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(125th General Assembly)
(Amended Substitute House Bill Number 368)
AN ACT
To amend sections 1901.184, 1907.032, 1923.01, 3701.83, 3709.085, 3709.09, 3733.01, 3733.02, 3733.021, 3733.023, 3733.03, 3733.031, 3733.04, 3733.05, 3733.06, 3733.07, 3733.081, 4503.06, 4736.01, 5321.01, and 6111.46; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 3733.023 (3729.04), 3733.081 (3729.12), and 3733.082 (3729.13); and to enact sections 3729.01, 3729.02, 3729.03, 3729.05, 3729.06, 3729.07, 3729.08, 3729.09, 3729.10, 3729.11, and 3729.99 of the Revised Code to create separate regulatory programs for manufactured home parks and recreational vehicle parks, recreation camps, combined park-camps, and temporary park-camps.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 1901.184, 1907.032, 1923.01, 3701.83, 3709.085, 3709.09, 3733.01, 3733.02, 3733.021, 3733.023, 3733.03, 3733.031, 3733.04, 3733.05, 3733.06, 3733.07, 3733.081, 4503.06, 4736.01, 5321.01, and 6111.46 be amended, sections 3733.023 (3729.04), 3733.081 (3729.12), and 3733.082 (3729.13) be amended for the purpose of adopting new section numbers as indicated in parentheses, and sections 3729.01, 3729.02, 3729.03, 3729.05, 3729.06, 3729.07, 3729.08, 3729.09, 3729.10, 3729.11, and 3729.99 of the Revised Code be enacted to read as follows:
Sec. 1901.184. In addition to jurisdiction otherwise granted
by this chapter, a municipal court shall have jurisdiction in
actions filed under section 3733.082 3729.13 of the Revised Code.
Sec. 1907.032. In addition to the jurisdiction authorized in
other sections of this chapter, a county court has original
jurisdiction in actions filed under section 3733.082 3729.13 of the
Revised Code.
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
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, 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
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)(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. (7) "School premises" has the same meaning as in section
2925.01 of the Revised Code. (8) "Sexually oriented offense" and "child-victim oriented offense" have the same meanings as in
section 2950.01 of the Revised Code.
(9) "Recreational vehicle" has the same meaning as in section 4501.01 of the Revised Code.
Sec. 3701.83. (A) There is hereby created in the state treasury the
general operations fund. Moneys in the fund shall be used for the
purposes specified in sections 3701.04, 3701.344, 3702.20, 3710.15,
3711.021, 3717.45, 3721.02, 3722.04, 3729.07, 3733.04, 3733.25, 3733.43, 3748.04,
3748.05, 3748.07, 3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and
4769.09 of the Revised Code. (B) The alcohol testing program fund is hereby
created in the state treasury. The director of health shall use the fund to
administer and enforce the alcohol testing and permit program
authorized by section 3701.143 of the Revised Code. The fund shall receive
transfers from the liquor control fund created under section 4301.12
of the Revised Code. All investment earnings of the alcohol
testing program fund shall be credited to the fund.
Sec. 3709.085. (A) The board of health of a city or
general health district may enter into a contract with any
political subdivision or other governmental agency to obtain or
provide all or part of any services, including, but not limited
to, enforcement services, for the purposes of Chapter 3704. of
the Revised Code, the rules adopted and orders made pursuant
thereto, or any other ordinances or rules for the prevention,
control, and abatement of air pollution. (B)(1) As used in division (B)(2) of this section: (a) "Semipublic disposal system" means a disposal system
that treats the sanitary sewage discharged from publicly
or
privately owned buildings or places of assemblage, entertainment,
recreation, education, correction, hospitalization, housing, or
employment, but does not include a disposal system that
treats
sewage in amounts of more than twenty-five thousand gallons per
day; a disposal system for the treatment of sewage that is exempt
from the requirements of section 6111.04 of the Revised Code
pursuant to division (F)(6) of that section; or a disposal system
for the treatment of industrial waste. (b) Terms defined in section 6111.01 of the Revised Code
have the same meanings as in that section. (2) The board of health of a city or general health
district may enter into a contract with the environmental
protection agency to conduct on behalf of the agency inspection
or enforcement services, for the purposes of Chapter 6111.
of the Revised Code and rules adopted thereunder,
for
the disposal or treatment of sewage from semipublic disposal
systems. The board of health of a city or general
health district may charge a fee established pursuant to section
3709.09 of the Revised Code to be paid by the owner or operator of a
semipublic disposal system
for
inspections conducted by the board pursuant to a contract entered
into under division (B)(2) of this section, except
that the board shall not charge
a fee for those inspections conducted at any manufactured home
park, recreational vehicle park, recreation camp, or combined
park-camp that is licensed under section 3733.03 3729.05 of the Revised
Code or at any manufactured home park that is licensed under section 3733.03 of the Revised Code.
Sec. 3709.09. (A) The board of health of a city or
general health district may, by rule, establish a uniform system
of fees to pay the costs of any services provided by the board.
The fee for issuance of a certified copy of a vital record or a certification of birth shall not be less than the fee prescribed for the same service under division (A)(1) of section 3705.24 of the Revised Code and shall include the fees required by division (B) of section 3705.24 and section 3109.14 of the Revised Code. Fees for services provided by the board for purposes specified in
sections 3701.344, 3711.05, 3729.07, 3730.03, 3733.04,
3733.25, and
3749.04 of the Revised Code shall be established in accordance
with rules adopted under division (B) of this section. The
district advisory council, in the case of a general health
district, and the legislative authority of the city, in the case
of a city health district, may disapprove any fee established by
the board of health under this division, and any such fee, as
disapproved, shall not be charged by the board of health. (B) The public health
council shall adopt rules under section 111.15 of the Revised
Code that establish fee categories and uniform methodologies for
use in calculating the costs of services provided for purposes
specified in sections 3701.344, 3711.05, 3729.07, 3730.03,
3733.04, 3733.25, and 3749.04 of the Revised Code. In adopting the rules,
the public health council shall consider recommendations it
receives from advisory boards established either by statute or
the director of health for entities subject to the fees. (C) At least thirty days prior to establishing a fee for a
service provided by the board for a purpose specified in section
3701.344, 3711.05, 3729.07, 3730.03, 3733.04, 3733.25, or 3749.04 of the
Revised Code, a board of health shall notify any entity that would be
affected by the proposed fee of the amount of the proposed fee.
Sec. 3729.01. As used in this chapter: (A) "Camp operator" means the operator of a recreational
vehicle park, recreation camp, combined park-camp, or temporary
park-camp. (B) "Campsite user" means a person who enters into a
campsite use
agreement with a camp operator for the use of a
campsite at a recreational vehicle park, recreation
camp, combined
park-camp, or temporary park-camp. (C) "Combined park-camp" means any tract of land upon which
a combination of
five or more self-contained recreational
vehicles
or portable camping units are placed and includes any roadway,
building, structure, vehicle, or enclosure used or intended for
use as part of
the park facilities. A tract of land that is
subdivided for
lease or other contract of the individual lots is a
combined
park-camp if a combination of five or more recreational
vehicles
or portable camping units are placed on it for
recreation, vacation, or
business purposes. "Combined park-camp" does not include any tract of land
used
solely as a temporary park-camp or solely as a manufactured home park. (D) "Dependent recreational vehicle" means a recreational
vehicle other than a self-contained recreational vehicle. "Dependent recreational vehicle" includes a park model. (E) "Development" means any artificial change to improved
or
unimproved real estate, including, without limitation,
buildings
or structures, dredging, filling, grading, paving, excavation or
drilling operations, or storage of equipment or materials, and the
construction, expansion, or
substantial alteration of a
recreational
vehicle park, recreation
camp, or combined park-camp, for which plan review is
required
under division (A) of
section 3729.03 of the Revised Code.
"Development" does not
include the building, construction,
erection, or manufacture of
any building to which section 3781.06
of the Revised Code is
applicable. (F) "Director of health" means the director of health or
the director's authorized representative. (G) "Flood" or "flooding" means either of the following: (1) A general and temporary condition of partial or
complete
inundation of normally dry land areas from any of the
following: (a) The overflow of inland or tidal waters; (b) The unusual and rapid accumulation or runoff of
surface
waters from any source; (c) Mudslides that are proximately caused by flooding as
defined in division (G)(1)(b) of this section and that are
akin to
a river of liquid and flowing mud on the surface of
normally dry
land areas, as when earth is carried by a current of
water and
deposited along the path of the current. (2) The collapse or subsidence of land along the shore of
a
lake or other body of water as a result of erosion or
undermining
that is caused by waves or currents of water
exceeding anticipated
cyclical levels or that is suddenly caused
by an unusually high
water level in a natural body of water, and
that is accompanied by
a severe storm, by an unanticipated force
of nature, such as a
flash flood, by an abnormal tidal surge, or
by some similarly
unusual and unforeseeable event, that results
in flooding as
defined in division (G)(1)(a) of this
section. (H) "Flood plain" means the area adjoining any river,
stream, watercourse, or lake that has been or may be covered by
flood water. (I) "Licensor" means either the board of health of a city
or
general health district, or the authority having the duties of
a
board of health in any city as authorized by section 3709.05 of
the Revised Code, or the director of health, when required under
division (B) of section 3729.06 of the Revised Code. "Licensor"
also means an authorized representative of any of those entities
or of the director. (J) "Manufactured home park" has the same meaning as in section 3733.01 of the Revised Code. (K) "One-hundred-year flood" means a flood having a one
per
cent chance of being equaled or exceeded in any given year. (L) "One-hundred-year flood plain" means that portion of a
flood plain inundated by a one-hundred-year flood. (M) "Operator" means the person who has responsible charge
of a recreational vehicle park,
recreation
camp, combined park-camp, or temporary park-camp and
who is
licensed under this chapter. (N) "Park model" means a recreational vehicle that meets the American national standard institute standard A119.5(1988) for park trailers, is built on a single chassis, has a gross trailer area of not more than four hundred square feet when set up, is designed for seasonal or temporary living quarters, and may be connected to utilities necessary for operation of installed features and appliances. (O) "Person" has the same meaning as in section 1.59 of
the
Revised Code and also includes this state, any political
subdivision of this state, and any other state or local body of
this state. (P) "Portable camping units" means dependent recreational
vehicles, tents, portable sleeping equipment, and similar camping
equipment used for travel, recreation, vacation, or business
purposes. (Q) "Recreation camp" means any tract of land upon which
five or more portable camping units are placed and includes any
roadway, building, structure, vehicle, or enclosure used or
intended for use as a part of the facilities of the camp. A
tract
of land that is subdivided for lease or other contract of
the
individual lots is a recreation camp if five or more portable
camping units are placed on it for recreation, vacation, or
business purposes. "Recreation camp" does not include any tract of land used
solely for the storage or display for sale of dependent
recreational vehicles, solely as a temporary park-camp, or solely as a manufactured home park. (R) "Recreational
vehicle" has
the same meaning as in section 4501.01 of the Revised Code. (S) "Recreational vehicle park" means any tract of land
used
for parking five or more self-contained recreational
vehicles and
includes any roadway, building, structure, vehicle,
or enclosure
used or intended for use as part of the park
facilities and any
tract of land that is subdivided for lease or
other contract of
the individual lots for the express or implied
purpose of placing
self-contained recreational vehicles for
recreation, vacation, or
business purposes. "Recreational vehicle park" does not include any tract of
land used solely for the storage or display for sale of
self-contained recreational vehicles, solely as a temporary
park-camp, or solely as a manufactured home park. (T) "Self-contained recreational vehicle" means a
recreational vehicle that can operate independent of connections
to sewer and water and has plumbing fixtures or appliances all of
which are connected to sewage holding tanks located within the
vehicle. "Self-contained recreational vehicle" includes a park model. (U) "Substantially alter" means a change in the layout or
design of a recreational vehicle park,
recreation camp, combined park-camp, or temporary park-camp,
including, without limitation, the movement of utilities or
changes in established streets, lots, or sites or in other
facilities. (V) "Temporary park-camp" means any tract of land used for
a
period not to exceed a total of twenty-one days per calendar year
for the purpose of parking five or more recreational vehicles,
dependent
recreational vehicles, or
portable camping units, or any
combination thereof, for one or
more periods of time that do not
exceed seven consecutive days or
parts thereof. (W) "Tract" means a contiguous area of land that consists
of one or more parcels, lots, or sites that have been separately
surveyed regardless of whether the individual parcels, lots, or
sites have been recorded and regardless of whether the one or
more
parcels, lots, or sites are under common or different
ownership.
