The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 520As IntroducedAs Introduced
124th General Assembly | Regular Session | 2001-2002 |
| |
REPRESENTATIVES Hoops, Peterson, Seitz, Calvert, Fessler, Setzer, Husted, Callender, Evans, Carmichael, Hollister, Widowfield, Olman, Jolivette, Webster, Niehaus, Blasdel, Allen, Hartnett, Patton
A BILL
To amend sections 1923.01, 1923.02, 1923.09, 1923.11,
1923.13, 1923.14, 3733.091, 4503.061, 4503.062,
and 4513.01 and to
enact section 1923.12 of the
Revised Code to revise
the forcible entry and
detainer law relative to
writs of execution issued
in connection with
manufactured home park
residential premises and the
removal, storage, and
potential sale or destruction
of an abandoned
manufactured home, mobile home, or
recreational
vehicle on those premises; to expand the types of
information included in the register of
manufactured or mobile homes that make use of a
manufactured home court, park, or similar property;
and to exclude manufactured homes and mobile homes
from the abandoned vehicle statutes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1923.01, 1923.02, 1923.09, 1923.11,
1923.13, 1923.14, 3733.091, 4503.061, 4503.062, and 4513.01 be
amended and section
1923.12 of the Revised Code be enacted to read
as follows:
Sec. 1923.01. (A) As provided in this chapter, any judge
of
a county or municipal court or a court of common pleas, within
the
judge's proper area of jurisdiction, may inquire about persons
who
make unlawful and forcible entry into lands or tenements and
detain them, and about persons who make a lawful and peaceable
entry into lands or tenements and hold them unlawfully and by
force. If, upon
such
the inquiry, it is found that an unlawful
and
forcible entry has been made and the lands or tenements are
detained, or that, after a lawful entry, lands or tenements are
held unlawfully and by force, a judge shall cause the plaintiff
in
an action under this chapter to have restitution of the lands
or
tenements. (B) An action shall be brought under this chapter within
two
years after the cause of action accrues. (C) As used in this chapter: (1) "Tenant" means a person who is entitled under a rental
agreement to the use or occupancy of premises, other than
premises
located in a manufactured home park
as defined in
section 3733.01
of the Revised Code, to the exclusion of others. (2) "Landlord" means the owner, lessor, or sublessor of
premises,
or the agent or person the landlord authorizes to manage
premises or to receive rent from a tenant under a rental
agreement, except, if required by the facts of the action to
which
the term is applied, "landlord" means a park operator. (3) "Park operator," "manufactured home," "mobile home,"
"manufactured home park,"
"recreational vehicle," and "resident"
have the same meanings as in section 3733.01 of the Revised Code. (4) "Residential premises" has the same meaning as in
section 5321.01 of the Revised Code, except, if required by the
facts of the action to which the term is applied, "residential
premises" has the same meaning as in section 3733.01 of the
Revised Code. (5) "Rental agreement" means any agreement or lease,
written
or oral, that establishes or modifies the terms,
conditions,
rules, or
any other provisions concerning the use or
occupancy of
premises by one of the parties to the agreement or
lease, except
that "rental agreement," as used in division
(A)(11)(13) of
section 1923.02 of the Revised Code and where the
context requires
as used in this chapter, means a rental
agreement as defined in
division (D) of section 5322.01 of the
Revised Code. (6) "Controlled substance" has the same meaning as in
section 3719.01 of the Revised Code.
Sec. 1923.02. (A) Proceedings under this chapter may be
had
as follows: (1) Against tenants or manufactured home park residents
holding over their terms; (2) Against tenants or manufactured home park residents in
possession under an oral tenancy, who are in default in the
payment of rent as provided in division (B) of this section; (3) In sales of real estate, on executions, orders, or
other
judicial process, when the judgment debtor was in
possession at
the time of the rendition of the judgment or
decree, by virtue of
which
such
the sale was made; (4) In sales by executors, administrators, or guardians,
and
on partition, when any of the parties to the complaint were
in
possession at the commencement of the action, after
such
the
sales, so made on execution or otherwise, have been examined by
the proper court and adjudged legal; (5) When the defendant is an occupier of lands or
tenements,
without color of title, and the complainant has the
right of
possession to them; (6) In any other case of the unlawful and forcible
detention
of lands or tenements. For purposes of this division,
in addition
to any other type of unlawful and forcible detention
of lands or
tenements, such a detention may be determined to
exist when both
of the following apply: (a) A tenant fails to vacate residential premises within
three days after both of the following occur: (i)
His
The tenant's landlord has actual knowledge of or has
reasonable
cause to believe that the tenant, any person in the
tenant's
household, or any person on the premises with the consent
of the
tenant previously has or presently is engaged in a
violation of
Chapter 2925. or 3719. of the Revised Code, or of a
municipal
ordinance that is substantially similar to any section
in either
of those chapters, which involves a controlled substance
and
which occurred in, is occurring in, or otherwise was or is
connected with the premises, whether or not the tenant or other
person has been charged with, has pleaded guilty to or been
convicted of, or has been determined to be a delinquent child for
an act that, if committed by an adult, would be a violation as
described in this division. For purposes of this division, a
landlord has "actual knowledge of or has reasonable cause to
believe" that a tenant, any person in the tenant's household, or
any person on the premises with the consent of the tenant
previously has or presently is engaged in a violation as
described
in this division if a search warrant was issued
pursuant to
Criminal Rule 41 or Chapter 2933. of the Revised
Code; the
affidavit presented to obtain the warrant named or
described the
tenant or person as the individual to be searched
and particularly
described the tenant's premises as the place to
be searched, named
or described one or more controlled substances
to be searched for
and seized, stated substantially the offense
under Chapter 2925.
