operator in or about the | 2958 |
premises or to reflect an increase in other costs of operation of | 2959 |
the premises. | 2960 |
| 2961 |
4781.36 of the Revised Code, a park operator may bring an action | 2962 |
under Chapter 1923. of the Revised Code for possession of the | 2963 |
premises if any of the following applies: | 2964 |
(1) The resident is in default in the payment of rent. | 2965 |
(2) The violation of the applicable building, housing, | 2966 |
health, or safety code that the resident complained of was | 2967 |
primarily caused by any act or lack of reasonable care by the | 2968 |
resident, by any other person in the resident's household, or by | 2969 |
anyone on the premises with the consent of the resident. | 2970 |
(3) The resident is holding over the resident's term. | 2971 |
(4) The resident is in violation of rules of the | 2972 |
2973 | |
section | 2974 |
manufactured home park adopted pursuant to the rules of the | 2975 |
2976 |
(5) The resident has been absent from the manufactured home | 2977 |
park for a period of thirty consecutive days prior to the | 2978 |
commencement of the action, and the resident's manufactured home, | 2979 |
mobile home, or recreational vehicle parked in the manufactured | 2980 |
home park has been left unoccupied for that thirty-day period, | 2981 |
without notice to the park operator and without payment of rent | 2982 |
due under the rental agreement. | 2983 |
(B) The maintenance of an action by the park operator under | 2984 |
this section does not prevent the resident from recovering damages | 2985 |
for any violation by the park operator of the rental agreement or | 2986 |
of section | 2987 |
| 2988 |
a rental agreement shall: | 2989 |
(1) Comply with the requirements of all applicable building, | 2990 |
housing, health, and safety codes which materially affect health | 2991 |
and safety, and comply with rules of the | 2992 |
manufactured homes commission; | 2993 |
(2) Make all repairs and do whatever is reasonably necessary | 2994 |
to put and keep the premises in a fit and habitable condition; | 2995 |
(3) Keep all common areas of the premises in a safe and | 2996 |
sanitary condition; | 2997 |
(4) Maintain in good and safe working order and condition all | 2998 |
electrical and plumbing fixtures and appliances, and septic | 2999 |
systems, sanitary and storm sewers, refuse receptacles, and well | 3000 |
and water systems that are supplied or required to be supplied by | 3001 |
3002 |
(5) Not abuse the right of access conferred by division (B) | 3003 |
of section | 3004 |
(6) Except in the case of emergency or if it is impracticable | 3005 |
to do so, give the resident reasonable notice of
| 3006 |
operator's intent to enter onto the residential premises and enter | 3007 |
only at reasonable times. Twenty-four hours' notice shall be | 3008 |
presumed to be a reasonable notice in the absence of evidence to | 3009 |
the contrary. | 3010 |
(B) If the park operator violates any provision of this | 3011 |
section, makes a lawful entry onto the residential premises in an | 3012 |
unreasonable manner, or makes repeated demands for entry otherwise | 3013 |
lawful which demands have the effect of harassing the resident, | 3014 |
the resident may recover actual damages resulting from the | 3015 |
violation, entry, or demands and injunctive relief to prevent the | 3016 |
recurrence of the conduct, and if | 3017 |
judgment, reasonable attorneys' fees, or terminate the rental | 3018 |
agreement. | 3019 |
| 3020 |
rental agreement shall: | 3021 |
(1) Keep that part of the premises that the resident occupies | 3022 |
and uses safe and sanitary; | 3023 |
(2) Dispose of all rubbish, garbage, and other waste in a | 3024 |
clean, safe, and sanitary manner; | 3025 |
(3) Comply with the requirements imposed on residents by all | 3026 |
applicable state and local housing, health, and safety codes, | 3027 |
rules of the | 3028 |
and rules of the manufactured home park; | 3029 |
(4) Personally refrain, and forbid any other person who is on | 3030 |
the premises with the resident's permission, from intentionally or | 3031 |
negligently destroying, defacing, damaging, or removing any | 3032 |
fixture, appliance, or other part of the residential premises; | 3033 |
(5) Conduct self and require other persons on the premises | 3034 |
with the resident's consent to conduct themselves in a manner that | 3035 |
will not disturb the resident's neighbors' peaceful enjoyment of | 3036 |
the manufactured home park. | 3037 |
(B) The resident shall not unreasonably withhold consent for | 3038 |
the park operator to enter the home to inspect utility | 3039 |
connections, or enter onto the premises in order to inspect the | 3040 |
premises, make ordinary, necessary, or agreed repairs, | 3041 |
decorations, alterations, or improvements, deliver parcels which | 3042 |
are too large for the resident's mail facilities, or supply | 3043 |
necessary or agreed services. | 3044 |
(C) If the resident violates any provision of this section, | 3045 |
the park operator may recover any actual damages which result from | 3046 |
the violation and reasonable attorneys' fees. This remedy is in | 3047 |
addition to any right of the park operator to terminate the rental | 3048 |
agreement, to maintain an action for the possession of the | 3049 |
premises, or injunctive relief to compel access under division (B) | 3050 |
of this section. | 3051 |
| 3052 |
fulfill any obligation imposed upon | 3053 |
section | 3054 |
agreement, or the conditions of the premises are such that the | 3055 |
resident reasonably believes that a park operator has failed to | 3056 |
fulfill any such obligations, or a governmental agency has found | 3057 |
that the premises are not in compliance with building, housing, | 3058 |
health, or safety codes which apply to any condition of the | 3059 |
residential premises that could materially affect the health and | 3060 |
safety of an occupant, the resident may give notice in writing to | 3061 |
the park operator specifying the acts, omissions, or code | 3062 |
violations that constitute noncompliance with such provisions. The | 3063 |
notice shall be sent to the person or place where rent is normally | 3064 |
paid. | 3065 |
(B) If a park operator receives the notice described in | 3066 |
division (A) of this section and after receipt of the notice fails | 3067 |
to remedy the condition within a reasonable time, considering the | 3068 |
severity of the condition and the time necessary to remedy such | 3069 |
condition, or within thirty days, whichever is sooner, and if the | 3070 |
resident is current in rent payments due under the rental | 3071 |
