The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. H. B. No. 393 As Reported by the House Local Government and Public Administration CommitteeAs Reported by the House Local Government and Public Administration Committee
128th General Assembly | Regular Session | 2009-2010 |
| |
Representatives Gerberry, Blessing
Cosponsors:
Representatives Chandler, Weddington, Blair, Boose, Derickson, Domenick, Luckie, Ruhl, Slesnick, Yuko
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 and any
lienholder for a subsequent nuisance determination
made within 12 months after a nuisance
determination was made regarding the same
property.
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 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
(C) If a board of township trustees determines within twelve
consecutive months after a prior nuisance determination that the
same owner's maintenance of vegetation, garbage, refuse, or other
debris on the same land in the township constitutes a nuisance, at
least four days before providing for the abatement, control, or
removal of any vegetation, garbage, refuse, or other debris, the
board shall give notice of the subsequent nuisance determination
to the owner of the land and to any holders of liens of record
upon the land as follows:
(1) The board shall send written notice by first class mail
to the owner of the land and to any lienholders of record. Failure
of delivery of the notice shall not invalidate any action to
abate, control, or remove the nuisance. Alternatively, 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.
(2) 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 four consecutive days, or
to post the notice in a conspicuous location in the board's office
for four consecutive 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 under
division (B) of this section, or within four days after notice is
given under division (C) of this section, 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.
|