Sec. 3729.02. (A) The public health council, subject to Chapter 119. of
the Revised Code, shall adopt rules of uniform application
throughout the state governing the review of plans and issuance
of licenses for and the location, layout, construction, drainage,
sanitation, safety, and operation of recreational vehicle parks,
recreation camps, and combined park-camps. The rules shall not
apply to the construction, erection, or manufacture of any
building to which section 3781.06 of the Revised Code is
applicable. (B) The public health council, subject to Chapter 119. of
the Revised Code, shall adopt rules of uniform application
throughout the state governing the review of plans and issuance
of licenses for and the layout, sanitation, safety, and operation
of temporary park-camps. The rules shall not apply to the
construction, erection, or manufacture of any building to which
section 3781.06 of the Revised Code is applicable.
Sec. 3729.03. (A) No person shall cause development to
occur within any portion of a recreational vehicle park, recreation camp, or combined park-camp
until the plans for the development have been submitted to and
reviewed and approved by the director of health. This division
does not require that plans be submitted to the director for
approval for the replacement
of recreational vehicles or portable camping units on previously
approved sites in a recreational vehicle park, recreation camp,
or combined park-camp when no development is to occur in
connection with the replacement. Within thirty days after
receipt of the plans, all supporting documents and materials
required to complete the review, and the applicable plan review
fee established under division (D) of this section, the director
shall approve or disapprove the plans. (B) Any person aggrieved by the director's disapproval of
a set of plans under division (A) of this section may request a
hearing on the matter within thirty days after receipt of the
director's notice of the disapproval. The hearing shall be held
in accordance with Chapter 119. of the Revised Code. Thereafter,
the disapproval may be appealed in the manner provided in section
119.12 of the Revised Code. (C) The director shall establish a system by which
development occurring within a recreational vehicle park, recreation camp, or combined park-camp
is inspected or verified in accordance with rules adopted under
division (A) of section 3729.02 of the
Revised Code to ensure that the development complies with the
plans approved under division (A) of this section. (D) The public health council shall establish fees for
reviewing plans under division (A) of this section and conducting
inspections under division (C) of this section. (E) The director shall charge the appropriate fees
established under division (D) of this section for reviewing
plans under division (A) of this section and conducting
inspections under division (C) of this section. All such plan
review and inspection fees received by the director shall be
transmitted to the treasurer of state and shall be credited to
the general operations fund created in section 3701.83 of the
Revised Code. Moneys so credited to the fund shall be used only
for the purpose of administering and enforcing this chapter and rules adopted under it. (F) Plan approvals issued under this section do not
constitute an exemption from the land use and building
requirements of the political subdivision in which the
recreational vehicle park, recreation
camp, or combined park-camp is or is to be located.
Sec. 3733.023 3729.04. (A) No person shall cause development to
occur within any portion of a recreational vehicle park,
recreation camp, combined park-camp, or temporary park-camp that
is located within a one-hundred-year flood plain in a municipal
corporation unless the person first obtains a permit therefor
from the municipal corporation in accordance with the flood plain
management ordinance of the municipal corporation. (B) No person shall cause development to occur within any
portion of a recreational vehicle park, recreation camp, combined
park-camp, or temporary park-camp that is located within a one-hundred-year flood plain in an unincorporated area unless the
person first obtains a permit therefor from the board of county
commissioners of the county in which the development is to occur
in accordance with the flood plain management resolution of the
county adopted under section 307.37 of the Revised Code. (C) If development for which a permit is required under
division (A) or (B) of this section is to occur on a site where a
recreational vehicle or portable camping unit is or is to be
located, the owner of the recreational vehicle or portable
camping unit and the operator of the recreational vehicle park,
recreation camp, or combined park-camp shall jointly obtain the
permit. Each of the persons to whom a permit is jointly issued
is responsible for compliance with the provisions of the approved
permit that are applicable to that person. If development for which a permit is required under
division (A) or (B) of this section is to occur within a
temporary park-camp on a site where a recreational vehicle or
portable camping unit is or is to be located, the owner of the
temporary park-camp shall obtain the permit. (D) Fees established by a municipal corporation or county
for the issuance of permits under division (A) or (B) of this
section are not subject to regulation by the public health
council.
Sec. 3729.05. (A)(1) On or after the first day of April, but before the
first day of May of each year, every person who intends to
operate a recreational vehicle park, recreation camp, or combined
park-camp shall procure a license to operate the park or camp
from the licensor. If the applicable license fee prescribed
under section 3729.07 of the Revised Code is not received by the
licensor by the close of business on the last day of April, the
applicant for the license shall pay a penalty equal to
twenty-five per cent of the applicable license fee. The penalty
shall accompany the license fee. If the last day of April is not
a business day, the penalty attaches upon the close of business
on the next business day. (2) Every person who intends to operate a temporary
park-camp shall obtain a license to operate the temporary
park-camp from the licensor at any time before the person begins
operation of the temporary park-camp during the calendar year. (3) No recreational vehicle park,
recreation camp, combined park-camp, or temporary park-camp shall be maintained or
operated in this state without a license.
However, no person who neither intends to receive nor receives
anything of value arising from the use of, or the sale of goods
or services in connection with the use of, a recreational vehicle
park, recreation camp, combined park-camp, or temporary park-camp
is required to procure a license under this division. If any
health hazard exists at such an unlicensed park, camp, or
park-camp, the health hazard shall be corrected in a manner
consistent with the appropriate rule adopted under division (A) or (B) of section 3729.02 of the Revised Code. (4) No person who has received a license under division (A)(1) of this section, upon the sale or
disposition of the recreational vehicle
park, recreation camp, or combined park-camp, may have the
license transferred to the new operator. A person shall obtain a
separate license to operate each
recreational vehicle park, recreation camp, or combined
park-camp. No license to operate a temporary park-camp shall be
transferred. A person shall obtain a separate license for each
temporary park-camp that the person intends to operate, and the
license shall
be valid for a period of not longer than seven consecutive days.
A person who operates a temporary park-camp on a tract of land for more
than twenty-one days or parts thereof in a calendar year shall
obtain a license to operate a recreational vehicle park,
recreation camp, or combined park-camp. (B)(1) Before a license is initially issued under division (A)(1) of this section and annually
thereafter, or more often if necessary, the licensor shall cause
each recreational vehicle park,
recreation camp, or combined park-camp to be inspected to determine compliance with this chapter and rules adopted under it. A record shall
be made of each inspection on a form prescribed by the director of health. (2) When a license is initially issued under division (A)(2) of this section, and more often if
necessary, the licensor shall cause each temporary park-camp to
be inspected to determine compliance with this chapter and rules adopted under it during the period that the temporary park-camp is in
operation. A record shall be made of each inspection on a form
prescribed by the director. (C) Each person applying for an initial license to operate
a recreational vehicle park, recreation
camp, combined park-camp, or temporary park-camp shall provide
acceptable proof to the director, or to the licensor in
the case of a temporary park-camp, that adequate fire protection
will be provided and that applicable fire codes will be adhered
to in the construction and operation of the park, camp, or
park-camp. (D) Any person that operates a county or state fair or any
independent agricultural society organized pursuant to section
1711.02 of the Revised Code that operates a fair shall not be
required to obtain a license under this chapter if recreational vehicles, portable camping
units, or any combination of them are parked at the site of the
fair only during the time of preparation for, operation of, and
dismantling of the fair and if the recreational vehicles,
portable camping units, or any combination of them belong to
participants in the fair.
Sec. 3729.06. (A) The director of health may survey
annually each health district that is licensing recreational vehicle parks, recreation camps, combined
park-camps, or temporary park-camps as provided in section
3729.05 of the Revised Code to determine whether the district is
in substantial compliance with this chapter and rules adopted under it. Upon
determination that there is substantial compliance, the director
shall place the health district on an approved list. The
director shall make a resurvey when in the director's
opinion a resurvey is
necessary and shall remove from the approved list any health
district not substantially complying with this chapter and rules adopted under it. (B) If, after a survey or resurvey is made as provided in
this section, the director determines that a health district is
not eligible to be placed on the approved list or to continue on
the list, the director shall certify that fact to the board
of health of
the health district. The director shall administer and enforce
this chapter and rules
adopted under it in the health district until the director
determines
that the health district is eligible for placement on the
approved list. Until the district is placed on or returned to
the approved list, the director shall collect all fees payable to
a board of health under section 3729.07 of the Revised Code and
all such fees previously paid that have not been expended or
encumbered for deposit in the state treasury to the credit of the
campground licensing fund, which is hereby created for use
by the director in the director's capacity as licensor. The
director shall
repay any balance remaining in the account to the district when
the director places the district on the approved list.