agreement, the resident may do one of the following: | 3072 |
(1) Deposit all rent that is due and thereafter becomes due | 3073 |
the park operator with the clerk of court of the municipal or | 3074 |
county court having jurisdiction in the territory in which the | 3075 |
residential premises are located; | 3076 |
(2) Apply to the court for an order directing the park | 3077 |
operator to remedy the condition. As part thereof, the resident | 3078 |
may deposit rent pursuant to division (B)(1) of this section, and | 3079 |
may apply for an order reducing the periodic rent due the park | 3080 |
operator until such time as the park operator does remedy the | 3081 |
condition, and may apply for an order to use the rent deposited to | 3082 |
remedy the condition. In any order issued pursuant to this | 3083 |
division, the court may require the resident to deposit rent with | 3084 |
the clerk of court as provided in division (B)(1) of this section. | 3085 |
| 3086 |
with the clerk of a court as provided in section | 3087 |
of the Revised Code, the clerk shall give written notice of this | 3088 |
fact to the park operator and to | 3089 |
any. | 3090 |
(B) The clerk shall place all rent deposited with | 3091 |
clerk in a separate rent escrow account in the name of the clerk | 3092 |
in a bank or building and loan association domiciled in this | 3093 |
state. | 3094 |
(C) The clerk shall keep in a separate docket an account of | 3095 |
each deposit, with the name and address of the resident, and the | 3096 |
name and address of the park operator and of | 3097 |
operator's agent, if any. | 3098 |
(D) For | 3099 |
one per cent of the amount of the rent deposited, which shall be | 3100 |
assessed as court costs. | 3101 |
(E) All interest that has accrued on the rent deposited by | 3102 |
the clerk of a county court under division (B) of this section | 3103 |
shall be paid into the treasury of the political subdivision for | 3104 |
which the clerk performs | 3105 |
has accrued on the rent deposited by the clerk of a municipal | 3106 |
court under division (B) of this section shall be paid into the | 3107 |
city treasury as defined in division (B) of section 1901.03 of the | 3108 |
Revised Code. | 3109 |
| 3110 |
notice that rent due | 3111 |
a clerk of court pursuant to section | 3112 |
Revised Code, may: | 3113 |
(1) Apply to the clerk of court for release of the rent on | 3114 |
the ground that the condition contained in the notice given | 3115 |
pursuant to division (A) of section | 3116 |
Code has been remedied. The clerk shall forthwith release the | 3117 |
rent, less costs, to the park operator if the resident gives | 3118 |
written notice to the clerk that the condition has been remedied. | 3119 |
(2) Apply to the court for release of the rent on the grounds | 3120 |
that the resident did not comply with the notice requirement of | 3121 |
division (A) of section | 3122 |
that the resident was not current in rent payments due under the | 3123 |
rental agreement at the time the resident initiated rent deposits | 3124 |
with the clerk of courts under division (B)(1) of section | 3125 |
4781.41 of the Revised Code; | 3126 |
(3) Apply to the court for release of the rent on the grounds | 3127 |
that there was no violation of any obligation imposed upon the | 3128 |
park operator by section | 3129 |
the rental agreement, or by any building, housing, health, or | 3130 |
safety code, or that the condition contained in the notice given | 3131 |
pursuant to division (A) of section | 3132 |
Code has been remedied. | 3133 |
(B) The resident shall be named as a party to any action | 3134 |
filed by the park operator under this section, and shall have the | 3135 |
right to file an answer and counterclaim, as in other civil cases. | 3136 |
A trial shall be held within sixty days of the date of filing of | 3137 |
the park operator's complaint, unless for good cause shown the | 3138 |
court grants a continuance. | 3139 |
(C) If the court finds that there was no violation of any | 3140 |
obligation imposed upon the park operator by section | 3141 |
4781.38 of the Revised Code or by the rental agreement, or by any | 3142 |
building, housing, health, or safety code, or that the condition | 3143 |
contained in the notice given pursuant to division (A) of section | 3144 |
3145 | |
resident did not comply with the notice requirement of division | 3146 |
(A) of section
| 3147 |
resident was not current in rent payments at the time the resident | 3148 |
initiated rent deposits with the clerk of court under division | 3149 |
(B)(1) of section | 3150 |
shall order the release to the park operator of rent on deposit | 3151 |
with the clerk, less costs. | 3152 |
(D) If the court finds that the condition contained in the | 3153 |
notice given pursuant to division (A) of section | 3154 |
of the Revised Code was the result of an act or omission of the | 3155 |
resident, or that the resident intentionally acted in bad faith in | 3156 |
proceeding under section | 3157 |
resident shall be liable for damages caused to the park operator, | 3158 |
and for costs, together with reasonable attorneys' fees if the | 3159 |
resident intentionally acted in bad faith. | 3160 |
| 3161 |
action for the release of rent deposited with a clerk of court, | 3162 |
the court may, during the pendency of the action, upon application | 3163 |
of the park operator, release part of the rent on deposit for | 3164 |
payment of the periodic interest on a mortgage on the premises, | 3165 |
the periodic principal payments on a mortgage on the premises, the | 3166 |
insurance premiums for the premises, real estate taxes on the | 3167 |
premises, utility services, repairs, and other customary and usual | 3168 |
costs of operating the premises. | 3169 |
(B) In determining whether to release rent for the payments | 3170 |
described in division (A) of this section, the court shall | 3171 |
consider the amount of rent the park operator receives from other | 3172 |
lots, the cost of operating these lots, and the costs which may be | 3173 |
required to remedy the condition contained in the notice given | 3174 |
pursuant to division (A) of section | 3175 |
Code. | 3176 |
| 3177 |
violation of the rules of the manufactured home park, of the | 3178 |
3179 | |
applicable state and local health and safety codes, the park | 3180 |
operator may deliver a written notification of the violation to | 3181 |
the resident. The notification shall contain all of the following: | 3182 |
(A) A description of the violation; | 3183 |
(B) A statement that the rental agreement will terminate upon | 3184 |
a date specified in the written notice not less than thirty days | 3185 |
