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S. B. No. 283 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Mumper, Kearney, Miller, R., Miller, D.
A BILL
To amend sections 317.13 and 715.261 and to enact
section 319.204 of the Revised Code to
authorize
municipal corporations to collect their
unpaid
costs for correcting hazardous conditions
or
abating nuisances caused by unsafe structures by
attaching a lien against the
property owner's
primary residence, and to require persons with
interests in real property to file identifying
information with county auditors.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 317.13 and 715.261 be amended and
section 319.204 of the Revised Code be
enacted to read as
follows:
Sec. 317.13. (A) Except as otherwise provided in
division
(B) of this section, the county recorder shall record in
the
proper record, in legible handwriting, typewriting, or printing,
or by any
authorized
photographic or electronic process, all
deeds, mortgages, plats, or
other instruments of
writing that are
required or authorized by the Revised
Code to be recorded and
that
are presented to the recorder for that
purpose. The recorder shall
record the instruments
in regular succession, according
to the
priority of presentation, and shall enter the
file number at the
beginning of
the record. On the record of each instrument, the
recorder shall record the
date and
precise time the instrument was
presented for record. All
records made,
prior to July 28, 1949, by
means authorized by this section or by section 9.01
of the Revised
Code shall be deemed properly made.
(B) The county recorder may refuse to record an instrument of
writing presented to the recorder for recording if the instrument
is not
required or authorized by the Revised
Code to be recorded
or the recorder has reasonable cause to believe
the instrument is
materially false or fraudulent. This division does not create a
duty
upon a recorder to inspect, evaluate, or investigate an
instrument of writing
that is presented for recording.
(C) If a person presents an instrument of writing to the
county
recorder for recording and the recorder, pursuant to
division (B) of
this section, refuses to record the instrument,
the person may commence an
action in or apply for an order from
the
court of common pleas in the county that the recorder serves
to require the
recorder to record the instrument. If
the court
determines that the instrument is required or authorized by the
Revised Code to be recorded and is not materially false or
fraudulent, it shall order the recorder to record the instrument.
(D) The county recorder shall maintain a list of the name and
current address, with a cross-reference to the real property, of
each person that files the form required by section 319.204 of the
Revised Code.
Sec. 319.204. Any person with an interest in real property by
deed, mortgage, plat, or other instrument of writing recorded in
accordance with section 317.13 of the Revised Code shall file and
maintain with the county auditor, on a form provided by the county
auditor, the person's name and current address for receiving
notices related to the ownership, taxation, condition, or use of
the real property.
Sec. 715.261. (A) As used in this section, "total cost"
means any costs incurred due to the use of employees, materials,
or equipment of the municipal corporation, any costs arising out
of contracts for labor, materials, or equipment, and costs of
service of notice or publication required under this section.
(B) A municipal corporation may collect the total cost of
removing, repairing, or securing insecure, unsafe, structurally
defective, abandoned, deserted, or open and vacant buildings or
other structures, of making emergency corrections of hazardous
conditions, or of abating any nuisance by any of the following
methods:
(1) The clerk of the legislative authority of the
municipal
corporation may certify the total costs, together with
a proper
description of the lands parcel, to the county auditor, who shall
place enter the costs upon as a charge against the parcel on the
tax duplicate list of real and public utility property. The costs
are a lien
upon such lands the parcel from and after the date of
entry. The costs
shall be collected as other taxes and returned to
the municipal
corporation.
(2) The municipal corporation may commence a civil action
to
recover the total costs from the owner.
(3) The legislative authority of the municipal corporation
may certify the amount of the total costs to the county auditor of
the county in which is located the primary residence of the owner
of record of property for which the total costs were incurred if
the location is known. If the owner of record is an association,
the amount may be certified to the county auditor of the county in
which is located the primary residence of the individual who owns
the majority or greatest share of the association's equity
interests if known. Before the costs may be certified to the
county auditor, the legislative authority shall send notice by
certified mail to the last known tax mailing address of the owner
of record indicating that failure to
pay the total costs within
thirty days, or to show just cause why
the total costs should not
be paid within thirty days, will result
in the costs being
charged against the owner's primary residence
and constituting a
lien on that residence enforceable as a lien
for taxes. Delivery
of the notice to the owner of record's last known tax mailing
address constitutes constructive notice to the owner of record of
the total costs due. The absence of a valid tax mailing address
for the owner does not preclude the legislative authority from
having the total costs charged against the owner's primary
residence in accordance with this section.
If payment is not received or just cause for nonpayment
is
not shown within thirty days after service of notice, the
legislative authority may certify the amount of the total costs,
together with a proper description of that parcel, to the county
auditor of the county in which the owner's primary residence is
located. The county auditor shall enter the amount on the current
tax list of real and public utility property. If the duplicate of
the current tax list has already been certified to the county
treasurer, the auditor shall enter the amount as a marginal entry
on the list and certify the amount to the county treasurer, who
shall likewise make a marginal entry on the duplicate. From the
date on which it is entered on the tax list, the certified amount
is a lien on the primary residence and shall be collected in the
same manner as other taxes, except that, notwithstanding section
323.15 of the Revised Code, the county treasurer shall accept a
payment in that amount when separately tendered as payment for the
full amount of those unpaid total costs. The lien shall be
released immediately upon payment in full of the certified amount.
Any amount collected by the county treasurer under this division
shall be returned to the municipal corporation.
(C) This section applies to any action taken by a
municipal
corporation pursuant to section 715.26 of the Revised
Code or
pursuant to Section 3 of Article XVIII, Ohio
Constitution.
(D) A municipal corporation shall not certify to the county
auditor for
placement upon the tax list and duplicate the cost of
any action that it takes
under division (B) of this section if the
action is taken on land that has
been forfeited to this state for
delinquent taxes, unless the owner of record
redeems the land.
Section 2. That existing sections 317.13 and 715.261 of the
Revised Code
are hereby repealed.
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