To amend sections 2323.07, 2329.01, 2329.02, 2329.07, 2329.33, and 3767.41 and to enact sections 2308.01 to 2308.06 of the Revised Code relative to foreclosure actions and certain related nuisance abatement actions.

Section 1. That sections 2323.07, 2329.01, 2329.02, 2329.07, 2329.33, and 3767.41 be amended and sections 2308.01, 2308.02, 2308.03, 2308.04, 2308.05, and 2308.06 of the Revised Code be enacted to read as follows:

Sec. 2308.01. As used in this chapter:

(A) "Abate," "abatement," and "neighbor" have the same meanings as in section 3767.41 of the Revised Code.

(B) "Residential area commercial property mortgage" means an obligation to pay a sum of money evidenced by a note and secured by a lien upon a commercial property that meets all of the following criteria:

(1) The structure or structures on the property total less than four thousand square feet.

(2) The property is located within five hundred feet of a residential property.

(3) The property is not a brownfield, as defined in section 122.65 of the Revised Code.

(C) "Residential mortgage" means an obligation to pay a sum of money evidenced by a note and secured by a lien upon a residential property.

(D) "Residential property" means real property located within this state consisting of land and a structure on that land containing four or fewer dwelling units, each of which is intended for occupancy by a separate household. "Residential property" includes a residential condominium unit owned by an individual, notwithstanding the number of units in the structure, and a manufactured or mobile home that is subject to real property taxes under section 4503.06 of the Revised Code.

(E) "Tenant" has the same meaning as in section 5321.01 of the Revised Code.

Sec. 2308.02. (A) No person shall file a complaint to initiate a residential mortgage foreclosure action unless that complaint is accompanied by a writing that contains all of the following:

(1) A statement setting forth the name of the holder of the note and asserting that the named holder is the true party in interest with a right to file the action;

(2) A statement as to whether the mortgage note has been securitized and if so, the identity of any mortgage-backed security that holds the loan and the name of the trustee of that mortgage-backed security;

(3) A statement, based on the best information of the person making the filing, as to whether the residential property is occupied and the date that its occupancy status last was assessed.

(B) Within fourteen days after filing a complaint to initiate a residential mortgage foreclosure action, the plaintiff shall file with the clerk the preliminary judicial report that section 2329.191 of the Revised Code requires.

(C) If the mortgagor answers the summons and complaint the clerk of court issues pursuant to a filing for foreclosure, within forty-five days following that answer, the plaintiff shall file with the clerk all of the following:

(1) Based on the best information of the plaintiff, an estimate of the value of the property. This value may be the value the auditor of the county in which the property is located has assigned the property in the course of the auditor's most recent valuation, a good faith estimate by the plaintiff considering the property's current condition, or a formal appraisal conducted by a real estate professional or a licensed appraiser.

(2) A copy of a completed property status report in substantially the following form or the form that a court modifies by rule, at the court's discretion.

"Case Number:.......................

Address: ................................................

Titled Owner(s): ........................................

Number of Units: ..........   Occupied:   YES   NO

If YES, by whom: .....................

If NO, when vacated: .................

Current city code violations:   YES   NO  If YES, attach copy of violation notice(s)

Abandoned/Unlicensed Vehicles:  YES   NO

Is this property the subject of litigation in any other court?   YES   NO

Is owner a defendant in other foreclosure cases in this court?   YES   NO

If YES, list case number(s): ............................................

How long has current owner owned property? ................................

If less than 5 years, list previous owners for last five years:

........................................................

Is this action being brought pursuant to:

(1) R.C. section 5721.39?   YES   NO

(2) The foreclosure of a residential mortgage loan?   YES   NO

I certify that the information contained herein is accurate and true, to the best of my knowledge.

........................      .........................

Attorney for Plaintiff         Date"

(D)(1) In a residential mortgage foreclosure action, if the mortgagor has not filed an answer to the summons and complaint within sixty days after that answer is due, the plaintiff may file with the clerk a motion for a default judgment beginning on the sixty-first day after the answer is due and ending on the one hundred twenty-first day after the answer is due. The plaintiff shall include with the motion an affidavit attesting that the affiant personally inspected the property, attempted to telephone all residences located on the property, and directed correspondence to all residences located on the property and that the affiant has no reason to believe that the premises are occupied. Upon receiving the motion and accompanying affidavit, the clerk shall issue a default judgment in favor of the plaintiff.

(2) In a residential mortgage foreclosure action, if the mortgagor has not filed an answer to the summons and complaint within sixty days after that answer is due, and the plaintiff does not file a motion for a default judgment pursuant to division (D)(1) of this section, the plaintiff's complaint is dismissed with prejudice, the plaintiff is deemed to have abandoned any right to the property or making any claim against the property, and the plaintiff shall not receive any proceeds from a sale of the property.

(E) A court may adopt by rule forms that incorporate the information divisions (A) and (C) of this section require, and may include on those forms any additional information that the court requires, at the court's discretion.

Sec. 2308.03. (A) No court may issue a judgment that orders the sale of a property that is the subject of a residential mortgage foreclosure action or residential area commercial property mortgage foreclosure action, and no county recorder shall accept for recording any deed based on that sale, if that property constitutes a public nuisance as defined in section 3767.41 of the Revised Code.

(B) Except as otherwise provided in division (D) of this section, in any residential mortgage foreclosure action or residential area commercial property mortgage foreclosure action, a court may hold a hearing to determine whether there is probable cause to believe that the property constitutes a public nuisance. A court's determination that there is probable cause to believe that the property is a public nuisance is a rebuttable presumption. The court may hold a probably cause hearing on its own accord or upon a request made pursuant to section 2308.04 of the Revised Code. If the court holds such a hearing, the court shall consider whether there is probable cause on the basis of any of the following:

(1) Information the plaintiff provides, including information contained in the property status report;

(2) Information in a public record that indicates the existence of a building with air pollution, sanitation, health, fire, zoning, or safety code violations or other conditions that constitute a public nuisance;

(3) A court ordered inspection of the property, or a voluntary authorization of inspection of the property under any right of the plaintiff to enter the property.

(C)(1) In any hearing held pursuant to division (B) of this section, the court shall provide the plaintiff in the foreclosure action with notice of time, date, place, and purpose of the hearing and provide the plaintiff an opportunity to present information that the property is not a public nuisance or to request the court to allow the plaintiff to abate the nuisance. If the plaintiff wishes to have an opportunity to present information of that nature or to abate the nuisance, the plaintiff shall request the opportunity from the court within ten days after receiving the court's notice of the hearing.