after receipt of the notice unless the resident remedies the | 3186 |
violation; | 3187 |
(C) A statement that the violation was material and that if a | 3188 |
second material violation of any park or | 3189 |
commission rule, or any health and safety code, occurs within six | 3190 |
months after the date of this notice, the rental agreement will | 3191 |
terminate immediately; | 3192 |
(D) A statement that a defense available to termination of | 3193 |
the rental agreement for two material violations of park or
| 3194 |
3195 | |
that the park rule is unreasonable, or that the park or | 3196 |
3197 | |
being enforced against other manufactured home park residents, or | 3198 |
that the two violations were not willful and not committed in bad | 3199 |
faith. | 3200 |
If the resident remedies the condition described in the | 3201 |
notice, whether by repair, the payment of damages, or otherwise, | 3202 |
the rental agreement shall not terminate. The park operator may | 3203 |
terminate the rental agreement immediately if the resident commits | 3204 |
a second material violation of the park or | 3205 |
commission rules, or of applicable state and local health and | 3206 |
safety codes, subject to the defense that the park rule is | 3207 |
unreasonable, that the park or | 3208 |
rule, or health or safety code, is not being enforced against | 3209 |
other manufactured home park residents, or that the two violations | 3210 |
were not willful and not committed in bad faith. | 3211 |
| 3212 |
4781.36 to | 3213 |
recover damages for the breach of contract or the breach of any | 3214 |
duty that is imposed by law. | 3215 |
| 3216 |
4781.36 to
| 3217 |
waived by any oral or written agreement except as provided in | 3218 |
division (F) of this section. | 3219 |
(B) No warrant of attorney to confess judgment shall be | 3220 |
recognized in any rental agreement or in any other agreement | 3221 |
between a park operator and resident for the recovery of rent or | 3222 |
damages to the residential premises. | 3223 |
(C) No agreement to pay the park operator's or resident's | 3224 |
attorney fees shall be recognized in any rental agreement for | 3225 |
residential premises or in any other agreement between a park | 3226 |
operator and resident. | 3227 |
(D) No agreement by a resident to the exculpation or | 3228 |
limitation of any liability of the park operator arising under law | 3229 |
or to indemnify the park operator for that liability or its | 3230 |
related costs shall be recognized in any rental agreement or in | 3231 |
any other agreement between a park operator and resident. | 3232 |
(E) A rental agreement, or the assignment, conveyance, trust | 3233 |
deed, or security instrument of the park operator's interest in | 3234 |
the rental agreement may not permit the receipt of rent free of | 3235 |
the obligation to comply with section | 3236 |
Revised Code. | 3237 |
(F) The park operator may agree to assume responsibility for | 3238 |
fulfilling any duty or obligation imposed on a resident by section | 3239 |
3240 |
| 3241 |
finds a rental agreement, or any clause of it, to have been | 3242 |
unconscionable at the time it was made, it may refuse to enforce | 3243 |
the rental agreement or it may enforce the remainder of the rental | 3244 |
agreement without the unconscionable clause, or it may so limit | 3245 |
the application of any unconscionable clause as to avoid any | 3246 |
unconscionable result. | 3247 |
(B) When it is claimed or appears to the court that the | 3248 |
rental agreement, or any clause of it, may be unconscionable, the | 3249 |
parties shall be afforded a reasonable opportunity to present | 3250 |
evidence as to its setting, purpose, and effect to aid the court | 3251 |
in making the determination. | 3252 |
| 3253 |
premises shall initiate any act, including termination of | 3254 |
utilities or services, exclusion from the premises, or threat of | 3255 |
any unlawful act, against a resident, or a resident whose right to | 3256 |
possession has terminated, for the purpose of recovering | 3257 |
possession of residential premises, other than as provided in | 3258 |
Chapters 1923., | 3259 |
(B) No park operator of residential premises shall seize the | 3260 |
furnishings or possessions of a resident, or of a resident whose | 3261 |
right to possession was terminated, for the purpose of recovering | 3262 |
rent payments, other than in accordance with an order issued by a | 3263 |
court of competent jurisdiction. | 3264 |
(C) A park operator who violates this section is liable in a | 3265 |
civil action for all damages caused to a resident, or to a | 3266 |
resident whose right to possession has terminated, together with | 3267 |
reasonable attorneys' fees. | 3268 |
| 3269 |
fifty dollars or one month's periodic rent, whichever is greater, | 3270 |
shall bear interest on the excess at the rate of five per cent per | 3271 |
annum if the resident remains in possession of the premises for | 3272 |
six months or more, and shall be computed and paid annually by the | 3273 |
park operator to the resident. | 3274 |
(B) Upon termination of the rental agreement any property or | 3275 |
money held by the park operator as a security deposit may be | 3276 |
applied to the payment of past due rent and to the payment of the | 3277 |
amount of damages that the park operator has suffered by reason of | 3278 |
the resident's noncompliance with section | 3279 |
Revised Code or the rental agreement. Any deduction from the | 3280 |
security deposit shall be itemized and identified by the park | 3281 |
operator in a written notice delivered to the resident together | 3282 |
with the amount due, within thirty days after termination of the | 3283 |
rental agreement and delivery of possession. The resident shall | 3284 |
provide the park operator in writing with a forwarding address or | 3285 |
new address to which the written notice and amount due from the | 3286 |
park operator may be sent. If the resident fails to provide the | 3287 |
park operator with the forwarding or new address as required, the | 3288 |
resident shall not be entitled to damages or attorneys' fees under | 3289 |
division (C) of this section. | 3290 |
(C) If the park operator fails to comply with division (B) of | 3291 |
this section, the resident may recover the property and money due | 3292 |
3293 | |
amount wrongfully withheld, and reasonable attorneys' fees. | 3294 |
| 3295 |
residential premises shall contain the name and address of the | 3296 |
owner of the residential premises and the name and address of the | 3297 |
owner's agent, if any. If the owner or the owner's agent is a | 3298 |
corporation, partnership, limited partnership, association, trust, | 3299 |
