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(127th General Assembly)
(House Bill Number 50)
AN ACT
To amend sections 505.85 and 505.87 and to enact
section 505.871 of the Revised Code to allow
townships to remove junk motor vehicles from
public and private property and to borrow money to
pay for that removal of junk motor vehicles and
for other debris from private property.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 505.85 and 505.87 be amended and
section 505.871 of the Revised Code be enacted to read as follows:
Sec. 505.85. A board of township trustees may contract with
a motor vehicle
salvage dealer, as defined in section 4738.01 of
the Revised Code, or a scrap
metal processing facility, as defined
in section 4737.05 of the Revised Code,
for the removal or
disposal of motor vehicles pursuant to section 505.173 or 505.871
or sections
4513.60 to 4513.64 of the Revised Code, and a board
may contract with a storage
facility or other similar facility for
the storage or impoundment of motor
vehicles pursuant to section
505.173 or sections 4513.60 to 4513.64 of the
Revised Code.
Sec. 505.87. (A) A board of township trustees may provide
for
the abatement, control, or removal of vegetation, garbage,
refuse,
and other debris from land in the township, if the board
determines that the owner's maintenance of such that vegetation,
garbage, refuse, and or other debris constitutes a nuisance.
(B) At least seven days
before providing for the
abatement,
control, or removal of any vegetation, garbage,
refuse,
or debris,
the board of township trustees shall notify
the owner
of the land
and any holders of liens of record upon the
land that:
(1) The owner is ordered to abate, control, or remove the
vegetation, garbage, refuse, or other debris, the owner's
maintenance of which has been determined by the board to be a
nuisance;
(2) If such that vegetation, garbage, refuse, or other debris
is
not
abated, controlled, or removed, or if provision for its
abatement,
control, or removal is not made, within seven days,
the
board
shall provide for the abatement, control, or removal,
and
any
expenses incurred by the board in performing that task
shall
be entered upon the tax duplicate and
become a lien upon
the land
from the date of entry.
The board shall send the notice to the owner
of the land
by
certified mail if the owner is a resident of the
township or is a
nonresident whose address is known, and
by
certified mail to
lienholders of record; alternatively, if the
owner is a resident
of the township or is a nonresident whose
address is known, the
board may give notice to the owner by
causing any of its agents or
employees to post the notice on the
principal structure on the
land and to photograph that posted
notice with a camera capable of
recording the date of the
photograph on it. If the owner's
address
is unknown and
cannot
reasonably be obtained, it is
sufficient to
publish the
notice
once in a newspaper of general
circulation in
the
township.
The
owner of the land or holders of
liens of record
upon the land
may
enter into an agreement with the
board of
township trustees
providing for either party to the
agreement to
perform the
abatement, control, or removal
before the time the
board
is required to provide for the
abatement, control, or
removal
under division (C) of this section.
(C) If, within seven days after notice is given, the owner
of
the land fails to abate, control, or remove the vegetation,
garbage, refuse, or other debris, or no agreement for its
abatement,
control, or removal is entered into under division (B)
of this
section, the board of township trustees shall provide for
the
abatement, control, or removal and may employ the necessary
labor,
materials, and equipment to perform the task. All
expenses
incurred shall, when approved by the board, shall be paid out
of
the
township general fund from moneys not otherwise
appropriated,
except that if the expenses incurred exceed five hundred dollars,
the board may borrow moneys from a financial institution to pay
for the expenses in whole or in part.
(D) The board of township trustees shall make a written
report to the county auditor of the board's action under this
section. The board shall include in the report a proper
description of the premises and a statement of
all
expenses
incurred in providing for the abatement, control, or
removal of
any vegetation, garbage, refuse, or other debris, as
provided
in
division (C) of this section, including the board's
charges for
its services, notification the costs incurred in providing notice,
any fees or interest paid to borrow moneys, and the amount paid
for the
labor,
materials, and equipment, and a proper description
of the
premises. The expenses incurred, when allowed, shall be
entered
upon the tax duplicate, are a lien upon the land from the
date of
the entry, and shall be collected as other taxes, and
shall be returned to
the township and placed in the township
general fund.
Sec. 505.871. (A) A board of township trustees may provide,
by resolution, for the removal of any vehicle in the
unincorporated territory of the township that the board determines
is a junk motor vehicle, as defined in section 505.173 of the
Revised Code.
(B) If a junk motor vehicle is located on public property,
the board of township trustees may provide in the resolution for
the immediate removal of the vehicle.
(C)(1) If a junk motor vehicle is located on private
property, the board of township trustees may provide in the
resolution for the removal of the vehicle not sooner than fourteen
days after the board serves written notice of its intention to
remove or cause the removal of the vehicle on the owner of the
land and any holders of liens of record on the land.
(2) The notice provided under this division shall generally
describe the vehicle to be removed and indicate all of the
following:
(a) The board has determined that the vehicle is a junk motor
vehicle.
(b) If the owner of the land fails to remove the vehicle
within fourteen days after service of the notice, the board may
remove or cause the removal of the vehicle.
(c) Any expenses the board incurs in removing or causing the
removal of the vehicle may be entered upon the tax duplicate and
become a lien upon the land from the date of entry.
(3) The board shall serve the notice under this division by
sending it by certified mail, return receipt requested, to the
owner of the land, if the owner resides in the unincorporated
territory of the township or if the owner resides outside the
unincorporated territory of the township and the owner's address
is known or ascertainable through an exercise of reasonable
diligence. The board also shall send notice in such manner to any
holders of liens of record on the land. If a notice sent by
certified mail is refused or unclaimed, or if an owner's address
is unknown and cannot reasonably be ascertained by an exercise of
reasonable diligence, the board shall publish the notice once in a
newspaper of general circulation in the township before the
removal of the vehicle, and, if the land contains any structures,
the board also shall post the notice on the principal structure on
the land.
A notice sent by certified mail shall be deemed to be served
for purposes of this section on the date it was received as
indicated by the date on a signed return receipt. A notice given
by publication shall be deemed to be served for purposes of this
section on the date of the newspaper publication.
(D) The board of township trustees may cause the removal or
may employ the labor, materials, and equipment necessary to remove
a junk motor vehicle under this section. All expenses incurred in
removing or causing the removal of a junk motor vehicle, when
approved by the board, shall be paid out of the township general
fund from moneys not otherwise appropriated, except that if the
expenses exceed five hundred dollars, the board may borrow moneys
from a financial institution to pay the expenses in whole or in
part.
(E) The board of township trustees may utilize any lawful
means to collect the expenses incurred in removing or causing the
removal of a junk motor vehicle under this section, including any
fees or interest paid to borrow moneys under division (D) of this
section. The board may direct the township fiscal officer to
certify the expenses and a description of the land to the county
auditor, who shall place the expenses upon the tax duplicate as a
lien upon the land to be collected as other taxes and returned to
the township general fund.
(F) Notwithstanding section 4513.65 of the Revised Code, but
subject to division (G)(2) of this section, any collector's
vehicle that meets the definition of a junk motor vehicle is
subject to removal under this section.
(G)(1) Nothing in this section affects the authority of a
board of township trustees to adopt and enforce resolutions under
section 505.173 of the Revised Code to regulate the storage of
junk motor vehicles on private or public property in the
unincorporated territory of the township.
(2) A resolution adopted under this section is subject to the
same restrictions specified in division (A) of section 505.173 of
the Revised Code for resolutions adopted under that section.
SECTION 2. That existing sections 505.85 and 505.87 of the
Revised Code are hereby repealed.
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