Sec. 3729.07. The licensor of a recreational vehicle park, recreation camp, or combined park-camp
may charge a fee for an annual license to operate such a park,
camp, or park-camp. In the case of a temporary park-camp, the
licensor may charge a fee for a license to operate the temporary
park-camp for the period specified in division (A) of section
3729.05 of the Revised Code. The fees for both types of licenses
shall be determined in accordance with section 3709.09 of the
Revised Code and shall include the cost of licensing and all
inspections. Except for the fee for a temporary park-camp license, the
fee also shall include any additional amount determined by rule
of the public health council, which shall be collected and
transmitted by the board of health to the treasurer of state to
be credited to the general operations fund created in section
3701.83 of the Revised Code and used only for the purpose of
administering and enforcing this chapter and rules adopted under it. The
portion of any fee retained by the board of health shall be paid
into a special fund and used only for the purpose of
administering and enforcing this chapter and rules adopted under it.
Sec. 3729.08. The licensor of the health district in which a recreational vehicle park, recreation camp, combined park-camp, or
temporary park-camp is or is to be located, in accordance with Chapter 119. of
the Revised Code, may refuse to grant, may suspend, or may revoke any license
granted to any person for failure to comply with this chapter or with any rule adopted by the public health council
under section 3729.02 of the Revised Code.
Sec. 3729.09. Upon a license being issued under sections
3729.05 to 3729.08
of the Revised Code, any operator has the right to rent or use each lot
or camping space for the parking or placement of a recreational vehicle or portable camping facility to be used for human
habitation without interruption for any period coextensive with any license or
consecutive licenses issued under sections 3729.05 to 3729.08 of the Revised
Code.
Sec. 3729.10. Fees authorized or charged under sections 3729.03
and 3729.07 of the Revised Code are in lieu of all license and inspection fees
on or with respect to the operation or ownership of recreational vehicle parks, combined park-camps, recreation camps, or
temporary park-camps within this state, except that the licensor may charge
additional reasonable fees for the collection and bacteriological examination
of any necessary water samples taken from any such park, camp, or park-camp.
Sec. 3729.11. (A) No person shall violate this chapter or rules adopted under it. (B) The prosecuting attorney of a county, a city director of law, or the
attorney general, upon complaint of the licensor or the director of health,
shall prosecute to termination or bring an action for injunction against any
person violating this chapter or rules
adopted under it.
Sec. 3733.081 3729.12. Every campsite use agreement entered into
between a
camp operator and a campsite user shall be in writing,
shall contain
the name, address, and phone number of the campsite
user, and shall designate the campsite that is the subject of the
agreement. The campsite use
agreement also shall
contain a
description of the procedure for
removing
property from the
campsite if the campsite user fails to
remove all property from
the campsite
as required by section
3733.082 3729.13 of the Revised Code.
Sec. 3733.082 3729.13. (A) A campsite user who enters into a campsite
use
agreement with a camp operator for the use of a campsite at
a
recreational vehicle park, recreation camp, combined park-camp,
or
temporary park-camp, at the expiration of the campsite use
period
under
the agreement, shall remove from the campsite all of
the
campsite user's property and all property any other person
placed
on the
campsite with the permission of the campsite user.
If the
campsite user fails to
remove all of that property from the
campsite within the five-consecutive-day period
after the
expiration of that campsite use period, all of the following
apply:
(1) The camp operator shall perform an inventory of the
property that the campsite user did not remove from the campsite.
(2) The camp operator may send a letter to the campsite user
informing the campsite user that the campsite user has abandoned
the property on the campsite in violation of the campsite use
agreement and that the camp operator will commence an action for
the
seizure of the property if the campsite user does not remove
the
property from the campsite within ten days after the date on
which
the letter is mailed. (3) If the campsite user does not remove the property from
the campsite within ten days after the date on which the letter
described in division (A)(2) of this section is mailed, the
camp
operator may file an action for the seizure of
the property that
remains on the campsite in the municipal court or
county court
that has territorial jurisdiction over the park or
camp. The
complaint shall contain all of the following: (a) The name, address, and phone number of the campsite user
that is
in the campsite use agreement;
(b) A description of the property that the campsite user has
not
removed from the campsite;
(c) A demand that all of the property listed in the
complaint
be removed from the campsite within seven days after
service of the
complaint
upon the campsite user;
(d) A description of the procedure that will be followed if
the campsite user does not remove the listed property within the
seven-day period;
(e) A statement that the campsite user shall pay to the
clerk of the court the amount of the filing
fees
charged for the
filing of the complaint, that the campsite user shall pay those
fees prior to the campsite user's removal of the listed property
from the campsite, and that if the
campsite user
fails to pay the
amount of the filing fees the property may be
sold to pay the
filing fees.
(4) When the camp operator files an action under division
(A)(3) of this section, the clerk of the court shall issue a
summons and a copy of the complaint pursuant to the Rules of Civil
Procedure to the
campsite user
at the address provided in the
campsite use
agreement.
(5) If the campsite user does not file an answer to the
complaint
filed under division (A)(3) of this section and remove
all of the
property listed in the complaint within seven days
after service of the complaint upon the campsite user, the court
shall do
either of the following: (a) Issue an order authorizing the sheriff, another peace
officer, or a bailiff to remove the property from the campsite and
place it in storage; (b) Authorize the camp operator to seize the property and
cause the issuance to the camp operator of a new certificate of
title for the property if the property is a titled vehicle.
(6) Upon the removal and storage of the property, the
sheriff, peace officer, bailiff, or camp operator shall conduct
or cause to be
conducted a search of the appropriate public
records that relate
to the property and shall make or cause to be
made reasonably
diligent inquiries for the purpose of identifying
persons who have
any right, title, or interest in any of the
property. Then, the
sheriff, peace officer, bailiff, or camp
operator may commence proceedings for
the sale of the property.
The sheriff, peace officer, bailiff, or camp operator
shall send
by certified mail, return receipt requested, a written
notice of
the date, time, and place of the sale to each person
who, because
of the conduct of the search, the making of
inquiries, or
otherwise, the sheriff, peace officer, bailiff, or camp operator
believes has any right, title, or interest in the property. The
sheriff, peace officer, bailiff, or camp operator shall send the
notice to the
last known address of each of those persons. (7) If the sheriff, peace officer, bailiff, or camp operator
sells the property, the sheriff, peace officer, bailiff, or camp
operator shall dispose of
the proceeds of the sale in the
following order:
(a) The sheriff, peace officer, bailiff, or camp operator
shall first pay
the costs for any moving or any storage of the
property, the costs
of the sale, and any unpaid court costs
assessed against the
campsite user in the underlying action. (b) Following the payment required by division (A)(7)(a) of
this section, the sheriff, peace officer, bailiff, or camp
operator shall pay all
other outstanding security interests,
liens, or encumbrances on
the property by priority of filing or
other priority. (c) After complying with divisions (A)(7)(a) and (b) of this
section, the sheriff, peace officer, bailiff, or camp operator
shall transfer any
remaining money to the owner of the property.
(8) If the sheriff, peace officer, bailiff, or camp operator
does not
conduct a sale of the property, the sheriff, peace
officer,
bailiff, or camp operator shall dispose of the property
in the following manner:
(a) If the property is a motor vehicle or recreational
vehicle, in accordance with the procedure in section 4513.61 or
4513.63 of the Revised Code;
(b) If the property is personal property, in accordance with
the procedure in section 2933.41 of the Revised Code.
(B) Upon collection from the campsite user, the municipal
court or county court shall reimburse the
filing fees to the camp
operator.
Sec. 3729.99. Whoever violates division (A) of section 3729.11 of the
Revised Code is guilty of a misdemeanor of the fourth degree.
Sec. 3733.01. As used in this chapter: (A) "Manufactured home park" means any tract of land upon
which three or more manufactured or mobile homes used for
habitation are
parked, either free of charge or for revenue
purposes, and
includes any roadway, building, structure, vehicle,
or enclosure used or
intended for use as a part of the facilities
of the park. "Manufactured home
park" does not include any of the
following: (1) A tract of land
used solely for the storage or display
for sale of manufactured or mobile
homes or solely as a temporary
park-camp as defined in section 3729.01 of the Revised Code; (2) A tract of land that is
subdivided and the individual
lots are for sale or sold for the
purpose of installation of
manufactured or mobile homes used for
habitation and the roadways
are dedicated to the local
government authority; (3) A tract of land within an area that is subject to
local
zoning authority and subdivision requirements and is
subdivided,
and the individual lots are for sale or sold for the
purpose of
installation of manufactured or mobile homes for
habitation. (B) "Recreational vehicle park" means any tract of land
used
for parking five or more self-contained recreational
vehicles and
includes any roadway, building, structure, vehicle,
or enclosure
used or intended for use as part of the park
facilities and any
tract of land that is subdivided for lease or
other contract of
the individual lots for the express or implied
purpose of placing
self-contained recreational vehicles for
recreation, vacation, or
business purposes. "Recreational vehicle park" does not include any tract of
land used solely for the storage or display for sale of
self-contained recreational vehicles or solely as a temporary
park-camp.
(C) "Portable camping units" means dependent recreational
vehicles, tents, portable sleeping equipment, and similar camping
equipment used for travel, recreation, vacation, or business
purposes.
(D) "Manufactured home" has the meaning set forth in
division (C)(4)
of section 3781.06 of the Revised Code, and
"mobile home" and "recreational
vehicle" have
has the meanings meaning set
forth in section 4501.01 of the Revised Code.
(E) "Self-contained recreational vehicle" means a
recreational vehicle that can operate independent of connections
to sewer and water and has plumbing fixtures or appliances all of
which are connected to sewage holding tanks located within the
vehicle.
(F) "Dependent recreational vehicle" means a recreational
vehicle other than a self-contained recreational vehicle.
(G) "Recreation camp" means any tract of land upon which
five or more portable camping units are placed and includes any
roadway, building, structure, vehicle, or enclosure used or
intended for use as a part of the facilities of the camp. A
tract
of land that is subdivided for lease or other contract of
the
individual lots is a recreation camp if five or more portable
camping units are placed on it for recreation, vacation, or
business purposes.
"Recreation camp" does not include any tract of land used
solely for the storage or display for sale of dependent
recreational vehicles or solely as a temporary park-camp.
