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H. B. No. 393 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Gerberry, Blessing
A BILL
To amend section 505.87 of the Revised Code to revise
the notice required to be provided by a board of
township trustees to a landowner for the
abatement, control, or removal of vegetation,
garbage, refuse, or other debris from the owner's
land.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 505.87 of the Revised Code be amended
to read as follows:
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 that vegetation,
garbage, refuse, 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 other
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 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 (C)(1) If the board of township trustees has not sent a
notice under division (B) of this section within the preceding
twelve months regarding the same parcel of land, 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
(2) If the board of township trustees has sent a notice under
division (B) of this section within the preceding twelve months
regarding the same parcel of land, the board shall send the notice
to the owner of land by ordinary mail if the owner is a resident
of the township or is a nonresident whose address is known, and by
ordinary 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 in it. If the owner's address is unknown and cannot
reasonably be obtained, it is sufficient to post the notice on the
board of township trustee's internet web site for seven days, or
to post the notice in a conspicuous location in the board's office
for seven days if the board does not maintain an internet web
site.
(D) 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)(E) of this section.
(C)(E) 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)(D)
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, 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)(F) 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)(E) of this section, including the board's
charges for
its services, the costs incurred in providing notice,
any fees or
interest paid to borrow moneys, and the amount paid
for
labor,
materials, and equipment. The expenses incurred, when allowed,
shall be
entered
upon the tax duplicate, are a lien upon the land
from the
date of
the entry, shall be collected as other taxes,
and
shall be returned to
the township and placed in the township
general fund.
Section 2. That existing section 505.87 of the Revised Code
is hereby repealed.
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