or 3719. of the Revised Code or the
substantially similar
municipal ordinance that occurred in, is
occurring in, or
otherwise was or is connected with the tenant's
premises, and
states the factual basis for the affiant's belief
that the
controlled substances are located on the tenant's
premises; the
warrant was properly executed by a law enforcement
officer and any
controlled substance described in the affidavit
was found by that
officer during the search and seizure; and,
subsequent to the
search and seizure, the landlord was informed
by that or another
law enforcement officer of the fact that the
tenant or person has
or presently is engaged in a violation as
described in this
division and it occurred in, is occurring in,
or otherwise was or
is connected with the tenant's premises. (ii) The landlord gives the tenant the notice required by
division (C) of section 5321.17 of the Revised Code;. (b) The court determines, by a preponderance of the
evidence, that the tenant, any person in the tenant's household,
or any person on the premises with the consent of the tenant
previously has or presently is engaged in a violation as
described
in division (A)(6)(a)(i) of this section. (7) In cases arising out of Chapter 5313. of the Revised
Code. In
such
those cases, the court has the authority to declare
a
forfeiture of the vendee's rights under a land installment
contract and to grant any other claims arising out of the
contract. (8) Against tenants who have breached an obligation that
is
imposed by section 5321.05 of the Revised Code, other than the
obligation specified in division (A)(9) of that section, and that
materially affects health and safety. Prior to the commencement
of an action under this division, notice shall be given to the
tenant and compliance secured with section 5321.11 of the Revised
Code. (9) Against tenants who have breached an obligation
imposed
upon them by a written rental agreement; (10) Against manufactured home park residents who have
defaulted in the payment of rent or breached the terms of a
rental
agreement with a manufactured home park operator;. Nothing in
this division precludes the commencement of an action under
division (A)(12) of this section when the additional circumstances
described in that division apply. (11) Against manufactured home park residents who have
committed two material violations of the rules of the
manufactured
home park, of the public health council, or of
applicable state
and local health and safety codes and who have
been notified of
the violations in compliance with section
3733.13 of the Revised
Code.; (12)
Against a manufactured home park resident, or the estate
of a manufactured home park resident, who has been absent from the
manufactured home park for a period of thirty consecutive days
prior to the commencement of an action under this division and
whose manufactured home or mobile home, or recreational vehicle
parked in the manufactured home park, has been left unoccupied for
that thirty-day period, without notice to the park operator and
without payment of rent due under the rental agreement with the
park operator; (13) Against occupants of self-service storage facilities,
as
defined in division (A) of section 5322.01 of the Revised
Code,
who have breached the terms of a rental agreement or
violated
section 5322.04 of the Revised Code. (B) If a tenant or manufactured home park resident holding
under an oral tenancy is in default in the payment of rent,
he
the
tenant or resident
forfeits
his
the right of occupancy, and the
landlord may, at
his
the landlord's
option, terminate the tenancy
by notifying the tenant
or resident, as
provided in section
1923.04 of the Revised Code, to leave the
premises, for the
restitution of which an action may then be
brought under this
chapter. (C) This chapter does not apply to a student tenant as
defined by division
(H) of section 5321.01 of the Revised Code
when the college or university
proceeds to terminate a rental
agreement pursuant to section 5321.031 of the
Revised Code.
Sec. 1923.09.
(A) If an action under this chapter is not
continued, the place of
trial is not changed, and neither party
demands a jury on the return day of
the summons, a judge of the
court shall try the cause. After hearing the
evidence, if
he
the
judge concludes that the complaint is not
true,
he
the judge shall
enter
judgment against the plaintiff for costs. If
he
the judge
finds
the
complaint to be
true,
he
the judge shall render a
general judgment against the
defendant, in favor of
the plaintiff,
for restitution of the premises and costs of suit. If the
judge
finds the complaint true in part,
he
the judge shall render a
judgment for
restitution of
such
that part only, and the
cost
costs shall be taxed as
he deems
the judge considers just.
(B) If a judgment is entered under this section in favor of
the plaintiff in any action
under this chapter in which the
plaintiff is a park operator, the judge shall include in the
judgment
entry authority for the plaintiff to permit, in
accordance with
section 1923.12 and division (B) of both sections
1923.13 and
1923.14 of the Revised Code, the removal and potential
sale,
destruction, or transfer of ownership of the resident's
manufactured
home,
mobile home, or recreational vehicle.
Sec. 1923.11. (A) The court shall enter the verdict rendered
by a jury under
section 1923.10 of the Revised Code upon the
docket, and render judgment in
the action as if the facts,
authorizing the finding of
such
the verdict, had been
found by the
court itself.