or other entity, the address shall be the principal place of | 3300 |
business in the county in which the residential premises are | 3301 |
situated or if there is no place of business in such county then | 3302 |
its principal place of business in this state, and shall include | 3303 |
the name of the person in charge thereof. | 3304 |
(B) If the rental agreement is oral, the park operator, at | 3305 |
the commencement of the term of occupancy, shall deliver to the | 3306 |
resident a written notice containing the information required in | 3307 |
division (A) of this section. | 3308 |
(C) If the park operator fails to provide the notice of the | 3309 |
name and address of the owner and owner's agent, if any, as | 3310 |
required under division (A) or (B) of this section, the notices to | 3311 |
the park operator required under division (A) of sections
| 3312 |
4781.41 and | 3313 |
park operator and the operator's agent. | 3314 |
(D) Every written rental agreement for residential premises | 3315 |
shall contain the following notice in ten-point boldface type: | 3316 |
"YOUR RIGHTS AS A RESIDENT AND YOUR MANUFACTURED HOME PARK | 3317 |
OPERATOR'S RIGHTS ARE PROTECTED BY SECTIONS | 3318 |
3319 | |
AGREEMENTS IN MANUFACTURED HOME PARKS." | 3320 |
If the rental agreement is oral, the park operator, at the | 3321 |
commencement of the term of occupancy, shall deliver the notice to | 3322 |
the resident in writing. | 3323 |
| 3324 |
continue in existence any ordinance and no township may adopt or | 3325 |
continue in existence any resolution that is in conflict with | 3326 |
sections | 3327 |
or that regulates those rights and obligations of parties to a | 3328 |
rental agreement that are regulated by sections | 3329 |
3330 | |
3331 | |
building, health, or safety codes of any municipal corporation or | 3332 |
township. | 3333 |
Sec. 4781.54. There is hereby created in the state treasury | 3334 |
the manufactured homes commission regulatory fund. The fund shall | 3335 |
consist of fees paid under section 4781.28 of the Revised Code and | 3336 |
shall be used for the purposes described in that section. | 3337 |
Sec. 4781.60. (A) The manufactured homes commission shall | 3338 |
develop a list comprised of organizations that have an interest in | 3339 |
the sale or purchase of parks and persons that assist in the | 3340 |
financing of manufactured home parks. The list shall include the | 3341 |
Ohio manufactured homes association, the association of | 3342 |
manufactured home residents of Ohio, and any other entity that the | 3343 |
commission identifies as appropriate for inclusion on that list or | 3344 |
that requests inclusion on that list. The commission shall contact | 3345 |
persons on that list when a manufactured home park is offered for | 3346 |
sale, and at any other time at the commission's discretion. | 3347 |
(B) The commission shall adopt rules that establish | 3348 |
relocation expenses that a manufactured home park operator shall | 3349 |
provide to an owner when a manufactured home park is converted or | 3350 |
sold for a use other than as a manufactured home park. The rules | 3351 |
shall specify that the amount of reimbursement shall be the | 3352 |
greater of the actual cost of relocating a home or three thousand | 3353 |
dollars to the owner of a single-wide manufactured or mobile home | 3354 |
or five thousand dollars to the owner of a double-wide or larger | 3355 |
manufactured or mobile home. | 3356 |
Sec. 4781.99. (A) Whoever violates division (A) of section | 3357 |
4781.16 of the Revised Code is guilty of a minor misdemeanor on a | 3358 |
first offense and shall be subject to a mandatory fine of one | 3359 |
hundred dollars. On a second offense, the person is guilty of a | 3360 |
misdemeanor of the first degree and shall be subject to a | 3361 |
mandatory fine of one thousand dollars. | 3362 |
(B) Whoever violates section 4781.20 of the Revised Code is | 3363 |
guilty of a minor misdemeanor. | 3364 |
(C) Whoever violates any of the following is guilty of a | 3365 |
misdemeanor of the fourth degree: | 3366 |
(1) Division (B) or (C) of section 4781.16 of the Revised | 3367 |
Code; | 3368 |
(2) Section 4781.22 of the Revised Code; | 3369 |
(3) Section 4781.23 of the Revised Code; | 3370 |
(4) Division (A) of section 4781.24 of the Revised Code; | 3371 |
(5) Section 4781.25 of the Revised Code; | 3372 |
(6) Division (A) of section 4781.35 of the Revised Code. | 3373 |
Sec. 4905.90. As used in sections 4905.90 to 4905.96 of the | 3374 |
Revised Code: | 3375 |
(A) "Contiguous property" includes, but is not limited to, a | 3376 |
manufactured home park as defined in section | 3377 |
the Revised Code; a public or publicly subsidized housing project; | 3378 |
an apartment complex; a condominium complex; a college or | 3379 |
university; an office complex; a shopping center; a hotel; an | 3380 |
industrial park; and a race track. | 3381 |
(B) "Gas" means natural gas, flammable gas, or gas which is | 3382 |
toxic or corrosive. | 3383 |
(C) "Gathering lines" and the "gathering of gas" have the | 3384 |
same meaning as in the Natural Gas Pipeline Safety Act and the | 3385 |
rules adopted by the United States department of transportation | 3386 |
pursuant to the Natural Gas Pipeline Safety Act, including 49 | 3387 |
C.F.R. part 192, as amended. | 3388 |
(D) "Intrastate pipe-line transportation" has the same | 3389 |
meaning as in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1671, as | 3390 |
amended, but excludes the gathering of gas exempted by the Natural | 3391 |
Gas Pipeline Safety Act. | 3392 |
(E) "Master-meter system" means a pipe-line system that | 3393 |
distributes gas within a contiguous property for which the system | 3394 |
operator purchases gas for resale to consumers, including tenants. | 3395 |
Such pipe-line system supplies consumers who purchase the gas | 3396 |
directly through a meter, or by paying rent, or by other means. | 3397 |
The term includes a master-meter system as defined in 49 C.F.R. | 3398 |
191.3, as amended. The term excludes a pipeline within a | 3399 |
manufactured home, mobile home, or a building. | 3400 |
(F) "Natural Gas Pipeline Safety Act" means the "Natural Gas | 3401 |
Pipeline Safety Act of 1968," 82 Stat. 720, 49 U.S.C.A. App. 1671 | 3402 |
et seq., as amended. | 3403 |
(G) "Operator" means any of the following: | 3404 |
(1) A gas company or natural gas company as defined in | 3405 |
section 4905.03 of the Revised Code, except that division (A)(6) | 3406 |
of that section does not authorize the public utilities commission | 3407 |
to relieve any producer of gas, as a gas company or natural gas | 3408 |
