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As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 244 |
REPRESENTATIVES VAN VYVEN-BRADING-CORBIN-MOTTLEY-SCHULER-SCHURING-
TAYLOR-TERWILLEGER-CLANCY-VESPER-O'BRIEN-GARCIA-LEWIS-
OPFER-TIBERI-
SENATORS B. JOHNSON-DRAKE
A BILL
To enact sections 319.281 and 3709.091 of the Revised Code
to
require, in the absence of the landowner's objection, that
the county auditor
place
as a lien on real property any unpaid household sewage
disposal system
operation
permit or inspection fee that is
certified to the auditor by a health district, and to authorize the county
prosecutor to commence civil action to obtain such unpaid fee.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 319.281 and 3709.091 of the Revised
Code be enacted to read as follows:
Sec. 319.281. THE COUNTY AUDITOR SHALL PLACE ON THE
GENERAL TAX LIST AND DUPLICATE COMPILED IN ACCORDANCE WITH
SECTION 319.28 OF THE REVISED
CODE THE AMOUNT CERTIFIED BY THE HEALTH COMMISSIONER OF A CITY OR
GENERAL HEALTH DISTRICT PURSUANT TO SECTION 3709.091 of the Revised Code OF ANY UNPAID
OPERATION PERMIT OR INSPECTION FEE FOR A HOUSEHOLD SEWAGE
DISPOSAL SYSTEM AND ANY ACCRUED LATE PAYMENT PENALTIES, TOGETHER WITH
ANY FEE CHARGED BY THE COUNTY AUDITOR FOR PLACING THE AMOUNT ON
THE GENERAL TAX LIST AND DUPLICATE AND FOR THE EXPENSES OF ITS COLLECTION.
THE AMOUNT
PLACED ON THE GENERAL TAX LIST AND DUPLICATE SHALL BE A LIEN
ON THE REAL PROPERTY ON WHICH THE HOUSEHOLD SEWAGE DISPOSAL
SYSTEM IS LOCATED FROM THE DATE THE AMOUNT WAS PLACED ON THE TAX
LIST AND DUPLICATE, AND SHALL BE CHARGED AND COLLECTED IN THE
SAME MANNER AS TAXES ON THE LIST.
Sec. 3709.091. (A) AS USED IN THIS SECTION:
(1) "HOUSEHOLD SEWAGE DISPOSAL SYSTEM" MEANS ANY SEWAGE
DISPOSAL OR TREATMENT SYSTEM, OR PART THEREOF, FOR A SINGLE-FAMILY,
TWO-FAMILY,
OR THREE-FAMILY DWELLING THAT RECEIVES
SEWAGE.
(2) "SEWAGE" MEANS ANY LIQUID WASTE CONTAINING ANIMAL OR
VEGETABLE MATTER IN SUSPENSION OR SOLUTION FROM WATER CLOSETS,
URINALS, LAVATORIES, BATHTUBS, LAUNDRY TUBS OR DEVICES, FLOOR
DRAINS, DRINKING FOUNTAINS, OR OTHER SANITARY FIXTURES, AND MAY
INCLUDE LIQUID CONTAINING CHEMICALS IN SOLUTION.
(B) IF ANY OWNER,
LEASEHOLDER, OR ASSIGNEE OF REAL PROPERTY FAILS TO PAY A FEE
AS REQUIRED BY RULE OF A BOARD OF HEALTH OF A CITY OR GENERAL HEALTH
DISTRICT PURSUANT TO SECTION 3709.09 OF THE
REVISED CODE FOR AN OPERATION PERMIT
FOR, OR FOR INSPECTION OF, A HOUSEHOLD SEWAGE DISPOSAL SYSTEM
LOCATED ON THE REAL PROPERTY, THE HEALTH COMMISSIONER OF THE
CITY OR GENERAL HEALTH DISTRICT OR THE COMMISSIONER'S DESIGNATED
REPRESENTATIVE
SHALL NOTIFY THE OWNER, LEASEHOLDER, OR ASSIGNEE OF THE REAL
PROPERTY OF THE AMOUNT OF THE FEE AND ANY ACCRUED PENALTIES FOR
LATE PAYMENT OF THE FEE. THE NOTICE SHALL STATE, IN BOLDFACE
LETTERS: "YOU HAVE 30 DAYS TO OBJECT TO THE
AMOUNT OF THE UNPAID OPERATION PERMIT OR INSPECTION FEE FOR YOUR
HOUSEHOLD SEWAGE DISPOSAL SYSTEM AS DESIGNATED IN THIS NOTICE,
WHICH MAY INCLUDE ACCRUED PENALTIES FOR LATE PAYMENT OF THE FEE.
