Bill Text: OH SB172 | 2013-2014 | 130th General Assembly | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To modify the laws governing land reutilization programs and property tax foreclosures and to make changes to the county auditor's review of real property conveyances.
Spectrum: Slight Partisan Bill (Democrat 26-15)
Status: (Passed) 2014-09-04 - Effective Date [SB172 Detail]
Download: Ohio-2013-SB172-Comm_Sub.html
As Reported by the Senate Public Safety, Local Government and Veterans Affairs Committee
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To modify the laws governing land reutilization programs and property tax foreclosures and to make changes to the county auditor's review of real property conveyances.
Spectrum: Slight Partisan Bill (Democrat 26-15)
Status: (Passed) 2014-09-04 - Effective Date [SB172 Detail]
Download: Ohio-2013-SB172-Comm_Sub.html
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Senator Patton
Cosponsors:
Senators Seitz, Hughes, Schiavoni, Skindell, LaRose, Bacon
To amend sections 317.32, 321.261, 323.131, 323.25, | 1 |
323.28, 323.47, 323.65, 323.69, 323.70, 323.71, | 2 |
323.73, 323.78, 323.79, 715.261, 743.04, 1724.02, | 3 |
1724.10, 2303.201, 2744.01, 5709.12, 5721.01, | 4 |
5721.03, 5721.14, 5721.18, 5721.19, 5721.36, | 5 |
5722.01, 5722.03, 5722.04, 5722.07, 5722.10, | 6 |
5722.11, 5723.04, 5723.12, and 6119.06 and to | 7 |
enact sections 323.691 and 5722.031 of the Revised | 8 |
Code to modify the laws governing land | 9 |
reutilization programs and property tax | 10 |
foreclosures. | 11 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 317.32, 321.261, 323.131, 323.25, | 12 |
323.28, 323.47, 323.65, 323.69, 323.70, 323.71, 323.73, 323.78, | 13 |
323.79, 715.261, 743.04, 1724.02, 1724.10, 2303.201, 2744.01, | 14 |
5709.12, 5721.01, 5721.03, 5721.14, 5721.18, 5721.19, 5721.36, | 15 |
5722.01, 5722.03, 5722.04, 5722.07, 5722.10, 5722.11, 5723.04, | 16 |
5723.12, and 6119.06 be amended and sections 323.691 and 5722.031 | 17 |
of the Revised Code be enacted to read as follows: | 18 |
Sec. 317.32. The county recorder shall charge and collect | 19 |
the following fees, to include, except as otherwise provided in | 20 |
division (A)(2) of this section, base fees for the recorder's | 21 |
services and housing trust fund fees collected pursuant to section | 22 |
317.36 of the Revised Code: | 23 |
(A)(1) Except as otherwise provided in division (A)(2) of | 24 |
this section, for recording and indexing an instrument if the | 25 |
photocopy or any similar process is employed, a base fee of | 26 |
fourteen dollars for the first two pages and a housing trust fund | 27 |
fee of fourteen dollars, and a base fee of four dollars and a | 28 |
housing trust fund fee of four dollars for each subsequent page, | 29 |
size eight and one-half inches by fourteen inches, or fraction of | 30 |
a page, including the caption page, of such instrument; | 31 |
(2) For recording and indexing an instrument described in | 32 |
division (D) of section 317.08 of the Revised Code if the | 33 |
photocopy or any similar process is employed, a fee of | 34 |
twenty-eight dollars for the first two pages to be deposited as | 35 |
specified elsewhere in this division, and a fee of eight dollars | 36 |
to be deposited in the same manner for each subsequent page, size | 37 |
eight and one-half inches by fourteen inches, or fraction of a | 38 |
page, including the caption page, of that instrument. If the | 39 |
county recorder's technology fund has been established under | 40 |
section 317.321 of the Revised Code, of the twenty-eight dollars, | 41 |
fourteen dollars shall be deposited into the county treasury to | 42 |
the credit of the county recorder's technology fund and fourteen | 43 |
dollars shall be deposited into the county treasury to the credit | 44 |
of the county general fund. If the county recorder's technology | 45 |
fund has not been established, the twenty-eight dollars shall be | 46 |
deposited into the county treasury to the credit of the county | 47 |
general fund. | 48 |
(B) For certifying a photocopy from the record previously | 49 |
recorded, a base fee of one dollar and a housing trust fund fee of | 50 |
one dollar per page, size eight and one-half inches by fourteen | 51 |
inches, or fraction of a page; for each certification if the | 52 |
recorder's seal is required, except as to instruments issued by | 53 |
the armed forces of the United States, a base fee of fifty cents | 54 |
and a housing trust fund fee of fifty cents; | 55 |
(C) For entering any marginal reference by separate recorded | 56 |
instrument, a base fee of two dollars and a housing trust fund fee | 57 |
of two dollars for each marginal reference set out in that | 58 |
instrument, in addition to the fees set forth in division (A)(1) | 59 |
of this section; | 60 |
(D) For indexing in the real estate mortgage records, | 61 |
pursuant to section 1309.519 of the Revised Code, financing | 62 |
statements covering crops growing or to be grown, timber to be | 63 |
cut, minerals or the like, including oil and gas, accounts subject | 64 |
to section 1309.301 of the Revised Code, or fixture filings made | 65 |
pursuant to section 1309.334 of the Revised Code, a base fee of | 66 |
two dollars and a housing trust fund fee of two dollars for each | 67 |
name indexed; | 68 |
(E) For filing zoning resolutions, including text and maps, | 69 |
in the office of the recorder as required under sections 303.11 | 70 |
and 519.11 of the Revised Code, a base fee of twenty-five dollars | 71 |
and a housing trust fund fee of twenty-five dollars, regardless of | 72 |
the size or length of the resolutions; | 73 |
(F) For filing zoning amendments, including text and maps, in | 74 |
the office of the recorder as required under sections 303.12 and | 75 |
519.12 of the Revised Code, a base fee of ten dollars and a | 76 |
housing trust fund fee of ten dollars regardless of the size or | 77 |
length of the amendments; | 78 |
(G) For photocopying a document, other than at the time of | 79 |
recording and indexing as provided for in division (A)(1) or (2) | 80 |
of this section, a base fee of one dollar and a housing trust fund | 81 |
fee of one dollar per page, size eight and one-half inches by | 82 |
fourteen inches, or fraction thereof; | 83 |
(H) For local facsimile transmission of a document, a base | 84 |
fee of one dollar and a housing trust fund fee of one dollar per | 85 |
page, size eight and one-half inches by fourteen inches, or | 86 |
fraction thereof; for long distance facsimile transmission of a | 87 |
document, a base fee of two dollars and a housing trust fund fee | 88 |
of two dollars per page, size eight and one-half inches by | 89 |
fourteen inches, or fraction thereof; | 90 |
(I) For recording a declaration executed pursuant to section | 91 |
2133.02 of the Revised Code or a durable power of attorney for | 92 |
health care executed pursuant to section 1337.12 of the Revised | 93 |
Code, or both a declaration and a durable power of attorney for | 94 |
health care, a base fee of at least fourteen dollars but not more | 95 |
than twenty dollars and a housing trust fund fee of at least | 96 |
fourteen dollars but not more than twenty dollars. | 97 |
In any county in which the recorder employs the photostatic | 98 |
or any similar process for recording maps, plats, or prints the | 99 |
recorder shall determine, charge, and collect for the recording or | 100 |
rerecording of any map, plat, or print, a base fee of five cents | 101 |
and a housing trust fund fee of five cents per square inch, for | 102 |
each square inch of the map, plat, or print filed for that | 103 |
recording or rerecording, with a minimum base fee of twenty | 104 |
dollars and a minimum housing trust fund fee of twenty dollars; | 105 |
for certifying a copy from the record, a base fee of two cents and | 106 |
a housing trust fund fee of two cents per square inch of the | 107 |
record, with a minimum base fee of two dollars and a minimum | 108 |
housing trust fund fee of two dollars. | 109 |
The fees provided in this section shall be paid upon the | 110 |
presentation of the instruments for record or upon the application | 111 |
for any certified copy of the record, except that the payment of | 112 |
fees for providing copies of instruments conveying or | 113 |
extinguishing agricultural easements to the office of farmland | 114 |
preservation in the department of agriculture under division (H) | 115 |
of section 5301.691 of the Revised Code shall be governed by that | 116 |
division. | 117 |
The fees provided for in this section shall not apply to the | 118 |
recording, indexing, or making of a certified copy or to the | 119 |
filing of any instrument by a county land reutilization | 120 |
corporation or any other electing subdivision as defined in | 121 |
section 5722.01 of the Revised Code. | 122 |
Sec. 321.261. (A) In each county treasury there shall be | 123 |
created the treasurer's delinquent tax and assessment collection | 124 |
fund and the prosecuting attorney's delinquent tax and assessment | 125 |
collection fund. Except as otherwise provided in this division, | 126 |
two and one-half per cent of all delinquent real property, | 127 |
personal property, and manufactured and mobile home taxes and | 128 |
assessments collected by the county treasurer shall be deposited | 129 |
in the treasurer's delinquent tax and assessment collection fund, | 130 |
and two and one-half per cent of such delinquent taxes and | 131 |
assessments shall be deposited in the prosecuting attorney's | 132 |
delinquent tax and assessment collection fund. The board of county | 133 |
commissioners shall appropriate to the county treasurer from the | 134 |
treasurer's delinquent tax and assessment collection fund, and | 135 |
shall appropriate to the prosecuting attorney from the prosecuting | 136 |
attorney's delinquent tax and assessment collection fund, money to | 137 |
the credit of the respective fund, and except as provided in | 138 |
division (D) of this section, the appropriation shall be used only | 139 |
for the following purposes: | 140 |
(1) By the county treasurer or the county prosecuting | 141 |
attorney in connection with the collection of delinquent real | 142 |
property, personal property, and manufactured and mobile home | 143 |
taxes and assessments, including proceedings related to | 144 |
foreclosure of the state's lien for such taxes against such | 145 |
property; | 146 |
(2) With respect to any portion of the amount appropriated | 147 |
from the treasurer's delinquent tax and assessment collection fund | 148 |
for the benefit of a county land reutilization corporation | 149 |
organized under Chapter 1724. of the Revised Code, the county land | 150 |
reutilization corporation. Upon the deposit of amounts in the | 151 |
treasurer's delinquent tax and assessment collection fund, any | 152 |
amounts allocated at the direction of the treasurer to the support | 153 |
of the county land reutilization corporation shall be paid out of | 154 |
such fund to the corporation upon a warrant of the county auditor. | 155 |
If the balance in the treasurer's or prosecuting attorney's | 156 |
delinquent tax and assessment collection fund exceeds three times | 157 |
the amount deposited into the fund in the preceding year, the | 158 |
treasurer or prosecuting attorney, on or before the twentieth day | 159 |
of October of the current year, may direct the county auditor to | 160 |
forgo the allocation of delinquent taxes and assessments to that | 161 |
officer's respective fund in the ensuing year. If the county | 162 |
auditor receives such direction, the auditor shall cause the | 163 |
portion of taxes and assessments that otherwise would be credited | 164 |
to the fund under this section in that ensuing year to be | 165 |
allocated and distributed among taxing units' funds as otherwise | 166 |
provided in this chapter and other applicable law. | 167 |
(B) During the period of time that a county land | 168 |
reutilization corporation is functioning as such on behalf of a | 169 |
county, the board of county commissioners, upon the request of the | 170 |
county treasurer, may designate by resolution that an additional | 171 |
amount, not exceeding five per cent of all collections of | 172 |
delinquent real property, personal property, and manufactured and | 173 |
mobile home taxes and assessments, shall be deposited in the | 174 |
treasurer's delinquent tax and assessment collection fund and be | 175 |
available for appropriation by the board for the use of the | 176 |
corporation. Any such amounts so deposited and appropriated under | 177 |
this division shall be paid out of the treasurer's delinquent tax | 178 |
and assessment collection fund to the corporation upon a warrant | 179 |
of the county auditor. | 180 |
(C) Annually by the first day of December, the county | 181 |
treasurer and the prosecuting attorney each shall submit a report | 182 |
to the board of county commissioners regarding the use of the | 183 |
moneys appropriated from their respective delinquent tax and | 184 |
assessment collection funds. Each report shall specify the amount | 185 |
appropriated from the fund during the current calendar year, an | 186 |
estimate of the amount so appropriated that will be expended by | 187 |
the end of the year, a summary of how the amount appropriated has | 188 |
been expended in connection with delinquent tax collection | 189 |
activities or land reutilization, and an estimate of the amount | 190 |
that will be credited to the fund during the ensuing calendar | 191 |
year. | 192 |
The annual report of a county land reutilization corporation | 193 |
required by section 1724.05 of the Revised Code shall include | 194 |
information regarding the amount and use of the moneys that the | 195 |
corporation received from the treasurer's delinquent tax and | 196 |
assessment collection fund. | 197 |
(D)(1) In any county, if the county treasurer or prosecuting | 198 |
attorney determines that the balance to the credit of that | 199 |
officer's corresponding delinquent tax and assessment collection | 200 |
fund exceeds the amount required to be used as prescribed by | 201 |
division (A) of this section, the county treasurer or prosecuting | 202 |
attorney may expend the excess to prevent residential mortgage | 203 |
foreclosures in the county and to address problems associated with | 204 |
other foreclosed real property. The amount used for that purpose | 205 |
in any year may not exceed the amount that would cause the fund to | 206 |
have a reserve of less than twenty per cent of the amount expended | 207 |
in the preceding year for the purposes of division (A) of this | 208 |
section. | 209 |
210 | |
211 | |
212 | |
213 |
Money authorized to be expended under division (D)(1) of this | 214 |
section shall be used to provide financial assistance in the form | 215 |
of loans to borrowers in default on their home mortgages, | 216 |
including for the payment of late fees, to clear arrearage | 217 |
balances, and to augment moneys used in the county's foreclosure | 218 |
prevention program. The money also may be used to assist county | 219 |
land reutilization corporations, municipal corporations, or | 220 |
townships in the county, upon their application to the county | 221 |
treasurer, prosecuting attorney, or the county department of | 222 |
development, in the nuisance abatement of deteriorated residential | 223 |
buildings in foreclosure, or vacant, abandoned, tax-delinquent, or | 224 |
blighted real property, including paying the costs of boarding up | 225 |
such buildings, lot maintenance, and demolition. | 226 |
(2) In a county having a population of more than one hundred | 227 |
thousand according to the department of development's 2006 census | 228 |
estimate, if the county treasurer or prosecuting attorney | 229 |
determines that the balance to the credit of that officer's | 230 |
corresponding delinquent tax and assessment collection fund | 231 |
exceeds the amount required to be used as prescribed by division | 232 |
(A) of this section, the county treasurer or prosecuting attorney | 233 |
may expend the excess to assist county land reutilization | 234 |
corporations, townships, or municipal corporations located in the | 235 |
county as provided in division (D)(2) of this section, provided | 236 |
that the combined amount so expended each year in a county shall | 237 |
not exceed | 238 |
funds by a county land reutilization corporation, township, or | 239 |
municipal corporation, the county treasurer or prosecuting | 240 |
attorney may assist the county land reutilization corporation, | 241 |
township, or municipal corporation in abating foreclosed | 242 |
residential nuisances, including paying the costs of securing such | 243 |
buildings, lot maintenance, and demolition. At the prosecuting | 244 |
attorney's discretion, the prosecuting attorney also may apply the | 245 |
funds to costs of prosecuting alleged violations of criminal and | 246 |
civil laws governing real estate and related transactions, | 247 |
including fraud and abuse. | 248 |
Sec. 323.131. (A) Each tax bill prepared and mailed or | 249 |
delivered under section 323.13 of the Revised Code shall be in the | 250 |
form and contain the information required by the tax commissioner. | 251 |
The commissioner may prescribe different forms for each county and | 252 |
may authorize the county auditor to make up tax bills and tax | 253 |
receipts to be used by the county treasurer. For any county in | 254 |
which the board of county commissioners has granted a partial | 255 |
property tax exemption on homesteads under section 323.158 of the | 256 |
Revised Code, the commissioner shall require that the tax bills | 257 |
for those homesteads include a notice of the amount of the tax | 258 |
reduction that results from the partial exemption. In addition to | 259 |
the information required by the commissioner, each tax bill shall | 260 |
contain the following information: | 261 |
(1) The taxes levied and the taxes charged and payable | 262 |
against the property; | 263 |
(2) The effective tax rate. The words "effective tax rate" | 264 |
shall appear in boldface type. | 265 |
(3) The following notices: | 266 |
(a) "Notice: If the taxes are not paid within | 267 |
days from the date they are due, the property is subject to | 268 |
foreclosure for tax delinquency." Failure to provide such notice | 269 |
has no effect upon the validity of any tax foreclosure to which a | 270 |
property is subjected. | 271 |
(b) "Notice: If the taxes charged against this parcel have | 272 |
been reduced by the 2-1/2 per cent tax reduction for residences | 273 |
occupied by the owner but the property is not a residence occupied | 274 |
by the owner, the owner must notify the county auditor's office | 275 |
not later than March 31 of the year following the year for which | 276 |
the taxes are due. Failure to do so may result in the owner being | 277 |
convicted of a fourth degree misdemeanor, which is punishable by | 278 |
imprisonment up to 30 days, a fine up to $250, or both, and in the | 279 |
owner having to repay the amount by which the taxes were | 280 |
erroneously or illegally reduced, plus any interest that may | 281 |
apply. | 282 |
If the taxes charged against this parcel have not been | 283 |
reduced by the 2-1/2 per cent tax reduction and the parcel | 284 |
includes a residence occupied by the owner, the parcel may qualify | 285 |
for the tax reduction. To obtain an application for the tax | 286 |
reduction or further information, the owner may contact the county | 287 |
auditor's office at .......... (insert the address and telephone | 288 |
number of the county auditor's office)." | 289 |
(4) For a tract or lot on the real property tax suspension | 290 |
list under section 319.48 of the Revised Code, the following | 291 |
notice: "Notice: The taxes shown due on this bill are for the | 292 |
current year only. Delinquent taxes, penalties, and interest also | 293 |
are due on this property. Contact the county treasurer to learn | 294 |
the total amount due." | 295 |
The tax bill shall not contain or be mailed or delivered with | 296 |
any information or material that is not required by this section | 297 |
or that is not authorized by section 321.45 of the Revised Code or | 298 |
by the tax commissioner. | 299 |
(B) If the property is residential rental property, the tax | 300 |
bill shall contain a statement that the owner of the residential | 301 |
rental property shall file with the county auditor the information | 302 |
required under division (A) or (C) of section 5323.02 of the | 303 |
Revised Code. | 304 |
(C) As used in this section, "residential rental property" | 305 |
has the same meaning as in section 5323.01 of the Revised Code. | 306 |
Sec. 323.25. When taxes charged against an entry on the tax | 307 |
duplicate, or any part of those taxes, are not paid within sixty | 308 |
days after delivery of the delinquent land duplicate to the county | 309 |
treasurer as prescribed by section 5721.011 of the Revised Code, | 310 |
the county treasurer shall enforce the lien for the taxes by civil | 311 |
action in the treasurer's official capacity as treasurer, for the | 312 |
sale of such premises in the same way mortgage liens are enforced | 313 |
or for the transfer of such premises to an electing subdivision | 314 |
pursuant to section 323.28 or 323.78 of the Revised Code, in the | 315 |
court of common pleas of the county, in a municipal court with | 316 |
jurisdiction, or in the county board of revision with jurisdiction | 317 |
pursuant to section 323.66 of the Revised Code.
| 318 |
this section prohibits the treasurer from instituting such an | 319 |
action before the delinquent tax list or delinquent vacant land | 320 |
tax list that includes the premises has been published pursuant to | 321 |
division (B) of section 5721.03 of the Revised Code if the list is | 322 |
not published within the time prescribed by that division. | 323 |
After the civil action has been instituted, but before the | 324 |
expiration of the applicable redemption period, any person | 325 |
entitled to redeem the land may do so by tendering to the county | 326 |
treasurer an amount sufficient, as determined by the court or | 327 |
board of revision, to pay the taxes, assessments, penalties, | 328 |
interest, and charges then due and unpaid, and the costs incurred | 329 |
in the civil action, and by demonstrating that the property is in | 330 |
compliance with all applicable zoning regulations, land use | 331 |
restrictions, and building, health, and safety codes. | 332 |
If the delinquent land duplicate lists minerals or rights to | 333 |
minerals listed pursuant to sections 5713.04, 5713.05, and 5713.06 | 334 |
of the Revised Code, the county treasurer may enforce the lien for | 335 |
taxes against such minerals or rights to minerals by civil action, | 336 |
in the treasurer's official capacity as treasurer, in the manner | 337 |
prescribed by this section, or proceed as provided under section | 338 |
5721.46 of the Revised Code. | 339 |
If service by publication is necessary, such publication | 340 |
shall be made once a week for three consecutive weeks instead of | 341 |
as provided by the Rules of Civil Procedure, and the service shall | 342 |
be complete at the expiration of three weeks after the date of the | 343 |
first publication. If the prosecuting attorney determines that | 344 |
service upon a defendant may be obtained ultimately only by | 345 |
publication, the prosecuting attorney may cause service to be made | 346 |
simultaneously by certified mail, return receipt requested, | 347 |
ordinary mail, and publication. The county treasurer shall not | 348 |
enforce the lien for taxes against real property to which any of | 349 |
the following applies: | 350 |
(A) The real property is the subject of an application for | 351 |
exemption from taxation under section 5715.27 of the Revised Code | 352 |
and does not appear on the delinquent land duplicate; | 353 |
(B) The real property is the subject of a valid delinquent | 354 |
tax contract under section 323.31 of the Revised Code for which | 355 |
the county treasurer has not made certification to the county | 356 |
auditor that the delinquent tax contract has become void in | 357 |
accordance with that section; | 358 |
(C) A tax certificate respecting that property has been sold | 359 |
under section 5721.32 or 5721.33 of the Revised Code; provided, | 360 |
however, that nothing in this division shall prohibit the county | 361 |
treasurer or the county prosecuting attorney from enforcing the | 362 |
lien of the state and its political subdivisions for taxes against | 363 |
a certificate parcel with respect to any or all of such taxes that | 364 |
at the time of enforcement of such lien are not the subject of a | 365 |
tax certificate. | 366 |
Upon application of the plaintiff, the court shall advance | 367 |
such cause on the docket, so that it may be first heard. | 368 |
The court may order that the proceeding be transferred to the | 369 |
county board of revision if so authorized under section 323.691 of | 370 |
the Revised Code. | 371 |
Sec. 323.28. (A) A finding shall be entered in a proceeding | 372 |
under section 323.25 of the Revised Code for taxes, assessments, | 373 |
penalties, interest, and charges due and payable at the time the | 374 |
deed of real property sold or transferred under this section is | 375 |
transferred to the purchaser or transferee, plus the cost of the | 376 |
proceeding. For purposes of determining such amount, the county | 377 |
treasurer may estimate the amount of taxes, assessments, interest, | 378 |
penalties, charges, and costs that will be payable at the time the | 379 |
deed of the property is transferred to the purchaser or | 380 |
transferee. | 381 |
The court of common pleas, a municipal court with | 382 |
jurisdiction, or the county board of revision with jurisdiction | 383 |
pursuant to section 323.66 of the Revised Code shall order such | 384 |
premises to be transferred pursuant to division (E) of this | 385 |
section or shall order such premises to be sold for payment of the | 386 |
finding, but for not less than either of the following, unless the | 387 |
county treasurer applies for an appraisal: | 388 |
(1) The total amount of such finding; | 389 |
(2) The fair market value of the premises, as determined by | 390 |
the county auditor, plus the cost of the proceeding. | 391 |
If the county treasurer applies for an appraisal, the | 392 |
premises shall be appraised in the manner provided by section | 393 |
2329.17 of the Revised Code, and shall be sold for at least | 394 |
two-thirds of the appraised value. | 395 |
Notwithstanding the minimum sales price provisions of | 396 |
divisions (A)(1) and (2) of this section to the contrary, a parcel | 397 |
sold pursuant to this section shall not be sold for less than the | 398 |
amount described in division (A)(1) of this section if the highest | 399 |
bidder is the owner of record of the parcel immediately prior to | 400 |
the judgment of foreclosure or a member of the following class of | 401 |
parties connected to that owner: a member of that owner's | 402 |
immediate family, a person with a power of attorney appointed by | 403 |
that owner who subsequently transfers the parcel to the owner, a | 404 |
sole proprietorship owned by that owner or a member of the owner's | 405 |
immediate family, or partnership, trust, business trust, | 406 |
corporation, or association in which the owner or a member of the | 407 |
owner's immediate family owns or controls directly or indirectly | 408 |
more than fifty per cent. If a parcel sells for less than the | 409 |
amount described in division (A)(1) of this section, the officer | 410 |
conducting the sale shall require the buyer to complete an | 411 |
affidavit stating that the buyer is not the owner of record | 412 |
immediately prior to the judgment of foreclosure or a member of | 413 |
the specified class of parties connected to that owner, and the | 414 |
affidavit shall become part of the court records of the | 415 |
proceeding. If the county auditor discovers within three years | 416 |
after the date of the sale that a parcel was sold to that owner or | 417 |
a member of the specified class of parties connected to that owner | 418 |
for a price less than the amount so described, and if the parcel | 419 |
is still owned by that owner or a member of the specified class of | 420 |
parties connected to that owner, the auditor within thirty days | 421 |
after such discovery shall add the difference between that amount | 422 |
and the sale price to the amount of taxes that then stand charged | 423 |
against the parcel and is payable at the next succeeding date for | 424 |
payment of real property taxes. As used in this paragraph, | 425 |
"immediate family" means a spouse who resides in the same | 426 |
household and children. | 427 |
(B) From the proceeds of the sale the costs shall be first | 428 |
paid, next the amount found due for taxes, then the amount of any | 429 |
taxes accruing after the entry of the finding and before the deed | 430 |
of the property is transferred to the purchaser following the | 431 |
sale, all of which taxes shall be deemed satisfied, though the | 432 |
amount applicable to them is deficient, and any balance shall be | 433 |
distributed according to section 5721.20 of the Revised Code. No | 434 |
statute of limitations shall apply to such action. Upon sale, all | 435 |
liens for taxes due at the time the deed of the property is | 436 |
transferred to the purchaser following the sale, and liens | 437 |
subordinate to liens for taxes, shall be deemed satisfied and | 438 |
discharged unless otherwise provided by the order of sale. | 439 |
(C) If the county treasurer's estimate of the amount of the | 440 |
finding under division (A) of this section exceeds the amount of | 441 |
taxes, assessments, interest, penalties, and costs actually | 442 |
payable when the deed is transferred to the purchaser, the officer | 443 |
who conducted the sale shall refund to the purchaser the | 444 |
difference between the estimate and the amount actually payable. | 445 |
If the amount of taxes, assessments, interest, penalties, and | 446 |
costs actually payable when the deed is transferred to the | 447 |
purchaser exceeds the county treasurer's estimate, the officer | 448 |
shall certify the amount of the excess to the treasurer, who shall | 449 |
enter that amount on the real and public utility property tax | 450 |
duplicate opposite the property; the amount of the excess shall be | 451 |
payable at the next succeeding date prescribed for payment of | 452 |
taxes in section 323.12 of the Revised Code, and shall not be | 453 |
deemed satisfied and discharged pursuant to division (B) of this | 454 |
section. | 455 |
(D) Premises ordered to be sold under this section but | 456 |
remaining unsold for want of bidders after being offered for sale | 457 |
on two separate occasions, not less than two weeks apart, or after | 458 |
being offered for sale on one occasion in the case of abandoned | 459 |
land as defined in section 323.65 of the Revised Code, shall be | 460 |
forfeited to the state or to a political subdivision, school | 461 |
district, or county land reutilization corporation pursuant to | 462 |
Chapter 5722. or section 5723.01 of the Revised Code, and shall be | 463 |
disposed of pursuant to Chapter 5722. or 5723. of the Revised | 464 |
Code. | 465 |
(E) Notwithstanding section 5722.03 of the Revised Code, if | 466 |
the complaint alleges that the property is delinquent vacant land | 467 |
as defined in section 5721.01 of the Revised Code, abandoned lands | 468 |
as defined in section 323.65 of the Revised Code, or lands | 469 |
described in division | 470 |
Code, and the value of the taxes, assessments, penalties, | 471 |
interest, and all other charges and costs of the action exceed the | 472 |
auditor's fair market value of the parcel, then the court or board | 473 |
of revision having jurisdiction over the matter on motion of the | 474 |
plaintiff, or on the court's or board's own motion, shall, upon | 475 |
any adjudication of foreclosure, order, without appraisal and | 476 |
without sale, the fee simple title of the property to be | 477 |
transferred to and vested in an electing subdivision as defined in | 478 |
division (A) of section 5722.01 of the Revised Code. For purposes | 479 |
of determining whether the taxes, assessments, penalties, | 480 |