(2) If at the hearing a plaintiff elects to abate the nuisance, the court shall grant that request and require the plaintiff to report to the court within thirty days on the progress the plaintiff is making in abating the nuisance. The court shall continue with the foreclosure proceedings if it determines that the plaintiff is making reasonable progress in abating the nuisance condition. If the plaintiff does not make reasonable progress in abating the nuisance or does not report as required, the court immediately shall approve any request made pursuant to section 2308.04 of the Revised Code to bring a nuisance abatement action.

(D) A court shall stay any probable cause hearing on an alleged nuisance condition if the mortgagee or any other judgment creditor submits a writing to the court that pledges to bid at the sale of the property at least the balance owed on the mortgage principle on the property and, if the mortgagee or other judgment creditor is the successful bidder at the sale, to abate the nuisance subsequent to taking title to the property. If the court stays a probable cause hearing pursuant to this division and if a judgment creditor takes title to the property, not later than thirty days after the judgment creditor takes title to the property, the judgment creditor shall provide the court with a written appraisal of progress in abating the alleged nuisance conditions. If the court does not receive an appraisal of progress within that time, the court may resume the probable cause hearing.

(E) If the court finds probable cause that the residential property constitutes a public nuisance, the plaintiff shall file notice of that finding with the agency that is responsible for enforcement of housing occupancy codes within the municipal corporation or county in which the residential property is located, if there is such an agency. An agency inspecting the residential property as a result of receiving such a notice may charge the judgment debtor a reasonable fee to cover the costs of the inspection.

Sec. 2308.04. (A) Any municipal corporation in which a property is located, or any neighbor, tenant, or nonprofit corporation that is duly organized and has as one of its goals the improvement of housing conditions in the county or municipal corporation in which the property is located may intervene as an interested party at any time prior to the issuance of a judgment in the foreclosure proceeding of a residential property to request the court's permission to bring a civil action under section 3767.41 of the Revised Code for the abatement of a public nuisance.

(B) If pursuant to a request made pursuant to division (A) of this section a court finds under section 2308.03 of the Revised Code probable cause to believe that the property is a public nuisance, the court may authorize the interested party to bring an abatement action and the court shall stay the foreclosure action to allow hearings to be held on the public nuisance pursuant to section 3767.41 of the Revised Code. The interested party shall apprise the court of its progress in the action in writing not later than thirty days after the court grants permission to bring an action. If the court does not receive this notice within the specified time, it may resume the foreclosure proceedings.

(C) In addition to the requirement that the court find probable cause that the property is a public nuisance under division (B) of section 2308.03 of the Revised Code, the court may establish any guidelines it considers appropriate as a condition of granting the interested party permission to bring an abatement action against the residential property undergoing foreclosure.

(D) Nothing in the section shall be construed as preventing a court from staying a hearing when a judgment creditor complies with division (D) of section 2308.03 of the Revised Code.

Sec. 2308.05. (A) Within sixty days after the clerk of court provides lienholders with the notice of the filing of the certificate of judgment under division (G) of section 2329.02 of the Revised Code, the judgment creditor and any other lienholder may file for a writ of execution of that judgment. A lienholder other than the primary lienholder shall file for a contingent writ of execution. A lienholder who fails to file for a writ within the time frame this section establishes is deemed to have abandoned any right to the judgment and to the property, is barred from seeking another judgment on that property or making any claim against the property, and shall not receive any proceeds from a sale of the property.

(B)(1) Sixty days after providing notice to lienholders of the filing of the certificate of judgment, the clerk shall issue a writ of execution pursuant to section 2329.091 of the Revised Code in the order of priority of the liens of the lienholders who filed for a writ of execution. The clerk shall direct the officer conducting the sale to distribute the proceeds from the sale in the order of priority of the liens of the lienholders who filed for a writ of execution pursuant to this section.

(2) At its discretion, the court may extend the time period this section establishes for filing for a writ of execution or issuing that writ if the mortgagee and the mortgagor in the action so request, for any reason that the court considers appropriate.

(C) Notwithstanding sections 2329.09 and 2329.091 of the Revised Code, a court may stay the issuance of a writ of execution if the judgment debtor and the judgment creditor, along with all other lienholders, enter into a forbearance agreement that allows the judgment debtor to make payments over a specified period of time and that agreement is filed with the court. The stay shall be effective so long as all of the parties to the agreement comply with the terms of the agreement.

Sec. 2308.06. (A) Notwithstanding any other provision of the Revised Code, if no lienholder files for a writ of execution or a contingent writ of execution under section 2308.05 of the Revised Code, and the property owner does not redeem the property as division (B) of section 2329.33 of the Revised Code provides, the property owner and lienholders are deemed to have abandoned all rights to the property and the property is deemed an abandoned property. The title of such a property vests without further action in the name of the county recorder.

(B) When a property is deemed abandoned pursuant to division (A) of this section, the prosecuting attorney of the county shall prepare a deed to convey that property from the judgment debtor to the county recorder. The deed shall contain the names of the parties to the judgment and the owners of the property, a reference to the volume and page of the recording of the next preceding recorded instrument by or through which the county recorder claims title, the date and the amount of the judgment, and the date on which each lienholder is deemed to have abandoned the property. The county recorder shall record the deed within fourteen business days after the latest date on which a lienholder is deemed to have abandoned the property.

(C) The county recorder may dispose of property acquired under this section pursuant to rules the board of county commissioners adopts. The rules shall specify that if the county has a land bank, the county recorder shall place the property in that land bank pursuant to the rules. If the county does not have a land bank, the recorder shall dispose of the property pursuant to the discretion of the board of county commissioners.

Sec. 2323.07.  (A)(1) When a mortgage is foreclosed or a specific lien enforced, a sale of the property, or a transfer of property pursuant to sections 323.28, 323.65 to 323.78, and 5721.19 of the Revised Code, shall be ordered by the court having jurisdiction or the county board of revision with jurisdiction pursuant to section 323.66 of the Revised Code.

(2) The sale of property pursuant to judicial procedure is the only order a court may make for the execution of a judgment on a residential property when the action was brought by a mortgagee of that property. As used in this division, "residential property" has the same meaning as in section 2308.01 of the Revised Code.