IF YOU DO NOT PAY THIS AMOUNT AS INSTRUCTED HEREIN WITHIN 30
DAYS OF RECEIPT OF THIS NOTICE OR OBJECT TO THIS AMOUNT DURING
THAT TIME PERIOD IN ACCORDANCE WITH THE PROCEDURES SET FORTH
HEREIN, THE AMOUNT WILL BE PLACED AS A LIEN ON YOUR REAL
PROPERTY." THE NOTICE ALSO SHALL EXPLAIN HOW
THE OWNER, LEASEHOLDER, OR ASSIGNEE MAY PAY THE AMOUNT, OR
OBJECT TO THE AMOUNT IN ACCORDANCE WITH THE PROCEDURES
ESTABLISHED BY DIVISIONS (C)
AND (D) OF THIS SECTION.
NOTICE TO THE OWNER, LEASEHOLDER, OR ASSIGNEE SHALL BE
MADE BY EITHER OF THE FOLLOWING:
(1) CERTIFIED MAIL, OVERNIGHT DELIVERY SERVICE, HAND
DELIVERY, OR ANY OTHER METHOD THAT INCLUDES WRITTEN EVIDENCE OF
RECEIPT;
(2) THE SHERIFF OF THE COUNTY IN WHICH THE OWNER,
LEASEHOLDER, OR ASSIGNEE TO BE SERVED RESIDES, IN ONE OR MORE OF
THE METHODS PROVIDED IN THE
OHIO
RULES OF
CIVIL
PROCEDURE. THE SHERIFF MAY
CHARGE REASONABLE FEES FOR SUCH SERVICE.
(C) NOT LATER THAN
THIRTY DAYS AFTER RECEIPT UNDER DIVISION
(B) OF THIS SECTION OF
NOTIFICATION OF THE AMOUNT OF AN UNPAID OPERATION PERMIT OR
INSPECTION FEE AND ANY ACCRUED LATE PAYMENT PENALTIES,
THE OWNER, LEASEHOLDER, OR ASSIGNEE MAY OBJECT TO THE AMOUNT BY
DELIVERING A WRITTEN NOTICE OF OBJECTION TO THE HEALTH
COMMISSIONER BY ANY OF THE MEANS PROVIDED FOR IN DIVISION
(B)(1) OF THIS SECTION. NOT
LATER THAN SIXTY DAYS AFTER RECEIPT OF THE NOTICE OF OBJECTION,
THE COUNTY PROSECUTOR, ON BEHALF OF THE CITY OR GENERAL HEALTH
DISTRICT, MAY FILE A CIVIL ACTION IN THE COURT OF COMMON PLEAS
AGAINST THE OWNER, LEASEHOLDER, OR ASSIGNEE. IF THE COUNTY
PROSECUTOR FAILS TO COMMENCE SUIT WITHIN THE SIXTY-DAY PERIOD,
OR IF THE ACTION IS COMMENCED BUT DISMISSED WITH PREJUDICE
BEFORE ADJUDICATION, THE UNPAID FEE AND ANY
ACCRUED LATE PAYMENT PENALTIES ARE VOID AND CANNOT BE
PLACED ON THE GENERAL TAX LIST AND DUPLICATE AS A LIEN AGAINST
THE REAL PROPERTY.
(D) IF, IN ACCORDANCE
WITH DIVISION (C) OF THIS
SECTION, THE OWNER, LEASEHOLDER, OR ASSIGNEE OBJECTS TO THE
AMOUNT OF THE UNPAID OPERATION PERMIT OR INSPECTION FEE AND ANY
ACCRUED LATE PAYMENT PENALTIES AND THE COUNTY
PROSECUTOR COMMENCES SUIT AND PREVAILS IN THE ACTION, THE OWNER,
LEASEHOLDER, OR ASSIGNEE OBJECTING SHALL PAY THE AMOUNT OF THE
FEE, ANY ACCRUED LATE PAYMENT PENALTIES, AND THE COSTS
OF THE ACTION, AS DETERMINED BY THE COURT.
(E) IF THE OWNER,
LEASEHOLDER, OR ASSIGNEE ON WHICH THE NOTICE REQUIRED BY
DIVISION (B) OF THIS SECTION
WAS SERVED DOES NOT PAY TO THE CITY OR GENERAL HEALTH DISTRICT
THE AMOUNT OF AN UNPAID OPERATION PERMIT OR INSPECTION FEE AND
ANY ACCRUED LATE PAYMENT PENALTIES WITHIN THIRTY DAYS
AFTER RECEIPT OF THE NOTICE, OR DOES NOT OBJECT TO THE AMOUNT IN
THE MANNER PROVIDED IN DIVISION
(C) OF THIS SECTION, THE HEALTH
COMMISSIONER OF THE CITY OR GENERAL HEALTH DISTRICT OR THE
COMMISSIONER'S DESIGNATED REPRESENTATIVE
MAY CERTIFY,
ON OR BEFORE THE FIRST MONDAY OF SEPTEMBER,
THE AMOUNT OF THE UNPAID FEE AND
ANY ACCRUED LATE PAYMENT PENALTIES
TO THE COUNTY AUDITOR TO
BE PLACED ON THE GENERAL TAX LIST AND DUPLICATE AS PROVIDED IN
SECTION 319.281 OF THE REVISED CODE.
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