interest, and all other charges and costs of the action exceed the | 481 |
actual fair market value of the parcel, the auditor's most current | 482 |
valuation shall be rebuttably presumed to be, and constitute | 483 |
prima-facie evidence of, the fair market value of the parcel. In | 484 |
such case, the filing for journalization of a decree of | 485 |
foreclosure ordering that direct transfer without appraisal or | 486 |
sale shall constitute confirmation of the transfer and thereby | 487 |
terminate any further statutory or common law right of redemption. | 488 |
(F) Whenever the officer charged to conduct the sale offers | 489 |
any parcel for sale, the officer first shall read aloud a complete | 490 |
legal description of the parcel, or in the alternative, may read | 491 |
aloud only a summary description and a parcel number if the county | 492 |
has adopted a permanent parcel number system and if the | 493 |
advertising notice published prior to the sale includes a complete | 494 |
legal description or indicates where the complete legal | 495 |
description may be obtained. | 496 |
Sec. 323.47. (A) If land held by tenants in common is sold | 497 |
upon proceedings in partition, or taken by the election of any of | 498 |
the parties to such proceedings, or real estate is sold by | 499 |
administrators, executors, guardians, or trustees, the court shall | 500 |
order that the taxes, penalties, and assessments then due and | 501 |
payable, and interest on those taxes, penalties, and assessments, | 502 |
that are or will be a lien on such land or real estate at the time | 503 |
the deed is transferred following the sale, be discharged out of | 504 |
the proceeds of such sale or election. For purposes of determining | 505 |
such amount, the county treasurer shall estimate the amount of | 506 |
taxes, assessments, interest, and penalties that will be payable | 507 |
at the time the deed of the property is transferred to the | 508 |
purchaser. If the county treasurer's estimate exceeds the amount | 509 |
of taxes, assessments, interest, and penalties actually payable | 510 |
when the deed is transferred to the purchaser, the officer who | 511 |
conducted the sale shall refund to the purchaser the difference | 512 |
between the estimate and the amount actually payable. If the | 513 |
amount of taxes, assessments, interest, and penalties actually | 514 |
payable when the deed is transferred to the purchaser exceeds the | 515 |
county treasurer's estimate, the officer shall certify the amount | 516 |
of the excess to the treasurer, who shall enter that amount on the | 517 |
real and public utility property tax duplicate opposite the | 518 |
property; the amount of the excess shall be payable at the next | 519 |
succeeding date prescribed for payment of taxes in section 323.12 | 520 |
of the Revised Code. | 521 |
(B)(1) | 522 |
section, if real estate is sold at judicial sale, the court shall | 523 |
order that the total of the following amounts shall be discharged | 524 |
out of the proceeds of the sale but only to the extent of such | 525 |
proceeds: | 526 |
(a) Taxes and assessments the lien for which attaches before | 527 |
the confirmation of sale but that are not yet determined, | 528 |
assessed, and levied for the year in which confirmation occurs, | 529 |
apportioned pro rata to the part of that year that precedes | 530 |
confirmation, and any penalties and interest on those taxes and | 531 |
assessments; | 532 |
(b) All other taxes, assessments, penalties, and interest the | 533 |
lien for which attached for a prior tax year but that have not | 534 |
been paid on or before the date of confirmation. | 535 |
(2) Upon the request of the officer who conducted the sale, | 536 |
the county treasurer shall estimate the amount in division | 537 |
(B)(1)(a) of this section. If the county treasurer's estimate | 538 |
exceeds that amount, the officer who conducted the sale shall | 539 |
refund to the purchaser the difference between the estimate and | 540 |
the actual amount. If the actual amount exceeds the county | 541 |
treasurer's estimate, the officer shall certify the amount of the | 542 |
excess to the treasurer, who shall enter that amount on the real | 543 |
and public utility property tax duplicate opposite the property; | 544 |
the amount of the excess shall be payable at the next succeeding | 545 |
date prescribed for payment of taxes in section 323.12 of the | 546 |
Revised Code. | 547 |
(3) The amounts described in division (B)(1) of this section | 548 |
shall not be discharged out of the proceeds of a judicial sale, | 549 |
but shall instead be deemed to be satisfied and discharged upon | 550 |
confirmation of sale, if both of the following conditions apply: | 551 |
(a) The real estate is sold pursuant to a foreclosure | 552 |
proceeding other than a tax foreclosure proceeding initiated under | 553 |
section 323.25, sections 323.65 to 323.79, or Chapter 5721. of the | 554 |
Revised Code. | 555 |
(b) A county land reutilization corporation organized under | 556 |
Chapter 1724. of the Revised Code is both the purchaser of the | 557 |
real estate and the judgment creditor or assignee of all rights, | 558 |
title, and interest in the judgment arising from the foreclosure | 559 |
proceeding. | 560 |
Sec. 323.65. As used in sections 323.65 to 323.79 of the | 561 |
Revised Code: | 562 |
(A) "Abandoned land" means delinquent lands or delinquent | 563 |
vacant lands, including any improvements on the lands, that are | 564 |
unoccupied and that first appeared on the list compiled under | 565 |
division (C) of section 323.67 of the Revised Code, or the | 566 |
delinquent tax list or delinquent vacant land tax list compiled | 567 |
under section 5721.03 of the Revised Code, at whichever of the | 568 |
following times is applicable: | 569 |
(1) In the case of lands other than agricultural lands, at | 570 |
any time after the county auditor makes the certification of the | 571 |
delinquent land list under section 5721.011 of the Revised Code; | 572 |
(2) In the case of agricultural lands, at any time after two | 573 |
years after the county auditor makes the certification of the | 574 |
delinquent land list under section 5721.011 of the Revised Code. | 575 |
(B) "Agricultural land" means lands on the agricultural land | 576 |
tax list maintained under section 5713.33 of the Revised Code. | 577 |
(C) "Clerk of court" means the clerk of the court of common | 578 |
pleas of the county in which specified abandoned land is located. | 579 |
(D) "Delinquent lands" | 580 |
the same | 581 |
Code. | 582 |
(E) | 583 |
584 |
| 585 |
penalties, interest, costs, reasonable attorney's fees of a | 586 |
certificate holder, applicable and permissible costs of the | 587 |
prosecuting attorney of a county, and other permissible charges | 588 |
against abandoned land. | 589 |
| 590 |
land, means any of the following: | 591 |
(a) No building, structure, land, or other improvement that | 592 |
is subject to taxation and that is located on the parcel is | 593 |
physically inhabited as a dwelling; | 594 |
(b) No trade or business is actively being conducted on the | 595 |
parcel by the owner, a tenant, or another party occupying the | 596 |
parcel pursuant to a lease or other legal authority, or in a | 597 |
building, structure, or other improvement that is subject to | 598 |
taxation and that is located on the parcel; | 599 |
(c) The parcel is uninhabited and there are no signs that it | 600 |
is undergoing a change in tenancy and remains legally habitable, | 601 |
or that it is undergoing improvements, as indicated by an | 602 |
application for a building permit or other facts indicating that | 603 |
the parcel is experiencing ongoing improvements | 604 |
| 605 |
606 |
(2) For purposes of division | 607 |
prima-facie evidence and a rebuttable presumption that may be | 608 |
rebutted to the county board of revision that | 609 |
of land is unoccupied if, at the time the county auditor makes the | 610 |
certification under section 5721.011 of the Revised Code, the | 611 |
612 | |
the following apply: | 613 |
(a) At the time of the inspection of the | 614 |
parcel by a county, municipal corporation, or township in which | 615 |
the | 616 |
business inhabits, or is visibly present from an exterior | 617 |
inspection of, the | 618 |
(b) No utility connections, including, but not limited to, | 619 |
water, sewer, natural gas, or electric connections, service the | 620 |
621 | |
being billed by any utility provider regarding the | 622 |
parcel. | 623 |
(c) The | 624 |
boarded up or otherwise sealed because, immediately prior to being | 625 |
boarded up or sealed, it was deemed by a political subdivision | 626 |
pursuant to its municipal, county, state, or federal authority to | 627 |
be open, vacant, or vandalized. | 628 |
(d) The parcel or any improvement thereon is, upon visible | 629 |
inspection, insecure, vacant, or vandalized. | 630 |
| 631 |
corporation that is formed or organized under Chapter 1702. or | 632 |
1724. of the Revised Code and to which both of the following | 633 |
apply: | 634 |
(1) The organization is in good standing under law at the | 635 |
time the county auditor makes the certification under section | 636 |
5721.011 of the Revised Code and has remained in good standing | 637 |
uninterrupted for at least the two years immediately preceding the | 638 |
time of that certification or, in the case of a county land | 639 |
reutilization corporation, has remained so from the date of | 640 |
organization if less than two years. | 641 |
(2) As of the time the county auditor makes the certification | 642 |
under section 5721.011 of the Revised Code, the organization has | 643 |
received from the county, municipal corporation, or township in | 644 |
which abandoned land is located official authority or agreement by | 645 |
a duly authorized officer of that county, municipal corporation, | 646 |
or township to accept the owner's fee simple interest in the | 647 |
abandoned land and to the abandoned land being foreclosed, and | 648 |
that official authority or agreement had been delivered to the | 649 |
county treasurer or county board of revision in a form that will | 650 |
reasonably confirm the county's, municipal corporation's, or | 651 |
township's assent to transfer the land to that community | 652 |
development organization under section 323.74 of the Revised Code. | 653 |
No such official authority or agreement by a duly authorized | 654 |
officer of a county, municipal corporation, or township must be | 655 |
received if a county land reutilization corporation is authorized | 656 |
to receive tax-foreclosed property under its articles of | 657 |
incorporation, regulations, or Chapter 1724. of the Revised Code. | 658 |
| 659 |
section 5721.30 of the Revised Code. | 660 |
| 661 |
lands compiled under division (A) of section 323.67 of the Revised | 662 |
Code. | 663 |
| 664 |
foreclose the state's lien for unpaid delinquent taxes, | 665 |
assessments, charges, penalties, interest, and costs on a parcel | 666 |
of real property pursuant to section 323.25, sections 323.65 to | 667 |
323.79, or section 5721.18 of the Revised Code, means | 668 |
twenty-eight days after an adjudication of foreclosure of the | 669 |
parcel is journalized by a court or county board of revision | 670 |
having jurisdiction over the foreclosure proceedings. Upon the | 671 |
expiration of the alternative redemption period, the right and | 672 |
equity of redemption of any owner or party shall terminate without | 673 |
further order of the court or board of revision. As used in any | 674 |
section of the Revised Code and for any proceeding under this | 675 |
chapter or section 5721.18 of the Revised Code, for purposes of | 676 |
determining the alternative redemption period, the period | 677 |
commences on the day immediately following the journalization of | 678 |
the adjudication of foreclosure and ends on and includes the | 679 |
680 |
| 681 |
corporation organized under Chapter 1724. of the Revised Code. | 682 |
Sec. 323.69. (A) Upon the completion of the title search | 683 |
required by section 323.68 of the Revised Code, the prosecuting | 684 |
attorney, representing the county treasurer, the county land | 685 |
reutilization corporation, or the certificate holder may file with | 686 |
the clerk of court a complaint for the foreclosure of each parcel | 687 |
of abandoned land appearing on the abandoned land list, and for | 688 |
the equity of redemption on each parcel. The complaint shall name | 689 |
all parties having any interest of record in the abandoned land | 690 |
that was discovered in the title search. The prosecuting attorney, | 691 |
county land reutilization corporation, or certificate holder may | 692 |
file such a complaint regardless of whether the parcel has | 693 |
appeared on a delinquent tax list or delinquent vacant land tax | 694 |
list published pursuant to division (B) of section 5721.03 of the | 695 |
Revised Code. | 696 |
(B)(1) In accordance with Civil Rule 4, the clerk of court | 697 |
promptly shall serve notice of the summons and the complaint filed | 698 |
under division (A) of this section to the last known address of | 699 |
the record owner of the abandoned land and to the last known | 700 |
address of each lienholder or other person having a legal or | 701 |
equitable ownership interest or security interest of record | 702 |
identified by the title search. The notice shall inform the | 703 |
addressee that delinquent taxes stand charged against the | 704 |
abandoned land; that the land will be sold at public auction or | 705 |
otherwise disposed of if not redeemed by the owner or other | 706 |
addressee; that the sale or transfer will occur at a date, time, | 707 |
and place, and in the manner prescribed in sections 323.65 to | 708 |
323.79 of the Revised Code; that the owner or other addressee may | 709 |
redeem the land by paying the total of the impositions against the | 710 |
land at any time before confirmation of sale or transfer of the | 711 |
parcel as prescribed in sections 323.65 to 323.79 of the Revised | 712 |
Code or before the expiration of the alternative redemption | 713 |
period, as may be applicable to the proceeding; that the case is | 714 |
being prosecuted by the prosecuting attorney of the county in the | 715 |
name of the county treasurer for the county in which the abandoned | 716 |
land is located or by a certificate holder, whichever is | 717 |
applicable; of the name, address, and telephone number of the | 718 |
county board of revision before which the action is pending; of | 719 |
the board case number for the action, which shall be maintained in | 720 |
the official file and docket of the clerk of court; and that all | 721 |
subsequent pleadings, petitions, and papers associated with the | 722 |
case and filed by any interested party must be filed with the | 723 |
clerk of court and will become part of the case file for the board | 724 |
of revision. | 725 |
(2) The notice required by division (B)(1) of this section | 726 |
also shall inform the addressee that any owner of record may, at | 727 |
any time on or before the | 728 |
of process is perfected, file a pleading with the clerk of court | 729 |
requesting that the board dismiss the complaint | 730 |
731 | |
732 | |
that, | 733 |
734 | |
abandoned land | 735 |
be disposed of under sections 323.65 to 323.79 of the Revised | 736 |
Code | 737 |
notice under division (B)(1) of this section sells or otherwise | 738 |
conveys the owner's ownership interest, and that any future | 739 |
attempts to collect delinquent taxes, interest, penalties, and | 740 |
charges owed with respect to that land and appearing on the | 741 |
delinquent tax list or delinquent vacant land tax list, whichever | 742 |
the case may be, will be conducted in accordance with the judicial | 743 |
foreclosure proceedings and other remedies and procedures | 744 |
prescribed under sections 323.25 to 323.28 or under Chapters | 745 |
5721., 5722., and 5723. of the Revised Code until the record owner | 746 |
sells or otherwise conveys the owner's ownership interest. | 747 |
(3) A party that is served with notice of the summons and the | 748 |
complaint by publication as provided in section 5721.18 of the | 749 |
Revised Code shall answer, plead, or appear in the proceeding | 750 |
within thirty days after final publication of the notice. If the | 751 |
party fails to answer, plead, or appear before that deadline, the | 752 |
party shall be deemed to be in default and no further service as | 753 |
to any subsequent proceedings is required on the party. | 754 |
(C) Subsequent pleadings, motions, or papers associated with | 755 |
the case and filed with the clerk of court shall be served upon | 756 |
all parties of record in accordance with Civil Rules 4 and 5, | 757 |
except that service by publication in any case requiring such | 758 |
service shall require that any such publication shall be | 759 |
advertised in the manner, and for the time periods and frequency, | 760 |
prescribed in section 5721.18 of the Revised Code. A party that | 761 |
fails to appear after being served with notice of a final or | 762 |
interim hearing | 763 |
be in default, and no further service as to any subsequent | 764 |
proceedings is required on such a party. Any inadvertent | 765 |
noncompliance with those rules does not serve to defeat or | 766 |
terminate the case, or subject the case to dismissal, as long as | 767 |
actual notice or service of filed papers is shown by a | 768 |
preponderance of the evidence or is acknowledged by the party | 769 |
charged with notice or service, including by having made an | 770 |
appearance or filing in relation to the case. The county board of | 771 |
revision may conduct evidentiary hearings on the sufficiency of | 772 |
process, service of process, or sufficiency of service of papers | 773 |
in any proceeding arising from a complaint filed under this | 774 |
section. Other than the notice and service provisions contained in | 775 |
Civil Rules 4 and 5, the Rules of Civil Procedure shall not be | 776 |
applicable to the proceedings of the board. The board of revision | 777 |
may utilize procedures contained in the Rules of Civil Procedure | 778 |
to the extent that such use facilitates the needs of the | 779 |
proceedings, such as vacating orders, correcting clerical | 780 |
mistakes, and providing notice to parties. To the extent not | 781 |
otherwise provided in sections 323.65 to 323.79 of the Revised | 782 |
Code, the board may apply the procedures prescribed by sections | 783 |
323.25 to 323.28 or Chapters 5721., 5722., and 5723. of the | 784 |
Revised Code. Board practice shall be in accordance with the | 785 |
practice and rules, if any, of the board that are promulgated by | 786 |
the board under section 323.66 of the Revised Code and are not | 787 |
inconsistent with sections 323.65 to 323.79 of the Revised Code. | 788 |
(D) At any time after a foreclosure action is filed under | 789 |
this section, the county board of revision may, upon its own | 790 |
motion, dismiss the case without prejudice if it determines that, | 791 |
given the complexity of the case or other circumstances, a court | 792 |
would be a more appropriate forum for the action. | 793 |
Sec. 323.691. (A)(1) A county board of revision may order | 794 |
that a proceeding arising from a complaint filed under section | 795 |
323.69 of the Revised Code be transferred to the court of common | 796 |
pleas or to a municipal court with jurisdiction. The board may | 797 |
order such a transfer upon the motion of the record owner of the | 798 |
parcel or the county prosecuting attorney, representing the county | 799 |
treasurer, or upon its own motion. | 800 |
(2) A court of common pleas or municipal court may order that | 801 |
a proceeding arising from a complaint filed under sections 323.25 | 802 |
to 323.28 or Chapter 5721. of the Revised Code be transferred to a | 803 |
county board of revision if the court determines that the real | 804 |
property that is the subject of the complaint is abandoned land, | 805 |
provided that the appropriate board of revision has adopted a | 806 |
resolution under section 323.66 of the Revised Code to adjudicate | 807 |
cases as provided under sections 323.65 to 323.79 of the Revised | 808 |
Code. There is a rebuttable presumption that a parcel of land is | 809 |
unoccupied if any of the factors described in division (F)(2) of | 810 |
section 323.65 of the Revised Code apply to the parcel. The court | 811 |
may order a transfer under this division upon the motion of the | 812 |
record owner of the parcel or the county prosecuting attorney, | 813 |
representing the county treasurer, or upon its own motion. | 814 |
(B) On or before the twenty-eighth day after the | 815 |
journalization of an order of transfer issued pursuant to division | 816 |
(A) of this section, the county prosecuting attorney shall file a | 817 |
copy of the journalized order of transfer and a notice of transfer | 818 |
and dismissal with the clerk of court and with the court or board | 819 |
to which the case was transferred. In any action transferred to a | 820 |
county board of revision, the prosecuting attorney shall serve the | 821 |
notice of transfer upon all parties to the action except any party | 822 |
that previously failed to answer, plea, or appear in the | 823 |
proceeding as required in Civil Rule 12. In any action transferred | 824 |
to a court, the prosecuting attorney shall serve the notice of | 825 |
transfer upon all parties to the action except those parties | 826 |
deemed to be in default under division (C) of section 323.69 of | 827 |
the Revised Code. | 828 |
(C) Upon journalization of the order of transfer, the clerk | 829 |
of court shall proceed as if the transferred complaint had been | 830 |
filed with the court or board to which the proceeding was | 831 |
transferred, except that the clerk is not required to perfect a | 832 |
notice of summons and complaint to any party that had already been | 833 |
served such notice. When the prosecuting attorney files the notice | 834 |
of transfer as prescribed in division (B) of this section, the | 835 |
clerk shall stamp or otherwise indicate on the notice a new case | 836 |
number for the proceeding. The clerk shall assign the entire case | 837 |
file to the court or board to which the proceeding was | 838 |
transferred, including any preliminary or final reports, | 839 |
documents, or other evidence made available to the transferring | 840 |
court or board. All such reports, documents, and other evidence | 841 |
shall be received by the court or board to which the proceeding | 842 |
was transferred as competent evidence for the purposes of | 843 |
adjudicating the proceeding. That court or board shall accept all | 844 |
such reports, documents, and evidence in the case file unless | 845 |
otherwise required by law or unless the court or board determines | 846 |
that doing so would not be in the interests of justice. | 847 |
The court or board to which the proceeding is transferred | 848 |
shall serve notice of the summons and the complaint as required in | 849 |
Civil Rule 4 or section 323.69 of the Revised Code, as applicable, | 850 |
upon any parties not yet served such notice in the proceeding. | 851 |
(D) If a county prosecuting attorney does not file a notice | 852 |
of transfer as required under division (B) of this section on or | 853 |
before the twenty-eighth day after the journalization of an order | 854 |
of transfer issued under division (A) of this section, or upon the | 855 |
motion of the prosecuting attorney, court, or board before that | 856 |
date, the complaint that is the subject of the order of transfer | 857 |
shall be deemed to have been dismissed without prejudice by both | 858 |
the court and the board of revision. | 859 |
(E) Upon the journalization of an order of transfer issued | 860 |
under division (A) of this section, the case shall be deemed to | 861 |
have been dismissed without prejudice by the transferring court or | 862 |
board. | 863 |
Sec. 323.70. (A) Subject to this section and to sections | 864 |
323.71 and 323.72 of the Revised Code, a county board of revision | 865 |
shall conduct a final hearing on the merits of a complaint filed | 866 |
under section 323.69 of the Revised Code, including the validity | 867 |
or amount of any impositions alleged in the complaint, not sooner | 868 |
than thirty days after the service of notice of summons and | 869 |
complaint has been perfected. If, after a hearing, the board finds | 870 |
that the validity or amount of all or a portion of the impositions | 871 |
is not supported by a preponderance of the evidence, the board may | 872 |
order the county auditor to remove from the tax list and duplicate | 873 |
amounts the board finds invalid or not supported by a | 874 |
preponderance of the evidence. The auditor shall remove all such | 875 |
amounts from the tax list and duplicate as ordered by the board of | 876 |
revision, including any impositions asserted under sections 715.26 | 877 |
and 715.261 of the Revised Code. | 878 |
(B) | 879 |
or before the | 880 |
perfected under division (B) of section 323.69 of the Revised | 881 |
Code, a record owner | 882 |
the clerk of court a motion requesting that the county board of | 883 |
revision order the complaint to be dismissed
| 884 |
885 | |
without conducting a hearing on the matter, promptly dismiss the | 886 |
complaint for foreclosure of that land | 887 |
888 | |
otherwise conveys the owner's ownership interest, any attempts to | 889 |
collect delinquent taxes, interest, penalties, and charges owed | 890 |
with respect to that land and appearing on the delinquent tax list | 891 |
or delinquent vacant land tax list, whichever the case may be, | 892 |
shall be conducted in accordance with the judicial foreclosure | 893 |
proceedings and other remedies and procedures prescribed under | 894 |
sections 323.25 to 323.28 or under Chapters 5721., 5722., and | 895 |
5723. of the Revised Code. | 896 |
(C) A county board of revision, in accordance with the Rules | 897 |
of Civil Procedure, may issue subpoenas compelling the attendance | 898 |
of witnesses and the production of papers, books, accounts, and | 899 |
testimony as necessary to conduct a hearing under this section or | 900 |
to otherwise adjudicate a case under sections 323.65 to 323.79 of | 901 |
the Revised Code. | 902 |
Sec. 323.71. (A)(1) If the county board of revision, upon its | 903 |
own motion or pursuant to a hearing under division (A)(2) of this | 904 |
section, determines that the impositions against a parcel of | 905 |
abandoned land that is the subject of a complaint filed under | 906 |
section 323.69 of the Revised Code exceed the fair market value of | 907 |
that parcel as currently shown by the latest valuation by the | 908 |
auditor of the county in which the land is located, then the board | 909 |
may proceed to hear and adjudicate the case as provided under | 910 |
sections 323.70 and 323.72 of the Revised Code. Upon entry of an | 911 |
order of foreclosure, the parcel may be disposed of as prescribed | 912 |
by division (G) of section 323.73 of the Revised Code. | 913 |
If the board of revision, upon its own motion or pursuant to | 914 |
a hearing under division (A)(2) of this section, determines that | 915 |
the impositions against a parcel do not exceed the fair market | 916 |
value of the parcel as shown by the county auditor's then-current | 917 |
valuation of the parcel, the parcel shall not be disposed of as | 918 |
prescribed by division (G) of section 323.73 of the Revised Code, | 919 |
but may be disposed of as otherwise provided in section 323.73, | 920 |
323.74, 323.75, 323.77, or 323.78 of the Revised Code. | 921 |
(2) By a motion filed not later than seven days before a | 922 |
final hearing on a complaint is held under section 323.70 of the | 923 |
Revised Code, an owner or lienholder may file with the county | 924 |
board of revision a good faith appraisal of the parcel from a | 925 |
licensed professional appraiser and request a hearing to determine | 926 |
whether the impositions against the parcel of abandoned land | 927 |
exceed or do not exceed the fair market value of that parcel as | 928 |
shown by the auditor's then-current valuation of that parcel. If | 929 |
the motion is timely filed, the board of revision shall conduct a | 930 |
hearing and shall make a factual finding as to whether the | 931 |
impositions against the parcel exceed or do not exceed the fair | 932 |
market value of that parcel as shown by the auditor's then-current | 933 |
valuation of that parcel. An owner or lienholder must show by a | 934 |
preponderance of the evidence that the impositions against the | 935 |
parcel do not exceed the auditor's then-current valuation of the | 936 |
parcel in order to preclude the application of division (G) of | 937 |
section 323.73 of the Revised Code. | 938 |
(B) Any parcel of abandoned land for which the complaint is | 939 |
not dismissed | 940 |
in accordance with | 941 |
942 | |
the Revised Code shall be disposed of as prescribed in sections | 943 |
323.65 to 323.79 of the Revised Code. | 944 |
(C) Notwithstanding sections 323.65 to 323.79 of the Revised | 945 |
Code to the contrary, for purposes of determining in any | 946 |
proceeding under those sections whether the total of the | 947 |
impositions against the abandoned land exceed the fair market | 948 |
value of the abandoned land, it is prima-facie evidence and a | 949 |
rebuttable presumption that may be rebutted to the county board of | 950 |
revision that the auditor's then-current valuation of that | 951 |
abandoned land is the fair market value of the land, regardless of | 952 |
whether an independent appraisal has been performed. | 953 |
Sec. 323.73. (A) Except as provided in division (G) of this | 954 |
section or section 323.78 of the Revised Code, a parcel of | 955 |
abandoned land that is to be disposed of under this section shall | 956 |
be disposed of at a public auction scheduled and conducted as | 957 |
described in this section. At least twenty-one days prior to the | 958 |
date of the public auction, the clerk of court or sheriff of the | 959 |
county shall advertise the public auction in a newspaper of | 960 |
general circulation that meets the requirements of section 7.12 of | 961 |
the Revised Code in the county in which the land is located. The | 962 |
advertisement shall include the date, time, and place of the | 963 |
auction, the permanent parcel number of the land if a permanent | 964 |
parcel number system is in effect in the county as provided in | 965 |
section 319.28 of the Revised Code or, if a permanent parcel | 966 |
number system is not in effect, any other means of identifying the | 967 |
parcel, and a notice stating that the abandoned land is to be sold | 968 |
subject to the terms of sections 323.65 to 323.79 of the Revised | 969 |
Code. | 970 |
(B) The sheriff of the county or a designee of the sheriff | 971 |
shall conduct the public auction at which the abandoned land will | 972 |
be offered for sale. To qualify as a bidder, a person shall file | 973 |
with the sheriff on a form provided by the sheriff a written | 974 |
acknowledgment that the abandoned land being offered for sale is | 975 |
to be conveyed in fee simple to the successful bidder. At the | 976 |
auction, the sheriff of the county or a designee of the sheriff | 977 |
shall begin the bidding at an amount equal to the total of the | 978 |
impositions against the abandoned land, plus the costs apportioned | 979 |
to the land under section 323.75 of the Revised Code. The | 980 |
abandoned land shall be sold to the highest bidder. The county | 981 |
sheriff or designee may reject any and all bids not meeting the | 982 |
minimum bid requirements specified in this division. | 983 |
(C) Except as otherwise permitted under section 323.74 of the | 984 |
Revised Code, the successful bidder at a public auction conducted | 985 |
under this section shall pay the sheriff of the county or a | 986 |
designee of the sheriff a deposit of at least ten per cent of the | 987 |
purchase price in cash, or by bank draft or official bank check, | 988 |
at the time of the public auction, and shall pay the balance of | 989 |
the purchase price within thirty days after the day on which the | 990 |
auction was held. | 991 |
auction and before the successful bidder pays the deposit, the | 992 |
sheriff or a designee of the sheriff may provide notice to the | 993 |