(B) When the real property to be sold is in one or more tracts, the court may order the officer who makes the sale to subdivide, appraise, and sell them in parcels, or sell any one of the tracts as a whole.

(C) When the mortgaged property is situated in more than one county, the court may order the sheriff or master of each county to make sale of the property in the sheriff's or master's county, or may direct one officer to sell the whole. When it consists of a single tract, the court may direct that it be sold as one tract or in separate parcels, and shall direct whether appraisers shall be selected for each county or one set for all; and whether publication of the sale shall be made in all the counties, or in one county only.

Sec. 2329.01.  (A) Lands and tenements, including vested legal interests therein, permanent leasehold estates renewable forever, and goods and chattels, not exempt by law, shall be subject to the payment of debts, and liable to be taken on execution and sold as provided in sections 2329.02 to 2329.61, inclusive, of the Revised Code.

(B) As used in sections 2329.02 to 2329.61 of the Revised Code, "residential mortgage" and "residential property" have the same meanings as in section 2308.01 of the Revised Code.

Sec. 2329.02.  (A) Any judgment or decree rendered by any court of general jurisdiction, including district courts of the United States, within this state shall be a lien upon lands and tenements of each judgment debtor within any county of this state from the time there is filed in the office of the clerk of the court of common pleas of such county a certificate of such judgment, setting forth the court in which the same was rendered, the title and number of the action, the names of the judgment creditors and judgment debtors, the amount of the judgment and costs, the rate of interest, if the judgment provides for interest, and the date from which such interest accrues, the date of rendition of the judgment, and the volume and page of the journal entry thereof.

(B) No such judgment or decree shall be a lien upon any lands, whether or not situated within the county in which such judgment is rendered, registered under sections 5309.02 to 5309.98, inclusive, and 5310.01 to 5310.21, inclusive, of the Revised Code, until a certificate under the hand and official seal of the clerk of the court in which the same is entered or of record, stating the date and purport of the judgment, giving the number of the case, the full names of the parties, plaintiff and defendant, and the volume and page of the journal or record in which it is entered, or a certified copy of such judgment, stating such facts, is filed and noted in the office of the county recorder of the county in which the land is situated, and a memorial of the same is entered upon the register of the last certificate of title to the land to be affected.

Such certificate shall be made by the clerk of the court in which the judgment was rendered, under the seal of said court, upon the order of any person in whose favor such judgment was rendered or upon the order of any person claiming under him a person in whose favor such judgment was rendered, and shall be delivered to the party so ordering the same; and the fee therefor shall be taxed in the costs of the action.

(C) When any such certificate is delivered to the clerk of the court of common pleas of any county in this state, the same shall be filed by such clerk, and he the clerk shall docket and index it under the names of the judgment creditors and the judgment debtors in a judgment docket, which shall show as to each judgment all of the matters set forth in such certificate as required by this section. The fee for such filing, docketing, and indexing shall be taxed as increased costs of such judgment upon such judgment docket and shall be included in the lien of the judgment.

(D) When the clerk of any court, other than that rendering the judgment, in whose office any such certificate is filed, has docketed and indexed the same, he the clerk shall indorse upon such certificate the fact of such filing with the date thereof and the volume and page of the docket entry of such certificate and shall return the same so indorsed to the clerk of the court in which the judgment was rendered, who shall note upon the original docket the fact of the filing of said certificate, showing the county in which the same was filed and the date of such filing. When such certificate is filed, docketed, and indexed in the office of the clerk of the court which rendered the judgment, such clerk shall likewise indorse the certificate and make like notation upon the original docket.

Each such judgment shall be deemed to have been rendered in the county in which is kept the journal of the court rendering the same, in which journal such judgment is entered.

(E) Certificates or certified copies of judgments or decrees of any courts of general jurisdiction, including district courts of the United States, within this state, may be filed, registered, noted, and memorials thereof entered, in the office of the recorder of any county in which is situated land registered under sections 5309.02 to 5309.98, inclusive, and 5310.01 to 5310.21, inclusive, of the Revised Code, for the purpose of making such judgments liens upon such registered land.

(F) Notwithstanding any other provision of the Revised Code, any judgment issued in a court of record may be transferred to any other court of record. Any proceedings for collection may be had on such judgment the same as if it had been issued by the transferee court.

(G)(1) The clerk of the court shall include a notation on any certificate that is filed pursuant to the foreclosure of a residential mortgage that the payment of that judgment shall be made to the judgment creditor and other lienholders in the order of the priority of the liens of the lienholders who file for a writ of execution of judgment pursuant to division (G) of this section.

(2) When a clerk files a certificate of judgment, the clerk shall provide notice of that filing to the judgment debtor, the judgement creditor, and all lienholders and persons listed in division (B)(7) of section 2329.191 of the Revised Code. The notice shall state that a certificate of judgment has been filed and that the lienholder has sixty days from the date of the notice to file for a writ of execution to request the sale of the property. A lienholder who is not the primary lienholder shall file a contingency request for a writ of execution of judgment. The clerk shall issue the writ in the order of priority of the liens of the lienholders who file pursuant to this section.

(3) Any lienholder who fails to file for a writ of execution as division (G) of this section requires shall be deemed to have abandoned any right to the lien and has no further right to claim on the property or to collect from any proceeds of the sale of the property.

Sec. 2329.07. (A)(1) If neither execution on a judgment rendered in a court of record or certified to the clerk of the court of common pleas in the county in which the judgment was rendered is issued, nor a certificate of judgment for obtaining a lien upon lands and tenements is issued and filed, as provided in sections 2329.02 and 2329.04 of the Revised Code, within five years from the date of the judgment or within five years from the date of the issuance of the last execution thereon or the issuance and filing of the last such certificate, whichever is later, then, unless the judgment is in favor of the state, the judgment shall be dormant and shall not operate as a lien upon the estate of the judgment debtor.

(2) If the judgment is in favor of the state, the judgment shall not become dormant and shall not cease to operate as a lien against the estate of the judgment debtor provided that either execution on the judgment is issued or a certificate of judgment is issued and filed, as provided in sections 2329.02 and 2329.04 of the Revised Code, within ten years from the date of the judgment or within fifteen years from the date of the issuance of the last execution thereon or the issuance and filing of the last such certificate, whichever is later, except as otherwise provided in division (C) of this section. The fifteen-year limitation period applies to executions issued and certificates of judgments issued and filed before, on, or after the effective date of the amendment of this section by ........ of the 126th general assembly March 29, 2007.

