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. S. B. No. 90 As Reported by the Senate Ways and Means and Economic Development CommitteeAs Reported by the Senate Ways and Means and Economic Development Committee
128th General Assembly | Regular Session | 2009-2010 |
| |
Cosponsors:
Senators Wagoner, Morano, Goodman, Smith, Turner, Schiavoni, Miller, D., Gibbs, Schaffer
A BILL
To enact section 5709.89 of the Revised Code to
authorize local governments to exempt homes that
have been vacant for at least twelve months from
property taxation for up to three years when
purchased by an owner-occupant.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5709.89 of the Revised Code be
enacted to read as follows:
Sec. 5709.89. (A) For purposes of this section:
(1) "Vacant home" means a single-family or condominium
dwelling that has not been occupied by the owner or any legal
tenant for the twelve consecutive months immediately preceding the
purchase described in this section. "Vacant home" includes so much
of the land surrounding it, not exceeding one acre, as is
reasonably necessary for the use of the dwelling as a home.
(2) "Purchase" includes a purchase under a land installment
contract conforming with Chapter 5313. of the Revised Code.
(3) "School district" means a city, local, exempted village,
joint vocational, or cooperative educational school district.
(B) For the public purpose of minimizing blight caused by the
presence of vacant housing, a board of township trustees or the
legislative authority of a municipal corporation, by resolution or
ordinance, may exempt from real property taxation vacant homes
situated in the township or municipal corporation and purchased
for not more than one hundred fifty thousand dollars by an
individual whose domicile is in this state and who occupies the
dwelling as the individual's principal residence within sixty days
after taking possession. The board or legislative authority shall
certify a copy of the resolution or ordinance to the county
auditor, who shall attach a copy of the resolution or ordinance to
each application for exemption.
The exemption commences with the tax year in which the deed
or other evidence of title is endorsed by the county auditor or,
in the case of a land installment contract, the tax year in which
the contract is recorded. The exemption ends at the conclusion of
the second ensuing tax year, or at the conclusion of the tax year
in which the individual ceases to own or occupy the dwelling as
the individual's principal residence, whichever occurs earlier.
The owner shall apply for exemption as provided in section 5715.27
of the Revised Code.
Notwithstanding division (C) of section 5713.08 and division
(A) of section 5713.081 of the Revised Code, the tax commissioner
shall remit any unpaid or delinquent taxes, penalties, and
interest charged against a property when the property becomes
entitled to the exemption authorized under this section.
The exemption and remission apply only to vacant homes
purchased on or after the effective date of the resolution or
ordinance.
(C)(1) Not later than forty-five days before adopting a
resolution or ordinance under division (B) of this section, the
board or legislative authority shall deliver to the board of
county commissioners of each county within which the territory of
the township or municipal corporation is located a notice that
states the board's or legislative authority's intent to adopt such
a resolution or ordinance. The notice shall include a copy of the
proposed resolution or ordinance and indicate the date on which
the board or legislative authority intends to adopt the resolution
or ordinance.
(2) The board of county commissioners, by resolution, may
object to the exemption. If the board objects, the board may
negotiate a mutually acceptable compensation agreement with the
board of township trustees or legislative authority. In no case
shall the compensation provided to the board exceed the property
taxes forgone due to the exemption. The board of county
commissioners shall certify its resolution to the board of
township trustees or legislative authority not later than thirty
days after receipt of the notice. If the board of county
commissioners does not object or fails to certify its resolution
objecting to an exemption within thirty days after receipt of the
notice, the board of township trustees or legislative authority
may adopt the resolution or ordinance, and no compensation shall
be provided to the board of county commissioners.
If the board of county commissioners timely certifies its
resolution objecting to the ordinance, the board of township
trustees or legislative authority may adopt the resolution or
ordinance only after a mutually acceptable compensation agreement
is entered.
(D) A board of township trustees or the legislative authority
of a municipal corporation that exempts property under this
section shall require the individual who purchased the vacant home
to make annual service payments in lieu of taxes to the county
treasurer on or before the final dates for payment of real
property taxes. Service payments shall be required for each tax
year for which the property is exempt. Each payment shall be
charged, collected, and distributed in the same manner and in the
same amount as the following property taxes that would have been
charged and payable against the property were it not for the
exemption authorized under this section:
(1) All school district property taxes; and
(2) Twenty-five per cent of taxes levied under division (L)
of section 5705.19 or section 5705.191 of the Revised Code for
community developmental disabilities programs and services
pursuant to Chapter 5126. of the Revised Code.
|