successful bidder that failure to pay the balance of the purchase | 994 |
price within the prescribed period shall be considered a default | 995 |
under the terms of the sale and shall result in retention of the | 996 |
deposit as payment for the costs associated with advertising and | 997 |
offering the abandoned land for sale at a future public auction. | 998 |
If such a notice is provided to the successful bidder and the | 999 |
bidder fails to pay the balance of the purchase price within the | 1000 |
prescribed period, the sale shall be deemed rejected by the county | 1001 |
board of revision due to default, and the sheriff shall retain the | 1002 |
full amount of the deposit. In such a case, rejection of the sale | 1003 |
shall occur automatically without any action necessary on the part | 1004 |
of the sheriff, county prosecuting attorney, or board. If the | 1005 |
amount retained by the sheriff is less than the total costs of | 1006 |
advertising and offering the abandoned land for sale at a future | 1007 |
public auction, the sheriff or county prosecuting attorney may | 1008 |
initiate an action to recover the amount of any deficiency from | 1009 |
the bidder in the court of common pleas of the county or in a | 1010 |
municipal court with jurisdiction. | 1011 |
Following a default and rejection of sale under this | 1012 |
division, the abandoned land involved in the rejected sale shall | 1013 |
be disposed of in accordance with sections 323.65 to 323.79 of the | 1014 |
Revised Code or as otherwise prescribed by law. The defaulting | 1015 |
bidder, any member of the bidder's immediate family, any person | 1016 |
with a power of attorney granted by the bidder, and any | 1017 |
pass-through entity, trust, corporation, association, or other | 1018 |
entity directly or indirectly owned or controlled by the bidder or | 1019 |
a member of the defaulting bidder's immediate family shall be | 1020 |
prohibited from bidding on the abandoned land at any future public | 1021 |
auction for five years from the date of the bidder's default. | 1022 |
Notwithstanding section 321.261 of the Revised Code, with | 1023 |
respect to any proceedings initiated pursuant to sections 323.65 | 1024 |
to 323.79 of the Revised Code, from the total proceeds arising | 1025 |
from the sale, transfer, or redemption of abandoned land, twenty | 1026 |
per cent of such proceeds shall be deposited to the credit of the | 1027 |
county treasurer's delinquent tax and assessment collection fund | 1028 |
to reimburse the fund for costs paid from the fund for the | 1029 |
transfer, redemption, or sale of abandoned land at public auction. | 1030 |
Not more than one-half of the twenty per cent may be used by the | 1031 |
treasurer for community development, nuisance abatement, | 1032 |
foreclosure prevention, demolition, and related services or | 1033 |
distributed by the treasurer to a land reutilization corporation. | 1034 |
The balance of the proceeds, if any, shall be distributed to the | 1035 |
appropriate political subdivisions and other taxing units in | 1036 |
proportion to their respective claims for taxes, assessments, | 1037 |
interest, and penalties on the land. Upon the sale of foreclosed | 1038 |
lands, the clerk of court shall hold any surplus proceeds in | 1039 |
excess of the impositions until the clerk receives an order of | 1040 |
priority and amount of distribution of the surplus that are | 1041 |
adjudicated by a court of competent jurisdiction or receives a | 1042 |
certified copy of an agreement between the parties entitled to a | 1043 |
share of the surplus providing for the priority and distribution | 1044 |
of the surplus. Any party to the action claiming a right to | 1045 |
distribution of surplus shall have a separate cause of action in | 1046 |
the county or municipal court of the jurisdiction in which the | 1047 |
land reposes, provided the board confirms the transfer or | 1048 |
regularity of the sale. Any dispute over the distribution of the | 1049 |
surplus shall not affect or revive the equity of redemption after | 1050 |
the board confirms the transfer or sale. | 1051 |
(D) Upon the sale or transfer of abandoned land pursuant to | 1052 |
this section, the owner's fee simple interest in the land shall be | 1053 |
conveyed to the purchaser. A conveyance under this division is | 1054 |
free and clear of any liens and encumbrances of the parties named | 1055 |
in the complaint for foreclosure attaching before the sale or | 1056 |
transfer, and free and clear of any liens for taxes, except for | 1057 |
federal tax liens and covenants and easements of record attaching | 1058 |
before the sale. | 1059 |
(E) The county board of revision shall reject the sale of | 1060 |
abandoned land to any person if it is shown by a preponderance of | 1061 |
the evidence that the person is delinquent in the payment of taxes | 1062 |
levied by or pursuant to Chapter 307., 322., 324., 5737., 5739., | 1063 |
5741., or 5743. of the Revised Code or any real property taxing | 1064 |
provision of the Revised Code. The board also shall reject the | 1065 |
sale of abandoned land to any person if it is shown by a | 1066 |
preponderance of the evidence that the person is delinquent in the | 1067 |
payment of property taxes on any parcel in the county, or to a | 1068 |
member of any of the following classes of parties connected to | 1069 |
that person: | 1070 |
(1) A member of that person's immediate family; | 1071 |
(2) Any other person with a power of attorney appointed by | 1072 |
that person; | 1073 |
(3) A sole proprietorship owned by that person or a member of | 1074 |
that person's immediate family; | 1075 |
(4) A partnership, trust, business trust, corporation, | 1076 |
association, or other entity in which that person or a member of | 1077 |
that person's immediate family owns or controls directly or | 1078 |
indirectly any beneficial or legal interest. | 1079 |
(F) If the purchase of abandoned land sold pursuant to this | 1080 |
section or section 323.74 of the Revised Code is for less than the | 1081 |
sum of the impositions against the abandoned land and the costs | 1082 |
apportioned to the land under division (A) of section 323.75 of | 1083 |
the Revised Code, then, upon the sale or transfer, all liens for | 1084 |
taxes due at the time the deed of the property is conveyed to the | 1085 |
purchaser following the sale or transfer, and liens subordinate to | 1086 |
liens for taxes, shall be deemed satisfied and discharged. | 1087 |
(G) If the county board of revision finds that the total of | 1088 |
the impositions against the abandoned land are greater than the | 1089 |
fair market value of the abandoned land as determined by the | 1090 |
auditor's then-current valuation of that land, the board, at any | 1091 |
final hearing under section 323.70 of the Revised Code, may order | 1092 |
the property foreclosed and, without an appraisal or public | 1093 |
auction, order the sheriff to execute a deed to the certificate | 1094 |
holder or county land reutilization corporation that filed a | 1095 |
complaint under section 323.69 of the Revised Code, or to a | 1096 |
community development organization, school district, municipal | 1097 |
corporation, county, or township, whichever is applicable, as | 1098 |
provided in section 323.74 of the Revised Code. Upon a transfer | 1099 |
under this division, all liens for taxes due at the time the deed | 1100 |
of the property is transferred to the certificate holder, | 1101 |
community development organization, school district, municipal | 1102 |
corporation, county, or township following the conveyance, and | 1103 |
liens subordinate to liens for taxes, shall be deemed satisfied | 1104 |
and discharged. | 1105 |
Sec. 323.78. (A) Notwithstanding anything in Chapters 323., | 1106 |
5721., and 5723. of the Revised Code, | 1107 |
1108 | |
1109 | |
1110 | |
1111 | |
1112 | |
1113 |
| 1114 |
1115 | |
1116 | |
1117 | |
1118 | |
1119 | |
1120 | |
1121 | |
1122 | |
1123 | |
1124 | |
1125 | |
1126 |
| 1127 |
1128 | |
1129 | |
extinguished, and the parcel may be transferred individually or in | 1130 |
lots with other tax-foreclosed properties to a municipal | 1131 |
corporation, township, county, school district, or county land | 1132 |
reutilization corporation without appraisal and without a sale, | 1133 |
upon which all impositions and any other liens subordinate to | 1134 |
liens for impositions due at the time the deed to the property is | 1135 |
conveyed to a purchaser or transferred to a community development | 1136 |
organization, county land reutilization corporation, municipal | 1137 |
corporation, county, township, or school district, shall be deemed | 1138 |
satisfied and discharged. Other than the order of the court or | 1139 |
board of revision so ordering the transfer of the parcel, no | 1140 |
further act of confirmation or other order shall be required for | 1141 |
such a transfer, or for the extinguishment of any right of | 1142 |
redemption. | 1143 |
| 1144 |
1145 | |
1146 | |
any petition for foreclosure of abandoned lands under section | 1147 |
323.25, sections 323.65 to 323.79, or section 5721.18 of the | 1148 |
Revised Code. | 1149 |
(B) If a county treasurer invokes the alternative redemption | 1150 |
period pursuant to this section, and if a municipal corporation, | 1151 |
township, county, school district, community development | 1152 |
organization, or county land reutilization corporation has | 1153 |
requested title to the parcel, then upon adjudication of | 1154 |
foreclosure of the parcel, the court or board of revision shall | 1155 |
order, in the decree of foreclosure or by separate order, that the | 1156 |
equity of redemption and any statutory or common law right of | 1157 |
redemption in the parcel by its owner shall be forever terminated | 1158 |
after the expiration of the alternative redemption period and that | 1159 |
the parcel shall be transferred by deed directly to the requesting | 1160 |
municipal corporation, township, county, school district, | 1161 |
community development corporation, or county land reutilization | 1162 |
corporation without appraisal and without a sale, free and clear | 1163 |
of all impositions and any other liens on the property, which | 1164 |
shall be deemed forever satisfied and discharged. The court or | 1165 |
board of revision shall order such a transfer regardless of | 1166 |
whether the value of the taxes, assessments, penalties, interest, | 1167 |
and other charges due on the parcel, and the costs of the action, | 1168 |
exceed the fair market value of the parcel. No further act of | 1169 |
confirmation or other order shall be required for such a transfer, | 1170 |
or for the extinguishment of any statutory or common law right of | 1171 |
redemption. | 1172 |
(C) If a county treasurer invokes the alternative redemption | 1173 |
period pursuant to this section and if no community development | 1174 |
organization, county land reutilization corporation, municipal | 1175 |
corporation, county, township, or school district has requested | 1176 |
title to the parcel, then upon adjudication of foreclosure of the | 1177 |
parcel, the court or board of revision | 1178 |
property sold as otherwise provided in Chapters 323. and 5721. of | 1179 |
the Revised Code, and, failing any bid at any such sale, the | 1180 |
parcel shall be forfeited to the state and otherwise disposed of | 1181 |
pursuant to Chapter 5723. of the Revised Code. | 1182 |
Sec. 323.79. Any party to any proceeding instituted pursuant | 1183 |
to sections 323.65 to 323.79 of the Revised Code who is aggrieved | 1184 |
in any of the proceedings of the county board of revision under | 1185 |
those sections may file an appeal in the court of common pleas | 1186 |
pursuant to Chapters 2505. and 2506. of the Revised Code upon a | 1187 |
final order of foreclosure and forfeiture by the board. A final | 1188 |
order of foreclosure and forfeiture occurs upon confirmation of | 1189 |
any sale or upon confirmation of any conveyance or transfer to a | 1190 |
certificate holder, community development organization, county | 1191 |
land reutilization corporation organized under Chapter 1724. of | 1192 |
the Revised Code, municipal corporation, county, or township | 1193 |
pursuant to sections 323.65 to 323.79 of the Revised Code. An | 1194 |
appeal as provided in this section shall proceed as an appeal de | 1195 |
novo and may include issues raised or adjudicated in the | 1196 |
proceedings before the county board of revision, as well as other | 1197 |
issues that are raised for the first time on appeal and that are | 1198 |
pertinent to the abandoned land that is the subject of those | 1199 |
proceedings. | 1200 |
An appeal shall be filed not later than fourteen days after | 1201 |
one of the | 1202 |
(A) The date on which the order of confirmation of the sale | 1203 |
1204 | |
1205 | |
1206 | |
with and journalized by the clerk of court; | 1207 |
(B) In the case of a direct transfer to a certificate holder, | 1208 |
community development organization, county land reutilization | 1209 |
corporation, municipal corporation, county, or township under | 1210 |
section 323.78 or division (G) of section 323.73 of the Revised | 1211 |
Code, the date on which an order of transfer or conveyance, | 1212 |
whether included in the decree of foreclosure or a separate order, | 1213 |
is first filed with and journalized by the clerk of court. | 1214 |
The court does not have jurisdiction to hear any appeal filed | 1215 |
after the expiration of | 1216 |
If the fourteenth day after the date on which the | 1217 |
order is filed with the clerk of court falls upon a weekend or | 1218 |
official holiday during which the court is closed, then the filing | 1219 |
shall be made on the next day the court is open for business. | 1220 |
The expiration of the fourteen-day period in which an appeal | 1221 |
may be filed with respect to an abandoned parcel under this | 1222 |
section shall not extinguish or otherwise affect the right of a | 1223 |
party to redeem the parcel as otherwise provided in sections | 1224 |
323.65 to 323.79 of the Revised Code. | 1225 |
Sec. 715.261. (A) As used in this section, "total cost" | 1226 |
means any costs incurred due to the use of employees, materials, | 1227 |
or equipment of the municipal corporation or its agent pursuant to | 1228 |
division (E) of this section, any costs arising out of contracts | 1229 |
for labor, materials, or equipment, and costs of service of notice | 1230 |
or publication required under this section. | 1231 |
(B) A municipal corporation or its agent pursuant to division | 1232 |
(E) of this section may collect the total cost of removing, | 1233 |
repairing, or securing insecure, unsafe, structurally defective, | 1234 |
abandoned, deserted, or open and vacant buildings or other | 1235 |
structures, of making emergency corrections of hazardous | 1236 |
conditions, or of abating any nuisance by any of the | 1237 |
methods | 1238 |
section. | 1239 |
(1) The clerk of the legislative authority of the municipal | 1240 |
corporation or its agent pursuant to division (E) of this section | 1241 |
may certify the total costs, together with a proper description of | 1242 |
the lands, to the county auditor who shall place the costs upon | 1243 |
the tax list and duplicate. The costs are a lien upon such lands | 1244 |
from and after the date the costs were incurred. The costs shall | 1245 |
be collected as other taxes and returned to the municipal | 1246 |
corporation or its agent pursuant to division (E) of this section, | 1247 |
as directed by the clerk of the legislative authority in the | 1248 |
certification of the total costs or in an affidavit from the agent | 1249 |
delivered to the county auditor or county treasurer. The placement | 1250 |
of the costs on the tax list and duplicate relates back to, and is | 1251 |
effective in priority, as of the date the costs were incurred, | 1252 |
provided that the municipal corporation or its agent pursuant to | 1253 |
division (E) of this section certifies the total costs within one | 1254 |
year from the date the costs were incurred. | 1255 |
If a lien placed on a parcel of land pursuant to this | 1256 |
division is extinguished as provided in division (H) of this | 1257 |
section, a municipal corporation may pursue the remedy available | 1258 |
under division (B)(2) of this section to recoup the costs incurred | 1259 |
with respect to that parcel from any person that held title to the | 1260 |
parcel at the time the costs were incurred. | 1261 |
(2) The municipal corporation or its agent pursuant to | 1262 |
division (E) of this section may commence a civil action to | 1263 |
recover the total costs from the | 1264 |
the parcel at the time the costs were incurred. | 1265 |
(3) A municipal corporation or its agent pursuant to division | 1266 |
(E) of this section may file a lien on a parcel of land for the | 1267 |
total costs incurred under this section with respect to the parcel | 1268 |
by filing a written affidavit with the county recorder of the | 1269 |
county in which the parcel is located that states the parcel | 1270 |
number, the total costs incurred with respect to the parcel, and | 1271 |
the date such costs were incurred. The municipal corporation or | 1272 |
its agent may pursue a foreclosure action to enforce the lien in a | 1273 |
court of competent jurisdiction or, pursuant to sections 323.65 to | 1274 |
323.79 of the Revised Code, with the board of revision. The | 1275 |
municipal corporation or its agent may elect to acquire the parcel | 1276 |
by indicating such an election in the complaint for foreclosure or | 1277 |
in an amended complaint. Upon the entry of a decree of | 1278 |
foreclosure, the county sheriff shall advertise and offer the | 1279 |
property for sale on at least one occasion. The minimum bid with | 1280 |
regard to the sale of the foreclosed property shall equal the sum | 1281 |
of the taxes, penalties, interest, costs, and assessments due and | 1282 |
payable on the property, the total costs incurred by the municipal | 1283 |
corporation or its agent with respect to the property, and any | 1284 |
associated court costs and interest as authorized by law. An owner | 1285 |
of the property may redeem the property by paying the minimum bid | 1286 |
within ten days after the entry of the decree of foreclosure. If | 1287 |
an owner fails to so redeem the property, and if the parcel is not | 1288 |
sold for want of a minimum bid, the property shall be disposed of | 1289 |
as follows: | 1290 |
(a) If the municipal corporation or its agent elects to | 1291 |
acquire the property, the parcel shall be transferred to the | 1292 |
municipal corporation or its agent as if the property were | 1293 |
transferred by all owners in title to the municipal corporation or | 1294 |
its agent in lieu of foreclosure as provided in section 5722.10 of | 1295 |
the Revised Code; | 1296 |
(b) If the municipal corporation or its agent does not elect | 1297 |
to acquire the property, the parcel shall be forfeited to the | 1298 |
state or to a political subdivision or school district as provided | 1299 |
in Chapter 5723. of the Revised Code. | 1300 |
When a municipal corporation or its agent acquires property | 1301 |
as provided in this division, the property shall not be subject to | 1302 |
foreclosure or forfeiture under section 323.25 or Chapter 5721. or | 1303 |
5723. of the Revised Code, and any lien on the property for costs | 1304 |
incurred under this section or for any unpaid taxes, penalties, | 1305 |
interest, charges, or assessments shall be extinguished. | 1306 |
(C) This section applies to any action taken by a municipal | 1307 |
corporation, or its agent pursuant to division (E) of this | 1308 |
section, pursuant to section 715.26 of the Revised Code or | 1309 |
pursuant to Section 3 of Article XVIII, Ohio Constitution. | 1310 |
(D) A municipal corporation or its agent pursuant to division | 1311 |
(E) of this section shall not certify to the county auditor for | 1312 |
placement upon the tax list and duplicate the cost of any action | 1313 |
that it takes under division (B) of this section if the action is | 1314 |
taken on land that has been forfeited to this state for delinquent | 1315 |
taxes, unless the owner of record redeems the land. | 1316 |
(E) A municipal corporation may enter into an agreement with | 1317 |
a county land reutilization corporation organized under Chapter | 1318 |
1724. of the Revised Code wherein the county land reutilization | 1319 |
corporation agrees to act as the agent of the municipal | 1320 |
corporation in connection with removing, repairing, or securing | 1321 |
insecure, unsafe, structurally defective, abandoned, deserted, or | 1322 |
open and vacant buildings or other structures, making emergency | 1323 |
corrections of hazardous conditions, or abating any nuisance, | 1324 |
including high weeds, overgrown brush, and trash and debris from | 1325 |
vacant lots. The total costs of such actions may be collected by | 1326 |
the corporation pursuant to division (B) of this section, and | 1327 |
shall be paid to the corporation if it paid or incurred such costs | 1328 |
and has not been reimbursed. | 1329 |
(F) In the case of the lien of a county land reutilization | 1330 |
corporation that is the agent of a municipal corporation, a | 1331 |
notation shall be placed on the tax list and duplicate showing the | 1332 |
amount of the lien ascribed specifically to the agent's total | 1333 |
costs. The agent has standing to pursue a separate cause of action | 1334 |
for money damages to satisfy the lien or pursue a foreclosure | 1335 |
action in a court of competent jurisdiction or with the board of | 1336 |
revision to enforce the lien without regard to occupancy. For | 1337 |
purposes of a foreclosure proceeding by the county treasurer for | 1338 |
delinquent taxes, this division does not affect the lien priority | 1339 |
as between a county land reutilization corporation and the county | 1340 |
treasurer, but the corporation's lien is superior to the lien of | 1341 |
any other lienholder of the property. As to a direct action by a | 1342 |
county land reutilization corporation, the lien for the taxes, | 1343 |
assessment, charges, costs, penalties, and interest on the tax | 1344 |
list and duplicate is in all cases superior to the lien of a | 1345 |
county land reutilization corporation, whose lien for total costs | 1346 |
shall be next in priority as against all other interests, except | 1347 |
as provided in division (G) of this section. | 1348 |
(G) A county land reutilization corporation acting as an | 1349 |
agent of a municipal corporation under an agreement under this | 1350 |
section may, with the county treasurer's consent, petition the | 1351 |
court or board of revision with jurisdiction over an action | 1352 |
undertaken under division (F) of this section pleading that the | 1353 |
lien of the corporation, as agent, for the total costs shall be | 1354 |
superior to the lien for the taxes, assessments, charges, costs, | 1355 |
penalties, and interest. If the court or board of revision | 1356 |
determines that the lien is for total costs paid or incurred by | 1357 |
the corporation as such an agent, and that subordinating the lien | 1358 |
for such taxes and other impositions to the lien of the | 1359 |
corporation promotes the expeditious abatement of public | 1360 |
nuisances, the court or board may order the lien for the taxes and | 1361 |
other impositions to be subordinate to the corporation's lien. The | 1362 |
court or board may not subordinate the lien for taxes and other | 1363 |
such impositions to any other liens. | 1364 |
(H) When a parcel of land upon which a lien has been placed | 1365 |
under division (B)(1) or (3) of this section is transferred to a | 1366 |
county land reutilization corporation, the lien on the parcel | 1367 |
shall be extinguished if the lien is for costs or charges that | 1368 |
were incurred before the date of the transfer to the corporation | 1369 |
and if the corporation did not incur the costs or charges, | 1370 |
regardless of whether the lien was attached or the costs or | 1371 |
charges were certified before the date of transfer. In such a | 1372 |
case, the county land reutilization corporation and its successors | 1373 |
in title shall take title to the property free and clear of any | 1374 |
such lien and shall be immune from liability in any action to | 1375 |
collect such costs or charges. | 1376 |
If a county land reutilization corporation takes title to | 1377 |
property before any costs or charges have been certified or any | 1378 |
lien has been placed with respect to the property under division | 1379 |
(B)(1) or (3) of this section, the corporation shall be deemed a | 1380 |
bona fide purchaser for value without knowledge of such costs or | 1381 |
lien, regardless of whether the corporation had actual or | 1382 |
constructive knowledge of the costs or lien, and any such lien | 1383 |
shall be void and unenforceable against the corporation and its | 1384 |
successors in title. | 1385 |
(I) A municipal corporation or county land reutilization | 1386 |
corporation may file an affidavit with the county recorder under | 1387 |
section 5301.252 of the Revised Code stating the nature and extent | 1388 |
of any proceedings undertaken under this section. Such an | 1389 |
affidavit may include a legal description of a parcel or, in lieu | 1390 |
thereof, the common address of the parcel and the permanent parcel | 1391 |
number to which such address applies. | 1392 |
Sec. 743.04. (A) For the purpose of paying the expenses of | 1393 |
conducting and managing the waterworks of a municipal corporation, | 1394 |
including operating expenses and the costs of permanent | 1395 |
improvements, the director of public service or any other city | 1396 |
official or body authorized by charter may assess and collect a | 1397 |
water rent or charge of sufficient amount and in such manner as | 1398 |
the director, other official, or | 1399 |
equitable from all tenements and premises supplied with water. | 1400 |
When water rents or charges are not paid when due, the director or | 1401 |
other official or body may do either or both of the following: | 1402 |
| 1403 |
county auditor. The county auditor shall place the certified | 1404 |
amount on the real property tax list and duplicate against the | 1405 |
property served by the connection if | 1406 |
from the director or other official or body additional | 1407 |
certification that the unpaid rents or charges have arisen | 1408 |
pursuant to a service contract made directly with an owner who | 1409 |
occupies the property served. | 1410 |
The amount placed on the tax list and duplicate shall be a | 1411 |
lien on the property served from the date placed on the list and | 1412 |
duplicate and shall be collected in the same manner as other | 1413 |
taxes, except that, notwithstanding section 323.15 of the Revised | 1414 |
Code, a county treasurer shall accept a payment in such amount | 1415 |
when separately tendered as payment for the full amount of such | 1416 |
unpaid water rents or charges and associated penalties. The lien | 1417 |
shall be released immediately upon payment in full of the | 1418 |
certified amount. Any amounts collected by the county treasurer | 1419 |
under this division shall be immediately placed in the distinct | 1420 |
fund established by section 743.06 of the Revised Code. | 1421 |
| 1422 |
city from an owner, tenant, or other person who is liable to pay | 1423 |
the rents or charges. | 1424 |
Each director or other official or body that assesses water | 1425 |
rents or charges shall determine the actual amount of rents due | 1426 |
based upon an actual reading of each customer's meter at least | 1427 |
once in each three-month period, and at least quarterly the | 1428 |
director or other official or body shall render a bill for the | 1429 |
actual amount shown by the meter reading to be due, except | 1430 |
estimated bills may be rendered if access to a customer's meter | 1431 |
was unobtainable for a timely reading. Each director or other | 1432 |
official or body that assesses water rents or charges shall | 1433 |
establish procedures providing fair and reasonable opportunity for | 1434 |
resolution of billing disputes. | 1435 |
When property to which water service is provided is about to | 1436 |
be sold, any party to the sale or | 1437 |
may request the director or other official or body to read the | 1438 |
meter at that property and to render within ten days following the | 1439 |
date on which the request is made, a final bill for all | 1440 |
outstanding rents and charges for water service. Such a request | 1441 |
shall be made at least fourteen days prior to the transfer of the | 1442 |
title of such property. | 1443 |
At any time prior to a certification under division (A) of | 1444 |
this section, the director or other official or body shall accept | 1445 |
any partial payment of unpaid water rents or charges, in the | 1446 |
amount of ten dollars or more. | 1447 |
(B)(1) When title to a parcel of land that is subject to any | 1448 |
of the actions described in division (A)(1) or (2) of this section | 1449 |
is transferred to a county land reutilization corporation, any | 1450 |
lien placed on the parcel under division (A)(1) of this section | 1451 |
shall be extinguished, and the corporation shall not be held | 1452 |
liable for unpaid rents or charges in any collection action | 1453 |
brought under division (A)(2) of this section, if the rents or | 1454 |
charges certified under division (A)(1) of this section or subject | 1455 |
to collection under division (A)(2) of this section were incurred | 1456 |
before the date of the transfer to the corporation and if the | 1457 |
corporation did not incur the rents or charges, regardless of | 1458 |
whether the rents or charges were certified, the lien was | 1459 |
attached, or the action was brought before the date of transfer. | 1460 |
In such a case, the corporation and its successors in title shall | 1461 |
take title to the property free and clear of any such lien and | 1462 |
shall be immune from liability in any such collection action. | 1463 |
If a county land reutilization corporation takes title to | 1464 |
property before any rents or charges have been certified or any | 1465 |
lien has been placed with respect to the property under division | 1466 |
(A)(1) or (2) of this section, the corporation shall be deemed a | 1467 |
bona fide purchaser for value without knowledge of such rents, | 1468 |
charges, or lien, regardless of whether the corporation had actual | 1469 |
or constructive knowledge of the rents, charges, or lien, and any | 1470 |
such lien shall be void and unenforceable against the corporation | 1471 |
and its successors in title. | 1472 |
(2) If a lien placed on a parcel is extinguished as provided | 1473 |
in division (B)(1) of this section, the municipal corporation may | 1474 |
pursue the remedy available under division (A)(2) of this section | 1475 |
to recoup the rents and charges incurred with respect to the | 1476 |
parcel from any owner, tenant, or other person liable to pay such | 1477 |
rents and charges. | 1478 |
Sec. 1724.02. In furtherance of the purposes set forth in | 1479 |
section 1724.01 of the Revised Code, a community improvement | 1480 |
corporation shall have the following powers: | 1481 |
(A)(1) To borrow money for any of the purposes of the | 1482 |
community improvement corporation by means of loans, lines of | 1483 |
credit, or any other financial instruments or securities, | 1484 |
including the issuance of its bonds, debentures, notes, or other | 1485 |
evidences of indebtedness, whether secured or unsecured, and to | 1486 |
secure the same by mortgage, pledge, deed of trust, or other lien | 1487 |
on its property, franchises, rights, and privileges of every kind | 1488 |
and nature or any part thereof or interest therein; and | 1489 |
(2) If the community improvement corporation is a county land | 1490 |
reutilization corporation, the corporation may request, by | 1491 |
resolution: | 1492 |
(a) That the board of county commissioners of the county | 1493 |
served by the corporation pledge a specifically identified source | 1494 |
or sources of revenue pursuant to division (C) of section 307.78 | 1495 |
of the Revised Code as security for such borrowing by the | 1496 |
corporation; and | 1497 |
(b)(i) If the land subject to reutilization is located within | 1498 |