(B) If, in any county other than that in which a judgment was rendered, the judgment has become a lien by reason of the filing, in the office of the clerk of the court of common pleas of that county, of a certificate of the judgment as provided in sections 2329.02 and 2329.04 of the Revised Code, and if no execution is issued for the enforcement of the judgment within that county, or no further certificate of the judgment is filed in that county, within five years or, if the judgment is in favor of the state, within fifteen years from the date of issuance of the last execution for the enforcement of the judgment within that county or the date of filing of the last certificate in that county, whichever is the later, then the judgment shall cease to operate as a lien upon lands and tenements of the judgment debtor within that county, except as otherwise provided in division (C) of this section. The fifteen-year limitation period applies to executions issued and certificates of judgments issued and filed before, on, or after the effective date of the amendment of this section by H.B. 699 of the 126th general assembly March 29, 2007.

(C)(1) As used in division (C) of this section, "interim period" means the period beginning September 26, 2003, and ending September 27, 2006.

(2) Division (C) of this section applies only to judgments in favor of the state that are subject to this section and to which both of the following apply:

(a) The first issuance of execution on the judgment, or the first issuance and filing of the certificate of judgment, was issued or issued and filed within the ten-year period provided in this section before the beginning of the interim period;

(b) Subsequent issuance of execution on the judgment or subsequent issuance and filing of the certificate of judgment would have been required during the interim period in order to keep the lien from becoming dormant under this section as this section existed on September 25, 2003, and as if this section as it existed on that date had been in effect during the interim period.

(3) Such a judgment shall not become dormant and shall not cease to operate as a lien against the estate of the judgment debtor if either execution on the judgment is issued or a certificate of judgment is issued and filed, as provided in sections 2329.02 and 2329.04 of the Revised Code, within fifteen years after the expiration of the ten-year period following issuance of the last execution on the judgment or following the issuance and filing of the last such certificate, whichever is later.

(D) When a judgment is issued with respect to a residential mortgage foreclosure action, a judgment creditor and all other lienholders may file for a writ of execution of the judgment pursuant to division (A) of section 2308.05 of the Revised Code within sixty days following a notice from the clerk of court that the clerk has filed the certificate of judgment. Any lienholder who fails to file for a writ during the time frame this section provides is deemed to have abandoned any right to the judgment and the property, and pursuant to section 2308.05 of the Revised Code is barred from making further claims against the property.

Sec. 2329.33.  In (A) Except as otherwise provided in division (B) of this section, in sales of real estate on execution or order of sale, at any time before the confirmation thereof, the debtor may redeem it from sale by depositing in the hands of the clerk of the court of common pleas to which such execution or order is returnable, the amount of the judgment or decree upon which such lands were sold, with all costs, including poundage, and interest at the rate of eight per cent per annum on the purchase money from the day of sale to the time of such deposit, except where the judgment creditor is the purchaser, the interest at such rate on the excess above his the judgment creditor's claim. The court of common pleas thereupon shall make an order setting aside such sale, and apply the deposit to the payment of such judgment or decree and costs, and award such interest to the purchaser, who shall receive from the officer making the sale the purchase money paid by him the purchaser, and the interest from the clerk. This

(B) Notwithstanding division (A) of this section, in any residential mortgage foreclosure action, the judgment debtor may redeem the property not later than sixty days following the date the clerk of the court provides notice of the filing of the certificate of judgment pursuant to section 2329.02 of the Revised Code. Any such right of redemption expires at the end of the business day on the sixtieth day following the clerk's notice of filing the certificate of judgment. A judgment debtor may redeem the property by depositing with the clerk of the court who filed the certificate of judgment the amount of the judgment along with all costs. The court shall deposit the amount of the payment to the satisfaction of the judgment and order the judgment set aside.

(C) This section does not take away the power of the court to set aside such sale for any reason for which it might have been set aside prior to April 16, 1888.

Sec. 3767.41.  (A) As used in this section:

(1) "Building" means, except as otherwise provided in this division, any building or structure that is used or intended to be used for residential purposes. "Building" includes, but is not limited to, a building or structure in which any floor is used for retail stores, shops, salesrooms, markets, or similar commercial uses, or for offices, banks, civic administration activities, professional services, or similar business or civic uses, and in which the other floors are used, or designed and intended to be used, for residential purposes. "Building" does not include any building or structure that is occupied by its owner and that contains three or fewer residential units when one of the units is occupied by the owner of the building or structure unless that building or structure is a residential property as defined in section 2308.01 of the Revised Code and the nuisance action is initiated pursuant to section 2308.04 of the Revised Code.

(2) "Land" means any parcel of land that is not the site of a building or other structure.

(3)(a) "Public nuisance" as it applies to a building means a building that is a menace to the public health, welfare, or safety; that is structurally unsafe, unsanitary, or not provided with adequate safe egress; that constitutes a fire hazard, or is otherwise dangerous to human life, or; that is otherwise no longer fit and habitable if used or designed to be used for residential purposes; or that, in relation to its existing use, constitutes a hazard to the public health, welfare, or safety by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment.

(b) "Public nuisance" as it applies to land means land that constitutes a hazard to the public health, welfare, or safety by reason of unsafe or unsanitary conditions.

(c) "Public nuisance" as it applies to subsidized housing means subsidized housing that fails to meet the following standards as specified in the federal rules governing each standard:

(i) Each building on the site is structurally sound, secure, habitable, and in good repair, as defined in 24 C.F.R. 5.703(b);

(ii) Each building's domestic water, electrical system, elevators, emergency power, fire protection, HVAC, and sanitary system is free of health and safety hazards, functionally adequate, operable, and in good repair, as defined in 24 C.F.R. 5.703(c);

(iii) Each dwelling unit within the building is structurally sound, habitable, and in good repair, and all areas and aspects of the dwelling unit are free of health and safety hazards, functionally adequate, operable, and in good repair, as defined in 24 C.F.R. 5.703(d)(1);

(iv) Where applicable, the dwelling unit has hot and cold running water, including an adequate source of potable water, as defined in 24 C.F.R. 5.703(d)(2);

(v) If the dwelling unit includes its own sanitary facility, it is in proper operating condition, usable in privacy, and adequate for personal hygiene, and the disposal of human waste, as defined in 24 C.F.R. 5.703(d)(3);

(vi) The common areas are structurally sound, secure, and functionally adequate for the purposes intended. The basement, garage, carport, restrooms, closets, utility, mechanical, community rooms, daycare, halls, corridors, stairs, kitchens, laundry rooms, office, porch, patio, balcony, and trash collection areas are free of health and safety hazards, operable, and in good repair. All common area ceilings, doors, floors, HVAC, lighting, smoke detectors, stairs, walls, and windows, to the extent applicable, are free of health and safety hazards, operable, and in good repair, as defined in 24 C.F.R. 5.703(e);

(vii) All areas and components of the housing are free of health and safety hazards. These areas include, but are not limited to, air quality, electrical hazards, elevators, emergency/fire exits, flammable materials, garbage and debris, handrail hazards, infestation, and lead-based paint, as defined in 24 C.F.R. 5.703(f).