company, of compliance with sections 4905.90 to 4905.96 of the | 3409 |
Revised Code or the pipe-line safety code created under section | 3410 |
4905.91 of the Revised Code; | 3411 |
(2) A pipe-line company, as defined in section 4905.03 of the | 3412 |
Revised Code, when engaged in the business of transporting gas by | 3413 |
pipeline; | 3414 |
(3) A public utility that is excepted from the definition of | 3415 |
"public utility" under division (B) or (C) of section 4905.02 of | 3416 |
the Revised Code, when engaged in supplying or transporting gas by | 3417 |
pipeline within this state; | 3418 |
(4) Any person that owns, operates, manages, controls, or | 3419 |
leases any of the following: | 3420 |
(a) Intrastate pipe-line transportation facilities within | 3421 |
this state; | 3422 |
(b) Gas gathering lines within this state which are not | 3423 |
exempted by the Natural Gas Pipeline Safety Act; | 3424 |
(c) A master-meter system within this state. | 3425 |
"Operator" does not include an ultimate consumer who owns a | 3426 |
service line, as defined in 49 C.F.R. 192.3, as amended, on the | 3427 |
real property of that ultimate consumer. | 3428 |
(H) "Operator of a master-meter system" means a person | 3429 |
described under division (F)(4)(c) of this section. An operator of | 3430 |
a master-meter system is not a public utility under section | 3431 |
4905.02 or a gas or natural gas company under section 4905.03 of | 3432 |
the Revised Code. | 3433 |
(I) "Person" means: | 3434 |
(1) In addition to those defined in division (C) of section | 3435 |
1.59 of the Revised Code, a joint venture or a municipal | 3436 |
corporation; | 3437 |
(2) Any trustee, receiver, assignee, or personal | 3438 |
representative of persons defined in division (H)(1) of this | 3439 |
section. | 3440 |
(J) "Safety audit" means the public utilities commission's | 3441 |
audit of the premises, pipe-line facilities, and the records, | 3442 |
maps, and other relevant documents of a master-meter system to | 3443 |
determine the operator's compliance with sections 4905.90 to | 3444 |
4905.96 of the Revised Code and the pipe-line safety code. | 3445 |
(K) "Safety inspection" means any inspection, survey, or | 3446 |
testing of a master-meter system which is authorized or required | 3447 |
by sections 4905.90 to 4905.96 of the Revised Code and the | 3448 |
pipe-line safety code. The term includes, but is not limited to, | 3449 |
leak surveys, inspection of regulators and critical valves, and | 3450 |
monitoring of cathodic protection systems, where applicable. | 3451 |
(L) "Safety-related condition" means any safety-related | 3452 |
condition defined in 49 C.F.R. 191.23, as amended. | 3453 |
(M) "Total Mcfs of gas it supplied or delivered" means the | 3454 |
sum of the following volumes of gas that an operator supplied or | 3455 |
delivered, measured in units per one thousand cubic feet: | 3456 |
(1) Residential sales; | 3457 |
(2) Commercial and industrial sales; | 3458 |
(3) Other sales to public authorities; | 3459 |
(4) Interdepartmental sales; | 3460 |
(5) Sales for resale; | 3461 |
(6) Transportation of gas. | 3462 |
Sec. 6111.46. (A) The environmental protection agency shall | 3463 |
exercise general supervision of the treatment and disposal of | 3464 |
sewage and industrial wastes and the operation and maintenance of | 3465 |
works or means installed for the collection, treatment, and | 3466 |
disposal of sewage and industrial wastes. Such general supervision | 3467 |
shall apply to all features of construction, operation, and | 3468 |
maintenance of the works or means that do or may affect the proper | 3469 |
treatment and disposal of sewage and industrial wastes. | 3470 |
(B)(1) The agency shall investigate the works or means | 3471 |
employed in the collection, treatment, and disposal of sewage and | 3472 |
industrial wastes whenever considered necessary or whenever | 3473 |
requested to do so by local health officials and may issue and | 3474 |
enforce orders and shall adopt rules governing the operation and | 3475 |
maintenance of the works or means of treatment and disposal of | 3476 |
such sewage and industrial wastes. In adopting rules under this | 3477 |
section, the agency shall establish standards governing the | 3478 |
construction, operation, and maintenance of the works or means of | 3479 |
collection, treatment, and disposal of sewage that is generated at | 3480 |
recreational vehicle parks, recreation camps, combined park-camps, | 3481 |
and temporary park-camps that are separate from such standards | 3482 |
relative to manufactured home parks. | 3483 |
(2) As used in division (B)(1) of this section: | 3484 |
(a) "Manufactured home parks" has the same meaning as in | 3485 |
section | 3486 |
(b) "Recreational vehicle parks," "recreation camps," | 3487 |
"combined park-camps," and "temporary park-camps" have the same | 3488 |
meanings as in section 3729.01 of the Revised Code. | 3489 |
(C) The agency may require the submission of records and data | 3490 |
of construction, operation, and maintenance, including plans and | 3491 |
descriptions of existing works or means of treatment and disposal | 3492 |
of such sewage and industrial wastes. When the agency requires the | 3493 |
submission of such records or information, the public officials or | 3494 |
person, firm, or corporation having the works in charge shall | 3495 |
comply promptly with that order. | 3496 |
Section 2. That existing sections 1901.18, 1909.11, 1923.01, | 3497 |
1923.02, 1923.061, 1923.15, 2305.01, 3701.83, 3709.085, 3709.09, | 3498 |
3709.092, 3729.01, 3733.02, 3733.021, 3733.022, 3733.024, | 3499 |
3733.025, 3733.03, 3733.04, 3733.05, 3733.06, 3733.08, 3733.09, | 3500 |
3733.091, 3733.10, 3733.101, 3733.11, 3733.12, 3733.121, 3733.122, | 3501 |
3733.123, 3733.13, 3733.14, 3733.15, 3733.16, 3733.17, 3733.18, | 3502 |
3733.19, 3733.20, 3733.41, 3733.99, 3781.06, 4503.061, 4503.062, | 3503 |
4517.01, 4517.04, 4517.09, 4517.10, 4517.12, 4517.13, 4517.14, | 3504 |
4517.23, 4517.24, 4517.44, 4743.05, 4781.01, 4781.02, 4781.04, | 3505 |
4781.07, 4781.10, 4781.14, 4781.15, 4781.99, 4905.90, and 6111.46, | 3506 |
and sections 3733.01, 3733.031, 3733.07, and 4517.49 of the | 3507 |
Revised Code are hereby repealed. | 3508 |
Section 3. Except as provided in this section, Sections 1 and | 3509 |
2 of this act shall take effect on July 1, 2011. | 3510 |
(A) The amendment by Sections 1 and 2 of this act of sections | 3511 |
3733.11, 4781.10, 4781.14, and 4781.15 of the Revised Code and the | 3512 |
enactment by Section 1 of this act of sections 2323.05, 3733.111, | 3513 |
4781.121, and 4781.60 of the Revised Code take effect on the | 3514 |
