The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
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 |
| |
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.
|