an unincorporated area of the county, that the board of county | 1499 |
commissioners issue notes under section 307.082 of the Revised | 1500 |
Code for the purpose of constructing public infrastructure | 1501 |
improvements and take other actions as the board determines are in | 1502 |
the interest of the county and are authorized under sections | 1503 |
5709.78 to 5709.81 of the Revised Code or bonds or notes under | 1504 |
section 5709.81 of the Revised Code for the refunding purposes set | 1505 |
forth in that section; or | 1506 |
(ii) If the land subject to reutilization is located within | 1507 |
the corporate boundaries of a municipal corporation, that the | 1508 |
municipal corporation issue bonds for the purpose of constructing | 1509 |
public infrastructure improvements and take such other actions as | 1510 |
the municipal corporation determines are in its interest and are | 1511 |
authorized under sections 5709.40 to 5709.43 of the Revised Code. | 1512 |
(B) To make loans to any person, firm, partnership, | 1513 |
corporation, joint stock company, association, or trust, and to | 1514 |
establish and regulate the terms and conditions with respect to | 1515 |
any such loans; provided that an economic development corporation | 1516 |
shall not approve any application for a loan unless and until the | 1517 |
person applying for said loan shows that the person has applied | 1518 |
for the loan through ordinary banking or commercial channels and | 1519 |
that the loan has been refused by at least one bank or other | 1520 |
financial institution. Nothing in this division shall preclude a | 1521 |
county land reutilization corporation from making revolving loans | 1522 |
to community development corporations, private entities, or any | 1523 |
person for the purposes contained in the corporation's plan under | 1524 |
section 1724.10 of the Revised Code. | 1525 |
(C) To purchase, receive, hold, manage, lease, | 1526 |
lease-purchase, or otherwise acquire and to sell, convey, | 1527 |
transfer, lease, sublease, or otherwise dispose of real and | 1528 |
personal property, together with such rights and privileges as may | 1529 |
be incidental and appurtenant thereto and the use thereof, | 1530 |
including but not restricted to, any real or personal property | 1531 |
acquired by the community improvement corporation from time to | 1532 |
time in the satisfaction of debts or enforcement of obligations, | 1533 |
and to enter into contracts with third parties, including the | 1534 |
federal government, the state, any political subdivision, or any | 1535 |
other entity. | 1536 |
1537 | |
1538 | |
1539 | |
1540 | |
1541 | |
1542 |
(D) To acquire the good will, business, rights, real and | 1543 |
personal property, and other assets, or any part thereof, or | 1544 |
interest therein, of any persons, firms, partnerships, | 1545 |
corporations, joint stock companies, associations, or trusts, and | 1546 |
to assume, undertake, or pay the obligations, debts, and | 1547 |
liabilities of any such person, firm, partnership, corporation, | 1548 |
joint stock company, association, or trust; to acquire, reclaim, | 1549 |
manage, or contract for the management of improved or unimproved | 1550 |
and underutilized real estate for the purpose of constructing | 1551 |
industrial plants, other business establishments, or housing | 1552 |
thereon, or causing the same to occur, for the purpose of | 1553 |
assembling and enhancing utilization of the real estate, or for | 1554 |
the purpose of disposing of such real estate to others in whole or | 1555 |
in part for the construction of industrial plants, other business | 1556 |
establishments, or housing; and to acquire, reclaim, manage, | 1557 |
contract for the management of, construct or reconstruct, alter, | 1558 |
repair, maintain, operate, sell, convey, transfer, lease, | 1559 |
sublease, or otherwise dispose of industrial plants, business | 1560 |
establishments, or housing. | 1561 |
(E) To acquire, subscribe for, own, hold, sell, assign, | 1562 |
transfer, mortgage, pledge, or otherwise dispose of the stock, | 1563 |
shares, bonds, debentures, notes, or other securities and | 1564 |
evidences of interest in, or indebtedness of, any person, firm, | 1565 |
corporation, joint stock company, association, or trust, and while | 1566 |
the owner or holder thereof, to exercise all the rights, powers, | 1567 |
and privileges of ownership, including the right to vote therein, | 1568 |
provided that no tax revenue, if any, received by a community | 1569 |
improvement corporation shall be used for such acquisition or | 1570 |
subscription. | 1571 |
(F) To mortgage, pledge, or otherwise encumber any property | 1572 |
acquired pursuant to the powers contained in | 1573 |
(C), (D), or (E) of this section. | 1574 |
(G) Nothing in this section shall limit the right of a | 1575 |
community improvement corporation to become a member of or a | 1576 |
stockholder in a corporation formed under Chapter 1726. of the | 1577 |
Revised Code. | 1578 |
(H) To serve as an agent for grant applications and for the | 1579 |
administration of grants, or to make applications as principal for | 1580 |
grants for county land reutilization corporations. | 1581 |
(I) To exercise the powers enumerated under Chapter 5722. of | 1582 |
the Revised Code on behalf of a county that organizes or contracts | 1583 |
with a county land reutilization corporation. | 1584 |
(J) To engage in code enforcement and nuisance abatement, | 1585 |
including, but not limited to, cutting grass and weeds, boarding | 1586 |
up vacant or abandoned structures, and demolishing condemned | 1587 |
structures on properties that are subject to a delinquent tax or | 1588 |
assessment lien, or property for which a municipal corporation or | 1589 |
township has contracted with a county land reutilization | 1590 |
corporation to provide code enforcement or nuisance abatement | 1591 |
assistance. | 1592 |
(K) To charge fees or exchange in-kind goods or services for | 1593 |
services rendered to political subdivisions and other persons or | 1594 |
entities for whom services are rendered. | 1595 |
(L) To employ and provide compensation for an executive | 1596 |
director who shall manage the operations of a county land | 1597 |
reutilization corporation and employ others for the benefit of the | 1598 |
corporation as approved and funded by the board of directors. No | 1599 |
employee of the corporation is or shall be deemed to be an | 1600 |
employee of the political subdivision for whose benefit the | 1601 |
corporation is organized solely because the employee is employed | 1602 |
by the corporation. | 1603 |
(M) To purchase tax certificates at auction, negotiated sale, | 1604 |
or from a third party who purchased and is a holder of one or more | 1605 |
tax certificates issued pursuant to sections 5721.30 to 5721.43 of | 1606 |
the Revised Code. | 1607 |
(N) To be assigned a mortgage on real property from a | 1608 |
mortgagee in lieu of acquiring such real property subject to a | 1609 |
mortgage. | 1610 |
(O) To do all acts and things necessary or convenient to | 1611 |
carry out the purposes of section 1724.01 of the Revised Code and | 1612 |
the powers especially created for a community improvement | 1613 |
corporation in Chapter 1724. of the Revised Code, including, but | 1614 |
not limited to, contracting with the federal government, the state | 1615 |
or any political subdivision, a board of county commissioners | 1616 |
pursuant to section 307.07 of the Revised Code, a county auditor | 1617 |
pursuant to section 319.10 of the Revised Code, a county treasurer | 1618 |
pursuant to section 321.49 of the Revised Code, and any other | 1619 |
party, whether nonprofit or for-profit. An employee of a board of | 1620 |
county commissioners, county auditor, or county treasurer who, | 1621 |
pursuant to a contract entered into in accordance with section | 1622 |
307.07, 319.10, or 321.49 of the Revised Code, provides services | 1623 |
to a county land reutilization corporation shall remain an | 1624 |
employee of the county during the provision of those services. | 1625 |
The powers enumerated in this chapter shall not be construed | 1626 |
to limit the general powers of a community improvement | 1627 |
corporation. The powers granted under this chapter are in addition | 1628 |
to those powers granted by any other chapter of the Revised Code, | 1629 |
but, as to a county land reutilization corporation, shall be used | 1630 |
only for the purposes enumerated under division (B)(2) of section | 1631 |
1724.01 of the Revised Code. | 1632 |
Sec. 1724.10. (A) A community improvement corporation may be | 1633 |
designated: | 1634 |
(1) By a county, one or more townships, one or more municipal | 1635 |
corporations, two or more adjoining counties, or any combination | 1636 |
of the foregoing as the agency of each such political subdivision | 1637 |
for the industrial, commercial, distribution, and research | 1638 |
development in such political subdivision when the legislative | 1639 |
authority of such political subdivision has determined that the | 1640 |
policy of the political subdivision is to promote the health, | 1641 |
safety, morals, and general welfare of its inhabitants through the | 1642 |
designation of a community improvement corporation as such agency; | 1643 |
(2) Solely by a county as the agency for the reclamation, | 1644 |
rehabilitation, and reutilization of vacant, abandoned, | 1645 |
tax-foreclosed, or other real property in the county; | 1646 |
(3) By any political subdivision as the agency for the | 1647 |
reclamation, rehabilitation, and reutilization of vacant, | 1648 |
abandoned, tax-foreclosed, or other real property within the | 1649 |
political subdivision if the subdivision enters into an agreement | 1650 |
with the community improvement corporation that is the agency of a | 1651 |
county, under division (A)(2) of this section, designating the | 1652 |
corporation as the agency of the political subdivision. | 1653 |
(B) Designations under this section shall be made by the | 1654 |
legislative authority of the political subdivision by resolution | 1655 |
or ordinance. Any political subdivision which has designated a | 1656 |
community improvement corporation as such agency under this | 1657 |
section may enter into an agreement with it to provide any one or | 1658 |
more of the following: | 1659 |
(1) That the community improvement corporation shall prepare | 1660 |
a plan for the political subdivision of industrial, commercial, | 1661 |
distribution, and research development, or of reclamation, | 1662 |
rehabilitation, and reutilization of vacant, abandoned, | 1663 |
tax-foreclosed, or other real property, and such plan shall | 1664 |
provide therein the extent to which the community improvement | 1665 |
corporation shall participate as the agency of the political | 1666 |
subdivision in carrying out such plan. Such plan shall be | 1667 |
confirmed by the legislative authority of the political | 1668 |
subdivision. A community improvement corporation may insure | 1669 |
mortgage payments required by a first mortgage on any industrial, | 1670 |
economic, commercial, or civic property for which funds have been | 1671 |
loaned by any person, corporation, bank, or financial or lending | 1672 |
institution upon such terms and conditions as the community | 1673 |
improvement corporation may prescribe. A community improvement | 1674 |
corporation may incur debt, mortgage its property acquired under | 1675 |
this section or otherwise, and issue its obligations, for the | 1676 |
purpose of acquiring, constructing, improving, and equipping | 1677 |
buildings, structures, and other properties, and acquiring sites | 1678 |
therefor, for lease or sale by the community improvement | 1679 |
corporation in order to carry out its participation in such plan. | 1680 |
Except as provided for in division (C) of section 307.78 of the | 1681 |
Revised Code, any such debt shall be solely that of the | 1682 |
corporation and shall not be secured by the pledge of any moneys | 1683 |
received or to be received from any political subdivision. All | 1684 |
revenue bonds issued under sections 1724.02 and 1724.10 of the | 1685 |
Revised Code are lawful investments of banks, savings and loan | 1686 |
associations, deposit guarantee associations, trust companies, | 1687 |
trustees, fiduciaries, trustees or other officers having charge of | 1688 |
sinking or bond retirement funds of municipal corporations and | 1689 |
other subdivisions of the state, and of domestic insurance | 1690 |
companies notwithstanding sections 3907.14 and 3925.08 of the | 1691 |
Revised Code. Not less than two-fifths of the governing board of | 1692 |
any economic development corporation designated as the agency of | 1693 |
one or more political subdivisions shall be composed of mayors, | 1694 |
members of municipal legislative authorities, members of boards of | 1695 |
township trustees, members of boards of county commissioners, or | 1696 |
any other appointed or elected officers of such political | 1697 |
subdivisions, provided that at least one officer from each | 1698 |
political subdivision shall be a member of the governing board. | 1699 |
Membership on the governing board of a community improvement | 1700 |
corporation does not constitute the holding of a public office or | 1701 |
employment within the meaning of sections 731.02 and 731.12 of the | 1702 |
Revised Code or any other section of the Revised Code. The board | 1703 |
of directors of a county land reutilization corporation shall be | 1704 |
composed of the members set forth in section 1724.03 of the | 1705 |
Revised Code. Membership on such governing boards shall not | 1706 |
constitute an interest, either direct or indirect, in a contract | 1707 |
or expenditure of money by any municipal corporation, township, | 1708 |
county, or other political subdivision. No member of such | 1709 |
governing boards shall be disqualified from holding any public | 1710 |
office or employment, nor shall such member forfeit any such | 1711 |
office or employment, by reason of membership on the governing | 1712 |
board of a community improvement corporation notwithstanding any | 1713 |
law to the contrary. | 1714 |
Actions taken under this section shall be in accordance with | 1715 |
any applicable planning or zoning regulations. | 1716 |
Any agreement entered into under this section may be amended | 1717 |
or supplemented from time to time by the parties thereto. | 1718 |
An economic development corporation designated as the agency | 1719 |
of a political subdivision under this section shall promote and | 1720 |
encourage the establishment and growth in such subdivision of | 1721 |
industrial, commercial, distribution, and research facilities. A | 1722 |
county land reutilization corporation designated as the agency of | 1723 |
a political subdivision in an agreement between a political | 1724 |
subdivision and a corporation shall promote the reclamation, | 1725 |
rehabilitation, and reutilization of vacant, abandoned, | 1726 |
tax-foreclosed, or other real property in the subdivision. | 1727 |
(2) Authorization for the community improvement corporation | 1728 |
to sell or to lease any lands or interests in lands owned by the | 1729 |
political subdivision determined from time to time by the | 1730 |
legislative authority thereof not to be required by such political | 1731 |
subdivision for its purposes, for uses determined by the | 1732 |
legislative authority as those that will promote the welfare of | 1733 |
the people of the political subdivision, stabilize the economy, | 1734 |
provide employment, assist in the development of industrial, | 1735 |
commercial, distribution, and research activities to the benefit | 1736 |
of the people of the political subdivision, will provide | 1737 |
additional opportunities for their gainful employment, or will | 1738 |
promote the reclamation, rehabilitation, and reutilization of | 1739 |
vacant, abandoned, tax-foreclosed, or other real property within | 1740 |
the subdivision. The legislative authority shall specify the | 1741 |
consideration for such sale or lease and any other terms thereof. | 1742 |
Any determinations made by the legislative authority under this | 1743 |
division shall be conclusive. The community improvement | 1744 |
corporation acting through its officers and on behalf and as agent | 1745 |
of the political subdivision shall execute the necessary | 1746 |
instruments, including deeds conveying the title of the political | 1747 |
subdivision or leases, to accomplish such sale or lease. Such | 1748 |
conveyance or lease shall be made without advertising and receipt | 1749 |
of bids. A copy of such agreement shall be recorded in the office | 1750 |
of the county recorder of any county in which lands or interests | 1751 |
in lands to be sold or leased are situated prior to the recording | 1752 |
of a deed or lease executed pursuant to such agreement.
| 1753 |
1754 | |
1755 | |
1756 | |
1757 | |
1758 |
(3) That the political subdivision executing the agreement | 1759 |
will convey to the community improvement corporation lands and | 1760 |
interests in lands owned by the political subdivision and | 1761 |
determined by the legislative authority thereof not to be required | 1762 |
by the political subdivision for its purposes and that such | 1763 |
conveyance of such land or interests in land will promote the | 1764 |
welfare of the people of the political subdivision, stabilize the | 1765 |
economy, provide employment, assist in the development of | 1766 |
industrial, commercial, distribution, and research activities to | 1767 |
the benefit of the people of the political subdivision, provide | 1768 |
additional opportunities for their gainful employment or will | 1769 |
promote the reclamation, rehabilitation, and reutilization of | 1770 |
vacant, abandoned, tax-foreclosed, or other real property in the | 1771 |
subdivision, for the consideration and upon the terms established | 1772 |
in the agreement, and further that as the agency for development | 1773 |
or land reutilization the community improvement corporation may | 1774 |
acquire from others additional lands or interests in lands, and | 1775 |
any lands or interests in land so conveyed by it for uses that | 1776 |
will promote the welfare of the people of the political | 1777 |
subdivision, stabilize the economy, provide employment, assist in | 1778 |
the development of industrial, commercial, distribution, and | 1779 |
research activities required for the people of the political | 1780 |
subdivision and for their gainful employment or will promote the | 1781 |
reclamation, rehabilitation, and reutilization of vacant, | 1782 |
abandoned, tax-foreclosed, or other real property in the | 1783 |
subdivision. Any conveyance or lease by the political subdivision | 1784 |
to the community improvement corporation shall be made without | 1785 |
advertising and receipt of bids. If any lands or interests in land | 1786 |
conveyed by a political subdivision under this division are sold | 1787 |
by the community improvement corporation at a price in excess of | 1788 |
the consideration received by the political subdivision from the | 1789 |
community improvement corporation, such excess shall be paid to | 1790 |
such political subdivision after deducting, to the extent and in | 1791 |
the manner provided in the agreement, the costs of such | 1792 |
acquisition and sale, taxes, assessments, costs of maintenance, | 1793 |
costs of improvements to the land by the community improvement | 1794 |
corporation, service fees, and any debt service charges of the | 1795 |
corporation attributable to such land or interests. | 1796 |
Sec. 2303.201. (A)(1) The court of common pleas of any | 1797 |
county may determine that for the efficient operation of the court | 1798 |
additional funds are required to computerize the court, to make | 1799 |
available computerized legal research services, or to do both. | 1800 |
Upon making a determination that additional funds are required for | 1801 |
either or both of those purposes, the court shall authorize and | 1802 |
direct the clerk of the court of common pleas to charge one | 1803 |
additional fee, not to exceed six dollars, on the filing of each | 1804 |
cause of action or appeal under divisions (A), (Q), and (U) of | 1805 |
section 2303.20 of the Revised Code. | 1806 |
(2) All fees collected under division (A)(1) of this section | 1807 |
shall be paid to the county treasurer. The treasurer shall place | 1808 |
the funds from the fees in a separate fund to be disbursed either | 1809 |
upon an order of the court, subject to an appropriation by the | 1810 |
board of county commissioners, or upon an order of the court, | 1811 |
subject to the court making an annual report available to the | 1812 |
public listing the use of all such funds, in an amount not greater | 1813 |
than the actual cost to the court of procuring and maintaining | 1814 |
computerization of the court, computerized legal research | 1815 |
services, or both. | 1816 |
(3) If the court determines that the funds in the fund | 1817 |
described in division (A)(2) of this section are more than | 1818 |
sufficient to satisfy the purpose for which the additional fee | 1819 |
described in division (A)(1) of this section was imposed, the | 1820 |
court may declare a surplus in the fund and, subject to an | 1821 |
appropriation by the board of county commissioners, expend those | 1822 |
surplus funds, or upon an order of the court, subject to the court | 1823 |
making an annual report available to the public listing the use of | 1824 |
all such funds, expend those surplus funds, for other appropriate | 1825 |
technological expenses of the court. | 1826 |
(B)(1) The court of common pleas of any county may determine | 1827 |
that, for the efficient operation of the court, additional funds | 1828 |
are required to make technological advances in or to computerize | 1829 |
the office of the clerk of the court of common pleas and, upon | 1830 |
that determination, authorize and direct the clerk of the court of | 1831 |
common pleas to charge an additional fee, not to exceed twenty | 1832 |
dollars, on the filing of each cause of action or appeal, on the | 1833 |
filing, docketing, and endorsing of each certificate of judgment, | 1834 |
or on the docketing and indexing of each aid in execution or | 1835 |
petition to vacate, revive, or modify a judgment under divisions | 1836 |
(A), (P), (Q), (T), and (U) of section 2303.20 of the Revised Code | 1837 |
and not to exceed one dollar each for the services described in | 1838 |
divisions (B), (C), (D), (F), (H), and (L) of section 2303.20 of | 1839 |
the Revised Code. Subject to division (B)(2) of this section, all | 1840 |
moneys collected under division (B)(1) of this section shall be | 1841 |
paid to the county treasurer to be disbursed, upon an order of the | 1842 |
court of common pleas and subject to appropriation by the board of | 1843 |
county commissioners, in an amount no greater than the actual cost | 1844 |
to the court of procuring and maintaining technology and computer | 1845 |
systems for the office of the clerk of the court of common pleas. | 1846 |
(2) If the court of common pleas of a county makes the | 1847 |
determination described in division (B)(1) of this section, the | 1848 |
board of county commissioners of that county may issue one or more | 1849 |
general obligation bonds for the purpose of procuring and | 1850 |
maintaining the technology and computer systems for the office of | 1851 |
the clerk of the court of common pleas. In addition to the | 1852 |
purposes stated in division (B)(1) of this section for which the | 1853 |
moneys collected under that division may be expended, the moneys | 1854 |
additionally may be expended to pay debt charges on and financing | 1855 |
costs related to any general obligation bonds issued pursuant to | 1856 |
division (B)(2) of this section as they become due. General | 1857 |
obligation bonds issued pursuant to division (B)(2) of this | 1858 |
section are Chapter 133. securities. | 1859 |
(C) The court of common pleas shall collect the sum of | 1860 |
twenty-six dollars as additional filing fees in each new civil | 1861 |
action or proceeding for the charitable public purpose of | 1862 |
providing financial assistance to legal aid societies that operate | 1863 |
within the state and to support the office of the state public | 1864 |
defender. This division does not apply to proceedings concerning | 1865 |
annulments, dissolutions of marriage, divorces, legal separation, | 1866 |
spousal support, marital property or separate property | 1867 |
distribution, support, or other domestic relations matters; to a | 1868 |
juvenile division of a court of common pleas; to a probate | 1869 |
division of a court of common pleas, except that the additional | 1870 |
filing fees shall apply to name change, guardianship, adoption, | 1871 |
and decedents' estate proceedings; or to an execution on a | 1872 |
judgment, proceeding in aid of execution, or other post-judgment | 1873 |
proceeding arising out of a civil action. The filing fees required | 1874 |
to be collected under this division shall be in addition to any | 1875 |
other filing fees imposed in the action or proceeding and shall be | 1876 |
collected at the time of the filing of the action or proceeding. | 1877 |
The court shall not waive the payment of the additional filing | 1878 |
fees in a new civil action or proceeding unless the court waives | 1879 |
the advanced payment of all filing fees in the action or | 1880 |
proceeding. All such moneys collected during a month except for an | 1881 |
amount equal to up to one per cent of those moneys retained to | 1882 |
cover administrative costs shall be transmitted on or before the | 1883 |
twentieth day of the following month by the clerk of the court to | 1884 |
the treasurer of state in a manner prescribed by the treasurer of | 1885 |
state or by the Ohio legal assistance foundation. The treasurer of | 1886 |
state shall deposit four per cent of the funds collected under | 1887 |
this division to the credit of the civil case filing fee fund | 1888 |
established under section 120.07 of the Revised Code and | 1889 |
ninety-six per cent of the funds collected under this division to | 1890 |
the credit of the legal aid fund established under section 120.52 | 1891 |
of the Revised Code. | 1892 |
The court may retain up to one per cent of the moneys it | 1893 |
collects under this division to cover administrative costs, | 1894 |
including the hiring of any additional personnel necessary to | 1895 |
implement this division. If the court fails to transmit to the | 1896 |
treasurer of state the moneys the court collects under this | 1897 |
division in a manner prescribed by the treasurer of state or by | 1898 |
the Ohio legal assistance foundation, the court shall forfeit the | 1899 |
moneys the court retains under this division to cover | 1900 |
administrative costs, including the hiring of any additional | 1901 |
personnel necessary to implement this division, and shall transmit | 1902 |
to the treasurer of state all moneys collected under this | 1903 |
division, including the forfeited amount retained for | 1904 |
administrative costs, for deposit in the legal aid fund. | 1905 |
(D) On and after the thirtieth day after December 9, 1994, | 1906 |
the court of common pleas shall collect the sum of thirty-two | 1907 |
dollars as additional filing fees in each new action or proceeding | 1908 |
for annulment, divorce, or dissolution of marriage for the purpose | 1909 |
of funding shelters for victims of domestic violence pursuant to | 1910 |
sections 3113.35 to 3113.39 of the Revised Code. The filing fees | 1911 |
required to be collected under this division shall be in addition | 1912 |
to any other filing fees imposed in the action or proceeding and | 1913 |
shall be collected at the time of the filing of the action or | 1914 |
proceeding. The court shall not waive the payment of the | 1915 |
additional filing fees in a new action or proceeding for | 1916 |
annulment, divorce, or dissolution of marriage unless the court | 1917 |
waives the advanced payment of all filing fees in the action or | 1918 |
proceeding. On or before the twentieth day of each month, all | 1919 |
moneys collected during the immediately preceding month pursuant | 1920 |
to this division shall be deposited by the clerk of the court into | 1921 |
the county treasury in the special fund used for deposit of | 1922 |
additional marriage license fees as described in section 3113.34 | 1923 |
of the Revised Code. Upon their deposit into the fund, the moneys | 1924 |
shall be retained in the fund and expended only as described in | 1925 |
section 3113.34 of the Revised Code. | 1926 |
(E)(1) The court of common pleas may determine that, for the | 1927 |
efficient operation of the court, additional funds are necessary | 1928 |
to acquire and pay for special projects of the court, including, | 1929 |
but not limited to, the acquisition of additional facilities or | 1930 |
the rehabilitation of existing facilities, the acquisition of | 1931 |
equipment, the hiring and training of staff, community service | 1932 |
programs, mediation or dispute resolution services, the employment | 1933 |
of magistrates, the training and education of judges, acting | 1934 |
judges, and magistrates, and other related services. Upon that | 1935 |
determination, the court by rule may charge a fee, in addition to | 1936 |
all other court costs, on the filing of each criminal cause, civil | 1937 |
action or proceeding, or judgment by confession. | 1938 |
If the court of common pleas offers or requires a special | 1939 |
program or additional services in cases of a specific type, the | 1940 |
court by rule may assess an additional charge in a case of that | 1941 |
type, over and above court costs, to cover the special program or | 1942 |
service. The court shall adjust the special assessment | 1943 |
periodically, but not retroactively, so that the amount assessed | 1944 |
in those cases does not exceed the actual cost of providing the | 1945 |
service or program. | 1946 |
All moneys collected under division (E) of this section shall | 1947 |
be paid to the county treasurer for deposit into either a general | 1948 |
special projects fund or a fund established for a specific special | 1949 |
project. Moneys from a fund of that nature shall be disbursed upon | 1950 |
an order of the court, subject to an appropriation by the board of | 1951 |
county commissioners, in an amount no greater than the actual cost | 1952 |
to the court of a project. If a specific fund is terminated | 1953 |
because of the discontinuance of a program or service established | 1954 |
under division (E) of this section, the court may order, subject | 1955 |
to an appropriation by the board of county commissioners, that | 1956 |
moneys remaining in the fund be transferred to an account | 1957 |
established under this division for a similar purpose. | 1958 |
(2) As used in division (E) of this section: | 1959 |
(a) "Criminal cause" means a charge alleging the violation of | 1960 |
a statute or ordinance, or subsection of a statute or ordinance, | 1961 |
that requires a separate finding of fact or a separate plea before | 1962 |
disposition and of which the defendant may be found guilty, | 1963 |
whether filed as part of a multiple charge on a single summons, | 1964 |
citation, or complaint or as a separate charge on a single | 1965 |
summons, citation, or complaint. "Criminal cause" does not include | 1966 |
separate violations of the same statute or ordinance, or | 1967 |
subsection of the same statute or ordinance, unless each charge is | 1968 |
filed on a separate summons, citation, or complaint. | 1969 |
(b) "Civil action or proceeding" means any civil litigation | 1970 |
that must be determined by judgment entry. | 1971 |
(F) The court of common pleas of a county in which a county | 1972 |
land reutilization corporation is organized under Chapter 1724. of | 1973 |
the Revised Code may collect an additional filing fee of up to | 1974 |
five hundred dollars in each new foreclosure proceeding, except | 1975 |
for tax foreclosure proceedings initiated under Chapter 323. or | 1976 |
5721. of the Revised Code, for the purpose of supporting the | 1977 |
county land reutilization corporation. Any filing fees collected | 1978 |
under this division shall be in addition to any other filing fees | 1979 |