ninety-first day after this act is filed with the Secretary of | 3515 |
State. | 3516 |
(B) The amendment by Sections 1 and 2 of this act of sections | 3517 |
4517.01, 4517.04, 4517.09, 4517.10, 4517.12, 4517.13, 4517.14, | 3518 |
4517.23, 4517.24, 4517.44, and 4781.02 of the Revised Code and the | 3519 |
repeal by Section 2 of this act of section 4517.49 of the Revised | 3520 |
Code take effect on the ninety-first day after this act is filed | 3521 |
with the Secretary of State, or on July 1, 2010, whichever is | 3522 |
later. | 3523 |
Section 4. That sections 3733.11 and 4781.10 be amended and | 3524 |
sections 3733.11 (4781.40) and 3733.111 (4781.53) of the Revised | 3525 |
Code be amended for the purpose of adopting a new section number | 3526 |
as indicated in parentheses, to read as follows: | 3527 |
Sec. 4781.10. (A)(1) The manufactured homes commission may | 3528 |
establish programs and requirements for continuing education for | 3529 |
manufactured housing installers. The commission shall not require | 3530 |
licensees to complete more than eight credit hours of continuing | 3531 |
education during each license period. If the commission | 3532 |
establishes a program of continuing education, it shall require | 3533 |
that only courses that the commission preapproves be accepted for | 3534 |
licensure credit, and unless an extension is granted pursuant to | 3535 |
division (D) of this section, that all credit hours be | 3536 |
successfully completed prior to the expiration of the installer's | 3537 |
license. | 3538 |
(2) The manufactured homes commission shall establish by rule | 3539 |
programs of continuing education for manufactured home park | 3540 |
operators and shall approve by rule any courses offered through | 3541 |
those programs. The rules the commission adopts shall specify that | 3542 |
the courses shall be developed by the Ohio manufactured homes | 3543 |
association in consultation with the association of manufactured | 3544 |
home residents of Ohio, or any other entity the commission | 3545 |
designates by rule. The courses shall be designed to fulfill the | 3546 |
license renewal requirements of section | 3547 |
Revised Code of eight hours of continuing education and shall be | 3548 |
presented by the Ohio manufactured homes association, or any other | 3549 |
entity the commission designates by rule, as the course provider. | 3550 |
Certified completion of the course shall fulfill the continuing | 3551 |
education requirement of license renewal. | 3552 |
(B) To provide the resources to administer continuing | 3553 |
education programs, the commission may establish nonrefundable | 3554 |
fees, including any of the following: | 3555 |
(1) An application fee not to exceed one hundred fifty | 3556 |
dollars charged to the sponsor of each proposed course; | 3557 |
(2) A renewal fee not to exceed seventy-five dollars, charged | 3558 |
to the sponsor of each course, for the annual renewal of course | 3559 |
approval; | 3560 |
(3) A course fee charged to the sponsor of each course | 3561 |
offered, not to exceed five dollars per credit hour, for each | 3562 |
person completing an approved course; | 3563 |
(4) A student fee charged to licensees, not to exceed fifty | 3564 |
dollars, for each course or activity a student submits to the | 3565 |
commission for approval. | 3566 |
(C) The commission may adopt reasonable rules not | 3567 |
inconsistent with this chapter to carry out any continuing | 3568 |
education program, including rules that govern the following: | 3569 |
(1) The content and subject matter of continuing education | 3570 |
courses; | 3571 |
(2) The criteria, standards, and procedures for the approval | 3572 |
of courses, course sponsors, and course instructors; | 3573 |
(3) The methods of instruction; | 3574 |
(4) The computation of course credit; | 3575 |
(5) The ability to carry forward course credit from one year | 3576 |
to another; | 3577 |
(6) Conditions under which the commission may grant a waiver | 3578 |
or variance from continuing education requirements on the basis of | 3579 |
hardship or other reasons; | 3580 |
(7) Procedures for compliance with the continuing education | 3581 |
requirements and sanctions for noncompliance. | 3582 |
(D) The commission shall not renew the license of any person | 3583 |
who fails to satisfy any continuing education requirement that the | 3584 |
commission establishes. The commission may, for good cause, grant | 3585 |
an extension of time to comply with the continuing education | 3586 |
requirements. Any installer who is granted an extension and | 3587 |
completes the continuing education requirements within the time | 3588 |
the commission establishes is deemed in compliance with the | 3589 |
education requirements. The license of any person who is granted | 3590 |
an extension shall remain in effect during the period of the | 3591 |
extension. | 3592 |
| 3593 |
operator shall offer each home owner a written rental agreement | 3594 |
for a manufactured home park lot for a term of one year or more | 3595 |
that contains terms essentially the same as any alternative | 3596 |
month-to-month rental agreement offered to current and prospective | 3597 |
tenants and owners. The park operator shall offer the minimum | 3598 |
one-year rental agreement to the owner prior to installation of | 3599 |
the home in the manufactured home park or, if the home is in the | 3600 |
manufactured home park, prior to the expiration of the owner's | 3601 |
existing rental agreement. | 3602 |
(2) The park operator shall deliver the offer to the owner by | 3603 |
certified mail, return receipt requested, or in person. If the | 3604 |
park operator delivers the offer to the owner in person, the owner | 3605 |
shall complete a return showing receipt of the offer. If the owner | 3606 |
does not accept the offer, the park operator is discharged from | 3607 |
any obligation to make any further such offers. If the owner | 3608 |
accepts the offer, the park operator shall, at the expiration of | 3609 |
each successive rental agreement, offer the owner another rental | 3610 |
agreement, for a term that is mutually agreed upon, and that | 3611 |
contains terms essentially the same as the alternative | 3612 |
month-to-month agreement. The park operator shall deliver | 3613 |
subsequent rental offers by ordinary mail or personal delivery. If | 3614 |
the park operator sells the manufactured home park to another | 3615 |
manufactured home park operator, the purchaser is bound by the | 3616 |
rental agreements entered into by the purchaser's predecessor. | 3617 |
(B) A park operator shall fully disclose in writing all fees, | 3618 |
charges, assessments, including rental fees, and rules prior to a | 3619 |