(B) If a judgment is entered under this section in favor of
the plaintiff in any action
under this chapter in which the
plaintiff is a park operator, the judge shall include in the
judgment
entry authority for the plaintiff to permit, in
accordance with
section 1923.12 and division (B) of both sections
1923.13 and
1923.14 of the Revised Code, the removal and potential
sale,
destruction, or transfer of ownership of the resident's
manufactured
home,
mobile home, or recreational vehicle.
Sec. 1923.12. (A) A park operator of a manufactured home
park from which a resident or a resident's estate has been evicted
pursuant to a judgment entered under section 1923.09 or 1923.11 of
the Revised Code in any action under this chapter, if
the resident
or estate has abandoned or otherwise left unoccupied
the
resident's manufactured home, mobile home, or recreational
vehicle
on the residential premises for a period of three days
following
the entry of the judgment, provide to the titled owner
of the home
or vehicle a written notice to remove the home or
vehicle from the
manufactured home park within seven days from the
date of the
delivery of the notice. Delivery of the notice may be
by personal
delivery to the owner or by ordinary mail sent to the
last known
address of the owner. If the manufactured home, mobile
home, or
recreational vehicle is not removed from the manufactured
home
park within seven days from the date of the delivery of the
notice, the park operator may follow the procedures of division
(B) of both sections 1923.13 and 1923.14 of the Revised Code to
permit the removal and potential sale, destruction, or transfer of
ownership of the home or vehicle. (B) Every notice provided to the titled owner of a
manufactured home, mobile home, or recreational vehicle under this
section shall contain the following language printed in a
conspicuous manner: "You are being asked to remove your
manufactured home, mobile home, or recreational vehicle from the
residential premises of .........., a manufactured home park, in
accordance with a judgment of eviction entered in .......... court
on .......... against ........... If the manufactured home,
mobile home, or recreational vehicle is not removed from the
manufactured home park within seven days from the date of delivery
of this notice, the home or vehicle may be sold or destroyed, or
its title may be transferred to .........., pursuant to division
(B) of both sections 1923.13 and 1923.14 of the Revised Code. If
you are in doubt regarding your legal rights, it is recommended
that you seek legal assistance." (C) Before requesting a writ of execution under division (B)
of section 1923.13 of the Revised Code, the park operator shall
conduct or cause to be conducted a search of the appropriate
public records that relate to the manufactured home, mobile home,
or recreational vehicle, and make or cause to be made reasonably
diligent inquiries, for the purpose of identifying any persons who
have an outstanding right, title, or interest in the home or
vehicle. If the search or inquiries reveal any person who has an
outstanding right, title, or interest in the manufactured home,
mobile home, or recreational vehicle, the park operator shall list
the name and last known address of each such person on its request
for the writ of execution. The
park operator also shall certify
on the request that the written
notice required by this section
has been provided.
Sec. 1923.13. (A) When a judgment of restitution is entered
by
a court in an action under this chapter,
unless the plaintiff
or the plaintiff's agent or attorney proceeds under division (B)
of this section, at the request of the
plaintiff or
his
the
plaintiff's agent or attorney, that court
shall issue a writ
of
execution on the judgment, in the following form, as near as
practicable: "The state of Ohio, ........................ county:
To any
constable or police officer of ...................
township, city,
or village; or To the sheriff of
...............................
county; or
to
To any
authorized bailiff of the ............: (name
of court): Whereas, in a certain action for the forcible entry and
detention (or the forcible detention, as the case may be), of the
following described premises, to wit: ............, lately tried
before this court, wherein ............... was plaintiff, and
.......... was defendant, .............. judgment was rendered on
the ........ day of ............, ............, that the
plaintiff
have restitution of those premises; and also that
he
the
plaintiff
recover costs in the sum of .............. You therefore are
hereby commanded to cause the defendant to be forthwith removed
from those premises, and the plaintiff to have restitution of
them; also, that you levy of the goods and chattels of the
defendant, and make the costs previously mentioned and all
accruing costs, and of this writ make legal service and due
return. Witness my hand, this ....... day of .....,
A.D. .........