collected at the time of the filing of the proceeding. On or | 1980 |
before the twentieth day of each month, all moneys collected | 1981 |
during the immediately preceding month pursuant to this division | 1982 |
shall be deposited by the clerk of the court into the county | 1983 |
treasury in the county land reutilization fund established under | 1984 |
section 321.263 of the Revised Code. The county land reutilization | 1985 |
corporation shall use all money deposited into the fund to perform | 1986 |
any of the activities the corporation is authorized to perform | 1987 |
under Chapter 1724. or division (D) of section 321.261 of the | 1988 |
Revised Code. | 1989 |
Sec. 2744.01. As used in this chapter: | 1990 |
(A) "Emergency call" means a call to duty, including, but not | 1991 |
limited to, communications from citizens, police dispatches, and | 1992 |
personal observations by peace officers of inherently dangerous | 1993 |
situations that demand an immediate response on the part of a | 1994 |
peace officer. | 1995 |
(B) "Employee" means an officer, agent, employee, or servant, | 1996 |
whether or not compensated or full-time or part-time, who is | 1997 |
authorized to act and is acting within the scope of the officer's, | 1998 |
agent's, employee's, or servant's employment for a political | 1999 |
subdivision. "Employee" does not include an independent contractor | 2000 |
and does not include any individual engaged by a school district | 2001 |
pursuant to section 3319.301 of the Revised Code. "Employee" | 2002 |
includes any elected or appointed official of a political | 2003 |
subdivision. "Employee" also includes a person who has been | 2004 |
convicted of or pleaded guilty to a criminal offense and who has | 2005 |
been sentenced to perform community service work in a political | 2006 |
subdivision whether pursuant to section 2951.02 of the Revised | 2007 |
Code or otherwise, and a child who is found to be a delinquent | 2008 |
child and who is ordered by a juvenile court pursuant to section | 2009 |
2152.19 or 2152.20 of the Revised Code to perform community | 2010 |
service or community work in a political subdivision. | 2011 |
(C)(1) "Governmental function" means a function of a | 2012 |
political subdivision that is specified in division (C)(2) of this | 2013 |
section or that satisfies any of the following: | 2014 |
(a) A function that is imposed upon the state as an | 2015 |
obligation of sovereignty and that is performed by a political | 2016 |
subdivision voluntarily or pursuant to legislative requirement; | 2017 |
(b) A function that is for the common good of all citizens of | 2018 |
the state; | 2019 |
(c) A function that promotes or preserves the public peace, | 2020 |
health, safety, or welfare; that involves activities that are not | 2021 |
engaged in or not customarily engaged in by nongovernmental | 2022 |
persons; and that is not specified in division (G)(2) of this | 2023 |
section as a proprietary function. | 2024 |
(2) A "governmental function" includes, but is not limited | 2025 |
to, the following: | 2026 |
(a) The provision or nonprovision of police, fire, emergency | 2027 |
medical, ambulance, and rescue services or protection; | 2028 |
(b) The power to preserve the peace; to prevent and suppress | 2029 |
riots, disturbances, and disorderly assemblages; to prevent, | 2030 |
mitigate, and clean up releases of oil and hazardous and extremely | 2031 |
hazardous substances as defined in section 3750.01 of the Revised | 2032 |
Code; and to protect persons and property; | 2033 |
(c) The provision of a system of public education; | 2034 |
(d) The provision of a free public library system; | 2035 |
(e) The regulation of the use of, and the maintenance and | 2036 |
repair of, roads, highways, streets, avenues, alleys, sidewalks, | 2037 |
bridges, aqueducts, viaducts, and public grounds; | 2038 |
(f) Judicial, quasi-judicial, prosecutorial, legislative, and | 2039 |
quasi-legislative functions; | 2040 |
(g) The construction, reconstruction, repair, renovation, | 2041 |
maintenance, and operation of buildings that are used in | 2042 |
connection with the performance of a governmental function, | 2043 |
including, but not limited to, office buildings and courthouses; | 2044 |
(h) The design, construction, reconstruction, renovation, | 2045 |
repair, maintenance, and operation of jails, places of juvenile | 2046 |
detention, workhouses, or any other detention facility, as defined | 2047 |
in section 2921.01 of the Revised Code; | 2048 |
(i) The enforcement or nonperformance of any law; | 2049 |
(j) The regulation of traffic, and the erection or | 2050 |
nonerection of traffic signs, signals, or control devices; | 2051 |
(k) The collection and disposal of solid wastes, as defined | 2052 |
in section 3734.01 of the Revised Code, including, but not limited | 2053 |
to, the operation of solid waste disposal facilities, as | 2054 |
"facilities" is defined in that section, and the collection and | 2055 |
management of hazardous waste generated by households. As used in | 2056 |
division (C)(2)(k) of this section, "hazardous waste generated by | 2057 |
households" means solid waste originally generated by individual | 2058 |
households that is listed specifically as hazardous waste in or | 2059 |
exhibits one or more characteristics of hazardous waste as defined | 2060 |
by rules adopted under section 3734.12 of the Revised Code, but | 2061 |
that is excluded from regulation as a hazardous waste by those | 2062 |
rules. | 2063 |
(l) The provision or nonprovision, planning or design, | 2064 |
construction, or reconstruction of a public improvement, | 2065 |
including, but not limited to, a sewer system; | 2066 |
(m) The operation of a job and family services department or | 2067 |
agency, including, but not limited to, the provision of assistance | 2068 |
to aged and infirm persons and to persons who are indigent; | 2069 |
(n) The operation of a health board, department, or agency, | 2070 |
including, but not limited to, any statutorily required or | 2071 |
permissive program for the provision of immunizations or other | 2072 |
inoculations to all or some members of the public, provided that a | 2073 |
"governmental function" does not include the supply, manufacture, | 2074 |
distribution, or development of any drug or vaccine employed in | 2075 |
any such immunization or inoculation program by any supplier, | 2076 |
manufacturer, distributor, or developer of the drug or vaccine; | 2077 |
(o) The operation of mental health facilities, mental | 2078 |
retardation or developmental disabilities facilities, alcohol | 2079 |
treatment and control centers, and children's homes or agencies; | 2080 |
(p) The provision or nonprovision of inspection services of | 2081 |
all types, including, but not limited to, inspections in | 2082 |
connection with building, zoning, sanitation, fire, plumbing, and | 2083 |
electrical codes, and the taking of actions in connection with | 2084 |
those types of codes, including, but not limited to, the approval | 2085 |
of plans for the construction of buildings or structures and the | 2086 |
issuance or revocation of building permits or stop work orders in | 2087 |
connection with buildings or structures; | 2088 |
(q) Urban renewal projects and the elimination of slum | 2089 |
conditions, including the performance of any activity that a | 2090 |
county land reutilization corporation is authorized to perform | 2091 |
under Chapter 1724. or 5722. of the Revised Code; | 2092 |
(r) Flood control measures; | 2093 |
(s) The design, construction, reconstruction, renovation, | 2094 |
operation, care, repair, and maintenance of a township cemetery; | 2095 |
(t) The issuance of revenue obligations under section 140.06 | 2096 |
of the Revised Code; | 2097 |
(u) The design, construction, reconstruction, renovation, | 2098 |
repair, maintenance, and operation of any school athletic | 2099 |
facility, school auditorium, or gymnasium or any recreational area | 2100 |
or facility, including, but not limited to, any of the following: | 2101 |
(i) A park, playground, or playfield; | 2102 |
(ii) An indoor recreational facility; | 2103 |
(iii) A zoo or zoological park; | 2104 |
(iv) A bath, swimming pool, pond, water park, wading pool, | 2105 |
wave pool, water slide, or other type of aquatic facility; | 2106 |
(v) A golf course; | 2107 |
(vi) A bicycle motocross facility or other type of | 2108 |
recreational area or facility in which bicycling, skating, skate | 2109 |
boarding, or scooter riding is engaged; | 2110 |
(vii) A rope course or climbing walls; | 2111 |
(viii) An all-purpose vehicle facility in which all-purpose | 2112 |
vehicles, as defined in section 4519.01 of the Revised Code, are | 2113 |
contained, maintained, or operated for recreational activities. | 2114 |
(v) The provision of public defender services by a county or | 2115 |
joint county public defender's office pursuant to Chapter 120. of | 2116 |
the Revised Code; | 2117 |
(w)(i) At any time before regulations prescribed pursuant to | 2118 |
49 U.S.C.A 20153 become effective, the designation, establishment, | 2119 |
design, construction, implementation, operation, repair, or | 2120 |
maintenance of a public road rail crossing in a zone within a | 2121 |
municipal corporation in which, by ordinance, the legislative | 2122 |
authority of the municipal corporation regulates the sounding of | 2123 |
locomotive horns, whistles, or bells; | 2124 |
(ii) On and after the effective date of regulations | 2125 |
prescribed pursuant to 49 U.S.C.A. 20153, the designation, | 2126 |
establishment, design, construction, implementation, operation, | 2127 |
repair, or maintenance of a public road rail crossing in such a | 2128 |
zone or of a supplementary safety measure, as defined in 49 | 2129 |
U.S.C.A 20153, at or for a public road rail crossing, if and to | 2130 |
the extent that the public road rail crossing is excepted, | 2131 |
pursuant to subsection (c) of that section, from the requirement | 2132 |
of the regulations prescribed under subsection (b) of that | 2133 |
section. | 2134 |
(x) A function that the general assembly mandates a political | 2135 |
subdivision to perform. | 2136 |
(D) "Law" means any provision of the constitution, statutes, | 2137 |
or rules of the United States or of this state; provisions of | 2138 |
charters, ordinances, resolutions, and rules of political | 2139 |
subdivisions; and written policies adopted by boards of education. | 2140 |
When used in connection with the "common law," this definition | 2141 |
does not apply. | 2142 |
(E) "Motor vehicle" has the same meaning as in section | 2143 |
4511.01 of the Revised Code. | 2144 |
(F) "Political subdivision" or "subdivision" means a | 2145 |
municipal corporation, township, county, school district, or other | 2146 |
body corporate and politic responsible for governmental activities | 2147 |
in a geographic area smaller than that of the state. "Political | 2148 |
subdivision" includes, but is not limited to, a county hospital | 2149 |
commission appointed under section 339.14 of the Revised Code, | 2150 |
board of hospital commissioners appointed for a municipal hospital | 2151 |
under section 749.04 of the Revised Code, board of hospital | 2152 |
trustees appointed for a municipal hospital under section 749.22 | 2153 |
of the Revised Code, regional planning commission created pursuant | 2154 |
to section 713.21 of the Revised Code, county planning commission | 2155 |
created pursuant to section 713.22 of the Revised Code, joint | 2156 |
planning council created pursuant to section 713.231 of the | 2157 |
Revised Code, interstate regional planning commission created | 2158 |
pursuant to section 713.30 of the Revised Code, port authority | 2159 |
created pursuant to section 4582.02 or 4582.26 of the Revised Code | 2160 |
or in existence on December 16, 1964, regional council established | 2161 |
by political subdivisions pursuant to Chapter 167. of the Revised | 2162 |
Code, emergency planning district and joint emergency planning | 2163 |
district designated under section 3750.03 of the Revised Code, | 2164 |
joint emergency medical services district created pursuant to | 2165 |
section 307.052 of the Revised Code, fire and ambulance district | 2166 |
created pursuant to section 505.375 of the Revised Code, joint | 2167 |
interstate emergency planning district established by an agreement | 2168 |
entered into under that section, county solid waste management | 2169 |
district and joint solid waste management district established | 2170 |
under section 343.01 or 343.012 of the Revised Code, community | 2171 |
school established under Chapter 3314. of the Revised Code, county | 2172 |
land reutilization corporation organized under Chapter 1724. of | 2173 |
the Revised Code, the county or counties served by a | 2174 |
community-based correctional facility and program or district | 2175 |
community-based correctional facility and program established and | 2176 |
operated under sections 2301.51 to 2301.58 of the Revised Code, a | 2177 |
community-based correctional facility and program or district | 2178 |
community-based correctional facility and program that is so | 2179 |
established and operated, and the facility governing board of a | 2180 |
community-based correctional facility and program or district | 2181 |
community-based correctional facility and program that is so | 2182 |
established and operated. | 2183 |
(G)(1) "Proprietary function" means a function of a political | 2184 |
subdivision that is specified in division (G)(2) of this section | 2185 |
or that satisfies both of the following: | 2186 |
(a) The function is not one described in division (C)(1)(a) | 2187 |
or (b) of this section and is not one specified in division (C)(2) | 2188 |
of this section; | 2189 |
(b) The function is one that promotes or preserves the public | 2190 |
peace, health, safety, or welfare and that involves activities | 2191 |
that are customarily engaged in by nongovernmental persons. | 2192 |
(2) A "proprietary function" includes, but is not limited to, | 2193 |
the following: | 2194 |
(a) The operation of a hospital by one or more political | 2195 |
subdivisions; | 2196 |
(b) The design, construction, reconstruction, renovation, | 2197 |
repair, maintenance, and operation of a public cemetery other than | 2198 |
a township cemetery; | 2199 |
(c) The establishment, maintenance, and operation of a | 2200 |
utility, including, but not limited to, a light, gas, power, or | 2201 |
heat plant, a railroad, a busline or other transit company, an | 2202 |
airport, and a municipal corporation water supply system; | 2203 |
(d) The maintenance, destruction, operation, and upkeep of a | 2204 |
sewer system; | 2205 |
(e) The operation and control of a public stadium, | 2206 |
auditorium, civic or social center, exhibition hall, arts and | 2207 |
crafts center, band or orchestra, or off-street parking facility. | 2208 |
(H) "Public roads" means public roads, highways, streets, | 2209 |
avenues, alleys, and bridges within a political subdivision. | 2210 |
"Public roads" does not include berms, shoulders, rights-of-way, | 2211 |
or traffic control devices unless the traffic control devices are | 2212 |
mandated by the Ohio manual of uniform traffic control devices. | 2213 |
(I) "State" means the state of Ohio, including, but not | 2214 |
limited to, the general assembly, the supreme court, the offices | 2215 |
of all elected state officers, and all departments, boards, | 2216 |
offices, commissions, agencies, colleges and universities, | 2217 |
institutions, and other instrumentalities of the state of Ohio. | 2218 |
"State" does not include political subdivisions. | 2219 |
Sec. 5709.12. (A) As used in this section, "independent | 2220 |
living facilities" means any residential housing facilities and | 2221 |
related property that are not a nursing home, residential care | 2222 |
facility, or residential facility as defined in division (A) of | 2223 |
section 5701.13 of the Revised Code. | 2224 |
(B) Lands, houses, and other buildings belonging to a county, | 2225 |
township, or municipal corporation and used exclusively for the | 2226 |
accommodation or support of the poor, or leased to the state or | 2227 |
any political subdivision for public purposes shall be exempt from | 2228 |
taxation. Real and tangible personal property belonging to | 2229 |
institutions that is used exclusively for charitable purposes | 2230 |
shall be exempt from taxation, including real property belonging | 2231 |
to an institution that is a nonprofit corporation that receives a | 2232 |
grant under the Thomas Alva Edison grant program authorized by | 2233 |
division (C) of section 122.33 of the Revised Code at any time | 2234 |
during the tax year and being held for leasing or resale to | 2235 |
others. If, at any time during a tax year for which such property | 2236 |
is exempted from taxation, the corporation ceases to qualify for | 2237 |
such a grant, the director of development shall notify the tax | 2238 |
commissioner, and the tax commissioner shall cause the property to | 2239 |
be restored to the tax list beginning with the following tax year. | 2240 |
All property owned and used by a nonprofit organization | 2241 |
exclusively for a home for the aged, as defined in section 5701.13 | 2242 |
of the Revised Code, also shall be exempt from taxation. | 2243 |
(C)(1) If a home for the aged described in division (B)(1) of | 2244 |
section 5701.13 of the Revised Code is operated in conjunction | 2245 |
with or at the same site as independent living facilities, the | 2246 |
exemption granted in division (B) of this section shall include | 2247 |
kitchen, dining room, clinic, entry ways, maintenance and storage | 2248 |
areas, and land necessary for access commonly used by both | 2249 |
residents of the home for the aged and residents of the | 2250 |
independent living facilities. Other facilities commonly used by | 2251 |
both residents of the home for the aged and residents of | 2252 |
independent living units shall be exempt from taxation only if the | 2253 |
other facilities are used primarily by the residents of the home | 2254 |
for the aged. Vacant land currently unused by the home, and | 2255 |
independent living facilities and the lands connected with them | 2256 |
are not exempt from taxation. Except as provided in division | 2257 |
(A)(1) of section 5709.121 of the Revised Code, property of a home | 2258 |
leased for nonresidential purposes is not exempt from taxation. | 2259 |
(2) Independent living facilities are exempt from taxation if | 2260 |
they are operated in conjunction with or at the same site as a | 2261 |
home for the aged described in division (B)(2) of section 5701.13 | 2262 |
of the Revised Code; operated by a corporation, association, or | 2263 |
trust described in division (B)(1)(b) of that section; operated | 2264 |
exclusively for the benefit of members of the corporation, | 2265 |
association, or trust who are retired, aged, or infirm; and | 2266 |
provided to those members without charge in consideration of their | 2267 |
service, without compensation, to a charitable, religious, | 2268 |
fraternal, or educational institution. For the purposes of | 2269 |
division (C)(2) of this section, "compensation" does not include | 2270 |
furnishing room and board, clothing, health care, or other | 2271 |
necessities, or stipends or other de minimis payments to defray | 2272 |
the cost thereof. | 2273 |
(D)(1) A private corporation established under federal law, | 2274 |
as defined in 36 U.S.C. 1101, Pub. L. No. 102-199, 105 Stat. 1629, | 2275 |
as amended, the objects of which include encouraging the | 2276 |
advancement of science generally, or of a particular branch of | 2277 |
science, the promotion of scientific research, the improvement of | 2278 |
the qualifications and usefulness of scientists, or the increase | 2279 |
and diffusion of scientific knowledge is conclusively presumed to | 2280 |
be a charitable or educational institution. A private corporation | 2281 |
established as a nonprofit corporation under the laws of a state | 2282 |
that is exempt from federal income taxation under section | 2283 |
501(c)(3) of the Internal Revenue Code of 1986, 100 Stat. 2085, 26 | 2284 |
U.S.C.A. 1, as amended, and that has as its principal purpose one | 2285 |
or more of the foregoing objects | 2286 |
be a charitable or educational institution. | 2287 |
The fact that an organization described in this division | 2288 |
operates in a manner that results in an excess of revenues over | 2289 |
expenses shall not be used to deny the exemption granted by this | 2290 |
section, provided such excess is used, or is held for use, for | 2291 |
exempt purposes or to establish a reserve against future | 2292 |
contingencies; and, provided further, that such excess may not be | 2293 |
distributed to individual persons or to entities that would not be | 2294 |
entitled to the tax exemptions provided by this chapter. Nor shall | 2295 |
the fact that any scientific information diffused by the | 2296 |
organization is of particular interest or benefit to any of its | 2297 |
individual members be used to deny the exemption granted by this | 2298 |
section, provided that such scientific information is available to | 2299 |
the public for purchase or otherwise. | 2300 |
(2) Division (D)(2) of this section does not apply to real | 2301 |
property exempted from taxation under this section and division | 2302 |
(A)(3) of section 5709.121 of the Revised Code and belonging to a | 2303 |
nonprofit corporation described in division (D)(1) of this section | 2304 |
that has received a grant under the Thomas Alva Edison grant | 2305 |
program authorized by division (C) of section 122.33 of the | 2306 |
Revised Code during any of the tax years the property was exempted | 2307 |
from taxation. | 2308 |
When a private corporation described in division (D)(1) of | 2309 |
this section sells all or any portion of a tract, lot, or parcel | 2310 |
of real estate that has been exempt from taxation under this | 2311 |
section and section 5709.121 of the Revised Code, the portion sold | 2312 |
shall be restored to the tax list for the year following the year | 2313 |
of the sale and, except in connection with a sale and transfer of | 2314 |
such a tract, lot, or parcel to a county land reutilization | 2315 |
corporation organized under Chapter 1724. of the Revised Code, a | 2316 |
charge shall be levied against the sold property in an amount | 2317 |
equal to the tax savings on such property during the four tax | 2318 |
years preceding the year the property is placed on the tax list. | 2319 |
The tax savings equals the amount of the additional taxes that | 2320 |
would have been levied if such property had not been exempt from | 2321 |
taxation. | 2322 |
The charge constitutes a lien of the state upon such property | 2323 |
as of the first day of January of the tax year in which the charge | 2324 |
is levied and continues until discharged as provided by law. The | 2325 |
charge may also be remitted for all or any portion of such | 2326 |
property that the tax commissioner determines is entitled to | 2327 |
exemption from real property taxation for the year such property | 2328 |
is restored to the tax list under any provision of the Revised | 2329 |
Code, other than sections 725.02, 1728.10, 3735.67, 5709.40, | 2330 |
5709.41, 5709.62, 5709.63, 5709.71, 5709.73, 5709.78, and 5709.84, | 2331 |
upon an application for exemption covering the year such property | 2332 |
is restored to the tax list filed under section 5715.27 of the | 2333 |
Revised Code. | 2334 |
(E) Real property held by an organization organized and | 2335 |
operated exclusively for charitable purposes as described under | 2336 |
section 501(c)(3) of the Internal Revenue Code and exempt from | 2337 |
federal taxation under section 501(a) of the Internal Revenue | 2338 |
Code, 26 U.S.C.A. 501(a) and (c)(3), as amended, for the purpose | 2339 |
of constructing or rehabilitating residences for eventual transfer | 2340 |
to qualified low-income families through sale, lease, or land | 2341 |
installment contract, shall be exempt from taxation. | 2342 |
The exemption shall commence on the day title to the property | 2343 |
is transferred to the organization and shall continue to the end | 2344 |
of the tax year in which the organization transfers title to the | 2345 |
property to a qualified low-income family. In no case shall the | 2346 |
exemption extend beyond the second succeeding tax year following | 2347 |
the year in which the title was transferred to the organization. | 2348 |
If the title is transferred to the organization and from the | 2349 |
organization to a qualified low-income family in the same tax | 2350 |
year, the exemption shall continue to the end of that tax year. | 2351 |
The proportionate amount of taxes that are a lien but not yet | 2352 |
determined, assessed, and levied for the tax year in which title | 2353 |
is transferred to the organization shall be remitted by the county | 2354 |
auditor for each day of the year that title is held by the | 2355 |
organization. | 2356 |
Upon transferring the title to another person, the | 2357 |
organization shall file with the county auditor an affidavit | 2358 |
affirming that the title was transferred to a qualified low-income | 2359 |
family or that the title was not transferred to a qualified | 2360 |
low-income family, as the case may be; if the title was | 2361 |
transferred to a qualified low-income family, the affidavit shall | 2362 |
identify the transferee by name. If the organization transfers | 2363 |
title to the property to anyone other than a qualified low-income | 2364 |
family, the exemption, if it has not previously expired, shall | 2365 |
terminate, and the property shall be restored to the tax list for | 2366 |
the year following the year of the transfer and a charge shall be | 2367 |
levied against the property in an amount equal to the amount of | 2368 |
additional taxes that would have been levied if such property had | 2369 |
not been exempt from taxation. The charge constitutes a lien of | 2370 |
the state upon such property as of the first day of January of the | 2371 |
tax year in which the charge is levied and continues until | 2372 |
discharged as provided by law. | 2373 |
The application for exemption shall be filed as otherwise | 2374 |
required under section 5715.27 of the Revised Code, except that | 2375 |
the organization holding the property shall file with its | 2376 |
application documentation substantiating its status as an | 2377 |
organization organized and operated exclusively for charitable | 2378 |
purposes under section 501(c)(3) of the Internal Revenue Code and | 2379 |
its qualification for exemption from federal taxation under | 2380 |
section 501(a) of the Internal Revenue Code, and affirming its | 2381 |
intention to construct or rehabilitate the property for the | 2382 |
eventual transfer to qualified low-income families. | 2383 |
As used in this division, "qualified low-income family" means | 2384 |
a family whose income does not exceed two hundred per cent of the | 2385 |
official federal poverty guidelines as revised annually in | 2386 |
accordance with section 673(2) of the "Omnibus Budget | 2387 |
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as | 2388 |
amended, for a family size equal to the size of the family whose | 2389 |
income is being determined. | 2390 |
(F)(1)(a) Real property held by a county land reutilization | 2391 |
corporation organized under Chapter 1724. of the Revised Code | 2392 |
shall be exempt from taxation. Notwithstanding section 5715.27 of | 2393 |
the Revised Code, a county land reutilization corporation is not | 2394 |
required to apply to any county or state agency in order to | 2395 |
qualify for the exemption. | 2396 |
(b) Real property acquired or held by an electing subdivision | 2397 |
other than a county land reutilization corporation on or after | 2398 |
April 9, 2009, for the purpose of implementing an effective land | 2399 |
reutilization program or for a related public purpose shall be | 2400 |
exempt from taxation until sold or transferred by the electing | 2401 |
subdivision. Notwithstanding section 5715.27 of the Revised Code, | 2402 |
an electing subdivision is not required to apply to any county or | 2403 |
state agency in order to qualify for an exemption with respect to | 2404 |
property acquired or held for such purposes on or after such date, | 2405 |
regardless of how the electing subdivision acquires the property. | 2406 |
As used in this section, "electing subdivision" and "land | 2407 |
reutilization program" have the same meanings as in section | 2408 |
5722.01 of the Revised Code, and "county land reutilization | 2409 |
corporation" means a county land reutilization corporation | 2410 |
organized under Chapter 1724. of the Revised Code and any | 2411 |
subsidiary wholly owned by such a county land reutilization | 2412 |
corporation. | 2413 |
| 2414 |
section shall commence on the day title to the property is | 2415 |
transferred to the corporation or electing subdivision and shall | 2416 |
continue to the end of the tax year in which the instrument | 2417 |
transferring title from the corporation or subdivision to another | 2418 |
owner is recorded, if the use to which the other owner puts the | 2419 |
property does not qualify for an exemption under this section or | 2420 |
any other section of the Revised Code. If the title to the | 2421 |
property is transferred to the corporation and from the | 2422 |
corporation, or to the subdivision and from the subdivision, in | 2423 |
the same tax year, the exemption shall continue to the end of that | 2424 |
tax year. The proportionate amount of taxes that are a lien but | 2425 |
not yet determined, assessed, and levied for the tax year in which | 2426 |
title is transferred to the corporation or subdivision shall be | 2427 |
remitted by the county auditor for each day of the year that title | 2428 |
is held by the corporation or subdivision. | 2429 |
Upon transferring the title to another person, the | 2430 |
corporation or electing subdivision shall file with the county | 2431 |
auditor an affidavit or conveyance form affirming that the title | 2432 |
was transferred to such other person and shall identify the | 2433 |
transferee by name. If the corporation or subdivision transfers | 2434 |
title to the property to anyone that does not qualify or the use | 2435 |
to which the property is put does not qualify the property for an | 2436 |
exemption under this section or any other section of the Revised | 2437 |
Code, the exemption, if it has not previously expired, shall | 2438 |
terminate, and the property shall be restored to the tax list for | 2439 |
the year following the year of the transfer. A charge shall be | 2440 |
levied against the property in an amount equal to the amount of | 2441 |
additional taxes that would have been levied if such property had | 2442 |
not been exempt from taxation. The charge constitutes a lien of | 2443 |
the state upon such property as of the first day of January of the | 2444 |
tax year in which the charge is levied and continues until | 2445 |
discharged as provided by law. | 2446 |
In lieu of the application for exemption otherwise required | 2447 |
to be filed as required under section 5715.27 of the Revised Code, | 2448 |
a | 2449 |
shall, upon the request of any county or state agency, submit its | 2450 |
articles of incorporation substantiating its status as a county | 2451 |
land reutilization corporation. | 2452 |
Sec. 5721.01. (A) As used in this chapter: | 2453 |
(1) "Delinquent lands" means all lands, including lands that | 2454 |
are unimproved by any dwelling, upon which delinquent taxes, as | 2455 |
defined in section 323.01 of the Revised Code, remain unpaid at | 2456 |
the time a settlement is made between the county treasurer and | 2457 |
auditor pursuant to division (C) of section 321.24 of the Revised | 2458 |
Code. | 2459 |
(2) "Delinquent vacant lands" means all lands that have been | 2460 |
delinquent lands for at least one year and that are unimproved by | 2461 |
any dwelling. | 2462 |
(3) "County land reutilization corporation" means a county | 2463 |
land reutilization corporation organized under Chapter 1724. of | 2464 |
the Revised Code. | 2465 |
(B) As used in sections 5719.04, 5721.03, and 5721.31 of the | 2466 |
Revised Code and in any other sections of the Revised Code to | 2467 |
