H.B. 50

127th General Assembly

(As Passed by the House)

 

Reps.     Evans, J. McGregor, Stebelton, Flowers, Setzer, Combs, Seitz, Bacon, Hite, Okey, Webster, Collier, Bubp, Chandler, Batchelder, Bolon, Coley, Daniels, Dolan, Gerberry, Gibbs, R. Hagan, Hottinger, Huffman, Letson, Luckie, Mallory, Otterman, Patton, Schindel, Schneider, J. Stewart, Wagoner, Zehringer

·        Authorizes townships to remove junk motor vehicles from public and private property.

·        Authorizes townships to borrow money to pay for the removal of junk motor vehicles on public or private property and for the abatement, control, or removal of nuisance debris on private property when, in either case, the expenses incurred exceed $500.

Township regulation of junk motor vehicles

Current law:  regulation of storage

Current law authorizes townships to regulate the storage but not to undertake the removal of junk motor vehicles within the unincorporated territory of the township.  A "junk motor vehicle" is a motor vehicle that is three model years old or older, is apparently inoperable, and is extensively damaged, including, but not limited to, missing wheels, tires, engine, or transmission.

The regulations generally cannot prevent or restrict a person from storing or keeping any collector's vehicle on private property with the permission of the person having the right to the property's possession, except that a person having permission may be required to conceal, by means of buildings, fences, vegetation, terrain, or other suitable screening, any unlicensed collector's vehicle stored in the open.  However, if the collector's vehicle qualifies as a "junk motor vehicle," its storage may be regulated, regardless of whether it is licensed or unlicensed, even on private property.  (R.C. 505.173(A) and (C)--not in the bill.)

A violation of these township regulations is a criminal offense--a minor misdemeanor (maximum fine of $125).  A township also may commence a court action for an injunction, a writ of mandamus, or abatement of a nuisance, among other actions, to prohibit the storage of junk motor vehicles in violation of the regulations.  (R.C. 505.173(B) and (D)--not in the bill.)

The Motor Vehicles Law also permits political subdivisions, including townships, to regulate the storage of motor vehicles, junk motor vehicles, and abandoned junk motor vehicles on public or private property (R.C. 4513.60 to 4513.65--not in the bill).  A "junk motor vehicle," for purposes of this law, generally is a vehicle (1) that is left uncovered in the open on private property for more than 72 hours with the permission of the person having the right to the property's possession, (2) is three years old or older, (3) is extensively damaged (including, but not limited to, missing wheels, tires, motor, or transmission), (4) is apparently inoperable, and (5) has a fair market value of $1,500 or less (R.C. 4513.65(A)--not in the bill).[1]

Under this law, a board of township trustees or the zoning authority of a township may send by certified mail, return receipt requested, to the person having the right to the possession of the private property on which a junk motor vehicle is left, a notice that, within ten days of its receipt, the junk motor vehicle either must be covered by being housed in a garage or other suitable structure or be removed from the property.  A person is prohibited from willfully leaving a junk motor vehicle uncovered in the open for more than ten days after receipt of this notice.  The fact that a junk motor vehicle is left uncovered for more than ten days is prima-facie evidence of willful failure to comply with the notice, and each subsequent period of 30 days that a junk motor vehicle continues to be left uncovered constitutes a separate offense.  Violations of the prohibition are criminal offenses--depending on the number of prior convictions, either a minor misdemeanor, a misdemeanor of the fourth degree, or misdemeanor of the third degree.  (R.C. 4513.65(A) and (B)--not in the bill.)