(H) "Combined park-camp" means any tract of land upon which
a combination of
five or more self-contained recreational
vehicles
or portable camping units are placed and includes any roadway,
building, structure, vehicle, or enclosure used or intended for
use as part of
the park facilities. A tract of land that is
subdivided for
lease or other contract of the individual lots is a
combined
park-camp if a combination of five or more recreational
vehicles
or portable camping units are placed on it for
recreation, vacation, or
business purposes.
"Combined park-camp" does not include any tract of land
used
solely as a temporary park-camp.
(I)(C) "Licensor" means either the board of health of a city
or
general health district, or the authority having the duties of
a
board of health in any city as authorized by section 3709.05 of
the Revised Code, or the director of health, when required under
division (B) of section 3733.031 of the Revised Code. "Licensor"
also means an authorized representative of any of those entities
or of the director.
(J)(D) "Tenant" means a person who is entitled under a rental
agreement with a manufactured home park operator to occupy a
manufactured home park lot and who does not own the
home occupying
the lot.
(K)(E) "Owner" means a person who is entitled under a rental
agreement with a manufactured home park operator to occupy a
manufactured home park lot and who owns the home
occupying the
lot.
(L)(F) "Resident" means a person entitled under a rental
agreement to the use and occupancy of residential premises to the
exclusion of others. It "Resident" includes both tenants and owners.
(M)(G) "Operator" means the person who has responsible charge
of a manufactured home park, recreational vehicle park,
recreation
camp, combined park-camp, or temporary park-camp and
who is
licensed under sections 3733.01 to 3733.08 of the Revised
Code.
(N)(H) "Park operator" means a manufactured home park
operator.
(O)(I) "Residential premises" means a lot located within a
manufactured home park and the grounds, areas, and facilities
contained within the manufactured home park for the use of
residents generally or the use of which is promised to a
resident.
(P)(J) "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 and
occupancy of
residential premises by one of the parties.
(Q)(K) "Security deposit" means any deposit of money or
property to secure performance by the resident under a rental
agreement.
(R) "Temporary park-camp" means any tract of land used for
a
period not to exceed a total of twenty-one days per calendar year
for the purpose of parking five or more recreational vehicles,
dependent
recreational vehicles, or
portable camping units, or any
combination thereof, for one or
more periods of time that do not
exceed seven consecutive days or
parts thereof.
(S)(L) "Development" means any artificial change to improved
or
unimproved real estate, including, without limitation,
buildings
or structures, dredging, filling, grading, paving, excavation or
drilling operations, or storage of equipment or materials, and the
construction, expansion, or
substantial alteration of a
manufactured home park, recreational
vehicle park, recreation
camp, or combined park-camp, for which plan review is
required
under division (A) of
section 3733.021 of the Revised Code.
"Development" does not
include the building, construction,
erection, or manufacture of
any building to which section 3781.06
of the Revised Code is
applicable.
(T)(M) "Flood" or "flooding" means either of the following:
(1) A general and temporary condition of partial or
complete
inundation of normally dry land areas from any of the
following: (a) The overflow of inland or tidal waters; (b) The unusual and rapid accumulation or runoff of
surface
waters from any source; (c) Mudslides that are proximately caused by flooding as
defined in division (T)(M)(1)(b) of this section and that are
akin to
a river of liquid and flowing mud on the surface of
normally dry
land areas, as when earth is carried by a current of
water and
deposited along the path of the current. (2) The collapse or subsidence of land along the shore of
a
lake or other body of water as a result of erosion or
undermining
that is caused by waves or currents of water
exceeding anticipated
cyclical levels or that is suddenly caused
by an unusually high
water level in a natural body of water, and
that is accompanied by
a severe storm, by an unanticipated force
of nature, such as a
flash flood, by an abnormal tidal surge, or
by some similarly
unusual and unforeseeable event, that results
in flooding as
defined in division (T)(M)(1)(a) of this
section. (U)(N) "Flood plain" means the area adjoining any river,
stream, watercourse, or lake that has been or may be covered by
flood water.
(V)(O) "One-hundred-year flood" means a flood having a one
per
cent chance of being equaled or exceeded in any given year.
(W)(P) "One-hundred-year flood plain" means that portion of a
flood plain inundated by a one-hundred-year flood.
(X)(Q) "Person" has the same meaning as in section 1.59 of
the
Revised Code and also includes this state, any political
subdivision of this state, and any other state or local body of
this state.
(Y)(R) "Substantial damage" means damage of any origin
sustained by a manufactured or mobile home that is situated in a
manufactured home park located in a flood plain when the cost of
restoring the home to its condition before the
damage occurred
will equal or exceed fifty per cent of the market
value of the
home before the damage occurred.
(Z)(S) "Substantially alter" means a change in the layout or
design of a manufactured home park, recreational vehicle park,
recreation camp, combined park-camp, or temporary park-camp,
including, without limitation, the movement of utilities or
changes in established streets, lots, or sites or in other
facilities. In the case of manufactured home parks located
within
a one-hundred-year flood plain, "substantially alter"
also
includes changes in elevation resulting from the addition of
fill,
grading, or excavation that may affect flood plain
management.
(AA)(T) "Tract" means a contiguous area of land that consists
of one or more parcels, lots, or sites that have been separately
surveyed regardless of whether the individual parcels, lots, or
sites have been recorded and regardless of whether the one or
more
parcels, lots, or sites are under common or different
ownership.
(BB)(U) "Director of health" means the director of health or
the director's authorized representative.
(CC) "Camp operator" means the operator of a recreational
vehicle park, recreation camp, combined park-camp, or temporary
park-camp.
(DD) "Campsite user" means a person who enters into a
campsite use
agreement with a camp operator for the use of a
campsite at a recreational vehicle park, recreation
camp, combined
park-camp, or temporary park-camp.
Sec. 3733.02. (A)(1) The public health council, subject to
Chapter 119. of the Revised Code, shall adopt, and has the
exclusive power to adopt, rules of uniform application throughout
the state governing the review of plans, issuance of flood plain
management permits, and issuance of licenses for manufactured
home parks; the location, layout, density, construction, drainage,
sanitation, safety, and operation of those parks; blocking and
tiedowns of mobile and manufactured homes in those parks; and notices
of flood events concerning, and flood protection at, those parks.
The rules pertaining to flood plain management shall be
consistent with and not less stringent than the flood plain
management criteria of the national flood insurance program
adopted under the "National Flood Insurance Act of 1968," 82
Stat. 572, 42 U.S.C.A. 4001, as amended. The rules shall not apply to the
construction, erection, or manufacture of any building to which section
3781.06 of the Revised Code is applicable. (2) The rules pertaining to manufactured home parks constructed
after June 30, 1971, shall specify that each home must be placed on
its lot to provide not less than fifteen feet between the side of one home and
the side of another home, ten feet between the end of one home and the side of
another home, and five feet between the ends of two homes placed
end to end. (B) The public health council, subject to Chapter 119. of
the Revised Code, shall adopt rules of uniform application
throughout the state governing the review of plans and issuance
of licenses for and the location, layout, construction, drainage,
sanitation, safety, and operation of recreational vehicle parks,
recreation camps, and combined park-camps. The rules shall not
apply to the construction, erection, or manufacture of any
building to which section 3781.06 of the Revised Code is
applicable. (C) The public health council, subject to Chapter 119. of
the Revised Code, shall adopt rules of uniform application
throughout the state governing the review of plans and issuance
of licenses for and the layout, sanitation, safety, and operation
of temporary park-camps. The rules shall not apply to the
construction, erection, or manufacture of any building to which
section 3781.06 of the Revised Code is applicable.
(D) The public health council, in accordance with Chapter
119. of the Revised Code, shall adopt rules of uniform
application throughout the state establishing requirements and
procedures in accordance with which the director of health may
authorize licensors for the purposes of sections 3733.022 and
3733.025 of the Revised Code. The rules shall include at least
provisions under which a licensor may enter into contracts for
the purpose of fulfilling the licensor's responsibilities under
either or both of those sections.
Sec. 3733.021. (A) No person shall cause development to
occur within any portion of a manufactured home park,
recreational vehicle park, recreation camp, or combined park-camp
until the plans for the development have been submitted to and
reviewed and approved by the director of health. This division
does not require that plans be submitted to the director for
approval for the replacement of manufactured or mobile homes on previously
approved lots in a manufactured home park or for the replacement
of recreational vehicles or portable camping units on previously
approved sites in a recreational vehicle park, recreation camp,
or combined park-camp when no development is to occur in
connection with the replacement. Within thirty days after
receipt of the plans, all supporting documents and materials
required to complete the review, and the applicable plan review
fee established under division (D) of this section, the director
shall approve or disapprove the plans. (B) Any person aggrieved by the director's disapproval of
a set of plans under division (A) of this section may request a
hearing on the matter within thirty days after receipt of the
director's notice of the disapproval. The hearing shall be held
in accordance with Chapter 119. of the Revised Code. Thereafter,
the disapproval may be appealed in the manner provided in section
119.12 of the Revised Code. (C) The director shall establish a system by which
development occurring within a manufactured home park,
recreational vehicle park, recreation camp, or combined park-camp
is inspected or verified in accordance with rules adopted under
division (A) or (B), as appropriate, of section 3733.02 of the
Revised Code to ensure that the development complies with the
plans approved under division (A) of this section. (D) The public health council shall establish fees for
reviewing plans under division (A) of this section and conducting
inspections under division (C) of this section. (E) The director shall charge the appropriate fees
established under division (D) of this section for reviewing
plans under division (A) of this section and conducting
inspections under division (C) of this section. All such plan
review and inspection fees received by the director shall be
transmitted to the treasurer of state and shall be credited to
the general operations fund created in section 3701.83 of the
Revised Code. Moneys so credited to the fund shall be used only
for the purpose of administering and enforcing sections 3733.01
to 3733.08 of the Revised Code and rules adopted under those
sections. (F) Plan approvals issued under this section do not
constitute an exemption from the land use and building
requirements of the political subdivision in which the
manufactured home park, recreational vehicle park, recreation
camp, or combined park-camp is or is to be located.