which those sections are applicable, a "newspaper" or "newspaper | 2468 |
of general circulation" has the same meaning as in section 7.12 of | 2469 |
the Revised Code. | 2470 |
Sec. 5721.03. (A) At the time of making the delinquent land | 2471 |
list, as provided in section 5721.011 of the Revised Code, the | 2472 |
county auditor shall compile a delinquent tax list consisting of | 2473 |
all lands on the delinquent land list on which taxes have become | 2474 |
delinquent at the close of the collection period immediately | 2475 |
preceding the making of the delinquent land list. The auditor | 2476 |
shall also compile a delinquent vacant land tax list of all | 2477 |
delinquent vacant lands prior to the institution of any | 2478 |
foreclosure and forfeiture actions against delinquent vacant lands | 2479 |
under section 5721.14 of the Revised Code or any foreclosure | 2480 |
actions against delinquent vacant lands under section 5721.18 of | 2481 |
the Revised Code. | 2482 |
The delinquent tax list, and the delinquent vacant land tax | 2483 |
list if one is compiled, shall contain all of the information | 2484 |
included on the delinquent land list, except that, if the | 2485 |
auditor's records show that the name of the person in whose name | 2486 |
the property currently is listed is not the name that appears on | 2487 |
the delinquent land list, the name used in the delinquent tax list | 2488 |
or the delinquent vacant land tax list shall be the name of the | 2489 |
person the auditor's records show as the person in whose name the | 2490 |
property currently is listed. | 2491 |
Lands that have been included in a previously published | 2492 |
delinquent tax list shall not be included in the delinquent tax | 2493 |
list so long as taxes have remained delinquent on such lands for | 2494 |
the entire intervening time. | 2495 |
In either list, there may be included lands that have been | 2496 |
omitted in error from a prior list and lands with respect to which | 2497 |
the auditor has received a certification that a delinquent tax | 2498 |
contract has become void since the publication of the last | 2499 |
previously published list, provided the name of the owner was | 2500 |
stricken from a prior list under section 5721.02 of the Revised | 2501 |
Code. | 2502 |
(B)(1) The auditor shall cause the delinquent tax list and | 2503 |
the delinquent vacant land tax list, if one is compiled, to be | 2504 |
published twice within sixty days after the delivery of the | 2505 |
delinquent land duplicate to the county treasurer, in a newspaper | 2506 |
of general circulation in the county. The newspaper shall meet the | 2507 |
requirements of section 7.12 of the Revised Code. The auditor may | 2508 |
publish the list or lists on a | 2509 |
the newspaper. The cost of the second publication of the list or | 2510 |
lists shall not exceed three-fourths of the cost of the first | 2511 |
publication of the list or lists. | 2512 |
The auditor shall insert display notices of the forthcoming | 2513 |
publication of the delinquent tax list and, if it is to be | 2514 |
published, the delinquent vacant land tax list once a week for two | 2515 |
consecutive weeks in a newspaper of general circulation in the | 2516 |
county. The display notices shall contain the times and methods of | 2517 |
payment of taxes provided by law, including information concerning | 2518 |
installment payments made in accordance with a written delinquent | 2519 |
tax contract. The display notice for the delinquent tax list also | 2520 |
shall include a notice that an interest charge will accrue on | 2521 |
accounts remaining unpaid after the last day of November unless | 2522 |
the taxpayer enters into a written delinquent tax contract to pay | 2523 |
such taxes in installments. The display notice for the delinquent | 2524 |
vacant land tax list if it is to be published also shall include a | 2525 |
notice that delinquent vacant lands in the list are lands on which | 2526 |
taxes have remained unpaid for one year after being certified | 2527 |
delinquent, and that they are subject to foreclosure proceedings | 2528 |
as provided in section 323.25, sections 323.65 to 323.79, or | 2529 |
section 5721.18 of the Revised Code, or foreclosure and forfeiture | 2530 |
proceedings as provided in section 5721.14 of the Revised Code. | 2531 |
Each display notice also shall state that the lands are subject to | 2532 |
a tax certificate sale under section 5721.32 or 5721.33 of the | 2533 |
Revised Code or assignment to a county land reutilization | 2534 |
corporation, as the case may be, and shall include any other | 2535 |
information that the auditor considers pertinent to the purpose of | 2536 |
the notice. The display notices shall be furnished by the auditor | 2537 |
to the newspaper selected to publish the lists at least ten days | 2538 |
before their first publication. | 2539 |
(2) Publication of the list or lists may be made by a | 2540 |
newspaper in installments, provided the complete publication of | 2541 |
each list is made twice during the sixty-day period. | 2542 |
(3) There shall be attached to the delinquent tax list a | 2543 |
notice that the delinquent lands will be certified for foreclosure | 2544 |
by the auditor unless the taxes, assessments, interest, and | 2545 |
penalties due and owing on them are paid. There shall be attached | 2546 |
to the delinquent vacant land tax list, if it is to be published, | 2547 |
a notice that delinquent vacant lands will be certified for | 2548 |
foreclosure or foreclosure and forfeiture by the auditor unless | 2549 |
the taxes, assessments, interest, and penalties due and owing on | 2550 |
them are paid within twenty-eight days after the final publication | 2551 |
of the notice. | 2552 |
(4) The auditor shall review the first publication of each | 2553 |
list for accuracy and completeness and may correct any errors | 2554 |
appearing in the list in the second publication. | 2555 |
(5) Nothing in this section prohibits a foreclosure action | 2556 |
from being brought against a parcel of land under section 323.25, | 2557 |
sections 323.65 to 323.79, or section 5721.18 of the Revised Code | 2558 |
before the delinquent tax list or delinquent vacant land tax list | 2559 |
that includes the parcel is published pursuant to division (B)(1) | 2560 |
of this section if the list is not published within the time | 2561 |
prescribed by that division. | 2562 |
(C) For the purposes of section 5721.18 of the Revised Code, | 2563 |
land is first certified delinquent on the date of the | 2564 |
certification of the delinquent land list containing that land. | 2565 |
Sec. 5721.14. Subject to division (A)(2) of this section, on | 2566 |
receipt of a delinquent vacant land tax certificate or a master | 2567 |
list of delinquent vacant tracts, a county prosecuting attorney | 2568 |
shall institute a foreclosure proceeding under section 323.25, | 2569 |
sections 323.65 to 323.79, or section 5721.18 of the Revised Code, | 2570 |
or a foreclosure and forfeiture proceeding under this section. If | 2571 |
the delinquent vacant land tax certificate or a master list of | 2572 |
delinquent vacant tracts lists minerals or rights to minerals | 2573 |
listed pursuant to sections 5713.04, 5713.05, and 5713.06 of the | 2574 |
Revised Code, the county prosecuting attorney may institute a | 2575 |
foreclosure proceeding under section 323.25, sections 323.65 to | 2576 |
323.79, or section 5721.18 of the Revised Code or a foreclosure | 2577 |
and forfeiture proceeding under this section against such minerals | 2578 |
or rights to minerals. | 2579 |
(A)(1) The prosecuting attorney shall institute a proceeding | 2580 |
under this section by filing, in the name of the county treasurer | 2581 |
and with the clerk of a court with jurisdiction, a complaint that | 2582 |
requests that the lien of the state on the property identified in | 2583 |
the certificate or master list be foreclosed and that the property | 2584 |
be forfeited to the state. The prosecuting attorney shall | 2585 |
prosecute the proceeding to final judgment and satisfaction. | 2586 |
(2) If the delinquent taxes, assessments, charges, penalties, | 2587 |
and interest are paid prior to the time a complaint is filed, the | 2588 |
prosecuting attorney shall not institute a proceeding under this | 2589 |
section. If there is a copy of a written delinquent tax contract | 2590 |
attached to the certificate or an asterisk next to an entry on the | 2591 |
master list, or if a copy of a delinquent tax contract is received | 2592 |
from the county auditor prior to the commencement of the | 2593 |
proceeding under this section, the prosecuting attorney shall not | 2594 |
institute the proceeding under this section unless the prosecuting | 2595 |
attorney receives a certification of the county treasurer that the | 2596 |
delinquent tax contract has become void. | 2597 |
(B) Foreclosure and forfeiture proceedings instituted under | 2598 |
this section constitute an action in rem. Prior to filing such an | 2599 |
action in rem, the county prosecuting attorney shall cause a title | 2600 |
search to be conducted for the purpose of identifying any | 2601 |
lienholders or other persons with interests in the property that | 2602 |
is subject to foreclosure and forfeiture. Following the title | 2603 |
search, the action in rem shall be instituted by filing in the | 2604 |
office of the clerk of a court with jurisdiction a complaint | 2605 |
bearing a caption substantially in the form set forth in division | 2606 |
(A) of section 5721.15 of the Revised Code. | 2607 |
Any number of parcels may be joined in one action. Each | 2608 |
separate parcel included in a complaint shall be given a serial | 2609 |
number and shall be separately indexed and docketed by the clerk | 2610 |
of the court in a book kept by the clerk for such purpose. A | 2611 |
complaint shall contain the permanent parcel number of each parcel | 2612 |
included in it, the full street address of the parcel when | 2613 |
available, a description of the parcel as set forth in the | 2614 |
certificate or master list, the name and address of the last known | 2615 |
owner of the parcel if they appear on the general tax list, the | 2616 |
name and address of each lienholder and other person with an | 2617 |
interest in the parcel identified in the title search relating to | 2618 |
the parcel that is required by this division, and the amount of | 2619 |
taxes, assessments, charges, penalties, and interest due and | 2620 |
unpaid with respect to the parcel. It is sufficient for the county | 2621 |
treasurer to allege in the complaint that the certificate or | 2622 |
master list has been duly filed by the county auditor with respect | 2623 |
to each parcel listed, that the amount of money with respect to | 2624 |
each parcel appearing to be due and unpaid is due and unpaid, and | 2625 |
that there is a lien against each parcel, without setting forth | 2626 |
any other or special matters. The prayer of the complaint shall be | 2627 |
that the court issue an order that the lien of the state on each | 2628 |
of the parcels included in the complaint be foreclosed, that the | 2629 |
property be forfeited to the state, and that the land be offered | 2630 |
for sale in the manner provided in section 5723.06 of the Revised | 2631 |
Code. | 2632 |
(C) Within thirty days after the filing of a complaint, the | 2633 |
clerk of the court in which the complaint was filed shall cause a | 2634 |
notice of foreclosure and forfeiture substantially in the form of | 2635 |
the notice set forth in division (B) of section 5721.15 of the | 2636 |
Revised Code to be published once a week for three consecutive | 2637 |
weeks in a newspaper of general circulation in the county. In any | 2638 |
county that has adopted a permanent parcel number system, the | 2639 |
parcel may be described in the notice by parcel number only, | 2640 |
instead of also with a complete legal description, if the county | 2641 |
prosecuting attorney determines that the publication of the | 2642 |
complete legal description is not necessary to provide reasonable | 2643 |
notice of the foreclosure and forfeiture proceeding to the | 2644 |
interested parties. If the complete legal description is not | 2645 |
published, the notice shall indicate where the complete legal | 2646 |
description may be obtained. | 2647 |
After the third publication, the publisher shall file with | 2648 |
the clerk of the court an affidavit stating the fact of the | 2649 |
publication and including a copy of the notice of foreclosure and | 2650 |
forfeiture as published. Service of process for purposes of the | 2651 |
action in rem shall be considered as complete on the date of the | 2652 |
last publication. | 2653 |
Within thirty days after the filing of a complaint and before | 2654 |
the date of the final publication of the notice of foreclosure and | 2655 |
forfeiture, the clerk of the court also shall cause a copy of a | 2656 |
notice substantially in the form of the notice set forth in | 2657 |
division (C) of section 5721.15 of the Revised Code to be mailed | 2658 |
by ordinary mail, with postage prepaid, to each person named in | 2659 |
the complaint as being the last known owner of a parcel included | 2660 |
in it, or as being a lienholder or other person with an interest | 2661 |
in a parcel included in it. The notice shall be sent to the | 2662 |
address of each such person, as set forth in the complaint, and | 2663 |
the clerk shall enter the fact of such mailing upon the appearance | 2664 |
docket. If the name and address of the last known owner of a | 2665 |
parcel included in a complaint is not set forth in it, the county | 2666 |
auditor shall file an affidavit with the clerk stating that the | 2667 |
name and address of the last known owner does not appear on the | 2668 |
general tax list. | 2669 |
(D)(1) An answer may be filed in a foreclosure and forfeiture | 2670 |
proceeding by any person owning or claiming any right, title, or | 2671 |
interest in, or lien upon, any parcel described in the complaint. | 2672 |
The answer shall contain the caption and number of the action and | 2673 |
the serial number of the parcel concerned. The answer shall set | 2674 |
forth the nature and amount of interest claimed in the parcel and | 2675 |
any defense or objection to the foreclosure of the lien of the | 2676 |
state for delinquent taxes, assessments, charges, penalties, and | 2677 |
interest, as shown in the complaint. The answer shall be filed in | 2678 |
the office of the clerk of the court, and a copy of the answer | 2679 |
shall be served on the county prosecuting attorney not later than | 2680 |
twenty-eight days after the date of final publication of the | 2681 |
notice of foreclosure and forfeiture. If an answer is not filed | 2682 |
within such time, a default judgment may be taken as to any parcel | 2683 |
included in a complaint as to which no answer has been filed. A | 2684 |
default judgment is valid and effective with respect to all | 2685 |
persons owning or claiming any right, title, or interest in, or | 2686 |
lien upon, any such parcel, notwithstanding that one or more of | 2687 |
such persons are minors, incompetents, absentees or nonresidents | 2688 |
of the state, or convicts in confinement. | 2689 |
(2)(a) A receiver appointed pursuant to divisions (C)(2) and | 2690 |
(3) of section 3767.41 of the Revised Code may file an answer | 2691 |
pursuant to division (D)(1) of this section, but is not required | 2692 |
to do so as a condition of receiving proceeds in a distribution | 2693 |
under division (B)(2) of section 5721.17 of the Revised Code. | 2694 |
(b) When a receivership under section 3767.41 of the Revised | 2695 |
Code is associated with a parcel, the notice of foreclosure and | 2696 |
forfeiture set forth in division (B) of section 5721.15 of the | 2697 |
Revised Code and the notice set forth in division (C) of that | 2698 |
section shall be modified to reflect the provisions of division | 2699 |
(D)(2)(a) of this section. | 2700 |
(E) At the trial of a foreclosure and forfeiture proceeding, | 2701 |
the delinquent vacant land tax certificate or master list of | 2702 |
delinquent vacant tracts filed by the county auditor with the | 2703 |
county prosecuting attorney shall be prima-facie evidence of the | 2704 |
amount and validity of the taxes, assessments, charges, penalties, | 2705 |
and interest appearing due and unpaid on the parcel to which the | 2706 |
certificate or master list relates and their nonpayment. If an | 2707 |
answer is properly filed, the court may, in its discretion, and | 2708 |
shall, at the request of the person filing the answer, grant a | 2709 |
severance of the proceedings as to any parcel described in such | 2710 |
answer for purposes of trial or appeal. | 2711 |
(F) The conveyance by the owner of any parcel against which a | 2712 |
complaint has been filed pursuant to this section at any time | 2713 |
after the date of publication of the parcel on the delinquent | 2714 |
vacant land tax list but before the date of a judgment of | 2715 |
foreclosure and forfeiture pursuant to section 5721.16 of the | 2716 |
Revised Code shall not nullify the right of the county to proceed | 2717 |
with the foreclosure and forfeiture. | 2718 |
Sec. 5721.18. The county prosecuting attorney, upon the | 2719 |
delivery to the prosecuting attorney by the county auditor of a | 2720 |
delinquent land or delinquent vacant land tax certificate, or of a | 2721 |
master list of delinquent or delinquent vacant tracts, shall | 2722 |
institute a foreclosure proceeding under this section in the name | 2723 |
of the county treasurer to foreclose the lien of the state, in any | 2724 |
court with jurisdiction or in the county board of revision with | 2725 |
jurisdiction pursuant to section 323.66 of the Revised Code, | 2726 |
unless the taxes, assessments, charges, penalties, and interest | 2727 |
are paid prior to the time a complaint is filed, or unless a | 2728 |
foreclosure or foreclosure and forfeiture action has been or will | 2729 |
be instituted under section 323.25, sections 323.65 to 323.79, or | 2730 |
section 5721.14 of the Revised Code. If the delinquent land or | 2731 |
delinquent vacant land tax certificate or the master list of | 2732 |
delinquent or delinquent vacant tracts lists minerals or rights to | 2733 |
minerals listed pursuant to sections 5713.04, 5713.05, and 5713.06 | 2734 |
of the Revised Code, the county prosecuting attorney may institute | 2735 |
a foreclosure proceeding in the name of the county treasurer, in | 2736 |
any court with jurisdiction, to foreclose the lien of the state | 2737 |
against such minerals or rights to minerals, unless the taxes, | 2738 |
assessments, charges, penalties, and interest are paid prior to | 2739 |
the time the complaint is filed, or unless a foreclosure or | 2740 |
foreclosure and forfeiture action has been or will be instituted | 2741 |
under section 323.25, sections 323.65 to 323.79, or section | 2742 |
5721.14 of the Revised Code. | 2743 |
Nothing in this section or section 5721.03 of the Revised | 2744 |
Code prohibits the prosecuting attorney from instituting a | 2745 |
proceeding under this section before the delinquent tax list or | 2746 |
delinquent vacant land tax list that includes the parcel is | 2747 |
published pursuant to division (B) of section 5721.03 of the | 2748 |
Revised Code if the list is not published within the time | 2749 |
prescribed by that division. The prosecuting attorney shall | 2750 |
prosecute the proceeding to final judgment and satisfaction. | 2751 |
Within ten days after obtaining a judgment, the prosecuting | 2752 |
attorney shall notify the treasurer in writing that judgment has | 2753 |
been rendered. If there is a copy of a written delinquent tax | 2754 |
contract attached to the certificate or an asterisk next to an | 2755 |
entry on the master list, or if a copy of a delinquent tax | 2756 |
contract is received from the auditor prior to the commencement of | 2757 |
the proceeding under this section, the prosecuting attorney shall | 2758 |
not institute the proceeding under this section, unless the | 2759 |
prosecuting attorney receives a certification of the treasurer | 2760 |
that the delinquent tax contract has become void. | 2761 |
(A) This division applies to all foreclosure proceedings not | 2762 |
instituted and prosecuted under section 323.25 of the Revised Code | 2763 |
or division (B) or (C) of this section. The foreclosure | 2764 |
proceedings shall be instituted and prosecuted in the same manner | 2765 |
as is provided by law for the foreclosure of mortgages on land, | 2766 |
except that, if service by publication is necessary, such | 2767 |
publication shall be made once a week for three consecutive weeks | 2768 |
instead of as provided by the Rules of Civil Procedure, and the | 2769 |
service shall be complete at the expiration of three weeks after | 2770 |
the date of the first publication. In any proceeding prosecuted | 2771 |
under this section, if the prosecuting attorney determines that | 2772 |
service upon a defendant may be obtained ultimately only by | 2773 |
publication, the prosecuting attorney may cause service to be made | 2774 |
simultaneously by certified mail, return receipt requested, | 2775 |
ordinary mail, and publication. | 2776 |
In any county that has adopted a permanent parcel number | 2777 |
system, the parcel may be described in the notice by parcel number | 2778 |
only, instead of also with a complete legal description, if the | 2779 |
prosecuting attorney determines that the publication of the | 2780 |
complete legal description is not necessary to provide reasonable | 2781 |
notice of the foreclosure proceeding to the interested parties. If | 2782 |
the complete legal description is not published, the notice shall | 2783 |
indicate where the complete legal description may be obtained. | 2784 |
It is sufficient, having been made a proper party to the | 2785 |
foreclosure proceeding, for the treasurer to allege in the | 2786 |
treasurer's complaint that the certificate or master list has been | 2787 |
duly filed by the auditor, that the amount of money appearing to | 2788 |
be due and unpaid is due and unpaid, and that there is a lien | 2789 |
against the property described in the certificate or master list, | 2790 |
without setting forth in the complaint any other or special matter | 2791 |
relating to the foreclosure proceeding. The prayer of the | 2792 |
complaint shall be that the court or the county board of revision | 2793 |
with jurisdiction pursuant to section 323.66 of the Revised Code | 2794 |
issue an order that the property be sold or conveyed by the | 2795 |
sheriff or otherwise be disposed of, and the equity of redemption | 2796 |
be extinguished, according to the alternative redemption | 2797 |
procedures prescribed in sections 323.65 to 323.79 of the Revised | 2798 |
Code, or if the action is in the municipal court by the bailiff, | 2799 |
in the manner provided in section 5721.19 of the Revised Code. | 2800 |
In the foreclosure proceeding, the treasurer may join in one | 2801 |
action any number of lots or lands, but the decree shall be | 2802 |
rendered separately, and any proceedings may be severed, in the | 2803 |
discretion of the court or board of revision, for the purpose of | 2804 |
trial or appeal, and the court or board of revision shall make | 2805 |
such order for the payment of costs as is considered proper. The | 2806 |
certificate or master list filed by the auditor with the | 2807 |
prosecuting attorney is prima-facie evidence at the trial of the | 2808 |
foreclosure action of the amount and validity of the taxes, | 2809 |
assessments, charges, penalties, and interest appearing due and | 2810 |
unpaid and of their nonpayment. | 2811 |
(B) Foreclosure proceedings constituting an action in rem may | 2812 |
be commenced by the filing of a complaint after the end of the | 2813 |
second year from the date on which the delinquency was first | 2814 |
certified by the auditor. Prior to filing such an action in rem, | 2815 |
the prosecuting attorney shall cause a title search to be | 2816 |
conducted for the purpose of identifying any lienholders or other | 2817 |
persons with interests in the property subject to foreclosure. | 2818 |
Following the title search, the action in rem shall be instituted | 2819 |
by filing in the office of the clerk of a court with jurisdiction | 2820 |
a complaint bearing a caption substantially in the form set forth | 2821 |
in division (A) of section 5721.181 of the Revised Code. | 2822 |
Any number of parcels may be joined in one action. Each | 2823 |
separate parcel included in a complaint shall be given a serial | 2824 |
number and shall be separately indexed and docketed by the clerk | 2825 |
of the court in a book kept by the clerk for such purpose. A | 2826 |
complaint shall contain the permanent parcel number of each parcel | 2827 |
included in it, the full street address of the parcel when | 2828 |
available, a description of the parcel as set forth in the | 2829 |
certificate or master list, the name and address of the last known | 2830 |
owner of the parcel if they appear on the general tax list, the | 2831 |
name and address of each lienholder and other person with an | 2832 |
interest in the parcel identified in the title search relating to | 2833 |
the parcel that is required by this division, and the amount of | 2834 |
taxes, assessments, charges, penalties, and interest due and | 2835 |
unpaid with respect to the parcel. It is sufficient for the | 2836 |
treasurer to allege in the complaint that the certificate or | 2837 |
master list has been duly filed by the auditor with respect to | 2838 |
each parcel listed, that the amount of money with respect to each | 2839 |
parcel appearing to be due and unpaid is due and unpaid, and that | 2840 |
there is a lien against each parcel, without setting forth any | 2841 |
other or special matters. The prayer of the complaint shall be | 2842 |
that the court issue an order that the land described in the | 2843 |
complaint be sold in the manner provided in section 5721.19 of the | 2844 |
Revised Code. | 2845 |
(1) Within thirty days after the filing of a complaint, the | 2846 |
clerk of the court in which the complaint was filed shall cause a | 2847 |
notice of foreclosure substantially in the form of the notice set | 2848 |
forth in division (B) of section 5721.181 of the Revised Code to | 2849 |
be published once a week for three consecutive weeks in a | 2850 |
newspaper of general circulation in the county. The newspaper | 2851 |
shall meet the requirements of section 7.12 of the Revised Code. | 2852 |
In any county that has adopted a permanent parcel number system, | 2853 |
the parcel may be described in the notice by parcel number only, | 2854 |
instead of also with a complete legal description, if the | 2855 |
prosecuting attorney determines that the publication of the | 2856 |
complete legal description is not necessary to provide reasonable | 2857 |
notice of the foreclosure proceeding to the interested parties. If | 2858 |
the complete legal description is not published, the notice shall | 2859 |
indicate where the complete legal description may be obtained. | 2860 |
After the third publication, the publisher shall file with | 2861 |
the clerk of the court an affidavit stating the fact of the | 2862 |
publication and including a copy of the notice of foreclosure as | 2863 |
published. Service of process for purposes of the action in rem | 2864 |
shall be considered as complete on the date of the last | 2865 |
publication. | 2866 |
Within thirty days after the filing of a complaint and before | 2867 |
the final date of publication of the notice of foreclosure, the | 2868 |
clerk of the court also shall cause a copy of a notice | 2869 |
substantially in the form of the notice set forth in division (C) | 2870 |
of section 5721.181 of the Revised Code to be mailed by certified | 2871 |
mail, with postage prepaid, to each person named in the complaint | 2872 |
as being the last known owner of a parcel included in it, or as | 2873 |
being a lienholder or other person with an interest in a parcel | 2874 |
included in it. The notice shall be sent to the address of each | 2875 |
such person, as set forth in the complaint, and the clerk shall | 2876 |
enter the fact of such mailing upon the appearance docket. If the | 2877 |
name and address of the last known owner of a parcel included in a | 2878 |
complaint is not set forth in it, the auditor shall file an | 2879 |
affidavit with the clerk stating that the name and address of the | 2880 |
last known owner does not appear on the general tax list. | 2881 |
(2)(a) An answer may be filed in an action in rem under this | 2882 |
division by any person owning or claiming any right, title, or | 2883 |
interest in, or lien upon, any parcel described in the complaint. | 2884 |
The answer shall contain the caption and number of the action and | 2885 |
the serial number of the parcel concerned. The answer shall set | 2886 |
forth the nature and amount of interest claimed in the parcel and | 2887 |
any defense or objection to the foreclosure of the lien of the | 2888 |
state for delinquent taxes, assessments, charges, penalties, and | 2889 |
interest as shown in the complaint. The answer shall be filed in | 2890 |
the office of the clerk of the court, and a copy of the answer | 2891 |
shall be served on the prosecuting attorney, not later than | 2892 |
twenty-eight days after the date of final publication of the | 2893 |
notice of foreclosure. If an answer is not filed within such time, | 2894 |
a default judgment may be taken as to any parcel included in a | 2895 |
complaint as to which no answer has been filed. A default judgment | 2896 |
is valid and effective with respect to all persons owning or | 2897 |
claiming any right, title, or interest in, or lien upon, any such | 2898 |
parcel, notwithstanding that one or more of such persons are | 2899 |
minors, incompetents, absentees or nonresidents of the state, or | 2900 |
convicts in confinement. | 2901 |
(b)(i) A receiver appointed pursuant to divisions (C)(2) and | 2902 |
(3) of section 3767.41 of the Revised Code may file an answer | 2903 |
pursuant to division (B)(2)(a) of this section, but is not | 2904 |
required to do so as a condition of receiving proceeds in a | 2905 |
distribution under division (B)(1) of section 5721.17 of the | 2906 |
Revised Code. | 2907 |
(ii) When a receivership under section 3767.41 of the Revised | 2908 |
Code is associated with a parcel, the notice of foreclosure set | 2909 |
forth in division (B) of section 5721.181 of the Revised Code and | 2910 |
the notice set forth in division (C) of that section shall be | 2911 |
modified to reflect the provisions of division (B)(2)(b)(i) of | 2912 |
this section. | 2913 |
(3) At the trial of an action in rem under this division, the | 2914 |
certificate or master list filed by the auditor with the | 2915 |
prosecuting attorney shall be prima-facie evidence of the amount | 2916 |
and validity of the taxes, assessments, charges, penalties, and | 2917 |
interest appearing due and unpaid on the parcel to which the | 2918 |
certificate or master list relates and their nonpayment. If an | 2919 |
answer is properly filed, the court may, in its discretion, and | 2920 |
shall, at the request of the person filing the answer, grant a | 2921 |
severance of the proceedings as to any parcel described in such | 2922 |
answer for purposes of trial or appeal. | 2923 |
(C) In addition to the actions in rem authorized under | 2924 |
division (B) of this section and section 5721.14 of the Revised | 2925 |
Code, an action in rem may be commenced under this division. An | 2926 |
action commenced under this division shall conform to all of the | 2927 |
requirements of division (B) of this section except as follows: | 2928 |
(1) The prosecuting attorney shall not cause a title search | 2929 |
to be conducted for the purpose of identifying any lienholders or | 2930 |
other persons with interests in the property subject to | 2931 |
foreclosure, except that the prosecuting attorney shall cause a | 2932 |
title search to be conducted to identify any receiver's lien. | 2933 |
(2) The names and addresses of lienholders and persons with | 2934 |
an interest in the parcel shall not be contained in the complaint, | 2935 |
and notice shall not be mailed to lienholders and persons with an | 2936 |
interest as provided in division (B)(1) of this section, except | 2937 |