tenant or owner executing a rental agreement and assuming | 3620 |
occupancy in the manufactured home park. No fees, charges, | 3621 |
assessments, or rental fees so disclosed may be increased nor | 3622 |
rules changed by a park operator without specifying the date of | 3623 |
implementation of the changed fees, charges, assessments, rental | 3624 |
fees, or rules, which date shall be not less than thirty days | 3625 |
after written notice of the change and its effective date to all | 3626 |
tenants or owners in the manufactured home park, and no fee, | 3627 |
charge, assessment, or rental fee shall be increased during the | 3628 |
term of any tenant's or owner's rental agreement. Failure on the | 3629 |
part of the park operator to fully disclose all fees, charges, or | 3630 |
assessments shall prevent the park operator from collecting the | 3631 |
undisclosed fees, charges, or assessments. If a tenant or owner | 3632 |
refuses to pay any undisclosed fees, charges, or assessments, the | 3633 |
refusal shall not be used by the park operator as a cause for | 3634 |
eviction in any court. | 3635 |
(C) A park operator shall promulgate rules governing the | 3636 |
rental or occupancy of a lot in the manufactured home park. The | 3637 |
rules shall not be unreasonable, arbitrary, or capricious. A copy | 3638 |
of the rules and any amendments to them shall be delivered by the | 3639 |
park operator to the tenant or owner prior to signing the rental | 3640 |
agreement. A copy of the rules and any amendments to them shall be | 3641 |
posted in a conspicuous place upon the manufactured home park | 3642 |
grounds. | 3643 |
(D) No park operator shall require an owner to purchase from | 3644 |
the park operator any personal property. The park operator may | 3645 |
determine by rule the style or quality of skirting, equipment for | 3646 |
tying down homes, manufactured or mobile home accessories, or | 3647 |
other equipment to be purchased by an owner from a vendor of the | 3648 |
owner's choosing, provided that the equipment is readily available | 3649 |
to the owner. Any such equipment shall be installed in accordance | 3650 |
with the manufactured home park rules. | 3651 |
(E) No park operator shall charge any owner who chooses to | 3652 |
install an electric or gas appliance in a home an additional fee | 3653 |
solely on the basis of the installation, unless the installation | 3654 |
is performed by the park operator at the request of the owner, nor | 3655 |
shall the park operator restrict the installation, service, or | 3656 |
maintenance of the appliance, restrict the ingress or egress of | 3657 |
repairpersons to the manufactured home park for the purpose of | 3658 |
installation, service, or maintenance of the appliance, nor | 3659 |
restrict the making of any interior improvement in a home, if the | 3660 |
installation or improvement is in compliance with applicable | 3661 |
building codes and other provisions of law and if adequate utility | 3662 |
services are available for the installation or improvement. | 3663 |
(F) No park operator shall require a tenant to lease or an | 3664 |
owner to purchase a manufactured or mobile home from the park | 3665 |
operator or any specific person as a condition of or prerequisite | 3666 |
to entering into a rental agreement. | 3667 |
(G) No park operator shall require an owner to use the | 3668 |
services of the park operator or any other specific person for | 3669 |
installation of the manufactured or mobile home on the residential | 3670 |
premises or for the performance of any service. | 3671 |
(H) No park operator shall: | 3672 |
(1) Deny any owner the right to sell the owner's manufactured | 3673 |
home within the manufactured home park if the owner gives the park | 3674 |
operator ten days' notice of the intention to sell the home; | 3675 |
(2) Require the owner to remove the home from the | 3676 |
manufactured home park solely on the basis of the sale of the | 3677 |
home; | 3678 |
(3) Unreasonably refuse to enter into a rental agreement with | 3679 |
a purchaser of a home located within the operator's manufactured | 3680 |
home park; | 3681 |
(4) Charge any tenant or owner any fee, charge, or | 3682 |
assessment, including a rental fee, that is not set forth in the | 3683 |
rental agreement or, if the rental agreement is oral, is not set | 3684 |
forth in a written disclosure given to the tenant or owner prior | 3685 |
to the tenant or owner entering into a rental agreement; | 3686 |
(5) Charge any owner any fee, charge, or assessment because | 3687 |
of the transfer of ownership of a home or because a home is moved | 3688 |
out of or into the manufactured home park, except a charge for the | 3689 |
actual costs and expenses that are incurred by the park operator | 3690 |
in moving the home out of or into the manufactured home park, or | 3691 |
in installing the home in the manufactured home park and that have | 3692 |
not been reimbursed by another tenant or owner. | 3693 |
(6) Prohibit the indoor or outdoor display either of a for | 3694 |
sale sign by an owner on that owner's lot, including a sign that | 3695 |
indicates the owner is offering the property for sale by owner, or | 3696 |
of a political sign by a tenant or owner on that tenant's or | 3697 |
owner's lot, if the tenant or owner displaying the sign complies | 3698 |
with all applicable sections of the Revised Code and all | 3699 |
applicable municipal and county ordinance and resolutions | 3700 |
regulating the display of such a sign. As used in this section, | 3701 |
"political sign" means a sign that advertises, promotes, endorses, | 3702 |
or opposes an issue that has been certified to appear on the | 3703 |
ballot, or a candidate whose name has been certified to appear on | 3704 |
the ballot, at the next general, special, or primary election. | 3705 |
(I) If the park operator violates any provision of divisions | 3706 |
(A) to (H) of this section, the tenant or owner may commence a | 3707 |
civil action against the park operator for either or both of the | 3708 |
following: | 3709 |
(1) The greater of twenty-five dollars or the actual damages | 3710 |
resulting from the violation, and, if the tenant or owner obtains | 3711 |
a judgment, reasonable attorneys' fees; | 3712 |
(2) Termination of the rental agreement. | 3713 |
(J) No rental agreement shall require a tenant or owner to | 3714 |
sell, lease, or sublet the tenant's or owner's interest in the | 3715 |
rental agreement or the manufactured or mobile home that is or | 3716 |
will be located on the lot that is the subject of the rental | 3717 |
agreement to any specific person or through any specific person as | 3718 |