.......................... Judge, .......... (Name of court)"
(B) When a judgment of restitution is entered by a court in
any action under this chapter against a manufactured home park
resident or the
estate of a manufactured home park resident, at
the request of the
plaintiff or the plaintiff's agent or attorney,
that court shall
issue a writ of execution on the judgment, in the
following form,
as near as practicable: "The state of Ohio, .......... county; To any constable or
police officer of .......... township, city, or village; or To the
sheriff of .......... county; or To any authorized bailiff of the
.......... (name of court): Whereas, in a certain action for eviction of a resident or a
resident's estate from the following described residential
premises of a manufactured home park on which the following
described manufactured home, mobile home, or recreational vehicle
is located, to wit: .........., lately tried before this court,
wherein .......... was plaintiff, and .......... was defendant,
.......... judgment was rendered on the .......... day of
.........., .........., that the plaintiff have restitution of the
premises and also that the plaintiff recover costs in the sum of
........... You therefore are hereby authorized to cause the
defendant to be removed from the residential premises, if
necessary. Also, you are to levy of the goods and
chattels of the
defendant, and make the costs previously mentioned
and all
accruing costs, and of this writ make legal service and
due
return. Further, you are authorized to cause the
subject manufactured
home, mobile home, or recreational vehicle,
and all personal
property and vehicles of the defendant on the
residential
premises, to be, at your option, either (1) removed
from the
manufactured home park and, if necessary, moved to a
storage
facility of your choice, or (2) retained at their current
location
on the residential premises, until they are disposed of
in a
manner authorized by this writ or the law of this state. If the subject manufactured home, mobile home, or
recreational vehicle has been abandoned by the defendant and the
requirements of section 1923.12 of the Revised Code have been
satisfied, you are hereby authorized to cause the sale of the home
or vehicle in accordance with division (B)(3) of section 1923.14
of the Revised Code. A search of appropriate public records or
other reasonably diligent inquiries reveals the following persons,
whose last known addresses are listed next to their names, may
continue to have an
outstanding right, title, or interest in the
home or
vehicle:
..........If you are unable to sell the subject
manufactured home,
mobile home, or recreational vehicle due to a
want of bidders,
after it is offered for sale on two occasions,
you are hereby
commanded to cause the presentation of this writ to
the clerk of
this court for the issuance of a certificate of title
transferring
the title of the home or vehicle to the plaintiff,
free and clear
of all security interests, liens, and encumbrances,
in accordance
with division (B)(3) of section 1923.14 of the
Revised Code. If the subject manufactured home, mobile home, or
recreational vehicle has been so abandoned and has a value of less
than three thousand dollars and if the requirements of section
1923.12 of the Revised Code have been satisfied, you are hereby
authorized either to cause the sale or destruction of the home or
vehicle, or to cause the presentation of this writ to the clerk of
this court for the issuance of a certificate of title transferring
the title of the home or vehicle to the plaintiff, free and clear
of all security interests, liens, and encumbrances, in accordance
with division (B)(4) of section 1923.14 of the Revised Code. Upon
this writ's presentation to the clerk of this court
under the circumstances described in either of the two preceding
paragraphs and in accordance with division (B)(3) or (4) of
section 1923.14 of the Revised Code, as applicable, the clerk is
hereby
commanded to issue a certificate of title transferring the
title of the subject manufactured home, mobile home, or
recreational vehicle to the plaintiff, free and clear of
all
security interests, liens, and encumbrances, in the manner
prescribed in section 4505.10 of the Revised Code. Witness my hand, this .......... day of ..........,
.......... , .......... Judge, .......... (Name of court)."
Sec. 1923.14. (A) Except as otherwise provided in this
section, within ten days after receiving
the
a writ of execution
described in
division (A) or (B) of section 1923.13 of the Revised
Code, the sheriff,
police officer, constable, or bailiff shall
execute it by
restoring the plaintiff to the possession of the
premises, and
shall levy and collect the costs and make return, as
upon other
executions. If an appeal from the judgment of
restitution is
filed and if, following the filing of the appeal, a
stay of
execution is obtained and any required bond is filed with
the
court of common pleas, municipal court, or county court, the
judge of that court immediately shall issue
his
an order to the
sheriff, police officer, constable, or bailiff commanding
him
to
the
delay
of all further proceedings upon the execution. If the
premises have been restored to the plaintiff, the sheriff, police
officer, constable, or bailiff shall forthwith place the
defendant
in possession of them, and return the writ with
his
the
sheriff's,
police officer's, constable's, or bailiff's
proceedings and the
costs taxed
thereon
on it.
(B)(1) After a writ of execution described in division (B)
of section 1923.13 of the Revised Code is issued by a court of
common pleas, municipal court, or county court, the clerk of the
court shall send by regular mail, to the last known address of the
titled owner of the subject manufactured home, mobile home, or
recreational vehicle and to the last known address of each other
person who is listed on the writ as having any outstanding right,
title, or interest in the home or vehicle, a written notice that
the home or vehicle potentially may be sold, destroyed, or have
its title transferred under the circumstances described in
division (B)(3) or (4) of this section. (2) After receiving a writ of
execution described in
division
(B) of section 1923.13 of the
Revised Code, and after
causing the
defendant to be removed from the residential premises
of the
manufactured home park, if necessary, in accordance with
the writ,
the sheriff,
police officer, constable, or bailiff
may
cause the
subject manufactured home, mobile home, or recreational
vehicle,
and all personal property and vehicles of the defendant
on the
residential premises, at the sheriff's, police officer's,
constable's, or bailiff's option, either to be removed from the
manufactured home park and, if necessary, moved to a storage
facility of the sheriff's, police officer's, constable's, or
bailiff's choice, or to be retained at their current location on
the residential premises, until they are claimed by their owner or
they are disposed of in a manner authorized by division (B)(3) or
(4) of this section or by another section of the Revised Code. Neither the sheriff, police officer, constable, or bailiff
nor any party authorized by the sheriff, police officer,
constable, or bailiff to so remove the subject manufactured home,
mobile home, or recreational vehicle, or the personal property and
vehicles of the defendant on the residential premises, shall be
liable for any damage caused to the home, any vehicle, or any
personal property during the removal. The reasonable costs for a
removal of the subject manufactured home, mobile home, or
recreational vehicle and, as applicable, the reasonable costs for
its storage shall constitute a lien upon the home or vehicle
payable
by its titled
owner or
payable
pursuant to
division
(B)(3)
of this section. (3) Except as provided in division (B)(4) of this section,
within sixty days after receiving a writ of execution described
in
division (B) of section 1923.13 of the Revised Code, the
sheriff,
police officer, constable, or bailiff shall commence
proceedings
for the sale of the subject manufactured home, mobile
home, or
recreational vehicle in
accordance with the procedures
for the
sale of goods
on execution
under Chapter 2329. of the
Revised
Code, if it is determined to be
abandoned. In addition
to
all
notices required to be given under section 2329.13 of the
Revised
Code, the sheriff, police officer, constable, or bailiff
shall
serve a written notice of the date, time, and place of the
sale
upon all persons who are listed on the writ of execution as having
any
outstanding right,
title, or interest in the abandoned
manufactured
home,
mobile
home, or recreational vehicle, at their
respective last known addresses. Notwithstanding any statutory provision to the
contrary,
including, but not limited to, section 2329.66 of the
Revised
Code, there shall be no stay of execution or exemption
from levy
or sale on execution available to the titled owner of the
abandoned
manufactured home, mobile home, or recreational vehicle
in
relation to a sale under this division.