Sec. 3733.03. (A)(1) On or after the first day of
December, but before the first day of January of the next year,
every person who intends to operate a manufactured home park
shall procure a license to operate the park for the next year
from the licensor. If the applicable license fee prescribed
under section 3733.04 of the Revised Code is not received by the
licensor by the close of business on the last day of December,
the applicant for the license shall pay a penalty equal to
twenty-five per cent of the applicable license fee. The penalty
shall accompany the license fee. If the last day of December is
not a business day, the penalty attaches upon the close of
business on the next business day. (2) On or after the first day of April, but before the
first day of May of each year, every person who intends to
operate a recreational vehicle park, recreation camp, or combined
park-camp shall procure a license to operate the park or camp
from the licensor. If the applicable license fee prescribed
under section 3733.04 of the Revised Code is not received by the
licensor by the close of business on the last day of April, the
applicant for the license shall pay a penalty equal to
twenty-five per cent of the applicable license fee. The penalty
shall accompany the license fee. If the last day of April is not
a business day, the penalty attaches upon the close of business
on the next business day. (3) Every person who intends to operate a temporary
park-camp shall obtain a license to operate the temporary
park-camp from the licensor at any time before the person begins
operation of the temporary park-camp during the calendar year.
(4) No manufactured home park, recreational vehicle park,
recreation camp, or combined park-camp shall be maintained or
operated in this state after January 1, 1952, without a license.
However, no person who neither intends to receive nor receives
anything of value arising from the use of, or the sale of goods
or services in connection with the use of, a recreational vehicle
park, recreation camp, combined park-camp, or temporary park-camp
is required to procure a license under this division. If any
health hazard exists at such an unlicensed park, camp, or
park-camp, the health hazard shall be corrected in a manner
consistent with the appropriate rule adopted under division (B)
or (C) of section 3733.02 of the Revised Code.
(5)(3) No person who has received a license, upon the sale or
disposition of the manufactured home park, recreational vehicle
park, recreation camp, or combined park-camp, may have the
license transferred to the new operator. A person shall obtain a
separate license to operate each manufactured home park,
recreational vehicle park, recreation camp, or combined
park-camp. No license to operate a temporary park-camp shall be
transferred. A person shall obtain a separate license for each
temporary park-camp he intends to operate, and the
license shall
be valid for a period of no longer than seven consecutive days.
A person who operates a park-camp on a tract of land for more
than twenty-one days or parts thereof in a calendar year shall
obtain a license to operate a recreational vehicle park,
recreation camp, or a combined park-camp.
(B)(1) Before a license is initially issued and annually
thereafter, or more often if necessary, the licensor shall cause
each manufactured home park, recreational vehicle park,
recreation camp, or combined park-camp to be inspected relative
to compliance with sections 3733.01 to 3733.08 of the Revised
Code and the rules adopted under those sections. A record shall
be made of each inspection on a form prescribed by the director of health. (2) When a license is initially issued, and more often if
necessary, the licensor shall cause each temporary park-camp to
be inspected relative to compliance with sections 3733.01 to
3733.08 of the Revised Code and the rules adopted under those
sections, during the period that the temporary park-camp is in
operation. A record shall be made of each inspection on a form
prescribed by the director.
(C) Each person applying for an initial license to operate
a manufactured home park, recreational vehicle park, recreation
camp, combined park-camp, or temporary park-camp shall provide
acceptable proof to the director of health, or to the licensor in
the case of a temporary park-camp, that adequate fire protection
shall will be provided and that applicable fire codes shall will be adhered
to in the construction and operation of the park, camp, or
park-camp. (D) Any person that operates a county or state fair or any
independent agricultural society organized pursuant to section
1711.02 of the Revised Code that operates a fair shall not be
required to obtain a license under sections 3733.01 to 3733.08 of
the Revised Code if recreational vehicles, portable camping
units, or any combination thereof are parked at the site of the
fair only during the time of preparation for, operation of, and
dismantling of the fair and if the recreational vehicles,
portable camping units, or any combination thereof belong to
participants in the fair.
Sec. 3733.031. (A) The director of health may survey
annually each health district licensing manufactured home parks,
recreational vehicle parks, recreation camps, combined
park-camps, or temporary park-camps as provided by section
3733.03 of the Revised Code to determine whether the district is
in substantial compliance with sections 3733.01 to 3733.08 of the
Revised Code and the rules adopted thereunder. Upon
determination that there is substantial compliance, the director
shall place such the health district upon an approved list. The
director shall make a resurvey when in his the director's
opinion a resurvey is
necessary, and shall remove from the approved list any health
district not substantially complying with sections 3733.01 to
3733.08 of the Revised Code and the rules adopted thereunder. (B) If after a survey or resurvey is made as provided by
this section the director determines that a health district is
not eligible to be placed on the approved list or to continue on
such the list, he the director shall certify such that fact to the board
of health of
the health district. The director shall administer and enforce
sections 3733.01 to 3733.08 of the Revised Code and the rules
adopted thereunder in such the health district until he the director
determines
that the health district is eligible for placement on the
approved list. Until the district is placed on or returned to
the approved list, the director shall collect all fees payable to
a board of health under section 3733.04 of the Revised Code and
all such fees previously paid which that have not been expended or
encumbered for deposit in the state treasury to the credit of the
health district licensing fund, which is hereby created for use
by the director in his the director's capacity as licensor. The
director shall
repay any balance remaining in the account to the district when
he the director places the district on the approved list.
Sec. 3733.04. The licensor of a manufactured home park,
recreational vehicle park, recreation camp, or combined park-camp
may charge a fee for an annual license to operate such a park,
camp, or park-camp. In the case of a temporary park-camp, the
licensor may charge a fee for a license to operate the temporary
park-camp for the period specified in division (A) of section
3733.03 of the Revised Code. The fees fee for both types of licenses
a license shall be determined in accordance with section 3709.09 of the
Revised Code and shall include the cost of licensing and all
inspections. Except for the fee for a temporary park-camp license, the
The fee also shall include any additional amount determined by rule
of the public health council, which shall be collected and
transmitted by the board of health to the treasurer of state to
be credited to the general operations fund created in section
3701.83 of the Revised Code and used only for the purpose of
administering and enforcing sections 3733.01 to 3733.08 of the
Revised Code and the rules adopted under those sections. The
portion of any fee retained by the board of health shall be paid
into a special fund and used only for the purpose of
administering and enforcing sections 3733.01 to 3733.08 of the
Revised Code and the rules adopted thereunder.
Sec. 3733.05. The licensor of the health district in which a manufactured
home park, recreational vehicle park, recreation camp, combined park-camp, or
temporary park-camp is or is to be located, in accordance with Chapter 119. of
the Revised Code, may refuse to grant, may suspend, or may revoke any license
granted to any person for failure to comply with sections 3733.01 to 3733.08
of the Revised Code or with any rule adopted by the public health council
under section 3733.02 of the Revised Code.
Sec. 3733.06. (A) Upon a license being issued under sections
3733.03 to 3733.05
of the Revised Code, any operator shall have the right to rent or use each lot
or camping space for the parking or placement of a manufactured
home, or mobile home,
recreational vehicle, or portable camping facility to be used for human
habitation without interruption for any period coextensive with any license or
consecutive licenses issued under sections 3733.03 to 3733.05 of the Revised
Code. (B) No operator of a manufactured home park shall sell
individual lots in a park for eight years following the issuance of the
initial license for the park unless, at the time of sale, the park fulfills
all
platting and subdivision requirements established by the political subdivision
in which the park is located, or the political subdivision has entered into an
agreement with the operator regarding platting and subdivision requirements
and the operator has fulfilled the terms of that agreement.
Sec. 3733.07. Fees authorized or charged under sections 3733.021, 3733.022,
and 3733.04 of the Revised Code are in lieu of all license and inspection fees
on or with respect to the operation or ownership of manufactured home parks,
recreational vehicle parks, combined park-camps, recreation camps, or
temporary park-camps within this state, except that the licensor may charge
additional reasonable fees for the collection and bacteriological examination
of any necessary water samples taken from any such park, camp, or park-camp.
Sec. 4503.06. (A) The owner of each manufactured
or mobile
home that has acquired situs in this state
shall pay either a real
property tax pursuant to
Title LVII of the Revised Code or a
manufactured home tax
pursuant to division (C) of
this section. (B) The owner of a manufactured or
mobile home shall pay
real property taxes if either of the
following applies: (1) The manufactured or mobile home acquired situs in the
state or ownership in the home was transferred on or after
January
1, 2000, and all of the
following apply: (a) The home is affixed to a permanent foundation
as defined
in division (C)(5)
of section 3781.06 of the Revised Code;. (b) The home is located on land that is owned by
the owner
of the home;. (c) The certificate of title has been inactivated by
the
clerk of the court of common pleas that issued it,
pursuant to
division (H) of section 4505.11 of the Revised
Code. (2) The manufactured or mobile home acquired situs in the
state or ownership in the home was transferred before
January 1,
2000, and all of the
following apply: (a) The home is affixed to a permanent foundation
as defined
in division (C)(5)
of section 3781.06 of the Revised Code;. (b) The home is located on land that is owned by
the owner
of the home;. (c) The owner of the home has elected to have the
home taxed
as real property and, pursuant to section 4505.11 of
the Revised
Code, has surrendered the
certificate of title to the
auditor of
the county containing the taxing district in
which the home has
its situs, together with proof that all taxes
have been paid;. (d) The county auditor has placed the
home on the real
property tax list and delivered the certificate
of title to the
clerk of the court of common pleas
that issued it and the clerk
has inactivated the certificate. (C)(1) Any mobile or manufactured home that
is not taxed as
real property as provided in division
(B) of this section is
subject to an annual manufactured home tax, payable by the owner,
for
locating the
home in this state. The tax as levied in this
section is for the purpose of
supplementing the
general revenue
funds of the local subdivisions in which
the home has its situs
pursuant to this section. (2) The year for which the manufactured home tax is
levied
commences on the first day of January and ends on the following
thirty-first day of December.
The state shall have the
first lien
on any manufactured or mobile home on the list for the amount
of
taxes, penalties, and interest charged against the owner of the
home under this section.