the person's agent. | 3719 |
(K) No park operator shall enter into a rental agreement with | 3720 |
the owner of a manufactured or mobile home for the use of | 3721 |
residential premises, if the rental agreement requires the owner | 3722 |
of the home, as a condition to the owner's renting, occupying, or | 3723 |
remaining on the residential premises, to pay the park operator or | 3724 |
any other person specified in the rental agreement a fee or any | 3725 |
sum of money based on the sale of the home, unless the owner of | 3726 |
the home uses the park operator or other person as the owner's | 3727 |
agent in the sale of the home. | 3728 |
(L) A park operator and a tenant or owner may include in a | 3729 |
rental agreement any terms and conditions, including any term | 3730 |
relating to rent, the duration of an agreement, and any other | 3731 |
provisions governing the rights and obligations of the parties | 3732 |
that are not inconsistent with or prohibited by sections 3733.09 | 3733 |
to 3733.20 of the Revised Code or any other rule of law. | 3734 |
(M) Notwithstanding any other provision of the Revised Code, | 3735 |
the owner of a manufactured or mobile home may utilize the | 3736 |
services of a manufactured housing dealer or broker licensed under | 3737 |
Chapter 4517. of the Revised Code or a person properly licensed | 3738 |
under Chapter | 3739 |
home. | 3740 |
| 3741 |
manufactured home park is offered for sale, the operator of that | 3742 |
park shall notify the manufactured homes commission and advise it | 3743 |
of that sale. The commission promptly shall notify persons that | 3744 |
are interested in the sale or purchase of manufactured home parks, | 3745 |
including persons included on the list the commission develops | 3746 |
pursuant to section 4781.60 of the Revised Code. | 3747 |
(B) At any time a manufactured home park is being sold or | 3748 |
converted for a use other than as a manufactured home park, the | 3749 |
operator shall do both of the following: | 3750 |
(1) Provide each tenant and owner with written notice of the | 3751 |
sale or conversion of the park. The notice shall be delivered by | 3752 |
certified mail, return receipt requested, or by personal delivery. | 3753 |
If the park operator delivers the notice in person, the operator | 3754 |
shall have the recipient complete a return showing receipt of the | 3755 |
notice. The notice shall include the date by which the tenant or | 3756 |
owner must vacate, which for tenants shall be at least one hundred | 3757 |
twenty days after receipt of the written notice and for owners | 3758 |
shall be at least one hundred eighty days after receipt of the | 3759 |
written notice. | 3760 |
(2) Pay relocation expenses to owners of homes in an amount | 3761 |
the commission establishes by rule pursuant to section 4781.60 of | 3762 |
the Revised Code. | 3763 |
(C) Within ten days after a mortgagee files to initiate a | 3764 |
foreclosure action against a manufactured home park, the mortgagee | 3765 |
shall provide written notice of that filing to the manufactured | 3766 |
homes commission and a copy of that notice to the court, as | 3767 |
section 2323.05 of the Revised Code requires. | 3768 |
Section 5. That existing sections 3733.11, 3733.111, and | 3769 |
4781.10 of the Revised Code are hereby repealed. | 3770 |
Section 6. Sections 4 and 5 of this act take effect on July | 3771 |
1, 2011. | 3772 |
Section 7. That Section 745.20 of Am. Sub. H.B. 1 of the | 3773 |
128th General Assembly be amended to read as follows: | 3774 |
Sec. 745.20. Notwithstanding section 4781.16 of the Revised | 3775 |
Code, any person licensed as a new motor vehicle dealer, used | 3776 |
motor vehicle dealer, manufactured homes broker, or salesperson | 3777 |
under Chapter 4517. of the Revised Code on June 30, 2010, may | 3778 |
continue, subject to Chapter 4781. of the Revised Code, to engage | 3779 |
in the business of displaying, selling at retail, or brokering | 3780 |
manufactured homes or mobile homes under the authority of such | 3781 |
license until the license expires or until the manufactured homes | 3782 |
commission issues or denies the person a manufactured housing | 3783 |
dealer's license, manufactured housing broker's license, or | 3784 |
manufactured housing salesperson's license under Chapter 4781. of | 3785 |
the Revised Code, whichever occurs earlier. | 3786 |
Section 8. That existing Section 745.20 of Am. Sub. H.B. 1 of | 3787 |
the 128th General Assembly is hereby repealed. | 3788 |
Section 9. Sections 7 and 8 of this act take effect on the | 3789 |
ninety-first day after this act is filed with the Secretary of | 3790 |
State, or on July 1, 2010, whichever is later. | 3791 |
Section 10. On or about July 1, 2011, the Director of Budget | 3792 |
and Management shall transfer cash from the general operations | 3793 |
fund created in section 3701.83 of the Revised Code, which has | 3794 |
been collected pursuant to sections 3733.02 to 3733.08 of the | 3795 |
Revised Code, to the occupational licensing and regulatory fund | 3796 |
created in section 4743.05 of the Revised Code. Moneys so | 3797 |
transferred shall be used only for the purpose of administering | 3798 |
sections 4781.26 to 4781.35 of the Revised Code. | 3799 |
Section 11. Notwithstanding the original term of the | 3800 |
appointment, the term of the Manufactured Homes Commission member | 3801 |
who was appointed by the Governor as a representative of the | 3802 |
Department of Health pursuant to division (B)(2)(b) of section | 3803 |
4781.02 of the Revised Code shall end on the effective date of | 3804 |
that section as amended by this act. The initial term of the | 3805 |
registered sanitarian appointed to the Manufactured Homes | 3806 |
Commission pursuant to section 4781.02 of the Revised Code, as | 3807 |
amended by this act, shall expire on the date when the | 3808 |
representative of the Department of Health's term would have | 3809 |
expired, but for this section. | 3810 |
Section 12. The General Assembly, applying the principle | 3811 |
stated in division (B) of section 1.52 of the Revised Code that | 3812 |
amendments are to be harmonized if reasonably capable of | 3813 |
simultaneous operation, finds that the following sections, | 3814 |
presented in this act as composites of the sections as amended by | 3815 |
the acts indicated, are the resulting versions of the sections in | 3816 |
effect prior to the effective date of the sections as presented in | 3817 |
this act: | 3818 |
Sections 1923.01 and 1923.02 of the Revised Code as amended | 3819 |
by both Sub. H.B. 56 and Am. Sub. S.B. 10 of the 127th General | 3820 |
Assembly. | 3821 |