(3)(4) "Abate" or "abatement" in connection with any building means the removal or correction of any conditions that constitute a public nuisance and, in connection with any building, includes the making of any other improvements that are needed to effect a rehabilitation of the building that is consistent with maintaining safe and habitable conditions over its remaining useful life. "Abatement" does not include the The closing or boarding up of any building that is found to be a public nuisance, by itself, does not serve as an abatement of the public nuisance.

(4)(5) "Interested party" means any owner, mortgagee, lienholder, tenant, or person that possesses an interest of record in any property that becomes subject to the jurisdiction of a court pursuant to this section, and any applicant for the appointment of a receiver pursuant to this section.

(5)(6) "Neighbor" means any owner of real property, including, but not limited to, any person who is purchasing real property by land installment contract or under a duly executed purchase contract, that is located within five hundred feet of any real property that becomes subject to the jurisdiction of a court pursuant to this section, and any occupant of a building that is so located.

(6)(7) "Tenant" has the same meaning as in section 5321.01 of the Revised Code.

(7)(8) "Subsidized housing" means a property consisting of more than four dwelling units that, in whole or in part, receives project-based assistance pursuant to a contract under any of the following federal housing programs:

(a) The new construction or substantial rehabilitation program under section 8(b)(2) of the "United States Housing Act of 1937," Pub. L. No. 75-412, 50 Stat. 888, 42 U.S.C. 1437f(b)(2) as that program was in effect immediately before the first day of October, 1983;

(b) The moderate rehabilitation program under section 8(e)(2) of the "United States Housing Act of 1937," Pub. L. No. 75-412, 50 Stat. 888, 42 U.S.C. 1437f(e)(2);

(c) The loan management assistance program under section 8 of the "United States Housing Act of 1937," Pub. L. No. 75-412, 50 Stat. 888, 42 U.S.C. 1437f;

(d) The rent supplement program under section 101 of the "Housing and Urban Development Act of 1965," Pub. L. No. 89-174, 79 Stat. 667, 12 U.S.C. 1701s;

(e) Section 8 of the "United States Housing Act of 1937," Pub. L. No. 75-412, 50 Stat. 888, 42 U.S.C. 1437f, following conversion from assistance under section 101 of the "Housing and Urban Development Act of 1965," Pub. L. No. 89-174, 79 Stat. 667, 12 U.S.C. 1701s;

(f) The program of supportive housing for the elderly under section 202 of the "Housing Act of 1959," Pub. L. No. 86-372, 73 Stat. 654, 12 U.S.C. 1701q;

(g) The program of supportive housing for persons with disabilities under section 811 of the "National Affordable Housing Act of 1990," Pub. L. No. 101-625, 104 Stat. 4313, 42 U.S.C. 8013;

(h) The rental assistance program under section 521 of the "United States Housing Act of 1949," Pub. L. No. 90-448, 82 Stat. 551, as amended by Pub. L. No. 93-383, 88 Stat. 696, 42 U.S.C. 1490a.

(8)(9) "Project-based assistance" means the assistance is attached to the property and provides rental assistance only on behalf of tenants who reside in that property.

(9)(10) "Landlord" has the same meaning as in section 5321.01 of the Revised Code.

(B)(1)(a) In any civil action to enforce any local building, housing, air pollution, sanitation, health, fire, zoning, or safety code, ordinance, resolution, or regulation applicable to buildings, lands, or subsidized housing that is commenced in a court of common pleas, municipal court, housing or environmental division of a municipal court, or county court, or in any civil action for abatement commenced in a court of common pleas, municipal court, housing or environmental division of a municipal court, or county court, by a municipal corporation or township in which the building, land, or subsidized housing involved is located, by any neighbor, tenant, or by a nonprofit corporation that is duly organized and has as one of its goals the improvement of housing conditions in the county or municipal corporation in which the building, land, or subsidized housing involved is located, if a building, land, or subsidized housing is alleged to be a public nuisance, the municipal corporation, township, neighbor, tenant, or nonprofit corporation may apply in its complaint for an injunction, relief, or other order as described in division (C)(1) of this section, or for the relief described in division (C)(2) of this section, including, if necessary, the appointment of a receiver as described in divisions (C)(2) and (3) of this section, or for both such an injunction or other order and such relief. The municipal corporation, township, neighbor, tenant, or nonprofit corporation commencing the action is not liable for the costs, expenses, and fees of any receiver appointed pursuant to divisions (C)(2) and (3) of this section.

(b) Prior to commencing a civil action for abatement when the property alleged to be a public nuisance is subsidized housing, the municipal corporation, township, neighbor, tenant, or nonprofit corporation commencing the action shall provide the landlord of that property with written notice that specifies one or more defective conditions that constitute a public nuisance as that term applies to subsidized housing and states that if the landlord fails to remedy the condition within sixty days of the service of the notice, a claim pursuant to this section may be brought on the basis that the property constitutes a public nuisance in subsidized housing. Any party authorized to bring an action against the landlord shall make reasonable attempts to serve the notice in the manner prescribed in the Rules of Civil Procedure to the landlord or the landlord's agent for the property at the property's management office, or at the place where the tenants normally pay or send rent. If the landlord is not the owner of record, the party bringing the action shall make a reasonable attempt to serve the owner. If the owner does not receive service the person bringing the action shall certify the attempts to serve the owner.

(2)(a) In a civil action described in division (B)(1) of this section, a copy of the complaint and a notice of the date and time of a hearing on the complaint shall be served upon the owner of the building, land, or subsidized housing and all other interested parties in accordance with the Rules of Civil Procedure. If certified mail service, personal service, or residence service of the complaint and notice is refused or certified mail service of the complaint and notice is not claimed, and if the municipal corporation, township, neighbor, tenant, or nonprofit corporation commencing the action makes a written request for ordinary mail service of the complaint and notice, or uses publication service, in accordance with the Rules of Civil Procedure, then a copy of the complaint and notice shall be posted in a conspicuous place on the building, land, or subsidized housing.

