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.

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.