Under this law, a township cannot prevent or restrict a person from storing or keeping any collector's vehicle on private property with the permission of the person having the right to the property's possession, except that a township may require such a person to conceal any unlicensed collector's vehicle stored in the open, in the same manner as described above (R.C. 4513.65(A)).  The Motor Vehicles Law, however, defines a "collector's vehicle" as any motor vehicle or agricultural tractor or traction engine that is of special interest, that has a fair market value of $100 or more, whether operable or not, and that is owned, operated, collected, preserved, restored, maintained, or used essentially as a collector's item, leisure pursuit, or investment, but not as the owner's principal means of transportation (R.C. 4501.01(F)--not in the bill).[2]

The bill:  removal

Removal resolutions.  The bill authorizes a board of township trustees to provide, by resolution, for the removal of any vehicle in the unincorporated territory of the township that it determines is a junk motor vehicle--using the same definition of "junk motor vehicle" as is used in the Township Law explained above.  If the junk motor vehicle is on public property, the board may provide for its immediate removal; if the junk motor vehicle is on private property, the board may provide for its removal not sooner than 14 days after the board serves written notice of its intention to have the vehicle removed on the owner of the land and any holders of liens of record on the land.  This includes any collector's vehicle that is a junk motor vehicle, subject, however, to the special rules applying to township regulation of collector's vehicles, which are explained above.  (R.C. 505.871(A), (B), (C)(1), (F), and (G)(2).)

Implementing notices.  The notice must (1) generally describe the vehicle to be removed, (2) indicate that the board of township trustees has determined that the vehicle is a junk motor vehicle, (3) state that, if the landowner fails to remove the vehicle within 14 days after service of the notice, the board may have the vehicle removed, and (4) state that any expenses the board incurs in removing the vehicle may become a lien on the land that is entered on the tax duplicate.  The notice must be served by sending it by certified mail, return receipt requested, (1) to the landowner, if the owner resides in the unincorporated territory of the township or if the owner resides outside that territory and the owner's address is known or reasonably ascertainable, and (2) to any lienholder of record with respect to the land.  If a notice sent by certified mail is refused or unclaimed, or if an owner's address is unknown and cannot be reasonably ascertained, the board must publish the notice once in a newspaper of general circulation in the township before the removal of the vehicle, and, if the land contains any structures, the board also must post the notice on the principal structure on the land.  A notice sent by certified mail is deemed to be served on the date it was received as indicated by the date on a signed return receipt.  A notice given by publication is deemed to be served on the date of the newspaper publication.  (R.C. 505.871(C)(2) and (3).)

Actual removal.  The board of township trustees may employ the labor, materials, and equipment necessary to remove or cause the removal of a junk motor vehicle.  The board, for example, may contract with a motor vehicle salvage dealer or scrap metal processing facility for the removal or disposal of motor vehicles.  All expenses incurred in removing or causing the removal of junk motor vehicles, when approved by the board, must be paid out of the township general fund from moneys not otherwise appropriated, except that, if the expenses exceed $500, the board may borrow moneys from a financial institution to pay the expenses in whole or in part.  (R.C. 505.85 and 505.871(D).)

The board of township trustees can use any lawful means to collect the expenses incurred in removing or causing the removal of a junk motor vehicle under the bill, including any fees or interest paid to borrow moneys to pay removal expenses.  The board may direct the township fiscal officer to certify the expenses and a description of the land to the county auditor, who must place the expenses upon the tax duplicate as a lien upon the land to be collected as other taxes and returned to the township general fund.  (R.C. 505.871(E).)

Township removal of debris

Currently, a township may provide for the abatement, control, or removal of debris, such as vegetation, garbage, and refuse, from private property if the board of township trustees determines that the landowner's maintenance of the debris constitutes a nuisance.  The township can order the landowner to abate, control, or remove that nuisance, and, if it is not abated, controlled, or removed (or provision made to do so) within 14 days of notice to the landowner and any lienholders of record with respect to the land, the board can provide for the abatement, control, or removal.  If the board incurs expenses in doing so, they must be paid out of the township general fund from moneys not otherwise appropriated and also must be entered upon the tax duplicate and become a lien upon the land.  (R.C. 505.87(A), (B), and (C).)

The bill adds to this township nuisance procedure authority for a township, when it incurs expenses that exceed $500 in abating, controlling, or removing a declared nuisance, to borrow moneys from a financial institution to pay for the expenses in whole or in part, instead of taking the money from the township general fund (R.C. 505.87(C) and (D)).

ACTION	DATE
Introduced	02-20-07
Reported, H. Local & Municipal Gov't & Urban Revitalization	04-03-07
Passed House (96-2)	05-09-07

 

 

 

h0050-ph-127.doc/kl