(b) The judge in a civil action described in division (B)(1) of this section shall may conduct a summary hearing at least to consider and issue any temporary orders that are necessary to protect the public health, welfare, and safety pending further proceedings.

(c) The judge shall conduct a hearing on the complaint not earlier than twenty-eight days after the owner of the building, land, or subsidized housing and the other interested parties have been served with a copy of the complaint and the notice of the date and time of the hearing in accordance with division (B)(2)(a) of this section.

(c)(d) In considering whether subsidized housing is a public nuisance, the judge shall construe the standards set forth in division (A)(2)(b)(A)(3)(c) of this section in a manner consistent with department of housing and urban development and judicial interpretations of those standards. The judge shall deem that the property is not a public nuisance if during the twelve months prior to the service of the notice that division (B)(1)(b) of this section requires, the department of housing and urban development's real estate assessment center issued a score of seventy-five or higher out of a possible one hundred points pursuant to its regulations governing the physical condition of multifamily properties pursuant to 24 C.F.R. part 200, subpart P, and since the most recent inspection, there has been no significant change in the property's conditions that would create a serious threat to the health, safety, or welfare of the property's tenants.

(C)(1) If the judge in a civil action described in division (B)(1) of this section finds at the hearing required by division (B)(2) of this section that the building involved, land, or subsidized housing is a public nuisance, if the judge additionally determines that the owner of the building, land, or subsidized housing previously has not been afforded a reasonable opportunity to abate the public nuisance or has been afforded such an opportunity and has not refused or failed to abate the public nuisance, and if the complaint of the municipal corporation, township, neighbor, tenant, or nonprofit corporation commencing the action requested the issuance of an injunction as described in this division, then the judge may issue an injunction requiring the owner of the building, land, or subsidized housing to abate the public nuisance or issue any other order that the judge considers necessary or appropriate to cause the abatement of the public nuisance. If an injunction is issued pursuant to this division, the owner of the building, land, or subsidized housing involved shall be given no more than thirty days from the date of the entry of the judge's order to comply with the injunction, unless the judge, for good cause shown, extends the time for compliance.

(2) If the judge in a the civil action described in division (B)(1) of this section finds at the hearing required by division (B)(2) of this section that the building involved is a public nuisance, if the judge additionally determines that the owner of the building, land, or subsidized housing previously has been was afforded a reasonable opportunity to abate the public nuisance and has refused or failed to do so, and if the complaint of the municipal corporation, township, neighbor, tenant, or nonprofit corporation commencing the action requested relief as described in this division, then the judge shall offer any mortgagee, lienholder, or other interested party associated with the property on which the building is located, in the order of the priority of interest in title, the opportunity to undertake the work and to furnish the materials necessary to abate the public nuisance. Prior to selecting any interested party, the judge shall require the interested party to demonstrate the ability to promptly undertake the work and furnish the materials required, to provide the judge with a viable financial and construction plan for the rehabilitation of the building as described in division (D) of this section, and to post security for the performance of the work and the furnishing of the materials.

(2) If the judge determines, at the hearing, that no interested party associated with the building, land, or subsidized housing is willing or able to undertake the work and to furnish the materials necessary to abate the public nuisance, or if the judge determines, at any time after the hearing, that any party who is undertaking corrective work pursuant to this division cannot or will not proceed, or has not proceeded with due diligence, the judge may appoint a receiver pursuant to division (C)(3) of this section to take possession and control of the building, land, or subsidized housing.

(3)(a) The judge in a civil action described in division (B)(1) of this section shall not appoint any person as a receiver unless the person first has provided the judge with a viable financial and construction plan for the rehabilitation of the building involved, land, or subsidized housing as described in division (D) of this section and has demonstrated the capacity and expertise to perform the required work and to furnish the required materials in a satisfactory manner. An appointed receiver may be a financial institution that possesses an interest of record in the building or the property on which it the building is located, land, or subsidized housing, a nonprofit corporation as described in divisions (B)(1) and (C)(3)(b) of this section, including, but not limited to, a nonprofit corporation that commenced the action described in division (B)(1) of this section, or any other qualified property manager.

(b) To be eligible for appointment as a receiver, no part of the net earnings of a nonprofit corporation shall inure to the benefit of any private shareholder or individual. Membership on the board of trustees of a nonprofit corporation appointed as a receiver does not constitute the holding of a public office or employment within the meaning of sections 731.02 and 731.12 or any other section of the Revised Code and does not constitute a direct or indirect interest in a contract or expenditure of money by any municipal corporation. A member of a board of trustees of a nonprofit corporation appointed as a receiver shall not be disqualified from holding any public office or employment, and shall not forfeit any public office or employment, by reason of membership on the board of trustees, notwithstanding any law to the contrary.

(D) Prior to ordering an owner, interested party, or receiver to undertake any work to be undertaken, or the furnishing of any materials, to abate a public nuisance under this section, the judge in a civil action described in division (B)(1) of this section shall review the submitted financial and construction plan for the rehabilitation of the building involved, land, or subsidized housing and, if it specifies all of the following, shall approve that plan:

(1) The estimated cost of the labor, materials, and any other development costs that are required to abate the public nuisance;

(2) The estimated income and expenses of the building and the property on which it the building is located, land, or subsidized housing after the furnishing of the materials and the completion of the repairs and improvements;

(3) The terms, conditions, and availability of any financing that is necessary to perform the work and to furnish the materials;

(4) If repair and rehabilitation of the a building are found not to be feasible, the cost of demolition of the building or of the portions of the building that constitute the public nuisance.

(E) Upon the written request of any of the interested parties to have a building, or portions of a building, that constitute a public nuisance demolished because repair and rehabilitation of the building are found not to be feasible, the judge may order the demolition. However, the demolition shall not be ordered unless the requesting interested parties have paid the costs of demolition and, if any, of the receivership, and, if any, all notes, certificates, mortgages, and fees of the receivership.

(F) Before proceeding with the duties of receiver, any receiver appointed by the judge in a civil action described in division (B)(1) of this section may be required by the judge to post a bond in an amount fixed by the judge, but not exceeding the value of the building involved, land, or subsidized housing as determined by the judge.

