| Sec. 307.698. (A) If a board of county commissioners levies | 9 |
|
a real property transfer tax under section 322.02 of the Revised | 10 |
|
Code at a rate greater than thirty cents for each one hundred | 11 |
|
dollars, the county treasurer shall create the county housing | 12 |
|
trust fund in the county treasury. The fund shall be composed of | 13 |
|
revenue from the tax to the extent the rate exceeds thirty cents | 14 |
|
for each one hundred dollars, any other money that may be lawfully | 15 |
|
expended for the purpose of the fund that the board directs to be | 16 |
|
credited to the fund, and any gifts or grants of money designated | 17 |
|
for the purpose of the fund. All money credited to the county | 18 |
|
housing trust fund shall be appropriated and expended for the | 19 |
|
purpose of providing or assisting in providing housing as | 20 |
|
authorized by Section 16 of Article VIII, Ohio Constitution, and | 21 |
|
Chapter 176. of the Revised Code, including the payment of debt | 22 |
|
charges for obligations issued under section 133.51 of the Revised | 23 |
|
Code. The board may grant money in the fund to townships, | 24 |
|
municipal corporations, or other governmental authorities in the | 25 |
|
county authorized to expend money for such purposes, to a | 26 |
|
nonprofit corporation created under section 176.011 of the Revised | 27 |
|
Code, or to other nonprofit corporations in the county the primary | 28 |
|
purpose of which is to provide or facilitate the provision of | 29 |
|
affordable housing for individuals or households having low | 30 |
|
incomes. | 31 |
| (B) In any county in which a housing trust fund is required | 32 |
|
to be created under division (A) of this section, the board of | 33 |
|
county commissioners by resolution may create a housing trust fund | 34 |
|
board. If a housing advisory board created under section 176.01 of | 35 |
|
the Revised Code exists in the county, the board of county | 36 |
|
commissioners may designate the housing advisory board to perform | 37 |
|
the duties prescribed by this division for housing trust fund | 38 |
|
boards. | 39 |
| The board of county commissioners shall appoint the members | 40 |
|
of the board and provide for its organization. The housing trust | 41 |
|
fund board shall be composed of the number of members specified by | 42 |
|
the board of county commissioners. A majority of the board's | 43 |
|
membership shall be composed of individuals who are members of the | 44 |
|
class of persons to be assisted by grants or assistance provided | 45 |
|
from the fund, including individuals or households having low | 46 |
|
incomes, or of individuals who represent organizations that serve | 47 |
|
the population which would qualify for trust fund programs, | 48 |
|
including organizations having as their primary purpose the | 49 |
|
provision of affordable housing for individuals or households | 50 |
|
having low incomes. The terms of members shall be prescribed by | 51 |
|
the board of county commissioners. | 52 |
| The housing trust fund board shall prescribe categories of | 53 |
|
programs eligible for grants or assistance from the county housing | 54 |
|
trust fund. The categories shall be consistent with the purpose of | 55 |
|
the fund, including providing affordable housing for individuals | 56 |
|
or households with low incomes. The board shall also prescribe | 57 |
|
criteria for determining eligibility for grants or other | 58 |
|
assistance from the fund and methods and procedures for applying | 59 |
|
for grants or assistance and for evaluating applicants' proposals. | 60 |
| Sec. 322.02. (A) For the purpose of paying the costs of | 65 |
enforcing and administering the tax and, providing additional | 66 |
|
general revenue for the county, and providing revenue for the | 67 |
|
county housing trust fund, any county may levy and collect a tax | 68 |
|
to be known as the real property transfer tax on each deed | 69 |
|
conveying real property or any interest in real property located | 70 |
|
wholly or partially within the boundaries of the county at a rate | 71 |
not to exceed thirtyforty cents per hundred dollars for each one | 72 |
|
hundred dollars or fraction thereof of the value of the real | 73 |
|
property or interest in real property located within the | 74 |
|
boundaries of the county granted, assigned, transferred, or | 75 |
|
otherwise conveyed by the deed. The tax shall be levied pursuant | 76 |
|
to a resolution adopted by the board of county commissioners of | 77 |
|
the county and, except as provided in division (A) of section | 78 |
|
322.07 of the Revised Code, shall be levied at a uniform rate upon | 79 |
all deeds as defined in dividiondivision (D) of section 322.01 of | 80 |
|
the Revised Code. Prior to the adoption of any such resolution, | 81 |
|
the board of county commissioners shall conduct two public | 82 |
|
hearings thereon, the second hearing to be not less than three nor | 83 |
|
more than ten days after the first. Notice of the date, time, and | 84 |
|
place of the hearings shall be given by publication in a newspaper | 85 |
|
of general circulation in the county once a week on the same day | 86 |
|
of the week for two consecutive weeks, the second publication | 87 |
|
being not less than ten nor more than thirty days prior to the | 88 |
|
first hearing. The tax shall be levied upon the grantor named in | 89 |
|
the deed and shall be paid by the grantor for the use of the | 90 |
|
county to the county auditor at the time of the delivery of the | 91 |
|
deed as provided in section 319.202 of the Revised Code and prior | 92 |
|
to the presentation of the deed to the recorder of the county for | 93 |
|
recording. | 94 |
| (B) No resolution levying a real property transfer tax | 95 |
|
pursuant to this section or a manufactured home transfer tax | 96 |
|
pursuant to section 322.06 of the Revised Code shall be effective | 97 |
|
sooner than thirty days following its adoption. Such a resolution | 98 |
|
is subject to a referendum as provided in sections 305.31 to | 99 |
|
305.41 of the Revised Code, unless the resolution is adopted as an | 100 |
|
emergency measure necessary for the immediate preservation of the | 101 |
|
public peace, health, or safety, in which case it shall go into | 102 |
|
immediate effect. An emergency measure must receive an affirmative | 103 |
|
vote of all of the members of the board of commissioners, and | 104 |
|
shall state the reasons for the necessity. A resolution may direct | 105 |
|
the board of elections to submit the question of levying the tax | 106 |
|
to the electors of the county at the next primary or general | 107 |
|
election in the county occurring not less than seventy-five days | 108 |
|
after the resolution is certified to the board. No such resolution | 109 |
|
shall go into effect unless approved by a majority of those voting | 110 |
|
upon it. | 111 |
| (B) The balance remaining after payment of the expenses | 118 |
|
referred to in division (A) of this section shall be deposited in | 119 |
|
the county general fund to be expended for any purpose for which | 120 |
|
general fund moneys of the county may be used, including the | 121 |
|
acquisition or construction of permanent improvements, or in the | 122 |
|
bond retirement fund for the payment of debt service charges on | 123 |
|
notes or bonds of the county issued for the acquisition or | 124 |
|
construction of permanent improvements. The amounts to be | 125 |
|
deposited in each of the funds shall be determined by the board of | 126 |
|
county commissioners. If the total rate of tax levied under | 127 |
|
section 322.02 of the Revised Code exceeds thirty cents for each | 128 |
|
one hundred dollars or fraction thereof, funds collected from the | 129 |
|
tax to the extent of the rate in excess of thirty cents for each | 130 |
|
one hundred dollars or fraction thereof shall be deposited in the | 131 |
|
county housing trust fund created under section 307.698 of the | 132 |
|
Revised Code and used for the purposes prescribed by that section. | 133 |