To enact sections 3318.81, 3318.811, 3318.812, and 3318.813 of the Revised Code to eradicate nuisance properties from around schools.

Section 1.  That sections 3318.81, 3318.811, 3318.812, and 3318.813 of the Revised Code be enacted to read as follows:

Sec. 3318.81. The board of education of a school district, the governing board of a science, technology, engineering, and mathematics school, the governing authority of a community school, or the authority in charge of a nonpublic school has a cause of action if a residence or other building contiguous to, or situated within one thousand feet of, a school under the control of the board of education, governing board, governing authority, or authority is abandoned and constitutes a nuisance detrimental to the mission of the school. The court of common pleas of the county in which the residence or other building is situated has original jurisdiction of the action. The action is a civil action in rem, and shall proceed in accordance with the Rules of Civil Procedure except as otherwise provided in sections 3318.811 and 3318.812 of the Revised Code.

Sec. 3318.811. An action under section 3318.81 of the Revised Code proceeds as follows, subject to section 3318.812 of the Revised Code:

(A) Before commencing the action, the board of education, governing board, governing authority, or authority shall search the relevant land, probate, tax, judicial, and other records to identify any governmental entity or person having or claiming an interest in the residence or other building. A governmental entity or person thus identified, and any other person outside the record claiming an interest in the residence or other building, is entitled to intervene in the action. The board of education, governing board, governing authority, or authority shall notify the governmental entities or persons thus identified in writing, by certified mail, return receipt requested, of its intention to commence the action with regard to the residence or other building, of the effect a judgment in the action will have, of the rights under section 3318.812 of the Revised Code, of the liability under section 3318.813 of the Revised Code, and of the right to intervene in the action. If the notice is not delivered and is returned, the board of education, governing board, governing authority, or authority shall notify the governmental entity or person by ordinary mail. In addition to mailed notice, the board of education, governing board, governing authority, or authority shall publish notice of the same information as is in the mailed notice in a newspaper of general circulation in the county in which the residence or other building is situated, once a week for three consecutive weeks, on three different days of the week. The board of education, governing board, governing authority, or authority may not commence the action earlier than thirty days after the search was completed, the last notice was mailed, or publication is complete, whichever occurs latest.

(B) In its complaint, the board of education, governing board, governing authority, or authority shall allege facts tending to show that the residence or other building is contiguous to, or is situated within one thousand feet of, a school under the control of the board of education, governing board, governing authority, or authority; that the residence or other building is abandoned; that the residence or other building constitutes a nuisance detrimental to the mission of the school; that the board of education, governing board, governing authority, or authority searched the relevant records to identify persons having or claiming an interest in the residence or other building; that the board of education, governing board, governing authority, or authority notified any persons thus identified as provided in division (A) of this section; that the board of education, governing board, governing authority, or authority published notice as provided in that division; and that the action is being commenced after expiration of the time prescribed in that division.

(C) The court, not earlier than thirty nor later than ninety days after the action is commenced, shall conduct a hearing in the action. At the hearing the board of education, governing board, governing authority, or authority has the burden of proving the facts alleged in the complaint by a preponderance of the evidence.

(D) Not later than thirty days after conclusion of the hearing, the court shall determine whether the facts alleged in the complaint have been proved. If the facts alleged in the complaint have not been proved, the court shall enter judgment dismissing the action. If the facts alleged in the complaint have been proved, the court shall enter judgment granting the board of education, governing board, governing authority, or authority the relief to which it is entitled, which may include authorization to repair or demolish the residence or other building. The board of education, governing board, governing authority, or authority, and its officers, employees, agents, and students, are immune from civil and criminal liability for any action taken within the scope of the authority granted by the judgment. A judgment authorizing demolition forecloses any interest, other than federal liens, in the residence or other building. And a judgment in favor of the board of education, governing board, governing authority, or authority creates liability in accordance with section 3318.813 of the Revised Code.

(E) The judgment may be appealed in the same manner as the judgment in any other civil action may be appealed. If the judgment authorizes the residence or other building to be demolished, and the judgment is appealed, the court shall stay effectuation of the judgment insofar as it authorizes demolition, pending outcome of the appeal.

Sec. 3318.812. (A) Before the entry of judgment in an action under section 3318.81 of the Revised Code, a party to the action or any other person may undertake lawfully to occupy and repair, or undertake lawfully to repair or demolish, the residence or other building. The party or other person shall promptly notify the court and each party (or each other party) to the action of the undertaking in writing.

(B)(1) If the notice is received before the hearing, the court shall stay further proceedings in the action, pending completion of the repair or demolition. If the notice is received during or after the hearing but before the entry of judgment, the court shall delay the entry of judgment, pending completion of the repair or demolition. If the court finds, upon motion by the board of education, governing board, governing authority, or authority, and after a hearing, that the repair or demolition is not being prosecuted with reasonable diligence, or that it has been abandoned, the action shall proceed or judgment shall be entered. If the court finds, upon motion by the board of education, governing board, governing authority, or authority or any person, and after a hearing, that the repair or demolition has been completed in a satisfactory, workerlike manner, the court shall enter judgment dismissing the action.

(2) If the notice is received after the entry of judgment, it is void, and the judgment shall be given effect. Upon motion of the board of education, governing board, governing authority, or authority, and after a hearing, the court may open the judgment and modify it as necessary to ensure it can be given effect.

Sec. 3318.813. If the judgment in an action under section 3318.81 of the Revised Code is in favor of the board of education, governing board, governing authority, or authority, and, if an appeal is taken, the judgment is upheld, the owner of the residence or other building is liable to the board of education, governing board, governing authority, or authority for the expenses it incurred in bringing and prosecuting the action, including costs and reasonable attorney's fees, and for the expenses it incurred in effectuating the judgment. The court, upon application of the board of education, governing board, governing authority, or authority, and after a hearing, may issue a finding determining the amount of the liability and order the amount to be paid.