The judge may empower the receiver to do any or all of the following:

(1) Take possession and control of the building and the property on which it the building is located, land, or subsidized housing, operate and manage the building and the property, land, or subsidized housing, establish and collect rents and income, lease and rent the building and the property, land, or subsidized housing, and evict tenants;

(2) Pay all expenses of operating and conserving the building and the property, land, or subsidized housing, including, but not limited to, the cost of electricity, gas, water, sewerage, heating fuel, repairs and supplies, custodian services, taxes and assessments, and insurance premiums, and hire and pay reasonable compensation to a managing agent;

(3) Pay pre-receivership mortgages or installments of them and other liens;

(4) Perform or enter into contracts for the performance of all work and the furnishing of materials necessary to abate, and obtain financing for the abatement of, the public nuisance;

(5) Pursuant to court order, remove and dispose of any personal property abandoned, stored, or otherwise located in or on the building and the property, land, or subsidized housing that creates a dangerous or unsafe condition or that constitutes a violation of any local building, housing, air pollution, sanitation, health, fire, zoning, or safety code, ordinance, or regulation;

(6) Obtain mortgage insurance for any receiver's mortgage from any agency of the federal government;

(7) Enter into any agreement and do those things necessary to maintain and preserve the building and the property, land, or subsidized housing and comply with all local building, housing, air pollution, sanitation, health, fire, zoning, or safety codes, ordinances, resolutions, and regulations;

(8) Give the custody of the building and the property, land, or subsidized housing, and the opportunity to abate the nuisance and operate the building and property, land, or subsidized housing, to its owner or any mortgagee or lienholder of record;

(9) Issue notes and secure them by a mortgage bearing interest, and upon terms and conditions, that the judge approves. When sold or transferred by the receiver in return for valuable consideration in money, material, labor, or services, the notes or certificates shall be freely transferable. Any mortgages granted by the receiver shall be superior to any claims of the receiver. Priority among the receiver's mortgages shall be determined by the order in which they are recorded.

(G) A receiver appointed pursuant to this section is not personally liable except for misfeasance, malfeasance, or nonfeasance in the performance of the functions of the office of receiver.

(H)(1) The judge in a civil action described in division (B)(1) of this section may assess as court costs, the expenses described in division (F)(2) of this section, and may approve receiver's fees to the extent that they are not covered by the income from the property. Subject to that limitation, a receiver appointed pursuant to divisions (C)(2) and (3) of this section is entitled to receive fees in the same manner and to the same extent as receivers appointed in actions to foreclose mortgages.

(2)(a) Pursuant to the police powers vested in the state, all expenditures of a mortgagee, lienholder, or other interested party that has been selected pursuant to division (C)(2)(1) of this section to undertake the work and to furnish the materials necessary to abate a public nuisance, and any expenditures in connection with the foreclosure of the lien created by this division, is a first lien upon the building involved and the property on which it the building is located, land, or subsidized housing and is superior to all prior and subsequent liens or other encumbrances associated with the building or the and property, land, or subsidized housing, including, but not limited to, those for taxes and assessments, upon the occurrence of both of the following:

(i) The prior approval of the expenditures by, and the entry of a judgment to that effect by, the judge in the civil action described in division (B)(1) of this section;

(ii) The recordation of a certified copy of the judgment entry and a sufficient description of the property on which the building is located, land, or subsidized housing with the county recorder in the county in which the property is located within sixty days after the date of the entry of the judgment.

(b) Pursuant to the police powers vested in the state, all expenses and other amounts paid in accordance with division (F) of this section by a receiver appointed pursuant to divisions (C)(2) and (3) of this section, the amounts of any notes issued by the receiver in accordance with division (F) of this section, all mortgages granted by the receiver in accordance with that division, the fees of the receiver approved pursuant to division (H)(1) of this section, and any amounts expended in connection with the foreclosure of a mortgage granted by the receiver in accordance with division (F) of this section or with the foreclosure of the lien created by this division, are a first lien upon the building involved and the property on which it the building is located, land, or subsidized housing and are superior to all prior and subsequent liens or other encumbrances associated with the building or the and property, land, or subsidized housing, including, but not limited to, those for taxes and assessments, upon the occurrence of both of the following:

(i) The approval of the expenses, amounts, or fees by, and the entry of a judgment to that effect by, the judge in the civil action described in division (B)(1) of this section; or the approval of the mortgages in accordance with division (F)(9) of this section by, and the entry of a judgment to that effect by, that judge;

(ii) The recordation of a certified copy of the judgment entry and a sufficient description of the property on which the building is located, land, or subsidized housing, or, in the case of a mortgage, the recordation of the mortgage, a certified copy of the judgment entry, and such a description, with the county recorder of the county in which the property is located within sixty days after the date of the entry of the judgment.

(c) Priority among the liens described in divisions (H)(2)(a) and (b) of this section shall be determined as described in division (I) of this section. Additionally, the creation pursuant to this section of a mortgage lien that is prior to or superior to any mortgage of record at the time the mortgage lien is so created, does not disqualify the mortgage of record as a legal investment under Chapter 1107. or 1151. or any other chapter of the Revised Code.

(I)(1) If a receiver appointed pursuant to divisions (C)(2) and (3) of this section files with the judge in the civil action described in division (B)(1) of this section a report indicating that the public nuisance has been abated, if the judge confirms that the receiver has abated the public nuisance, and if the receiver or any interested party requests the judge to enter an order directing the receiver to sell the building and the property on which it the building is located, land, or subsidized housing, the judge may enter that order after holding a hearing as described in division (I)(2) of this section and otherwise complying with that division.

(2)(a) The receiver or interested party requesting an order as described in division (I)(1) of this section shall cause a notice of the date and time of a hearing on the request to be served on the owner of the building involved, land, or subsidized housing and all other interested parties in accordance with division (B)(2)(a) of this section. The judge in the civil action described in division (B)(1) of this section shall conduct the scheduled hearing. At the hearing, if the owner or any interested party objects to the sale of the building and the property, land, or subsidized housing, the burden of proof shall be upon the objecting person to establish, by a preponderance of the evidence, that the benefits of not selling the building and the property, land, or subsidized housing outweigh the benefits of selling them. If the judge determines that there is no objecting person, or if the judge determines that there is one or more objecting persons but no objecting person has sustained the burden of proof specified in this division, the judge may enter an order directing the receiver to offer the building and the property, land, or subsidized housing for sale upon terms and conditions that the judge shall specify.