The proceeds from the
sale
of an abandoned manufactured home,
mobile home, or
recreational
vehicle under this division shall be
distributed as
follows: (a) First, to pay the costs for any moving of and any
storage
outside the manufactured home park of the home or vehicle
pursuant
to division (B)(2) of this section, the costs of the
sale, and any
unpaid court costs assessed against the defendant in
the
underlying action; (b) Second, to pay all outstanding tax liens on the home or
vehicle; (c) Third, to pay all other outstanding security interests,
liens, or encumbrances on the home or vehicle by priority of
filing or other priority; (d) Fourth, to pay any outstanding monetary judgment rendered
under section 1923.09 or 1923.11 of the Revised Code in favor of
the plaintiff and any costs associated with retaining the home or
vehicle prior to the sale at its location on the residential
premises within the manufactured home park pursuant to division
(B)(2) of this section; (e)
Fifth, after complying with divisions (B)(3)(a) to (d)
of this section, remaining money into the county treasury to the
credit of the general
fund. Upon the return of any writ of execution for the satisfaction
of which an abandoned manufactured home, mobile home, or
recreational vehicle has been sold under this division, on careful
examination of the proceedings of the sheriff, police officer,
constable, or bailiff conducting the sale, if the court that
issued the writ finds that the sale was made, in all respects, in
conformity with the relevant provisions of Chapter 2329. of the
Revised Code and with this division, it shall direct the clerk of
the court to make an entry on the journal that the court is
satisfied with the legality of the sale and to issue a certificate
of title, free and clear of all security interests, liens, and
encumbrances, to the purchaser of the home or vehicle. If, after it is offered for sale on two occasions under this
division, the abandoned manufactured home, mobile home, or
recreational vehicle cannot be sold due to a want of bidders, the
sheriff, police officer, constable, or bailiff shall present the
writ of execution unsatisfied to the clerk of the court that
issued the writ for the issuance by the clerk in the manner
prescribed in section 4505.10 of the Revised Code of a certificate
of title transferring the title of the home or vehicle to the
plaintiff, free and clear of all security interests, liens, and
encumbrances. If any taxes are owed on the home or vehicle at this
time, the county auditor shall remove the delinquent taxes from
the manufactured home tax list and the delinquent manufactured
home tax list and remit any penalties for late payment of
manufactured home taxes. Acceptance of the certificate of title
by
the plaintiff terminates all further proceedings under this
section. (4) Within sixty days after receiving a writ of execution
described in division (B) of section 1923.13 of the Revised Code,
if the subject manufactured home, mobile home, or recreational
vehicle is
determined to be abandoned and to have a value of less
than three
thousand dollars, the sheriff, police officer,
constable, or
bailiff shall serve a written notice of potential
action as described in this division upon all
persons who are
listed on the writ as having any outstanding right, title, or
interest in the
home or vehicle, at
their respective last known
addresses.
This
notice shall be in
addition to all notices
required to be
given
under section 2329.13
of the Revised Code.
Subject to the
fulfillment of these notice
requirements, the
sheriff, police
officer, constable, or bailiff
shall take one of
the following
actions with respect to the
abandoned manufactured
home, mobile
home, or
recreational vehicle: (a) Cause its destruction if there is no outstanding right,
title, or interest in it; (b) Proceed with its sale under division (B)(3) of this
section; (c) Present the writ of execution to the
clerk of the court
that issued the writ for the issuance by the clerk in the manner
prescribed in section 4505.10 of the Revised Code of a certificate
of title transferring the title of the home or vehicle to the
plaintiff, free and clear of all security
interests, liens, and
encumbrances, if there is no outstanding
right, title, or interest
in the home or vehicle. If any taxes are owed on the home or
vehicle at this time, the county auditor shall remove the
delinquent taxes from the manufactured home tax list and the
delinquent manufactured home tax list and remit any penalties for
late payment of manufactured home taxes. Acceptance of the
certificate of title by the plaintiff terminates all further
proceedings under this section.
