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(127th General Assembly)
(Amended Substitute House Bill Number 359)
AN ACT
To amend section 321.261 of the Revised
Code to
authorize the prosecutor
and treasurer
of a
county with a population
greater than
100,000 to
utilize
surplus delinquent tax
collections to
facilitate
nuisance abatement of
deteriorated
residential
buildings in
foreclosure and to
prosecute criminal and civil
real estate
transaction-related violations of the
law.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That section 321.261 of the Revised
Code be
amended
to read as follows:
Sec. 321.261. (A) Five per cent of all delinquent real
property, personal property, and manufactured and mobile home
taxes and
assessments collected by the county treasurer shall be
deposited
in the delinquent tax and assessment collection fund,
which shall
be created in the county treasury. The Except as
otherwise provided in division (B) of this section, the moneys in
the fund,
one-half of which shall be appropriated by the board of
county
commissioners to the treasurer and one-half of which shall
be
appropriated to the county prosecuting attorney, shall be used
solely in connection with the collection of delinquent real
property, personal property, and manufactured and mobile home
taxes and
assessments.
Annually by the first day of December, the treasurer and
the
prosecuting attorney each shall submit a report to the board
regarding the use of the moneys appropriated to their respective
offices from the delinquent tax and assessment collection fund.
Each report shall specify the amount appropriated to the office
during the current calendar year, an estimate of the amount so
appropriated that will be expended by the end of the year, a
summary of how the amount appropriated has been expended in
connection with delinquent tax collection activities, and an
estimate of the amount that will be credited to the fund during
the ensuing calendar year.
(B) In a county having a population of more than one hundred
thousand according to the department of development's 2006 census
estimate, if the county treasurer or prosecuting attorney
determines that the amount appropriated to the office from the
county's delinquent tax and
assessment collection fund under
division (A) of this section exceeds the amount required to be
used as prescribed by that division, the
county treasurer or
prosecuting attorney may expend the excess to assist townships or
municipal
corporations
located in the county as provided in this
division, provided that the combined amount so expended each year
in a county shall not exceed three million dollars.
Upon
application
for the funds by a township or municipal
corporation, the county treasurer and prosecuting attorney may
assist the township or municipal corporation in abating
foreclosed residential nuisances, including
paying the costs
of
securing such
buildings, lot maintenance, and
demolition. At the
prosecuting attorney's
discretion, the prosecuting attorney also
may apply
the funds to costs of
prosecuting
alleged
violations
of criminal and
civil
laws governing real
estate and
related
transactions,
including
fraud and abuse.
SECTION 2. That existing section 321.261 of the
Revised Code
are hereby repealed.
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