(b) In any sale of subsidized housing that is ordered pursuant to this section, the judge shall specify that the subsidized housing not be conveyed unless that conveyance complies with applicable federal law and applicable program contracts for that housing. Any such conveyance shall be subject to the condition that the purchaser enter into a contract with the department of housing and urban development or the rural housing service of the federal department of agriculture under which the property continues to be subsidized housing and the owner continues to operate that property as subsidized housing unless the secretary of housing and urban development or the administrator of the rural housing service terminates that property's contract prior to or upon the conveyance of the property.

(3) If a sale of a building and the property on which it is located, land, or subsidized housing is ordered pursuant to divisions (I)(1) and (2) of this section and if the sale occurs in accordance with the terms and conditions specified by the judge in the judge's order of sale, then the receiver shall distribute the proceeds of the sale and the balance of any funds that the receiver may possess, after the payment of the costs of the sale, in the following order of priority and in the described manner:

(a) First, in satisfaction of any notes issued by the receiver pursuant to division (F) of this section, in their order of priority;

(b) Second, any unreimbursed expenses and other amounts paid in accordance with division (F) of this section by the receiver, and the fees of the receiver approved pursuant to division (H)(1) of this section;

(c) Third, all expenditures of a mortgagee, lienholder, or other interested party that has been selected pursuant to division (C)(2)(1) of this section to undertake the work and to furnish the materials necessary to abate a public nuisance, provided that the expenditures were approved as described in division (H)(2)(a) of this section and provided that, if any such interested party subsequently became the receiver, its expenditures shall be paid prior to the expenditures of any of the other interested parties so selected;

(d) Fourth, the amount due for delinquent taxes, assessments, charges, penalties, and interest owed to this state or a political subdivision of this state, provided that, if the amount available for distribution pursuant to division (I)(3)(d) of this section is insufficient to pay the entire amount of those taxes, assessments, charges, penalties, and interest, the proceeds and remaining funds shall be paid to each claimant in proportion to the amount of those taxes, assessments, charges, penalties, and interest that each is due.

(e) The amount of any pre-receivership mortgages, liens, or other encumbrances, in their order of priority.

(4) Following a distribution in accordance with division (I)(3) of this section, the receiver shall request the judge in the civil action described in division (B)(1) of this section to enter an order terminating the receivership. If the judge determines that the sale of the building and the property on which it is located, land, or subsidized housing occurred in accordance with the terms and conditions specified by the judge in the judge's order of sale under division (I)(2) of this section and that the receiver distributed the proceeds of the sale and the balance of any funds that the receiver possessed, after the payment of the costs of the sale, in accordance with division (I)(3) of this section, and if the judge approves any final accounting required of the receiver, the judge may terminate the receivership.

(J)(1) A receiver appointed pursuant to divisions (C)(2) and (3) of this section may be discharged at any time in the discretion of the judge in the civil action described in division (B)(1) of this section. The receiver shall be discharged by the judge as provided in division (I)(4) of this section, or when all of the following have occurred:

(a) The public nuisance has been abated;

(b) All costs, expenses, and approved fees of the receivership have been paid;

(c) Either all receiver's notes issued and mortgages granted pursuant to this section have been paid, or all the holders of the notes and mortgages request that the receiver be discharged.

(2) If a judge in a civil action described in division (B)(1) of this section determines that, and enters of record a declaration that, a public nuisance has been abated by a receiver, and if, within three days after the entry of the declaration, all costs, expenses, and approved fees of the receivership have not been paid in full, then, in addition to the circumstances specified in division (I) of this section for the entry of such an order, the judge may enter an order directing the receiver to sell the building involved and the property on which it the building is located, land, or subsidized housing. Any such order shall be entered, and the sale shall occur, only in compliance with division (I) of this section.

(K) The title in any building, and in the property on which it the building is located, land, or subsidized housing, that is sold at a sale ordered under division (I) or (J)(2) of this section shall be incontestable in the purchaser and shall be free and clear of all liens for delinquent taxes, assessments, charges, penalties, and interest owed to this state or any political subdivision of this state, that could not be satisfied from the proceeds of the sale and the remaining funds in the receiver's possession pursuant to the distribution under division (I)(3) of this section. All and of all other liens and encumbrances with respect to the building and the property shall survive the sale, including, but not limited to, land, or subsidized housing, except a federal tax lien notice that was properly filed in accordance with section 317.09 of the Revised Code prior to the time of the sale, and the easements and covenants of record running with the property that were created prior to the time of the sale.

(L)(1) Nothing in this section shall be construed as a limitation upon the powers granted to a court of common pleas, a municipal court or a housing or environmental division of a municipal court under Chapter 1901. of the Revised Code, or a county court under Chapter 1907. of the Revised Code.

(2) The monetary and other limitations specified in Chapters 1901. and 1907. of the Revised Code upon the jurisdiction of municipal and county courts, and of housing or environmental divisions of municipal courts, in civil actions do not operate as limitations upon any of the following:

(a) Expenditures of a mortgagee, lienholder, or other interested party that has been selected pursuant to division (C)(2) of this section to undertake the work and to furnish the materials necessary to abate a public nuisance;

(b) Any notes issued by a receiver pursuant to division (F) of this section;

(c) Any mortgage granted by a receiver in accordance with division (F) of this section;

(d) Expenditures in connection with the foreclosure of a mortgage granted by a receiver in accordance with division (F) of this section;

(e) The enforcement of an order of a judge entered pursuant to this section;

(f) The actions that may be taken pursuant to this section by a receiver or a mortgagee, lienholder, or other interested party that has been selected pursuant to division (C)(2)(1) of this section to undertake the work and to furnish the materials necessary to abate a public nuisance.

(3) A judge in a civil action described in division (B)(1) of this section, or the judge's successor in office, has continuing jurisdiction to review the condition of any building, land, or subsidized housing that was determined to be a public nuisance pursuant to this section.

(4) Nothing in this section shall be construed to limit or prohibit a municipal corporation or township that has filed with the superintendent of insurance a certified copy of an adopted resolution, ordinance, or regulation authorizing the procedures described in divisions (C) and (D) of section 3929.86 of the Revised Code from receiving insurance proceeds under section 3929.86 of the Revised Code.

Section 2. That existing sections 2323.07, 2329.01, 2329.02, 2329.07, 2329.33, and 3767.41 of the Revised Code are hereby repealed.