The lien of the state for the tax for a
year shall attach on the first day of January to a home that has
acquired
situs on that date. The lien
for a home that has not
acquired situs on the first day of
January, but that acquires
situs during the year, shall attach on the
next first day of
January. The lien shall continue until the tax,
including any
penalty or interest, is paid. (3)(a) The situs of a manufactured or mobile home located in
this state on the first day of
January is the local taxing
district in which the
home is located on that date. (b) The situs of a manufactured or mobile home not located
in
this state on the first day of January, but located in this
state
subsequent to that date, is the local taxing district in
which the home
is located thirty days after it is acquired or
first enters this state. (4) The tax is collected by and paid to the county
treasurer
of the county containing the taxing district in which
the home has
its situs. (D) The manufactured home tax shall be computed and
assessed
by the county
auditor of the county containing the taxing district
in which the
home has its situs as follows: (1) On a home that acquired situs in this state prior to
January
1, 2000;: (a) By multiplying the assessable
value of the home by the
tax
rate of the taxing district in which the home has its
situs,
and deducting from the product thus
obtained any reduction
authorized under section 4503.065 of the
Revised Code. The tax
levied under this
formula shall not be
less than thirty-six
dollars, unless the home qualifies
for a
reduction in assessable
value under section 4503.065 of the
Revised Code, in which case
there shall be no minimum tax and the
tax shall be the amount
calculated under this division. (b) The assessable value of the home shall be
forty per cent
of the amount arrived at by the following
computation: (i) If the cost to the owner, or market value at time of
purchase, whichever is greater, of the home includes
the
furnishings and equipment, such cost or market value shall be
multiplied according to the following schedule:
| For the first calendar year | | | | |
| in which the
| | | | |
| home is owned by the | | | | |
| current owner | | x | | 80% |
| 2nd calendar year | | x | | 75% |
| 3rd " | | x | | 70% |
| 4th " | | x | | 65% |
| 5th " | | x | | 60% |
| 6th " | | x | | 55% |
| 7th " | | x | | 50% |
| 8th " | | x | | 45% |
| 9th " | | x | | 40% |
| 10th and each year thereafter | | x | | 35% |
The first calendar year means any period between the first
day of January and the thirty-first day of December of the first
year. (ii) If the cost to the owner, or market value at the
time
of purchase, whichever is greater, of the home does
not include
the furnishings and equipment, such cost or market
value shall be
multiplied according to the following schedule:
| For the first calendar year | | | | |
| in which the
| | | | |
| home is owned by the | | | | |
| current owner | | x | | 95% |
| 2nd calendar year | | x | | 90% |
| 3rd " | | x | | 85% |
| 4th " | | x | | 80% |
| 5th " | | x | | 75% |
| 6th " | | x | | 70% |
| 7th " | | x | | 65% |
| 8th " | | x | | 60% |
| 9th " | | x | | 55% |
| 10th and each year thereafter | | x | | 50% |
The first calendar year means any period between the first
day of January and the thirty-first day of December of the first
year. (2) On a home in which ownership was transferred or
that
first acquired situs in this state on or after
January 1, 2000: (a) By multiplying the assessable
value of the home
by the
effective tax
rate, as defined in section 323.08 of the
Revised
Code, for residential real
property of the taxing district in
which the home has its
situs, and deducting from the product thus
obtained the
reductions required or authorized under section
319.302,
division (B) of section
323.152, or section 4503.065 of
the
Revised Code. (b) The assessable value of the home shall
be thirty-five
per cent of its true value as
determined under division (L)
of
this section. (3)
On or before the fifteenth day of January each year,
the county
auditor shall record the assessable value and the
amount of
tax on the manufactured or mobile home on the tax list
and deliver
a duplicate of the list to the county
treasurer. In the case of
an emergency as defined in section 323.17 of the Revised Code,
the
tax
commissioner, by journal entry, may extend the times
for
delivery of the duplicate for an additional fifteen days upon
receiving a
written application from
the county auditor regarding
an extension for the delivery of the
duplicate, or from the county
treasurer regarding an extension of
the time for the billing and
collection of taxes. The application
shall contain a statement
describing the emergency that will cause
the unavoidable delay and
must be received by the tax
commissioner on or before the last day
of the month preceding the
day delivery of the duplicate is
otherwise required. When an extension
is granted for delivery of
the duplicate, the time period for payment
of taxes shall be
extended for a like period of time. When a
delay in the closing
of a tax collection period becomes
unavoidable, the tax
commissioner, upon application by the county
auditor and county
treasurer, may order the time for payment of
taxes to be extended
if the tax commissioner determines that
penalties have accrued or
would otherwise accrue for reasons
beyond the control of the
taxpayers of the county. The order
shall prescribe the final
extended date for payment of taxes for
that collection period. (4) After January 1, 1999, the owner of a manufactured or
mobile
home taxed
pursuant to division (D)(1) of
this section may
elect to have the home taxed pursuant to
division (D)(2) of this
section
by filing a written request with the county auditor of the
taxing district in which the home is located on or before the
first day of
December of any year. Upon the filing of the
request, the county
auditor shall determine whether all taxes
levied
under division (D)(1) of this section have been paid, and
if those
taxes have been paid, the county auditor shall tax the
manufactured or
mobile home pursuant to division
(D)(2) of this
section
commencing in the next tax year. (5) A manufactured or
mobile home that acquired situs in
this state prior to
January 1, 2000, shall be taxed
pursuant to
division (D)(2) of
this section if no manufactured home tax had
been paid for the
home and the home was not exempted from taxation
pursuant to
division (E) of this section
for the year for which
the taxes were not paid. (6)(a) Immediately upon receipt of any manufactured home tax
duplicate from the county auditor, but not less than twenty days
prior to the
last date on which the first one-half taxes may be
paid without
penalty as prescribed in division (F) of this
section,
the county treasurer shall cause to be prepared and
mailed
or delivered to each person charged on that duplicate with
taxes,
or to an agent designated by such person, the tax bill
prescribed
by the tax commissioner under division (D)(7) of this
section.
When taxes are paid by installments, the
county
treasurer shall mail or deliver to each person charged on
such
duplicate or the agent designated by that person a second
tax bill
showing the amount due at the time of the second tax
collection.
The second half tax bill shall be mailed or
delivered at least
twenty days prior to the close of the second
half tax collection
period.
A change in the mailing address of any tax bill shall be
made in writing to the county treasurer.
Failure to receive a
bill required by this section does
not excuse failure or delay to
pay any taxes shown on the bill
or, except as provided in division
(B)(1) of section 5715.39 of the
Revised Code, avoid any penalty,
interest, or charge for
such
delay. (b) After delivery of the copy of the delinquent
manufactured
home tax list under division (H) of this section,
the
county
treasurer may prepare and mail to each person in whose name
a home is listed an additional tax bill showing the
total amount
of delinquent taxes charged against the home as
shown on the list.
The tax bill shall include a notice that
the interest charge
prescribed by division (G) of this section
has begun to accrue. (7) Each tax bill prepared and mailed or
delivered under
division (D)(6) of this section
shall be in
the form and contain
the information required by the tax
commissioner. The
commissioner may prescribe different forms for
each county and may
authorize the county auditor to make up tax
bills and tax receipts
to be used by the county treasurer.
The tax bill shall not
contain or be mailed or delivered
with any information or material
that is not required by this
section or that is not authorized by
section 321.45 of the
Revised Code or by the tax commissioner.
In
addition to the information
required by the
commissioner, each
tax
bill shall contain the following information: (a) The taxes levied and the taxes charged and payable
against the manufactured or mobile home; (b) The following notice:
"Notice: If the taxes are not
paid within
sixty days after the county auditor delivers the
delinquent manufactured home
tax list to the county treasurer, you
and your home may be subject to
collection proceedings
for tax
delinquency." Failure to provide such notice
has no effect upon
the validity of any tax judgment to which a
home may be subjected. (c) In the case of manufactured or mobile homes taxed under
division (D)(2) of this section, the following additional
information: (i) The effective tax rate. The words "effective tax
rate"
shall appear in boldface type. (ii) The following notice: "Notice: If the
taxes charged
against this home
have been reduced by the 2-1/2 per cent tax
reduction for
residences occupied by the owner
but the home is not
a residence occupied by the
owner, the owner must notify the
county auditor's office not
later than March 31 of the year
for
which the taxes are due. Failure to do so may result in the
owner
being convicted of a fourth degree misdemeanor, which is
punishable by
imprisonment up to 30 days, a fine up to $250, or
both, and in the
owner having to repay the amount by which the
taxes were
erroneously or illegally reduced, plus any interest
that may apply. If the taxes charged against this home have not been
reduced
by the 2-1/2 per cent tax reduction and the home is
a residence
occupied by the owner, the home may qualify for
the tax reduction.