that the name and address of a receiver under section 3767.41 of | 2938 |
the Revised Code shall be contained in the complaint and notice | 2939 |
shall be mailed to the receiver. | 2940 |
(3) With respect to the forms applicable to actions commenced | 2941 |
under division (B) of this section and contained in section | 2942 |
5721.181 of the Revised Code: | 2943 |
(a) The notice of foreclosure prescribed by division (B) of | 2944 |
section 5721.181 of the Revised Code shall be revised to exclude | 2945 |
any reference to the inclusion of the name and address of each | 2946 |
lienholder and other person with an interest in the parcel | 2947 |
identified in a statutorily required title search relating to the | 2948 |
parcel, and to exclude any such names and addresses from the | 2949 |
published notice, except that the revised notice shall refer to | 2950 |
the inclusion of the name and address of a receiver under section | 2951 |
3767.41 of the Revised Code and the published notice shall include | 2952 |
the receiver's name and address. The notice of foreclosure also | 2953 |
shall include the following in boldface type: | 2954 |
"If pursuant to the action the parcel is sold, the sale shall | 2955 |
not affect or extinguish any lien or encumbrance with respect to | 2956 |
the parcel other than a receiver's lien and other than the lien | 2957 |
for land taxes, assessments, charges, interest, and penalties for | 2958 |
which the lien is foreclosed and in satisfaction of which the | 2959 |
property is sold. All other liens and encumbrances with respect to | 2960 |
the parcel shall survive the sale." | 2961 |
(b) The notice to the owner, lienholders, and other persons | 2962 |
with an interest in a parcel shall be a notice only to the owner | 2963 |
and to any receiver under section 3767.41 of the Revised Code, and | 2964 |
the last two sentences of the notice shall be omitted. | 2965 |
(4) As used in this division, a "receiver's lien" means the | 2966 |
lien of a receiver appointed pursuant to divisions (C)(2) and (3) | 2967 |
of section 3767.41 of the Revised Code that is acquired pursuant | 2968 |
to division (H)(2)(b) of that section for any unreimbursed | 2969 |
expenses and other amounts paid in accordance with division (F) of | 2970 |
that section by the receiver and for the fees of the receiver | 2971 |
approved pursuant to division (H)(1) of that section. | 2972 |
(D) | 2973 |
2974 | |
2975 | |
2976 | |
2977 | |
2978 |
| 2979 |
complaint has been filed pursuant to this section at any time | 2980 |
after the date of publication of the parcel on the delinquent tax | 2981 |
list but before the date of a judgment of foreclosure pursuant to | 2982 |
section 5721.19 of the Revised Code shall not nullify the right of | 2983 |
the county to proceed with the foreclosure. | 2984 |
Sec. 5721.19. (A) In its judgment of foreclosure rendered | 2985 |
with respect to actions filed pursuant to section 5721.18 of the | 2986 |
Revised Code, the court or the county board of revision with | 2987 |
jurisdiction pursuant to section 323.66 of the Revised Code shall | 2988 |
enter a finding with respect to each parcel of the amount of the | 2989 |
taxes, assessments, charges, penalties, and interest, and the | 2990 |
costs incurred in the foreclosure proceeding instituted against | 2991 |
it, that are due and unpaid. The court or the county board of | 2992 |
revision shall order such premises to be transferred pursuant to | 2993 |
division (I) of this section or may order each parcel to be sold, | 2994 |
without appraisal, for not less than either of the following: | 2995 |
(1) The fair market value of the parcel, as determined by the | 2996 |
county auditor, plus the costs incurred in the foreclosure | 2997 |
proceeding; | 2998 |
(2) The total amount of the finding entered by the court or | 2999 |
the county board of revision, including all taxes, assessments, | 3000 |
charges, penalties, and interest payable subsequent to the | 3001 |
delivery to the county prosecuting attorney of the delinquent land | 3002 |
tax certificate or master list of delinquent tracts and prior to | 3003 |
the transfer of the deed of the parcel to the purchaser following | 3004 |
confirmation of sale, plus the costs incurred in the foreclosure | 3005 |
proceeding. For purposes of determining such amount, the county | 3006 |
treasurer may estimate the amount of taxes, assessments, interest, | 3007 |
penalties, and costs that will be payable at the time the deed of | 3008 |
the property is transferred to the purchaser. | 3009 |
Notwithstanding the minimum sales price provisions of | 3010 |
divisions (A)(1) and (2) of this section to the contrary, a parcel | 3011 |
sold pursuant to this section shall not be sold for less than the | 3012 |
amount described in division (A)(2) of this section if the highest | 3013 |
bidder is the owner of record of the parcel immediately prior to | 3014 |
the judgment of foreclosure or a member of the following class of | 3015 |
parties connected to that owner: a member of that owner's | 3016 |
immediate family, a person with a power of attorney appointed by | 3017 |
that owner who subsequently transfers the parcel to the owner, a | 3018 |
sole proprietorship owned by that owner or a member of that | 3019 |
owner's immediate family, or a partnership, trust, business trust, | 3020 |
corporation, or association in which the owner or a member of the | 3021 |
owner's immediate family owns or controls directly or indirectly | 3022 |
more than fifty per cent. If a parcel sells for less than the | 3023 |
amount described in division (A)(2) of this section, the officer | 3024 |
conducting the sale shall require the buyer to complete an | 3025 |
affidavit stating that the buyer is not the owner of record | 3026 |
immediately prior to the judgment of foreclosure or a member of | 3027 |
the specified class of parties connected to that owner, and the | 3028 |
affidavit shall become part of the court records of the | 3029 |
proceeding. If the county auditor discovers within three years | 3030 |
after the date of the sale that a parcel was sold to that owner or | 3031 |
a member of the specified class of parties connected to that owner | 3032 |
for a price less than the amount so described, and if the parcel | 3033 |
is still owned by that owner or a member of the specified class of | 3034 |
parties connected to that owner, the auditor within thirty days | 3035 |
after such discovery shall add the difference between that amount | 3036 |
and the sale price to the amount of taxes that then stand charged | 3037 |
against the parcel and is payable at the next succeeding date for | 3038 |
payment of real property taxes. As used in this paragraph, | 3039 |
"immediate family" means a spouse who resides in the same | 3040 |
household and children. | 3041 |
(B) Each parcel affected by the court's finding and order of | 3042 |
sale shall be separately sold, unless the court orders any of such | 3043 |
parcels to be sold together. | 3044 |
Each parcel shall be advertised and sold by the officer to | 3045 |
whom the order of sale is directed in the manner provided by law | 3046 |
for the sale of real property on execution. The advertisement for | 3047 |
sale of each parcel shall be published once a week for three | 3048 |
consecutive weeks and shall include the date on which a second | 3049 |
sale will be conducted if no bid is accepted at the first sale. | 3050 |
Any number of parcels may be included in one advertisement. | 3051 |
The notice of the advertisement shall be substantially in the | 3052 |
form of the notice set forth in section 5721.191 of the Revised | 3053 |
Code. In any county that has adopted a permanent parcel number | 3054 |
system, the parcel may be described in the notice by parcel number | 3055 |
only, instead of also with a complete legal description, if the | 3056 |
prosecuting attorney determines that the publication of the | 3057 |
complete legal description is not necessary to provide reasonable | 3058 |
notice of the foreclosure sale to potential bidders. If the | 3059 |
complete legal description is not published, the notice shall | 3060 |
indicate where the complete legal description may be obtained. | 3061 |
(C)(1) Whenever the officer charged to conduct the sale | 3062 |
offers any parcel for sale the officer first shall read aloud a | 3063 |
complete legal description of the parcel, or in the alternative, | 3064 |
may read aloud only a summary description, including the complete | 3065 |
street address of the parcel, if any, and a parcel number if the | 3066 |
county has adopted a permanent parcel number system and if the | 3067 |
advertising notice prepared pursuant to this section includes a | 3068 |
complete legal description or indicates where the complete legal | 3069 |
description may be obtained. Whenever the officer charged to | 3070 |
conduct the sale offers any parcel for sale and no bids are made | 3071 |
equal to the lesser of the amounts described in divisions (A)(1) | 3072 |
and (2) of this section, the officer shall adjourn the sale of the | 3073 |
parcel to the second date that was specified in the advertisement | 3074 |
of sale. The second date shall be not less than two weeks or more | 3075 |
than six weeks from the day on which the parcel was first offered | 3076 |
for sale. The second sale shall be held at the same place and | 3077 |
commence at the same time as set forth in the advertisement of | 3078 |
sale. The officer shall offer any parcel not sold at the first | 3079 |
sale. Upon the conclusion of any sale, or if any parcel remains | 3080 |
unsold after being offered at two sales, the officer conducting | 3081 |
the sale shall report the results to the court. | 3082 |
(2)(a) If a parcel remains unsold after being offered at two | 3083 |
sales, or one sale in the case of abandoned lands foreclosed under | 3084 |
sections 323.65 to 323.79 of the Revised Code, or if a parcel | 3085 |
sells at any sale but the amount of the price is less than the | 3086 |
costs incurred in the proceeding instituted against the parcel | 3087 |
under section 5721.18 of the Revised Code, then the clerk of the | 3088 |
court shall certify to the county auditor the amount of those | 3089 |
costs that remains unpaid. At the next semiannual apportionment of | 3090 |
real property taxes that occurs following any such certification, | 3091 |
the auditor shall reduce the real property taxes that the auditor | 3092 |
otherwise would distribute to each taxing district. In making the | 3093 |
reductions, the auditor shall subtract from the otherwise | 3094 |
distributable real property taxes to a taxing district an amount | 3095 |
that shall be determined by multiplying the certified costs by a | 3096 |
fraction the numerator of which shall be the amount of the taxes, | 3097 |
assessments, charges, penalties, and interest on the parcel owed | 3098 |
to that taxing district at the time the parcel first was offered | 3099 |
for sale pursuant to this section, and the denominator of which | 3100 |
shall be the total of the taxes, assessments, charges, penalties, | 3101 |
and interest on the parcel owed to all the taxing districts at | 3102 |
that time. The auditor promptly shall pay to the clerk of the | 3103 |
court the amounts of the reductions. | 3104 |
(b) If reductions occur pursuant to division (C)(2)(a) of | 3105 |
this section, and if at a subsequent time a parcel is sold at a | 3106 |
foreclosure sale or a forfeiture sale pursuant to Chapter 5723. of | 3107 |
the Revised Code, then, notwithstanding other provisions of the | 3108 |
Revised Code, except section 5721.17 of the Revised Code, | 3109 |
governing the distribution of the proceeds of a foreclosure or | 3110 |
forfeiture sale, the proceeds first shall be distributed to | 3111 |
reimburse the taxing districts subjected to reductions in their | 3112 |
otherwise distributable real property taxes. The distributions | 3113 |
shall be based on the same proportions used for purposes of | 3114 |
division (C)(2)(a) of this section. | 3115 |
(3) The court, in its discretion, may order any parcel not | 3116 |
sold pursuant to the original order of sale to be advertised and | 3117 |
offered for sale at a subsequent foreclosure sale. For such | 3118 |
purpose, the court may direct the parcel to be appraised and fix a | 3119 |
minimum price for which it may be sold. | 3120 |
(D) Except as otherwise provided in division (B)(1) of | 3121 |
section 5721.17 of the Revised Code, upon the confirmation of a | 3122 |
sale, the proceeds of the sale shall be applied as follows: | 3123 |
(1) The costs incurred in any proceeding filed against the | 3124 |
parcel pursuant to section 5721.18 of the Revised Code shall be | 3125 |
paid first. | 3126 |
(2) Following the payment required by division (D)(1) of this | 3127 |
section, the part of the proceeds that is equal to five per cent | 3128 |
of the taxes and assessments due shall be deposited in equal | 3129 |
shares into each of the delinquent tax and assessment collection | 3130 |
funds created pursuant to section 321.261 of the Revised Code. If | 3131 |
a county land reutilization corporation is operating in the | 3132 |
county, the board of county commissioners, by resolution, may | 3133 |
provide that an additional amount, not to exceed five per cent of | 3134 |
such taxes and assessments, shall be credited to the county land | 3135 |
reutilization corporation fund created by section 321.263 of the | 3136 |
Revised Code to pay for the corporation's expenses. If such a | 3137 |
resolution is in effect, the percentage of such taxes and | 3138 |
assessments so provided shall be credited to that fund. | 3139 |
(3) Following the payment required by division (D)(2) of this | 3140 |
section, the amount found due for taxes, assessments, charges, | 3141 |
penalties, and interest shall be paid, including all taxes, | 3142 |
assessments, charges, penalties, and interest payable subsequent | 3143 |
to the delivery to the county prosecuting attorney of the | 3144 |
delinquent land tax certificate or master list of delinquent | 3145 |
tracts and prior to the transfer of the deed of the parcel to the | 3146 |
purchaser following confirmation of sale. If the proceeds | 3147 |
available for distribution pursuant to division (D)(3) of this | 3148 |
section are sufficient to pay the entire amount of those taxes, | 3149 |
assessments, charges, penalties, and interest, the portion of the | 3150 |
proceeds representing taxes, interest, and penalties shall be paid | 3151 |
to each claimant in proportion to the amount of taxes levied by | 3152 |
the claimant in the preceding tax year, and the amount | 3153 |
representing assessments and other charges shall be paid to each | 3154 |
claimant in the order in which they became due. If the proceeds | 3155 |
are not sufficient to pay that entire amount, the proportion of | 3156 |
the proceeds representing taxes, penalties, and interest shall be | 3157 |
paid to each claimant in the same proportion that the amount of | 3158 |
taxes levied by the claimant against the parcel in the preceding | 3159 |
tax year bears to the taxes levied by all such claimants against | 3160 |
the parcel in the preceding tax year, and the proportion of the | 3161 |
proceeds representing items of assessments and other charges shall | 3162 |
be credited to those items in the order in which they became due. | 3163 |
(E) If the proceeds from the sale of a parcel are | 3164 |
insufficient to pay in full the amount of the taxes, assessments, | 3165 |
charges, penalties, and interest which are due and unpaid; the | 3166 |
costs incurred in the foreclosure proceeding instituted against it | 3167 |
which are due and unpaid; and, if division (B)(1) of section | 3168 |
5721.17 of the Revised Code is applicable, any notes issued by a | 3169 |
receiver pursuant to division (F) of section 3767.41 of the | 3170 |
Revised Code and any receiver's lien as defined in division (C)(4) | 3171 |
of section 5721.18 of the Revised Code, the court, pursuant to | 3172 |
section 5721.192 of the Revised Code, may enter a deficiency | 3173 |
judgment against the owner of record of the parcel for the unpaid | 3174 |
amount. If that owner of record is a corporation, the court may | 3175 |
enter the deficiency judgment against the stockholder holding a | 3176 |
majority of that corporation's stock. | 3177 |
If after distribution of proceeds from the sale of the parcel | 3178 |
under division (D) of this section the amount of proceeds to be | 3179 |
applied to pay the taxes, assessments, charges, penalties, | 3180 |
interest, and costs is insufficient to pay them in full, and the | 3181 |
court does not enter a deficiency judgment against the owner of | 3182 |
record pursuant to this division, the taxes, assessments, charges, | 3183 |
penalties, interest, and costs shall be deemed satisfied. | 3184 |
(F)(1) Upon confirmation of a sale, a spouse of the party | 3185 |
charged with the delinquent taxes or assessments shall thereby be | 3186 |
barred of the right of dower in the property sold, though such | 3187 |
spouse was not a party to the action. No statute of limitations | 3188 |
shall apply to such action. When the land or lots stand charged on | 3189 |
the tax duplicate as certified delinquent, it is not necessary to | 3190 |
make the state a party to the foreclosure proceeding, but the | 3191 |
state shall be deemed a party to such action through and be | 3192 |
represented by the county treasurer. | 3193 |
(2) Except as otherwise provided in divisions (F)(3) and (G) | 3194 |
of this section, unless such land or lots were previously redeemed | 3195 |
pursuant to section 5721.25 of the Revised Code, upon the filing | 3196 |
of the entry of confirmation of any sale or the expiration of the | 3197 |
alternative redemption period as defined in section 323.65 of the | 3198 |
Revised Code, if applicable, the title to such land or lots shall | 3199 |
be incontestable in the purchaser and shall be free and clear of | 3200 |
all liens and encumbrances, except a federal tax lien notice of | 3201 |
which is properly filed in accordance with section 317.09 of the | 3202 |
Revised Code prior to the date that a foreclosure proceeding is | 3203 |
instituted pursuant to division (B) of section 5721.18 of the | 3204 |
Revised Code and the easements and covenants of record running | 3205 |
with the land or lots that were created prior to the time the | 3206 |
taxes or assessments, for the nonpayment of which the land or lots | 3207 |
are sold at foreclosure, became due and payable. | 3208 |
(3) When proceedings for foreclosure are instituted under | 3209 |
division (C) of section 5721.18 of the Revised Code, unless the | 3210 |
land or lots were previously redeemed pursuant to section 5721.25 | 3211 |
of the Revised Code or before the expiration of the alternative | 3212 |
redemption period, upon the filing of the entry of confirmation of | 3213 |
sale or after the expiration of the alternative redemption period, | 3214 |
as may apply to the case, the title to such land or lots shall be | 3215 |
incontestable in the purchaser and shall be free of any receiver's | 3216 |
lien as defined in division (C)(4) of section 5721.18 of the | 3217 |
Revised Code and, except as otherwise provided in division (G) of | 3218 |
this section, the liens for land taxes, assessments, charges, | 3219 |
interest, and penalties for which the lien was foreclosed and in | 3220 |
satisfaction of which the property was sold. All other liens and | 3221 |
encumbrances with respect to the land or lots shall survive the | 3222 |
sale. | 3223 |
(4) The title shall not be invalid because of any | 3224 |
irregularity, informality, or omission of any proceedings under | 3225 |
this chapter, or in any processes of taxation, if such | 3226 |
irregularity, informality, or omission does not abrogate the | 3227 |
provision for notice to holders of title, lien, or mortgage to, or | 3228 |
other interests in, such foreclosed lands or lots, as prescribed | 3229 |
in this chapter. | 3230 |
(G) If a parcel is sold under this section for the amount | 3231 |
described in division (A)(2) of this section, and the county | 3232 |
treasurer's estimate exceeds the amount of taxes, assessments, | 3233 |
interest, penalties, and costs actually payable when the deed is | 3234 |
transferred to the purchaser, the officer who conducted the sale | 3235 |
shall refund to the purchaser the difference between the estimate | 3236 |
and the amount actually payable. If the amount of taxes, | 3237 |
assessments, interest, penalties, and costs actually payable when | 3238 |
the deed is transferred to the purchaser exceeds the county | 3239 |
treasurer's estimate, the officer shall certify the amount of the | 3240 |
excess to the treasurer, who shall enter that amount on the real | 3241 |
and public utility property tax duplicate opposite the property; | 3242 |
the amount of the excess shall be payable at the next succeeding | 3243 |
date prescribed for payment of taxes in section 323.12 of the | 3244 |
Revised Code. | 3245 |
(H) If a parcel is sold or transferred under this section or | 3246 |
sections 323.28 and 323.65 to | 3247 |
the officer who conducted the sale or made the transfer of the | 3248 |
property shall collect the recording fee and any associated costs | 3249 |
to cover the recording from the purchaser or transferee at the | 3250 |
time of the sale or transfer and, following confirmation of the | 3251 |
sale or transfer, shall execute and record the deed conveying | 3252 |
title to the parcel to the purchaser or transferee. For purposes | 3253 |
of recording such deed, by placement of a bid or making a | 3254 |
statement of interest by any party ultimately awarded the parcel, | 3255 |
that purchaser or transferee thereby appoints the officer who | 3256 |
makes the sale or is charged with executing and delivering the | 3257 |
deed as agent for the purchaser or transferee for the sole purpose | 3258 |
of accepting delivery of the deed. For such purposes, the | 3259 |
confirmation of any such sale or order to transfer the parcel | 3260 |
without appraisal or sale shall be deemed delivered upon the | 3261 |
confirmation of such sale or transfer. | 3262 |
(I) Notwithstanding section 5722.03 of the Revised Code, if | 3263 |
the complaint alleges that the property is delinquent vacant land | 3264 |
as defined in section 5721.01 of the Revised Code, abandoned lands | 3265 |
as defined in section 323.65 of the Revised Code, or lands | 3266 |
described in division | 3267 |
Code, and the value of the taxes, assessments, penalties, | 3268 |
interest, and all other charges and costs of the action exceed the | 3269 |
auditor's fair market value of the parcel, then the court or board | 3270 |
of revision having jurisdiction over the matter on motion of the | 3271 |
plaintiff, or on the court's or board's own motion, shall, upon | 3272 |
any adjudication of foreclosure, order, without appraisal and | 3273 |
without sale, the fee simple title of the property to be | 3274 |
transferred to and vested in an electing subdivision as defined in | 3275 |
division (A) of section 5722.01 of the Revised Code. For purposes | 3276 |
of determining whether the taxes, assessments, penalties, | 3277 |
interest, and all other charges and costs of the action exceed the | 3278 |
actual fair market value of the parcel, the auditor's most current | 3279 |
valuation shall be rebuttably presumed to be, and constitute | 3280 |
prima-facie evidence of, the fair market value of the parcel. In | 3281 |
such case, the filing for journalization of a decree of | 3282 |
foreclosure ordering that direct transfer without appraisal or | 3283 |
sale shall constitute confirmation of the transfer and thereby | 3284 |
terminate any further statutory or common law right of redemption. | 3285 |
Sec. 5721.36. (A)(1) Except as otherwise provided in | 3286 |
division (A)(2) of this section, the purchaser of a tax | 3287 |
certificate sold as part of a block sale pursuant to section | 3288 |
5721.32 of the Revised Code may transfer the certificate to any | 3289 |
person, and any other purchaser of a tax certificate pursuant to | 3290 |
section 5721.32 or 5721.33 of the Revised Code may transfer the | 3291 |
certificate to any person, except the owner of the certificate | 3292 |
parcel or any corporation, partnership, or association in which | 3293 |
such owner has an interest. The transferee of a tax certificate | 3294 |
subsequently may transfer the certificate to any other person to | 3295 |
whom the purchaser could have transferred the certificate. The | 3296 |
transferor of a tax certificate shall endorse the certificate and | 3297 |
shall swear to the endorsement before a notary public or other | 3298 |
officer empowered to administer oaths. The transferee shall | 3299 |
present the endorsed certificate and a notarized copy of a valid | 3300 |
form of identification showing the transferee's taxpayer | 3301 |
identification number to the county treasurer of the county where | 3302 |
the certificate is registered, who shall, upon payment of a fee of | 3303 |
twenty dollars to cover the costs associated with the transfer of | 3304 |
a tax certificate, enter upon the register of certificate holders | 3305 |
opposite the certificate entry the name and address of the | 3306 |
transferee, the date of entry, and, upon presentation to the | 3307 |
treasurer of instructions signed by the transferee, the name and | 3308 |
address of any secured party of the transferee having an interest | 3309 |
in the tax certificate. The treasurer shall deposit the fee in the | 3310 |
county treasury to the credit of the tax certificate | 3311 |
administration fund. | 3312 |
Except as otherwise provided in division (A)(2) of this | 3313 |
section, no request for foreclosure or notice of intent to | 3314 |
foreclose, as the case may be, shall be filed by any person other | 3315 |
than the person shown on the tax certificate register to be the | 3316 |
certificate holder or a private attorney for that person properly | 3317 |
authorized to act in that person's behalf. | 3318 |
(2) Upon registration of a security interest with the county | 3319 |
treasurer, both of the following apply: | 3320 |
(a) No purchaser or transferee of a tax certificate, other | 3321 |
than a county land reutilization corporation, may transfer that | 3322 |
tax certificate except upon presentation to the treasurer of | 3323 |
instructions signed by the secured party authorizing such action. | 3324 |
A county land reutilization corporation may transfer or assign tax | 3325 |
certificates consistent with its public purposes and plan adopted | 3326 |
pursuant to Chapter 1724. of the Revised Code. | 3327 |
(b) Only the secured party may issue a request for | 3328 |
foreclosure or notice of intent to foreclose concerning that tax | 3329 |
certificate. | 3330 |
(3) If a tax certificate is sold as part of a block sale | 3331 |
under section 5721.32 or 5721.33 of the Revised Code, and if the | 3332 |
certificate parcel is abandoned land as defined in section 323.65 | 3333 |
of the Revised Code, a county, municipal corporation, township, or | 3334 |
county land reutilization corporation may acquire the tax | 3335 |
certificate within one year from the date the certificate was sold | 3336 |
by providing to the certificate holder a written request to | 3337 |
purchase the certificate and payment of the actual cost the | 3338 |
purchaser paid for the certificate. The acquiring subdivision or | 3339 |
county land reutilization shall pay any costs or fees assessed by | 3340 |
the county treasurer or auditor in relation to the transfer of the | 3341 |
certificate. | 3342 |
(B)(1) Application may be made to the county treasurer for a | 3343 |
duplicate certificate if a certificate is alleged by affidavit to | 3344 |
have been lost or destroyed. The treasurer shall issue a duplicate | 3345 |
certificate, upon payment of a fee of twenty dollars to cover the | 3346 |
costs of issuing the duplicate certificate. The treasurer shall | 3347 |
deposit the fee in the county treasury to the credit of the tax | 3348 |
certificate administration fund. | 3349 |
(2) The duplicate certificate shall be plainly marked or | 3350 |
stamped "duplicate." | 3351 |
(3) The treasurer shall enter the fact of the duplicate in | 3352 |
the tax certificate register. | 3353 |
Sec. 5722.01. As used in this chapter: | 3354 |
(A) "Electing subdivision" means a municipal corporation that | 3355 |
has enacted an ordinance or a township or county that has adopted | 3356 |
a resolution pursuant to section 5722.02 of the Revised Code for | 3357 |
purposes of adopting and implementing the procedures set forth in | 3358 |
sections 5722.02 to 5722.15 of the Revised Code. A county land | 3359 |
reutilization corporation organized by a county and designated to | 3360 |
act on behalf of the county pursuant to division (B) of section | 3361 |
5722.02 of the Revised Code shall be deemed the electing | 3362 |
subdivision for all purposes of this chapter, except as otherwise | 3363 |
expressly provided in this chapter. | 3364 |
(B) "County land reutilization corporation" means a county | 3365 |
land reutilization corporation organized under Chapter 1724. of | 3366 |
the Revised Code. | 3367 |
(C) "Delinquent lands" | 3368 |
the same | 3369 |
Code | 3370 |
3371 |
(D) "Land reutilization program" means the procedures and | 3372 |
activities concerning the acquisition, management, and disposition | 3373 |
of affected delinquent lands set forth in sections 5722.02 to | 3374 |
5722.15 of the Revised Code. | 3375 |
(E) "Minimum bid," in the case of a sale of property | 3376 |
foreclosed pursuant to section 323.25, sections 323.65 to 323.79, | 3377 |
or section 5721.18, or foreclosed and forfeited pursuant to | 3378 |
section 5721.14 of the Revised Code, means a bid in an amount | 3379 |
equal to the sum of the taxes, assessments, charges, penalties, | 3380 |
and interest due and payable on the parcel subsequent to the | 3381 |
delivery to the county prosecuting attorney of the delinquent land | 3382 |
or delinquent vacant land tax certificate or master list of | 3383 |
delinquent or delinquent vacant tracts containing the parcel, and | 3384 |
prior to the transfer of the deed of the parcel to the purchaser | 3385 |
following confirmation of sale, plus the costs of foreclosure or | 3386 |
foreclosure and forfeiture proceedings against the property. | 3387 |
(F) "Nonproductive land" means any parcel of delinquent | 3388 |
vacant land with respect to which a | 3389 |
3390 | |
3391 | |
3392 | |
section 5721.14 of the Revised Code has been instituted; and any | 3393 |
parcel of delinquent land with respect to which a foreclosure | 3394 |
proceeding pursuant to section 323.25, sections 323.65 to 323.79, | 3395 |
or division (A) or (B) of section 5721.18 of the Revised Code has | 3396 |
been instituted | 3397 |
3398 | |
following criteria applies: | 3399 |
(1) | 3400 |
the land; | 3401 |
(2) The land is abandoned land as defined in section 323.65 | 3402 |
of the Revised Code; | 3403 |
(3) None of the buildings or other structures | 3404 |
located on the parcel are in the occupancy of any person, and | 3405 |
3406 | |
boundaries the parcel is situated has instituted proceedings under | 3407 |
section 505.86 or 715.26 of the Revised Code, or Section 3 of | 3408 |
Article XVIII, Ohio Constitution, for the removal or demolition of | 3409 |
such buildings or other structures by the township or municipal | 3410 |
corporation because of their insecure, unsafe, or structurally | 3411 |
defective condition; | 3412 |
| 3413 |
3414 | |
at the time the foreclosure proceeding is initiated, and
| 3415 |
3416 | |
land reutilization corporation determines | 3417 |
3418 | |
acquisition through a land reutilization program. | 3419 |
(G) "Occupancy" means the actual, continuous, and exclusive | 3420 |
use and possession of a parcel by a person having a lawful right | 3421 |
to such use and possession. | 3422 |
(H) "Land within an electing subdivision's boundaries" does | 3423 |
not include land within the boundaries of a municipal corporation, | 3424 |
unless the electing subdivision is the municipal corporation or | 3425 |
the municipal corporation adopts an ordinance that gives consent | 3426 |
to the electing subdivision to include such land. | 3427 |
Sec. 5722.03. (A) On and after the effective date of an | 3428 |
ordinance or resolution adopted pursuant to section 5722.02 of the | 3429 |
Revised Code, nonproductive land within an electing subdivision's | 3430 |
