130th Ohio General Assembly
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Sub. H. B. No. 150  As Reported by the House Commerce and Labor Committee
As Reported by the House Commerce and Labor Committee

126th General Assembly
Regular Session
2005-2006
Sub. H. B. No. 150


Representatives Gibbs, McGregor, J., Ujvagi, Evans, C., Kearns, Williams, Hagan, Reidelbach, Collier, Distel, Miller, Cassell, Schaffer 



A BILL
To amend sections 4737.10 and 4737.99 of the Revised Code to require a junk yard owner's license to be suspended if the owner fails to make required changes or improvements to the owner's junk yard, to restrict the junk yard owner's activities during the suspension, and to increase the tax that may be imposed on an owner who does not make the required changes or improvements.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4737.10 and 4737.99 of the Revised Code be amended to read as follows:
Sec. 4737.10. (A) Before a license is granted or renewed under sections 4737.05 to 4737.12 of the Revised Code, the sheriff of each county, or, if the sheriff so designates, a township policeman police officer or constable, and the chief of police of each municipal corporation shall inspect the junk yard within his the sheriff's, police officer's, constable's, or chief's respective jurisdiction to determine if it complies with sections 4737.05 to 4737.12 of the Revised Code. The sheriff, or a township policeman police officer or constable, or chief of police shall submit a written report of such examination to the county auditor of the county or the village solicitor or city director of law of the municipal corporation wherein such junk yard is located.
(B) In addition, twice annually the sheriff of each county, or, if the sheriff so designates, a township policeman police officer or constable, and the chief of police of each municipal corporation shall inspect every junk yard that is located within his the sheriff's, police officer's, constable's, or chief's jurisdiction and for which a license has been issued under sections 4737.05 to 4737.12 of the Revised Code, to obtain information with regard to whether the licensee's activity has been and is being conducted in accordance with sections 4737.01 to 4737.12 of the Revised Code. The sheriff, township policeman police officer or constable, or the chief of police shall submit a written report of each such examination to the county auditor of the county or the village solicitor or city director of law of the municipal corporation wherein such junk yard is located.
The sheriff, township policeman police officer or constable, or the chief of police shall, for the purpose of these examinations, have free access to the grounds and buildings used or proposed for use in the conduct of the junk yard activity by the applicant or the licensee.
Such inspections may be made at any time, at the option of the sheriff, township policeman police officer or constable, or the chief of police during the regular work hours of the licensee or within the hours of eight a.m. and five p.m. Monday through Friday.
The director of transportation may also inspect junk yards adjacent to state highways to obtain information with regard to whether the licensee's activity is being conducted in accordance with sections 4737.01 to 4737.12 of the Revised Code. If such inspection indicates that there is a violation of any of the provisions of such sections the director shall advise the attorney general of such alleged violations and request him the attorney general to take proper legal action.
(C) Whenever it is determined upon any semiannual inspection made under this section that a junk yard is not being conducted in accordance with the requirements of sections 4737.01 to 4737.12 of the Revised Code, the sheriff of the county, township policeman police officer or constable, or the chief of police of the municipal corporation within whose jurisdiction the junk yard is located, shall immediately notify the owner of the junk yard of such fact. The notice shall be sent to the owner by registered mail, and shall detail the areas which are not in conformity with the requirements of sections 4737.01 to 4737.12 of the Revised Code. A copy of the notice shall also be sent to the auditor of the county, or the village solicitor or city director of law of the municipal corporation within which the junk yard is located.
(D) Any owner of a junk yard who receives a notice as provided in this section shall, within sixty days after the mailing of the notice, undertake and complete such changes or improvements as are necessary to conform the junk yard to the requirements of sections 4737.01 to 4737.12 of the Revised Code. At the expiration of the sixty-day period, the sheriff, township policeman police officer or constable, or the chief of police shall make a further inspection of the junk yard, and if the required changes or improvements have not been made, the chief executive officer of the municipality or the county auditor of the county in which the licensee's junk yard is located shall suspend the owner's license for ninety days. While the owner's license is suspended, the owner shall undertake and complete such changes or improvements necessary to conform the junk yard to the requirements of sections 4737.01 to 4737.12 of the Revised Code. The owner may sell junk while the owner's license is suspended.
(E) No licensee may accept junk for future resale during the ninety days in which the licensee's license is suspended under division (D) of this section.
(F) At the expiration of a ninety-day suspension, the sheriff, township police officer or constable, or the chief of police shall make a further inspection of the junk yard. If the owner has not made the required changes or improvements, the sheriff, township police officer or constable, or chief of police shall notify the chief executive officer of the municipality or the county auditor of the county in which the licensee's junk yard is located. The chief executive officer of the municipality or the county auditor then shall revoke the owner's license in accordance with the procedures specified in section 4737.07 of the Revised Code. In addition to having the licensee's license revoked, the owner of the junk yard shall be subject to a tax of twenty one hundred dollars for each day after revocation that the violation continues.
The sheriff, township policeman police officer or constable, or the chief of police shall certify a return of the imposition of said tax thereon to the county auditor, who shall enter the same as a tax upon the property and against the persons upon which or whom the lien was imposed as and when other taxes are entered. The provisions of the laws relating to the collection of taxes in this state, the delinquency thereof, and sale of property for taxes shall govern in the collection of the tax prescribed in this section insofar as the same are applicable.
Sec. 4737.99.  (A) Whoever Except as specified in division (B) of this section, whoever violates sections 4737.01 to 4737.11, inclusive, of the Revised Code, shall be fined not less than twenty-five nor more than one thousand dollars and the costs of prosecution.
(B) Whoever violates division (E) of section 4737.10 of the Revised Code is guilty of a misdemeanor of the fourth degree.
Section 2. That existing sections 4737.10 and 4737.99 of the Revised Code are hereby repealed.
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