To obtain an application for the tax reduction or further
information, the
owner may contact the county auditor's office at
.......... (insert the
address and telephone number of the county
auditor's office)." (E)(1) A manufactured or mobile home is not subject to
this
section when any of the following applies: (a) It is taxable as personal property pursuant to
section
5709.01 of the Revised Code. Any manufactured or mobile home
that
is used as a residence shall be
subject to this
section and shall
not be taxable as personal property pursuant to
section 5709.01 of
the Revised Code. (b) It bears a license plate issued by any state other than
this
state unless the home is in this state in excess of an
accumulative period of
thirty days in any calendar year. (c) The annual tax has been paid on the home in this state
for
the current year. (d) The tax commissioner has determined, pursuant to section
5715.27 of the Revised Code, that the property is exempt from
taxation, or
would be exempt from taxation under Chapter 5709. of
the Revised Code if it
were classified as real property. (2) A travel trailer
or park trailer, as these terms are
defined in section 4501.01
of the Revised Code, is not subject to
this section if it is
unused or unoccupied and stored at the
owner's normal place of residence or at a recognized storage
facility. (3) A travel trailer or park trailer, as these terms are
defined
in section 4501.01 of the Revised Code, is subject to this
section and shall
be taxed as a
manufactured or mobile home if it
has a situs longer
than thirty days in one location and is
connected to
existing utilities, unless either
of the following
applies: (a) The situs is in a state facility or a camping or park
area as defined in division (B)(C), (G)(Q), (H)(S),
or (R)(V) of section
3733.01 3729.01 of the Revised Code;. (b) The situs is in a camping or park area that is a
tract
of land that has been limited to recreational use by deed or
zoning restrictions and subdivided for sale of five or more
individual lots for the express or implied purpose of occupancy
by
either self-contained recreational vehicles as defined in
division
(E)(T) of section 3733.01 3729.01 of the Revised Code or by
dependent
recreational vehicles as defined in division (F)(D) of
section
3733.01 3729.01 of the Revised Code. (F) Except as provided in division (D)(3) of this
section,
the manufactured home tax is due and payable as
follows: (1) When a manufactured or mobile home has a situs in this
state, as
provided in this section, on the first day of January,
one-half
of the amount of the tax is due and payable on or before
the
first day of March
and the balance is due and payable on
or
before the thirty-first day of July. At the option of the owner
of the
home, the tax for the entire year may be paid in full on
the
first day of March. (2) When a manufactured or mobile home first acquires a
situs
in this state after the first day of
January, no tax is due
and payable for that year. (G)(1)(a) Except as otherwise provided in division
(G)(1)(b) of this section, if one-half of the current taxes
charged under this
section against a manufactured or mobile home,
together
with the
full
amount of any delinquent taxes, are not paid on
or before the
first day of March in that year, or on or
before the last
day for such payment as extended pursuant to
section 4503.063 of
the Revised Code, a penalty of ten per
cent
shall be charged
against the unpaid balance of such half of the
current taxes. If
the total amount of all such
taxes is not paid
on or before the
thirty-first day of July, next
thereafter, or on
or before the
last day for payment as
extended pursuant to
section 4503.063
of the Revised Code, a
like penalty shall be
charged on the
balance of the total amount of
the unpaid current
taxes. (b) After a valid delinquent tax contract that includes
unpaid current taxes from a first-half collection period described
in division (F) of this section has been entered into under
section 323.31 of the Revised Code, no ten per cent penalty shall
be charged against such taxes after the second-half collection
period while the delinquent tax contract remains in
effect. On the day a delinquent tax contract becomes
void, the ten per cent penalty shall be charged against such taxes
and shall equal the amount of penalty that would have been charged
against unpaid current taxes outstanding on the date on which the
second-half penalty would have been charged thereon under division
(G)(1)(a) of this section if the contract had not been in effect. (2)(a) On the first day of the month following the last
day
the second installment of taxes may be paid without penalty
beginning
in 2000,
interest shall be charged against and computed
on all delinquent
taxes other than the current taxes that became
delinquent taxes
at the close of the last day such second
installment could be
paid without penalty. The charge shall be
for interest that
accrued during the period that began on the
preceding first day
of December and ended on the last day of the
month that included
the last date such second installment could be
paid without
penalty. The interest shall be computed at the rate
per annum
prescribed by section 5703.47 of the Revised Code and
shall be
entered as a separate item on the delinquent manufactured
home tax list
compiled under division (H) of this section. (b) On the first day of December beginning in 2000, the
interest shall be
charged against and computed on all delinquent
taxes. The charge
shall be for interest that accrued during the
period that began
on the first day of the month following the last
date prescribed
for the payment of the second installment of taxes
in the current
year and ended on the immediately preceding last
day of November. The interest shall be computed at the rate
per
annum prescribed
by section 5703.47 of the Revised Code and shall
be entered
as a separate item on the delinquent manufactured home
tax list. (c) After a valid undertaking has been entered into for
the
payment of any delinquent taxes, no interest shall be charged
against such delinquent taxes while the undertaking remains in
effect in compliance with section 323.31 of the Revised Code. If
a valid undertaking becomes void, interest shall be charged
against the delinquent taxes for the periods that interest was
not
permitted to be charged while the undertaking was in effect.
The
interest shall be charged on the day the undertaking becomes
void
and shall equal the amount of interest that would have been
charged against the unpaid delinquent taxes outstanding on the
dates on which interest would have been charged thereon under
divisions (G)(1) and (2) of this section had the undertaking not
been in effect. (3) If the full amount of the taxes due at either of the
times prescribed by division (F) of this section is paid within
ten days after such time, the county treasurer shall waive the
collection of and the county auditor shall remit one-half of the
penalty provided for in this division for failure to make that
payment by the prescribed time. (4) The treasurer shall compile and deliver to the county
auditor a list of all tax payments the treasurer has received
as
provided in
division (G)(3) of this section. The list shall
include any
information required by the auditor for the remission
of the
penalties waived by the treasurer. The taxes so collected
shall
be included in the settlement next succeeding the settlement
then
in process. (H)(1) Beginning in 2000, the county auditor shall compile
annually a
"delinquent manufactured home tax list" consisting of
homes
the county treasurer's records indicate have taxes that were
not
paid within the time prescribed by divisions
(D)(3) and (F)
of
this section, have taxes that remain unpaid
from prior years,
or
have unpaid tax penalties or interest that have been assessed. (2) Within thirty days after the settlement under
division
(H)(2) of section 321.24 of the Revised Code beginning in
2000,
the county
auditor shall deliver a copy of the delinquent
manufactured home
tax list to the county treasurer. The auditor
shall update and publish
the
delinquent manufactured home tax list
annually in the same manner as
delinquent real property tax lists
are published.
The county auditor shall
apportion the cost of
publishing the list among taxing districts in
proportion to the
amount of delinquent manufactured home taxes so
published that
each taxing district is entitled to receive upon
collection of
those taxes. (3) When taxes, penalties, or interest
are
charged
against a
person on the delinquent manufactured home tax list
and
are not paid within sixty days after the list is delivered to
the
county treasurer, the county treasurer shall, in addition
to any
other remedy provided by law for the collection of taxes,
penalties, and interest, enforce collection of
such taxes,
penalties, and interest by civil action in the name of the
treasurer against the owner for
the recovery of the unpaid taxes
following the procedures for the recovery
of delinquent real
property taxes in sections 323.25 to 323.28
of the Revised Code.
The action may be brought in municipal or county court,
provided
the amount
charged does not exceed the monetary
limitations for
original jurisdiction for civil actions in those
courts. It is sufficient, having made proper parties to the suit,
for
the county treasurer to allege in the treasurer's bill of
particulars or
petition that the taxes stand chargeable on the books of the
county treasurer against such person, that they are due and
unpaid, and that such person is indebted in the amount of taxes
appearing to be due the county. The treasurer need not set forth
any other matter relating thereto. If
it is found on the trial of
the action that the person
is indebted to the state, judgment
shall be rendered in favor of
the county treasurer prosecuting the
action. The judgment debtor is
not entitled to the benefit of any
law for stay of execution or
exemption of property from levy or
sale on execution in the
enforcement of the judgment. Upon the filing of an entry of confirmation of sale or an
order of forfeiture in a proceeding brought under this division,
title to the manufactured or mobile home shall be in the
purchaser. The clerk of courts shall issue a certificate of title
to the purchaser upon presentation of proof of filing of the entry
of confirmation or order and, in the case of a forfeiture,
presentation of the county auditor's certificate of sale. (I) The total amount of taxes collected shall be
distributed
in the following manner:
four per cent shall be allowed as
compensation to the county
auditor for the county auditor's
service in assessing the
taxes; two per cent
shall be allowed as
compensation to the county treasurer for the
services the county
treasurer renders as a result of the tax
levied by this
section.
Such amounts shall be paid into the county treasury, to
the credit
of the county general revenue fund,
on the warrant of the county
auditor. Fees to be paid to the credit of the real estate
assessment fund
shall be collected pursuant to division (B) of
section 319.54 of the Revised
Code and paid into the county
treasury, on the warrant of the county
auditor. The balance of
the taxes collected shall be distributed
among the taxing
subdivisions of the county in which the taxes
are collected and
paid in the same ratio as those taxes were
collected for the
benefit of the taxing subdivision. The taxes levied
and revenues
collected
under this section shall be in lieu of any general
property tax
and any tax levied with respect to the privilege of
using or
occupying a manufactured or mobile home in Ohio this state except as
provided in
sections 4503.04 and 5741.02 of the Revised Code. (J) An agreement to purchase or a bill of sale for a
manufactured home shall show whether or not the furnishings and
equipment are included in the purchase price. (K) If the county treasurer and the county prosecuting
attorney agree that an item charged on the delinquent
manufactured
home tax list is uncollectible, they shall certify
that
determination and the reasons to the county board of
revision. If
the board determines the amount is uncollectible,
it shall certify
its determination to the county auditor, who
shall strike the item
from the list. (L)(1) The county
auditor shall appraise at its true value
any manufactured or mobile home in
which ownership is transferred
or which first acquires situs in this state on
or after January 1,
2000, and any manufactured or mobile home the
owner of which has
elected, under division (D)(4) of this section, to have the home
taxed under division (D)(2) of this section. The true value
shall
include the
value of the home, any additions, and any fixtures,
but not any
furnishings in the home. In determining the true
value of a
manufactured or mobile home, the auditor shall consider
all
facts and circumstances relating to the value of the home,
including its age, its capacity to function as a residence, any
obsolete characteristics, and other factors that may tend to prove
its true value. (2)(a) If a manufactured or mobile home has been
the subject
of an arm's length sale between a willing seller and
a willing
buyer within a reasonable length of time prior to the
determination of true value, the county auditor shall consider the sale
price of the home to be the true value for taxation purposes. (b) The sale price in an arm's length transaction
between a
willing seller and a willing buyer shall not be
considered the
true value of the home if either of the following
occurred after
the sale: (i) The home has lost value due to a casualty;. (ii) An addition or fixture has been added to the home. (3) The county auditor shall have each home viewed and appraised
at
least once in each six-year period in the same year in which real
property in the county is appraised pursuant to Chapter 5713. of
the Revised Code,
and shall update the appraised values in the
third calendar year following the
appraisal. The person viewing
or
appraising a home may enter the home to determine by actual
view
any additions or fixtures that have been added since the last
appraisal. In conducting the appraisals and establishing the
true
value, the auditor shall follow the procedures set forth
for
appraising real property in sections 5713.01 and 5713.03 of the
Revised
Code. (4) The county auditor shall place the true value of each home
on
the manufactured home tax list upon completion of an
appraisal. (5)(a) If the county auditor changes the true value of a
home, the
auditor shall notify the owner of the home in writing,
delivered
by mail or in person. The notice shall be given at
least thirty
days prior to the issuance of any tax bill that
reflects the
change. Failure to receive the notice
does not invalidate any
proceeding under this section. (b) Any owner of a home or any other person or party listed
in
division (A)(1) of section 5715.19 of the Revised Code may file
a complaint
against the true
value of the home
as appraised under
this section. The complaint shall be
filed with the
county
auditor on or before the thirty-first day of
March
of
the
current
tax year
or the
date of closing of the collection for
the
first
half of manufactured home taxes for the current tax
year,
whichever is later. The auditor shall present to the county
board
of revision all complaints filed with the auditor under this
section. The board shall
hear and
investigate the
complaint and
may take action on it as
provided
under sections
5715.11 to
5715.19 of the
Revised Code. (c) If the county board of revision determines, pursuant to
a
complaint against the valuation of a manufactured or mobile home
filed under this section, that the amount of taxes, assessments,
or other charges paid was in excess of the amount due
based on the
valuation as finally determined, then the
overpayment shall be
refunded in the manner prescribed in
section 5715.22 of the
Revised Code. (d) Payment of all or part of a tax under this
section for
any year for which a complaint is pending before the
county board
of revision does not abate the complaint or in any
way affect the
hearing and determination thereof. (M) If the county auditor determines that any tax
or other charge or any part thereof has been
erroneously
charged as a result of a clerical error as defined in
section
319.35 of the Revised Code, the county
auditor shall call the attention of the county
board of revision
to the erroneous charges. If the board finds that the taxes or
other charges have been erroneously charged or collected, it shall
certify the finding to the auditor. Upon receipt of the
certification, the auditor shall remove the erroneous charges
on
the
manufactured home tax list or delinquent manufactured home tax
list
in the same manner as is prescribed in section 319.35 of the
Revised Code for erroneous charges against real property,
and
refund any erroneous charges that have been collected,
with
interest, in the same manner as is prescribed in section
319.36 of
the
Revised Code for erroneous charges against real
property. (N) As used in this section and section 4503.061 of the
Revised Code: (1) "Manufactured home taxes" includes taxes, penalties, and
interest charged under division (C) or (G) of this section
and any
penalties charged under division (G) or (H)(5) of
section 4503.061
of the Revised Code. (2) "Current taxes" means all manufactured home taxes
charged
against a manufactured or mobile home that have not
appeared on the
manufactured home tax list for any prior year.