Sec. 3733.091. (A) Notwithstanding section 3733.09 of the
Revised Code, a park operator may bring an action under Chapter
1923. of the Revised Code for possession of the premises if
any of
the following applies: (1) The resident is in default in the payment of rent;. (2) The violation of the applicable building, housing,
health, or safety code that the resident complained of was
primarily caused by any act or lack of reasonable care by the
resident,
or by any other person in the resident's household, or
by anyone on the premises with the consent of the resident;. (3) The resident is holding over
his
the resident's term;. (4) The resident is in violation of rules of the public
health council adopted pursuant to section 3733.02 of the Revised
Code or rules of the manufactured home park adopted pursuant to
the rules of the public health council.
(5) The resident has been absent from the manufactured home
park for a period of thirty consecutive days prior to the
commencement of the action, and the resident's manufactured home
or mobile home, or recreational vehicle parked in the manufactured
home park has been left unoccupied for that thirty-day period,
without notice to the park operator and without payment of rent
due under the rental agreement. (B) The maintenance of an action by the park operator
under
this section does not prevent the resident from recovering
damages
for any violation by the park operator of the rental
agreement or
of section 3733.10 of the Revised Code.
Sec. 4503.061. (A) All manufactured and mobile homes shall
be
listed on either the real property tax list or the manufactured
home tax list of the county in which the home has situs. Each
owner shall follow the procedures in this section to identify
the
home to the county auditor of the county containing the taxing
district in
which the home has situs so that the auditor may place
the home on the
appropriate tax list. (B) When a manufactured or mobile home first
acquires situs
in this state and is subject to real property
taxation pursuant to
division (B)(1) or (2) of section 4503.06 of
the Revised Code, the
owner shall present to
the auditor of the county containing the
taxing district in
which the home has its situs the certificate of
title for the home, together
with
proof that all taxes due
have
been paid and proof that a relocation
notice was obtained for the
home if required under this
section. Upon receiving the
certificate of title and the required proofs,
the auditor
shall
place the home on the real property tax list and proceed
to treat
the home as other properties on that list. After the auditor has
placed the home on the tax list of
real and public utility
property, the auditor shall deliver the
certificate of title to
the clerk of the court of common pleas
that issued it pursuant to
section 4505.11 of the
Revised Code, and the clerk shall
inactivate the certificate of title. (C)(1) When a manufactured or mobile home subject to a
manufactured home tax is relocated to or first acquires situs in
any
county that has adopted
a permanent
manufactured home
registration system, as provided in division (F)
of this section,
the owner, within thirty days after the home
is relocated or first
acquires situs under section 4503.06 of the
Revised
Code, shall
register the home with the
county auditor of the county containing
the taxing district in
which the home has its situs. For the
first registration in each
county of situs, the owner or vendee in
possession shall present
to the county auditor an Ohio certificate
of title, certified
copy of the certificate of title, or
memorandum certificate of
title as such are required by law, and
proof, as required by the
county auditor, that the home, if it has
previously
been occupied and is being relocated, has been
previously registered, that all taxes due
and required to be paid
under division
(H)(1) of this section before a
relocation notice
may be issued
have been paid, and that a relocation notice was
obtained for the home if
required by division (H) of this section.
If the owner or vendee does not possess the Ohio certificate of
title, certified copy of the certificate of title, or memorandum
certificate
of title at the time the owner or vendee first
registers the home in a county, the county auditor shall register
the home without presentation of the document, but the owner or
vendee shall present the certificate of title, certified copy of
the certificate of title, or memorandum certificate of title to
the county auditor within fourteen days after the owner or vendee
obtains possession of the document. (2) When a manufactured or mobile home is registered for the
first
time in a county and when the total tax due has been paid as
required
by division (F) of section 4503.06 of the Revised Code
or
divisions (E) and (H) of this section, the
county treasurer shall
note by writing or by a stamp on the
certificate of title,
certified copy of certificate of title, or
memorandum certificate
of title that the home has
been registered and that the taxes due,
if any, have been
paid for the preceding five years and for the
current year. The treasurer shall then issue a
certificate
evidencing registration and a decal to be displayed
on the street
side of the home.
Such
The certificate is
valid in any county in
this state during the year for which it is
issued. (3) For each year thereafter, the county treasurer
shall
issue a tax bill stating the amount of
tax due under section
4503.06 of the Revised Code, as provided in division
(D)(6) of
that section. When the
total tax due has been paid as required by
division (F) of
that
section
4503.06 of the Revised Code, the
county treasurer shall
issue a certificate evidencing registration
that shall be valid
in any county in this state during the year
for which the
certificate is issued. (4) The permanent decal issued under this division is valid
during the period of ownership, except that when a manufactured
home is relocated in another county the owner shall apply for a
new registration as required by this section and section 4503.06
of the Revised Code. (D)(1) All owners of manufactured or mobile homes subject to
the
manufactured home tax being relocated to or having situs in a
county
that has not adopted a
permanent registration system, as
provided in division (F) of
this section, shall register the home
within thirty days after the home
is relocated or first acquires
situs under section 4503.06
of the Revised Code and thereafter
shall annually
register the home with the county auditor of the
county containing the taxing district in which the home has its
situs. (2) Upon the annual registration, the county treasurer
shall issue a tax bill stating
the amount of
annual manufactured
home tax due under section 4503.06
of the Revised Code, as
provided in division (D)(6) of that section. When a
manufactured
or
mobile home is registered and when the tax for the current
one-half year has
been paid as required by division (F) of
that
section
4503.06 of
the Revised Code, the county treasurer shall
issue a certificate
evidencing registration and a decal.
Such
The
certificate and decal
are valid in any county in this state during
the year for which
they are issued. The decal shall be displayed
on the street side
of the home. (3) For the first annual registration in each county of
situs,
the county auditor shall require the owner or vendee to
present
an Ohio certificate of title, certified copy of the
certificate
of title, or memorandum certificate of title as such
are required
by law, and proof, as required by the county auditor,
that the
manufactured or mobile home has been previously
registered,
if such registration was required, that all taxes due
and required to be paid under division (H)(1) of this section
before a relocation notice may be issued
have been paid, and that
a relocation notice
was obtained for the
home if required by
division (H) of this section.
If the owner or vendee does not
possess the Ohio certificate of
title, certified copy of the
certificate of title, or memorandum certificate
of title at the
time the owner or vendee first
registers the home in a county, the
county auditor shall register
the home without presentation of the
document, but the owner or
vendee shall present the certificate of
title, certified copy of
the certificate of title, or memorandum
certificate of title to
the county auditor within fourteen days
after the owner or vendee
obtains possession of the document.
When
the county treasurer
receives the tax
payment, the county
treasurer shall note by writing or by a
stamp on the certificate
of title, certified copy of the certificate of title,
or
memorandum certificate of title that the home has
been registered
for the current year and that the manufactured home
taxes due, if
any, have
been paid for the preceding five years and for the
current year. (4) For subsequent annual registrations, the auditor may
require the owner or vendee in possession to present an Ohio
certificate of title, certified copy of the certificate of title,
or memorandum certificate of title to the county treasurer upon
payment of the manufactured home tax that is due. (E)(1) Upon the application to transfer ownership of a
manufactured or mobile home for which manufactured home taxes are
paid
pursuant to division (C) of section 4503.06 of the Revised
Code, the clerk of
the court of common pleas shall not issue any
certificate of title
that does not contain or have attached both
of the following: (a) An endorsement of the county treasurer stating that
the
home has been registered for each
year of ownership and that all
manufactured home taxes imposed pursuant
to section 4503.06 of the
Revised
Code have been paid or that no tax is due; (b) An endorsement of the county auditor that the
manufactured home transfer tax imposed pursuant to
section 322.06
of the Revised Code and any fees imposed under
division (F) of
section 319.54 of the Revised Code have been paid.
(2) If all the taxes have not
been paid, the clerk shall
notify the vendee to contact the county
treasurer of the county
containing the taxing district in which
the home has its situs at
the time of the proposed
transfer. The county treasurer shall
then collect all the taxes
that are due for the year of the
transfer and all previous years not exceeding a total of five
years. The county treasurer shall distribute that part of the
collection owed to
the county treasurer of other counties if the
home had its situs in another county during a
particular year when
the unpaid tax became due and payable. The
burden to prove the
situs of the home in the years
that the taxes were not paid is on
the transferor of the home.
Upon payment of
such
the taxes, the
county auditor shall remove all
remaining taxes from the
manufactured home tax list and the delinquent
manufactured home
tax list, and the county treasurer shall release
all liens for
such taxes. The clerk of courts shall issue a
certificate of
title, free and clear of all liens for manufactured
home taxes, to
the transferee of the home. (3) Once the transfer is complete and the certificate of
title
has been issued, the transferee shall register the
manufactured or mobile
home pursuant to division (C) or (D) of
this section
with the county auditor of the county containing the
taxing
district in which the home remains after the transfer
or,
if the home is relocated to another county, with the county
auditor of the county to which the home is relocated. The
transferee need not pay the annual tax for
the year of acquisition
if the original owner has already paid
the annual tax for that
year.
(F) The county auditor may adopt a permanent registration
system and issue a permanent decal with the first registration as
prescribed by the tax commissioner. (G) When any manufactured or mobile home required to be
registered by this section is not registered, the county auditor
shall impose
a penalty of
one hundred dollars upon the owner and
deposit the amount to the credit of the
county real estate
assessment fund to be used to pay the costs of
administering this
section and section 4503.06 of the Revised Code. If
unpaid, the
penalty shall constitute a lien on the home and shall be added
by
the county auditor to the manufactured home tax list for
collection. (H)(1)
Before
Except as otherwise provided in this division,
before moving a manufactured or mobile home on
public roads from
one address within this
state to another address within or
outside this state, the owner of the
home shall obtain a
relocation notice, as provided by
this section, from the auditor
of the county in which the home is located if
the home is
currently subject to taxation pursuant to section 4503.06 of the
Revised Code. The auditor shall charge five dollars for the
notice, and
deposit the amount to the credit of the county real
estate assessment fund to
be used to pay the costs of
administering this section and section 4503.06
of the Revised
Code. The auditor shall not issue a relocation notice unless
all
taxes owed on the home under section 4503.06 of the
Revised Code
that were first charged to the home during the period
of ownership
of the owner seeking the relocation notice
have been paid. If the
home is being moved by a new owner of the home or
by a party
taking repossession of the home, the auditor shall
not issue a
relocation notice unless all of the taxes due for
the preceding
five years and for the current year have been paid.