Current taxes become
delinquent taxes if they remain unpaid after
the last day
prescribed for payment of the second installment of
current taxes
without penalty, whether or not they have been
certified
delinquent. (3) "Delinquent taxes" means: (a) Any manufactured home taxes that were charged against a
manufactured or mobile home for a prior year, including any
penalties or
interest charged for a prior year, and that remain
unpaid; (b) Any current manufactured home taxes charged against a
manufactured or mobile home that remain unpaid after the last day
prescribed for payment of the second installment of current taxes
without penalty, whether or not they have been certified
delinquent, including any penalties or interest.
Sec. 4736.01. As used in this chapter: (A) "Environmental health science" means the aspect of
public health science that includes, but is not limited to, the
following bodies of knowledge: air quality, food quality and
protection, hazardous and toxic substances, consumer product
safety, housing, institutional health and safety, community noise
control, radiation protection, recreational facilities, solid and
liquid waste management, vector control, drinking water quality,
milk sanitation, and rabies control. (B) "Sanitarian" means a person who performs for
compensation educational, investigational, technical, or
administrative duties requiring specialized knowledge and skills
in the field of environmental health science. (C) "Registered sanitarian" means a person who is
registered
as a sanitarian in accordance with Chapter 4736. of
the Revised
Code this chapter. (D) "Sanitarian-in-training" means a person who is
registered as a sanitarian-in-training in accordance with Chapter
4736. of the Revised Code this chapter. (E) "Practice of environmental health" means consultation,
instruction, investigation, inspection, or evaluation by an
employee of a city health district, a general health district,
the
Ohio environmental protection agency, the department of
health, or
the department of agriculture requiring specialized
knowledge,
training, and experience in the field of environmental
health
science, with the primary purpose of improving or
conducting
administration or enforcement under any of the
following: (1) Chapter 911., 913., 917., 3717., 3721., 3729., or
3733. of the
Revised Code; (2) Chapter 3734. of the Revised Code as it pertains to
solid waste; (3) Section 955.26, 3701.344, 3707.01, or 3707.03,
sections
3707.38 to 3707.99, or section 3715.21
of the Revised
Code; (4) Rules adopted under section 3701.34 of the Revised
Code
pertaining to home sewage, rabies control, or swimming
pools. "Practice of environmental health" does not include
sampling,
testing, controlling of vectors, reporting of
observations, or
other duties that do not require application of
specialized
knowledge and skills in environmental health science
performed
under the supervision of a registered sanitarian. The state board of sanitarian registration may further
define
environmental health science in relation to specific
functions in
the practice of environmental health through rules
adopted by the
board under Chapter 119. of the Revised Code.
Sec. 5321.01. As used in this chapter: (A) "Tenant" means a person entitled under a rental
agreement to the use and occupancy of residential premises to the
exclusion of others. (B) "Landlord" means the owner, lessor, or sublessor of
residential premises, the agent of the owner, lessor, or
sublessor, or any person authorized by the owner, lessor, or
sublessor
to manage the premises or to receive rent from a tenant
under a
rental agreement. (C) "Residential premises" means a dwelling unit for
residential use and occupancy and the structure of which it is a
part, the facilities and appurtenances in it, and the grounds,
areas, and facilities for the use of tenants generally or the use
of which is promised the tenant. "Residential premises" includes
a dwelling
unit that is owned or operated by a college or
university. "Residential
premises" does not
include any of the
following: (1) Prisons, jails, workhouses, and other places of
incarceration or correction, including, but not limited to,
halfway houses or residential arrangements that are used or
occupied as a requirement of a community control sanction, a post-release control sanction, or parole; (2) Hospitals and similar institutions with the primary
purpose of providing medical services, and homes licensed
pursuant
to Chapter 3721. of the Revised Code; (3) Tourist homes, hotels, motels,
recreational vehicle
parks, recreation camps, combined park-camps, temporary
park-camps, and other similar
facilities where circumstances
indicate a transient occupancy; (4) Elementary and secondary boarding schools, where the
cost of room and
board is
included as part of the cost of tuition; (5) Orphanages and similar institutions; (6) Farm residences furnished in connection with the
rental
of land of a minimum of two acres for production of
agricultural
products by one or more of the occupants; (7) Dwelling units subject to sections 3733.41 to 3733.49
of
the Revised Code; (8) Occupancy by an owner of a condominium unit; (9) Occupancy in a facility licensed as an SRO facility
pursuant
to Chapter 3731. of the Revised Code, if the facility is
owned
or operated by an organization that is exempt from taxation
under
section 501(c)(3) of the
"Internal
Revenue Code
of 1986,"
100 Stat. 2085, 26
U.S.C.A.
501, as amended, or by an entity or
group of entities in which such an
organization has a controlling
interest, and if either of the following
applies: (a) The occupancy is for a period of less than sixty
days;. (b) The occupancy is for participation in a program operated
by
the facility, or by a public entity or private charitable
organization
pursuant
to a contract with the facility, to provide
either of the following: (i) Services licensed, certified, registered, or approved by
a
governmental agency or private accrediting organization for the
rehabilitation of mentally ill persons, developmentally
disabled
persons, adults or juveniles convicted of criminal offenses, or
persons suffering from substance abuse; (ii) Shelter for juvenile runaways, victims of domestic
violence,
or homeless persons. (10) Emergency shelters operated by organizations exempt
from federal
income taxation under section 501(c)(3) of the
"Internal
Revenue Code
of 1986," 100 Stat. 2085, 26
U.S.C.A.
501,
as amended, for persons whose circumstances indicate a transient
occupancy, including homeless people, victims of domestic
violence, and
juvenile runaways. (D) "Rental agreement" means any agreement or lease,
written
or oral, which establishes or modifies the terms,
conditions,
rules, or any other provisions concerning the use and
occupancy of
residential premises by one of the parties. (E) "Security deposit" means any deposit of money or
property to secure performance by the tenant under a rental
agreement. (F) "Dwelling unit" means a structure or the part of a
structure that is used as a home, residence, or sleeping place by
one person who maintains a household or by two or more persons
who
maintain a common household. (G) "Controlled substance" has the same meaning as in
section 3719.01 of the Revised Code. (H) "Student tenant" means a person who occupies a dwelling
unit owned or
operated by the college or university at which the
person is
a student, and who has a
rental agreement that is
contingent upon the person's status
as a student.
(I) "Recreational vehicle park," "recreation camp," "combined
park-camp," and "temporary park-camp" have the same meanings as in
section 3733.01 3729.01 of the Revised Code. (J)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code. (K)
"Post-release control sanction" has the same meaning as
in
section 2967.01 of the Revised Code. (L) "School premises" has the same meaning as in section
2925.01 of the Revised Code. (M) "Sexually oriented offense" and "child-victim oriented offense" have the same meanings as in
section 2950.01 of the Revised Code.
Sec. 6111.46. (A) The environmental protection agency shall
exercise general supervision of the treatment and
disposal of sewage and
industrial wastes and the operation and maintenance of works or
means installed for the collection, treatment,
and disposal of
sewage and industrial wastes. Such general supervision shall
apply to all features of construction, operation, and maintenance
of the works or means that do or may
affect the proper
treatment and disposal of sewage and
industrial
wastes. The (B)(1) The
agency shall investigate the works or means employed in the
collection, treatment, and disposal of sewage and
industrial
wastes whenever considered necessary or
whenever
requested to do so
by local health officials, and may adopt issue and enforce orders and
shall adopt rules governing the operation and maintenance of
the works or means of treatment and
disposal of such sewage and industrial wastes, and. In adopting rules under this section, the agency shall establish standards governing the construction, operation, and maintenance of the works or means of collection, treatment, and disposal of sewage that is generated at recreational vehicle parks, recreation camps, combined park-camps, and temporary park-camps that are separate from such standards relative to manufactured home parks. (2) As used in division (B)(1) of this section:
(a) "Manufactured home parks" has the same meaning as in section 3733.01 of the Revised Code.
(b) "Recreational vehicle parks," "recreation camps," "combined park-camps," and "temporary park-camps" have the same meanings as in section 3729.01 of the Revised Code.
(C) The agency may require the
submission of
records and data of
construction, operation, and maintenance, including plans and
descriptions of existing works or means of treatment and
disposal of such sewage and industrial wastes. When the
agency requires
the submission of
such records or information, the public officials or person,
firm, or corporation having the works in charge shall
comply promptly with that order.
SECTION 2. That existing sections 1901.184, 1907.032, 1923.01, 3701.83, 3709.085, 3709.09, 3733.01, 3733.02, 3733.021, 3733.023, 3733.03, 3733.031, 3733.04, 3733.05, 3733.06, 3733.07, 3733.081, 3733.082, 4503.06, 4736.01, 5321.01, and 6111.46 of the Revised Code are hereby repealed.
SECTION 3. Licenses that were issued for recreational vehicle parks, recreation camps, combined park-camps, and temporary park-camps under Chapter 3733. of the Revised Code, as it existed prior to its amendment by this act, remain in effect until their expiration, at which time they shall be renewed in accordance with Chapter 3729. of the Revised Code, as enacted by this act.
SECTION 4. Section 3709.085 of the Revised Code is
presented in this act
as a composite of the section as amended by
Am. Sub. H.B. 197 and S.B. 198, both of the 123rd General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
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