A relocation
notice issued by a county auditor is valid until the
last day of
December of the year in which it was issued.
If the home is being moved by a sheriff, police officer,
constable, bailiff, or manufactured home park operator, as defined
in section 3733.01 of the Revised Code, or any agent of any of
these persons, for purposes of removal from a manufactured home
park and storage, sale, or destruction under section 1923.14 of
the Revised Code, the auditor
shall issue a relocation notice
without requiring payment of any
taxes owed on the home under
section 4503.06 of the Revised Code. (2) If a manufactured or mobile home is not yet subject to
taxation under
section 4503.06 of the
Revised Code, the owner of
the home shall obtain a
relocation notice from the dealer of the
home. Within thirty days after the
manufactured or mobile home is
purchased, the dealer
of the home shall provide the auditor of the
county in which the
home is to be located written notice of the
name of the purchaser of the
home, the registration number or
vehicle identification number of the
home, and the address or
location to
which the home is to be moved. The county auditor
shall provide to each
manufactured and mobile home dealer, without
charge, a supply of relocation notices to be distributed
to
purchasers pursuant to this section. (3) The notice shall be in the form of a one-foot
square
yellow sign with the words "manufactured home relocation notice"
printed prominently on it. The name of the owner of the
home, the
home's registration number or vehicle identification number,
the
county and the address or location to which the home
is being
moved, and the county in which
the notice is issued shall also be
entered on the notice. (4) The relocation notice must be attached to the rear of
the home when the home is being moved on a public road. Except
as
provided in
division
divisions (H)(1) and (5)
of this section, no
person shall drive a motor vehicle moving a
manufactured or mobile
home on a public road from one address to
another address within
this state unless a relocation notice is
attached to the rear of
the home. (5) If the county auditor determines that a
manufactured or
mobile home has been moved without a relocation notice as
required
under this division, the auditor
shall impose a penalty of one
hundred dollars upon the owner of the home and
upon the person who
moved the home and deposit the amount to the credit of
the county
real estate assessment fund to pay the costs of administering this
section and section 4503.06 of the Revised Code.
If the home was
relocated from one county in this state to another
county in this
state and the county auditor of the county to which the
home was
relocated imposes the penalty, that county auditor, upon
collection
thereof
of the penalty, shall cause
an amount equal to
the penalty to be transmitted from the county
real estate
assessment fund to the county auditor of the county
from which the
home was relocated, who shall deposit the amount to
the credit of
the county real estate assessment fund. If the
penalty on the
owner is unpaid, the penalty shall constitute a lien on
the home,
and
the auditor shall add the penalty to the manufactured home tax
list for collection. If the county auditor determines that a
dealer that has
sold a manufactured or mobile home has failed to
timely provide
the information required under this division, the
auditor shall
impose a penalty upon the dealer in the amount of
one hundred
dollars. The penalty shall be credited to the county
real
estate assessment fund and used to pay the costs of
administering this section and section 4503.06 of the
Revised
Code.
Sec. 4503.062. (A) Every operator of a manufactured home
court, or
manufactured home park,
as defined in section 3733.01 of
the Revised Code, or when
there is no operator, every owner of
property used for such purposes on
which three or more
manufactured or mobile homes are located, shall keep a register of
all manufactured and mobile homes that make use of the court,
park, or
property. The
register shall contain
all of the
following: (A)(1) The name of the owner and all inhabitants of each
home;
(B)(2) The ages of all inhabitants
of each home;
(C)(3) The permanent and temporary post office addresses of
all inhabitants
of each home;
(D)(4) The license number of each
unit
home;
(E)(5) The state issuing each
such license;
(F)(6) The date of arrival and of departure of each
home.;
(7) The make and model of each home, if known and if either
of the following applies: (a) The home enters the court, park, or property on or after
January 1, 2003. (b) Ownership of the home in the court or park, or on the
property, is transferred on or after January 1, 2003. (B) The register shall be open to inspection by
the county
auditor, the county treasurer, agents of the
auditor or treasurer,
and all law enforcement
agencies at all times. (C) Any person who fails to comply with this section shall be
fined not
less than twenty-five nor more than one hundred dollars.
Sec. 4513.01.
Notwithstanding
The definitions set forth in
section 4511.01 of the
Revised
Code
"motor vehicle" includes
manufactured homes and
mobile
hom es
for the
purposes of sections
4513.60 to 4513.65 of
the Revised Code
apply to this chapter.
Section 2. That existing sections 1923.01, 1923.02, 1923.09,
1923.11, 1923.13, 1923.14, 3733.091, 4503.061, 4503.062, and
4513.01 of the Revised
Code are hereby repealed.
|
|