boundaries that the subdivision wishes to acquire and that has | 3431 |
either been advertised and offered for sale or is otherwise | 3432 |
available for acquisition pursuant to a foreclosure proceeding as | 3433 |
provided in section 323.25, sections 323.65 to 323.79, or section | 3434 |
5721.18 of the Revised Code, but is not sold for want of a minimum | 3435 |
bid, shall be sold or transferred to the electing subdivision in | 3436 |
the manner set forth in this section or sections 323.65 to 323.79 | 3437 |
of the Revised Code. | 3438 |
(B) Upon receipt of an ordinance or resolution under section | 3439 |
5722.02 of the Revised Code, the county prosecuting attorney shall | 3440 |
compile and deliver to the electing subdivision a list of all | 3441 |
delinquent land within the electing subdivision with respect to | 3442 |
which a foreclosure proceeding pursuant to section 323.25, | 3443 |
sections 323.65 to 323.79, or section 5721.18 of the Revised Code | 3444 |
has been instituted and is pending. The prosecuting attorney shall | 3445 |
notify the electing subdivision of the identity of all delinquent | 3446 |
land within the subdivision whenever a foreclosure proceeding | 3447 |
pursuant to section 323.25, sections 323.65 to 323.79, or section | 3448 |
5721.18 of the Revised Code is commenced with respect to that | 3449 |
land. | 3450 |
(C) The electing subdivision shall select from such lists the | 3451 |
delinquent lands that constitute nonproductive lands that it | 3452 |
wishes to acquire, and shall notify the prosecuting attorney of | 3453 |
its selection prior to the advertisement and sale of the | 3454 |
nonproductive lands pursuant to such a foreclosure proceeding, or | 3455 |
as otherwise provided in sections 323.65 to 323.79 of the Revised | 3456 |
Code. Notwithstanding the sales price provisions to the contrary | 3457 |
in division (A) of section 323.28 or in divisions (A)(1) and (C) | 3458 |
of section 5721.19 of the Revised Code, selected nonproductive | 3459 |
lands subject to a foreclosure proceeding pursuant to section | 3460 |
323.25, sections 323.65 to 323.79, or section 5721.18 of the | 3461 |
Revised Code that require a sale shall be advertised for sale and | 3462 |
be sold, without appraisal, for not less than the amount | 3463 |
determined under division (A)(1) of section 323.28 or sections | 3464 |
323.65 to 323.79 of the Revised Code in the case of selected | 3465 |
nonproductive lands subject to a foreclosure proceeding pursuant | 3466 |
to section 323.25 or sections 323.65 to 323.79 of the Revised | 3467 |
Code, or the amount determined under division (A)(2) of section | 3468 |
5721.19 in the case of selected nonproductive lands subject to a | 3469 |
foreclosure proceeding pursuant to section 5721.18 of the Revised | 3470 |
Code, or as prescribed in sections 323.65 to 323.79 of the Revised | 3471 |
Code. Except as otherwise authorized in section 323.78 of the | 3472 |
Revised Code, all nonproductive lands so selected, when advertised | 3473 |
for sale pursuant to a foreclosure proceeding, shall be advertised | 3474 |
separately from the advertisement applicable to other delinquent | 3475 |
lands. Notwithstanding division (A) of section 5721.191 of the | 3476 |
Revised Code, the minimum amount for which selected nonproductive | 3477 |
lands subject to a foreclosure proceeding pursuant to section | 3478 |
5721.18 of the Revised Code will be sold, as specified in the | 3479 |
advertisement for sale, shall equal the sum of the taxes, | 3480 |
assessments, charges, penalties, interest, and costs due on the | 3481 |
parcel as determined under division (A)(2) of section 5721.19 of | 3482 |
the Revised Code. Notwithstanding provisions to the contrary in | 3483 |
division (A) of section 323.28 of the Revised Code, the minimum | 3484 |
amount for which selected nonproductive lands subject to a | 3485 |
foreclosure proceeding pursuant to section 323.25 of the Revised | 3486 |
Code will be sold, as specified in the advertisement for sale, | 3487 |
shall equal the amount specified in division (A)(1) of section | 3488 |
323.28 of the Revised Code. The advertisement relating to the | 3489 |
selected nonproductive lands also shall include a statement that | 3490 |
the lands have been determined by the electing subdivision to be | 3491 |
nonproductive lands and that, if at a foreclosure sale no bid for | 3492 |
the appropriate amount specified in this division is received, | 3493 |
such lands shall be sold or transferred to the electing | 3494 |
subdivision. | 3495 |
(D) | 3496 |
3497 | |
by an electing subdivision is advertised and offered for sale at | 3498 |
3499 | |
want of a minimum bid, the electing subdivision that selected the | 3500 |
nonproductive land shall be deemed to have submitted the winning | 3501 |
bid at | 3502 |
sold to the electing subdivision for no consideration other than | 3503 |
the
| 3504 |
this section. If both a county and a township within that county | 3505 |
have adopted a resolution pursuant to section 5722.02 of the | 3506 |
Revised Code and both subdivisions select the same parcel or | 3507 |
parcels of land, the subdivision that first notifies the | 3508 |
prosecuting attorney of such selection shall be the electing | 3509 |
subdivision deemed to have submitted the winning bid under this | 3510 |
division. If a municipal corporation and a county land | 3511 |
reutilization corporation select the same parcel or parcels of | 3512 |
land, the municipal corporation shall be deemed the winning bidder | 3513 |
under this division. The officer conducting the sale shall | 3514 |
announce the bid of the electing subdivision at the sale and shall | 3515 |
report the proceedings to the court for confirmation of sale. | 3516 |
(E) Upon the sale or transfer of any nonproductive land to an | 3517 |
electing subdivision, the county auditor shall charge the costs, | 3518 |
as determined by the court, incurred in the foreclosure proceeding | 3519 |
instituted under section 323.25, sections 323.65 to 323.79, or | 3520 |
section 5721.18 of the Revised Code and applicable to the | 3521 |
nonproductive land to the taxing districts, including the electing | 3522 |
subdivision, in direct proportion to their interest in the taxes, | 3523 |
assessments, charges, penalties, and interest on the nonproductive | 3524 |
land due and payable at the time the land was sold pursuant to the | 3525 |
foreclosure proceeding. The interest of each taxing district in | 3526 |
the taxes, assessments, charges, penalties, and interest on the | 3527 |
nonproductive land shall bear the same proportion to the amount of | 3528 |
those taxes, assessments, charges, penalties, and interest that | 3529 |
the amount of taxes levied by each district against the | 3530 |
nonproductive land in the preceding tax year bears to the taxes | 3531 |
levied by all such districts against the nonproductive land in the | 3532 |
preceding tax year. For the purposes of this division, a county | 3533 |
land reutilization corporation shall be deemed to have the | 3534 |
proportionate interest of the county on whose behalf it has been | 3535 |
designated and organized in the taxes, assessments, charges, | 3536 |
penalties, and interest on the nonproductive land in that county. | 3537 |
In making a semiannual apportionment of funds, the auditor shall | 3538 |
retain at the next apportionment the amount charged to each such | 3539 |
taxing district, except that in the case of a county land | 3540 |
reutilization corporation acting on behalf of a county, the | 3541 |
auditor shall provide an invoice to the corporation for the amount | 3542 |
charged to it. | 3543 |
(F) The officer conducting the sale shall execute and file | 3544 |
for recording a deed conveying title to the land upon the filing | 3545 |
of the | 3546 |
nonproductive land is redeemed under section 323.31 or 5721.18 of | 3547 |
the Revised Code. If the alternative redemption period applies | 3548 |
under section 323.78 of the Revised Code, the officer shall not | 3549 |
execute the deed and file it for recording until the alternative | 3550 |
redemption period expires. In either case, once the deed has been | 3551 |
recorded, the officer shall deliver the deed to the electing | 3552 |
subdivision; thereupon, title to the land is incontestable in the | 3553 |
electing subdivision and free and clear of all liens and | 3554 |
encumbrances, except those easements and covenants of record | 3555 |
running with the land and created prior to the time at which the | 3556 |
taxes or assessments, for the nonpayment of which the land is sold | 3557 |
or transferred at foreclosure, became due and payable. | 3558 |
When title to a parcel of land upon which a lien has been | 3559 |
placed under section 715.261, 743.04, or 6119.06 of the Revised | 3560 |
Code is transferred to a county land reutilization corporation | 3561 |
under this section, the lien on the parcel shall be extinguished | 3562 |
if the lien is for costs or charges that were incurred before the | 3563 |
date of the transfer to the corporation and if the corporation did | 3564 |
not incur the costs or charges, regardless of whether the lien was | 3565 |
attached or the costs or charges were certified before the date of | 3566 |
transfer. In such a case, the corporation and its successors in | 3567 |
title shall take title to the property free and clear of any such | 3568 |
lien and shall be immune from liability in any action to collect | 3569 |
such costs or charges. | 3570 |
If a county land reutilization corporation takes title to | 3571 |
property under this chapter before any costs or charges have been | 3572 |
certified or any lien has been placed with respect to the property | 3573 |
under section 715.261, 743.04, or 6119.06 of the Revised Code, the | 3574 |
corporation shall be deemed a bona fide purchaser for value | 3575 |
without knowledge of such costs or lien, regardless of whether the | 3576 |
corporation had actual or constructive knowledge of the costs or | 3577 |
lien, and any such lien shall be void and unenforceable against | 3578 |
the corporation and its successors in title. | 3579 |
At the time of the sale or transfer, the officer shall | 3580 |
collect and the electing subdivision shall pay the fee required by | 3581 |
law for transferring and recording of deeds. In accordance with | 3582 |
section 1724.10 of the Revised Code, an electing subdivision that | 3583 |
is a county land reutilization corporation shall not be required | 3584 |
to pay any such fee. | 3585 |
The title is not invalid because of any irregularity, | 3586 |
informality, or omission of any proceedings under section 323.25, | 3587 |
sections 323.65 to 323.79, this chapter, or Chapter 5721. of the | 3588 |
Revised Code, or in any processes of taxation, if such | 3589 |
irregularity, informality, or omission does not abrogate any | 3590 |
provision of such chapters for notice to holders of title, lien, | 3591 |
or mortgage to, or other interests in, the foreclosed lands. | 3592 |
Sec. 5722.031. (A) If, in any foreclosure proceeding | 3593 |
initiated under section 323.25, sections 323.65 to 323.79, or | 3594 |
section 5721.18 of the Revised Code, a county board of revision, | 3595 |
court of common pleas, or municipal court issues a decree of | 3596 |
foreclosure, order of sale, order of transfer, or confirmation of | 3597 |
sale under section 5722.03 of the Revised Code that transfers a | 3598 |
delinquent parcel to an electing subdivision, the electing | 3599 |
subdivision may file a petition with the board or court to vacate | 3600 |
the decree, order, or confirmation of sale on the basis that such | 3601 |
electing subdivision does not wish to acquire the parcel. The | 3602 |
electing subdivision may file such a petition notwithstanding any | 3603 |
prior request by the electing subdivision or a party acting on | 3604 |
behalf of the electing subdivision to acquire the parcel. | 3605 |
If the electing subdivision files the petition within sixty | 3606 |
days after the journalization of the decree, order, or | 3607 |
confirmation of sale, the board or court shall vacate the decree, | 3608 |
order, or confirmation of sale. If the electing subdivision files | 3609 |
the petition more than sixty days after the journalization of the | 3610 |
decree, order, or confirmation of sale, the board or court may | 3611 |
vacate the decree, order, or confirmation of sale at its | 3612 |
discretion utilizing standards of review prescribed in or | 3613 |
consistent with Civil Rule 60. | 3614 |
(B) An electing subdivision that files a petition under | 3615 |
division (A) of this section shall not be required to intervene in | 3616 |
the proceeding to which the petition relates, but shall file the | 3617 |
petition in the same manner as would a party to the action. Upon | 3618 |
filing the petition, the electing subdivision shall serve notice | 3619 |
of the petition upon all parties to the action, except any party | 3620 |
that previously failed to answer, plead, or appear in the | 3621 |
proceeding as required in Civil Rule 12 or that is deemed to be in | 3622 |
default under division (C) of section 323.69 of the Revised Code. | 3623 |
(C) Upon the vacation of a decree, order, or confirmation of | 3624 |
sale under division (A) of this section, the court of common | 3625 |
pleas, municipal court, or board of revision shall reinstate the | 3626 |
proceeding and schedule any further hearing or disposition | 3627 |
required by law. The court or board shall not issue any further | 3628 |
decree, order, or confirmation of sale transferring the delinquent | 3629 |
parcel to the electing subdivision unless the electing subdivision | 3630 |
petitions the court or board to acquire the parcel under sections | 3631 |
323.28, 323.74, 323.78, 5721.19, or 5722.03 of the Revised Code at | 3632 |
least seven days before a scheduled final hearing or sale of the | 3633 |
parcel pursuant to the proceeding. In such a case, the electing | 3634 |
subdivision shall not file, and the court or board shall not | 3635 |
approve, any subsequent petition to vacate a decree, order, or | 3636 |
confirmation of sale transferring the parcel to the electing | 3637 |
subdivision. | 3638 |
Sec. 5722.04. (A) Upon receipt of an ordinance or resolution | 3639 |
adopted pursuant to section 5722.02 of the Revised Code, the | 3640 |
county auditor shall deliver to the electing subdivision a list of | 3641 |
all delinquent lands within an electing subdivision's boundaries | 3642 |
that have been forfeited to the state pursuant to section 5723.01 | 3643 |
of the Revised Code and thereafter shall notify the electing | 3644 |
subdivision of any additions to or deletions from such list. | 3645 |
The electing subdivision shall select from such lists the | 3646 |
forfeited lands that constitute nonproductive lands that the | 3647 |
subdivision wishes to acquire, and shall notify the county auditor | 3648 |
of its selection prior to the advertisement and sale of such | 3649 |
lands. Notwithstanding the sales price provisions of division | 3650 |
(A)(1) of section 5723.06 of the Revised Code, the selected | 3651 |
nonproductive lands shall be advertised for sale and be sold to | 3652 |
the highest bidder for an amount at least sufficient to pay the | 3653 |
amount determined under division (A)(2) of section 5721.16 of the | 3654 |
Revised Code. All nonproductive lands forfeited to the state and | 3655 |
selected by an electing subdivision, when advertised for sale | 3656 |
pursuant to the relevant procedures set forth in Chapter 5723. of | 3657 |
the Revised Code, shall be advertised separately from the | 3658 |
advertisement applicable to other forfeited lands. The | 3659 |
advertisement relating to the selected nonproductive lands also | 3660 |
shall include a statement that the lands have been selected by the | 3661 |
electing subdivision as nonproductive lands that it wishes to | 3662 |
acquire and that, if at the forfeiture sale no bid for the sum of | 3663 |
the taxes, assessments, charges, penalties, interest, and costs | 3664 |
due on the parcel as determined under division (A)(1)(a) of | 3665 |
section 5723.06 of the Revised Code is received, the lands shall | 3666 |
be sold to the electing subdivision. | 3667 |
(B) If any nonproductive land that has been forfeited to the | 3668 |
state and selected by an electing subdivision is advertised and | 3669 |
offered for sale by the auditor pursuant to Chapter 5723. of the | 3670 |
Revised Code, but no minimum bid is received, the electing | 3671 |
subdivision shall be deemed to have submitted the winning bid, and | 3672 |
the land is deemed sold to the electing subdivision for no | 3673 |
consideration other than the fee charged under division (C) of | 3674 |
this section. If both a county and a township in that county have | 3675 |
adopted a resolution pursuant to section 5722.02 of the Revised | 3676 |
Code and both subdivisions select the same parcel or parcels of | 3677 |
land, the electing subdivision deemed to have submitted the | 3678 |
winning bid under this division shall be determined pursuant to | 3679 |
division (D) of section 5722.03 of the Revised Code. | 3680 |
The auditor shall announce the bid at the sale and shall | 3681 |
declare the selected nonproductive land to be sold to the electing | 3682 |
subdivision. The auditor shall deliver to the electing subdivision | 3683 |
a certificate of sale. | 3684 |
(C) On the returning of the certificate of sale to the | 3685 |
auditor, the auditor shall execute and file for recording a deed | 3686 |
conveying title to the selected nonproductive land and, once the | 3687 |
deed has been recorded, deliver it to the electing subdivision. | 3688 |
Thereupon, all previous title is extinguished, and the title in | 3689 |
the electing subdivision is incontestable and free and clear from | 3690 |
all liens and encumbrances, except taxes and special assessments | 3691 |
that are not due at the time of the sale and any easements and | 3692 |
covenants of record running with the land and created prior to the | 3693 |
time at which the taxes or assessments, for the nonpayment of | 3694 |
which the nonproductive land was forfeited, became due and | 3695 |
payable. | 3696 |
When title to a parcel of land upon which a lien has been | 3697 |
placed under section 715.261, 743.04, or 6119.06 of the Revised | 3698 |
Code is transferred to a county land reutilization corporation | 3699 |
under this section, the lien on the parcel shall be extinguished | 3700 |
if the lien is for costs or charges that were incurred before the | 3701 |
date of the transfer to the corporation and if the corporation did | 3702 |
not incur the costs or charges, regardless of whether the lien was | 3703 |
attached or the costs or charges were certified before the date of | 3704 |
transfer. In such a case, the corporation and its successors in | 3705 |
title shall take title to the property free and clear of any such | 3706 |
lien and shall be immune from liability in any action to collect | 3707 |
such costs or charges. | 3708 |
If a county land reutilization corporation takes title to | 3709 |
property before any costs or charges have been certified or any | 3710 |
lien has been placed with respect to the property under section | 3711 |
715.261, 743.04, or 6119.06 of the Revised Code, the corporation | 3712 |
shall be deemed a bona fide purchaser for value without knowledge | 3713 |
of such costs or lien, regardless of whether the corporation had | 3714 |
actual or constructive knowledge of the costs or lien, and any | 3715 |
such lien shall be void and unenforceable against the corporation | 3716 |
and its successors in title. | 3717 |
At the time of the sale, the auditor shall collect and the | 3718 |
electing subdivision shall pay the fee required by law for | 3719 |
transferring and recording of deeds. | 3720 |
Upon delivery of a deed conveying any nonproductive land to | 3721 |
an electing subdivision, the county auditor shall charge all costs | 3722 |
incurred in any proceeding instituted under section 5721.14 or | 3723 |
5721.18 of the Revised Code or incurred as a result of the | 3724 |
forfeiture and sale of the nonproductive land to the taxing | 3725 |
districts, including the electing subdivision, in direct | 3726 |
proportion to their interest in the taxes, assessments, charges, | 3727 |
interest, and penalties on the nonproductive land due and payable | 3728 |
at the time the land was sold at the forfeiture sale. The interest | 3729 |
of each taxing district in the taxes, assessments, charges, | 3730 |
penalties, and interest on the nonproductive land shall bear the | 3731 |
same proportion to the amount of those taxes, assessments, | 3732 |
charges, penalties, and interest that the amount of taxes levied | 3733 |
by each district against the nonproductive land in the preceding | 3734 |
tax year bears to the taxes levied by all such districts against | 3735 |
the nonproductive land in the preceding tax year. For the purposes | 3736 |
of this division, a county land reutilization corporation shall be | 3737 |
deemed to have the proportionate interest as the county | 3738 |
designating or organizing such corporation in the taxes, | 3739 |
assessments, charges, penalties, and interest on the nonproductive | 3740 |
land in the county. In making a semiannual apportionment of funds, | 3741 |
the auditor shall retain at the next apportionment the amount | 3742 |
charged to each such taxing district, except for a county land | 3743 |
reutilization corporation acting on behalf of a county, the | 3744 |
auditor shall invoice the corporation the amount charged to it. | 3745 |
(D) | 3746 |
purchase a parcel of land at a foreclosure sale, any lands | 3747 |
otherwise forfeited to the state for want of a bid at the | 3748 |
foreclosure sale may, upon the request of a county land | 3749 |
reutilization corporation, be transferred directly to the | 3750 |
corporation without appraisal or public bidding. | 3751 |
Sec. 5722.07. As used in this section, "fair market value" | 3752 |
means the appraised value of the nonproductive land made with | 3753 |
reference to such redevelopment and reutilization restrictions as | 3754 |
may be imposed by the electing subdivision as a condition of sale | 3755 |
or as may be otherwise applicable to such land. | 3756 |
An electing subdivision may, without competitive bidding, | 3757 |
sell any land acquired by it as a part of its land reutilization | 3758 |
program at such times, to such persons, and upon such terms and | 3759 |
conditions, and subject to such restrictions and covenants as it | 3760 |
deems necessary or appropriate to assure the land's effective | 3761 |
reutilization. Except with respect to a sale by or to a county | 3762 |
land reutilization corporation, such land shall be sold at not | 3763 |
less than its fair market value. However, except with respect to | 3764 |
land held by a county land reutilization corporation, upon the | 3765 |
approval of the legislative authorities of those taxing districts | 3766 |
entitled to share in the proceeds from the sale thereof, the | 3767 |
electing subdivision may either retain such land for devotion by | 3768 |
it to public use, or sell, lease, or otherwise transfer any such | 3769 |
land to another political subdivision for the devotion to public | 3770 |
use by such political subdivision for a consideration less than | 3771 |
fair market value. | 3772 |
Whenever an electing subdivision sells any land acquired as | 3773 |
part of its land reutilization program for an amount equal to or | 3774 |
greater than fair market value, it shall execute and deliver all | 3775 |
agreements and instruments incident thereto. The electing | 3776 |
subdivision may execute and deliver all agreements and instruments | 3777 |
without procuring any approval, consent, conveyance, or other | 3778 |
instrument from any other person or entity, including the other | 3779 |
taxing districts entitled to share in the proceeds from the sale | 3780 |
thereof. | 3781 |
An electing subdivision may, for purposes of land | 3782 |
disposition, consolidate, assemble, or subdivide individual | 3783 |
parcels of land acquired as part of its land reutilization | 3784 |
program. | 3785 |
Sec. 5722.10. An electing subdivision may accept a | 3786 |
conveyance in lieu of foreclosure of | 3787 |
3788 | |
the consent of the county auditor acting as the agent of the state | 3789 |
pursuant to section 5721.09 of the Revised Code. If an electing | 3790 |
subdivision or county land reutilization corporation certifies to | 3791 |
the auditor in writing that the delinquent land is abandoned land | 3792 |
as defined in section 323.65 of the Revised Code, the auditor | 3793 |
shall consent to the conveyance. If the electing subdivision or | 3794 |
county land reutilization corporation does not certify to the | 3795 |
auditor in writing that the delinquent land is abandoned land, the | 3796 |
auditor may consent to the conveyance for any reason authorized in | 3797 |
this chapter. The owners or the electing municipal corporation or | 3798 |
township shall pay all expenses incurred by the county in | 3799 |
connection with any foreclosure or foreclosure and forfeiture | 3800 |
proceeding filed pursuant to section 323.25, sections 323.65 to | 3801 |
323.79, or section 5721.18 or 5721.14 of the Revised Code relative | 3802 |
to such land. When the electing subdivision is the county or | 3803 |
county land reutilization corporation acting on behalf of a | 3804 |
county, it may require the owner to pay the expenses. The owner | 3805 |
shall present the electing subdivision with evidence satisfactory | 3806 |
to the subdivision that it will obtain by such conveyance fee | 3807 |
simple title to such delinquent land. Unless otherwise agreed to | 3808 |
by the electing subdivision accepting the conveyance, the title | 3809 |
shall be free and clear of all liens and encumbrances, except such | 3810 |
easements and covenants of record running with the land as were | 3811 |
created prior to the time of the conveyance and delinquent taxes, | 3812 |
assessments, penalties, interest, and charges, and taxes and | 3813 |
special assessments that are a lien on the real property at the | 3814 |
time of the conveyance. Any costs, charges, or liens that have | 3815 |
been assessed, certified, or placed under section 715.261, 743.04, | 3816 |
or 6119.06 of the Revised Code with respect to real property | 3817 |
acquired by or transferred to a county land reutilization | 3818 |
corporation under this section shall, at the time of the | 3819 |
conveyance to the corporation, be extinguished and of no force and | 3820 |
effect as against the corporation, its successors, or its | 3821 |
assignees, provided that the lien is for charges or costs that | 3822 |
were incurred before the date of transfer to the corporation and | 3823 |
that were not incurred by the corporation. | 3824 |
Real property acquired by an electing subdivision under this | 3825 |
section shall not be subject to foreclosure or forfeiture under | 3826 |
Chapter 5721. or 5723. of the Revised Code. The sale or other | 3827 |
transfer, as authorized by section 5722.07 of the Revised Code, of | 3828 |
real property acquired under this section shall extinguish the | 3829 |
lien on the title for all taxes, assessments, penalties, interest, | 3830 |
and charges delinquent at the time of the conveyance of the | 3831 |
delinquent land to the electing subdivision. | 3832 |
Sec. 5722.11. All lands acquired and held by an electing | 3833 |
subdivision pursuant to this chapter shall be deemed real property | 3834 |
used for a public purpose and, notwithstanding section 5709.08 of | 3835 |
the Revised Code, shall be exempt from taxation until sold. The | 3836 |
exemption of such property shall be governed by the provisions of | 3837 |
division (F) of section 5709.12 of the Revised Code, regardless of | 3838 |
the manner in which such property is acquired. | 3839 |
Sec. 5723.04. (A) The county auditor shall maintain a list | 3840 |
of forfeited lands and shall offer such lands for sale annually, | 3841 |
or more frequently if the auditor determines that more frequent | 3842 |
sales are necessary. | 3843 |
(B) Notwithstanding division (A) of this section, upon the | 3844 |
request of a county land reutilization corporation organized under | 3845 |
Chapter 1724. of the Revised Code, the county auditor shall | 3846 |
promptly transfer to such corporation, by auditor's deed, the fee | 3847 |
simple title to a parcel on the list of forfeited lands, which | 3848 |
shall pass to such corporation free and clear of all taxes, | 3849 |
assessments, charges, penalties, interest, and costs. | 3850 |
to division (C) of this section, any subordinate liens shall be | 3851 |
deemed fully and forever satisfied and discharged. Upon such | 3852 |
request, the land is deemed sold by the state for no | 3853 |
consideration. The county land reutilization corporation shall | 3854 |
file the deed for recording. | 3855 |
(C) When title to a parcel of land upon which a lien has been | 3856 |
placed under section 715.261, 743.04, or 6119.06 of the Revised | 3857 |
Code is transferred to a county land reutilization corporation | 3858 |
under this section, the lien on the parcel shall be extinguished | 3859 |
if the lien is for costs or charges that were incurred before the | 3860 |
date of the transfer to the corporation and if the corporation did | 3861 |
not incur the costs or charges, regardless of whether the lien was | 3862 |
attached or the costs or charges were certified before the date of | 3863 |
transfer. In such a case, the corporation and its successors in | 3864 |
title shall take title to the property free and clear of any such | 3865 |
lien and shall be immune from liability in any action to collect | 3866 |
such costs or charges. | 3867 |
If a county land reutilization corporation takes title to | 3868 |
property before any costs or charges have been certified or any | 3869 |
lien has been placed with respect to the property under section | 3870 |
715.261, 743.04, or 6119.06 of the Revised Code, the corporation | 3871 |
shall be deemed a bona fide purchaser for value without knowledge | 3872 |
of such costs or lien, regardless of whether the corporation had | 3873 |
actual or constructive knowledge of the costs or lien, and any | 3874 |
such lien shall be void and unenforceable against the corporation | 3875 |
and its successors in title. | 3876 |
Sec. 5723.12. (A) The county auditor, on making a sale of a | 3877 |
tract of land to any person under this chapter, shall give the | 3878 |
purchaser a certificate of sale. On producing or returning to the | 3879 |
auditor the certificate of sale, the auditor, on payment to the | 3880 |
auditor by the purchaser, the purchaser's heirs, or assigns, of | 3881 |
the sum of forty-five dollars, shall execute and file for | 3882 |
recording a deed, which deed shall be prima-facie evidence of | 3883 |
title in the purchaser, the purchaser's heirs, or assigns. Once | 3884 |
the deed has been recorded, the county auditor shall deliver the | 3885 |
deed to the purchaser. At the time of the sale, the county auditor | 3886 |
shall collect and the purchaser shall pay the fee required by law | 3887 |
for the recording of deeds. In the case of land sold to the state | 3888 |
under division (B) of section 5723.06 of the Revised Code, the | 3889 |
director of natural resources or a county land reutilization | 3890 |
corporation shall execute and file for recording the deed, and pay | 3891 |
the fee required by law for transferring deeds directly to the | 3892 |
county auditor and recording deeds directly to the county | 3893 |
recorder. | 3894 |
(B) Except as otherwise provided in division (C) of this | 3895 |
section and except for foreclosures to which the alternative | 3896 |
redemption period has expired under sections 323.65 to 323.79 of | 3897 |
the Revised Code, when a tract of land has been duly forfeited to | 3898 |
the state and sold under this chapter, the conveyance of the real | 3899 |
estate by the auditor shall extinguish all previous title and | 3900 |
invest the purchaser with a new and perfect title that is free | 3901 |
from all liens and encumbrances, except taxes and installments of | 3902 |
special assessments and reassessments not due at the time of the | 3903 |
sale, federal tax liens other than federal tax liens that are | 3904 |
discharged in accordance with subsection (b) or (c) of section | 3905 |
7425 of the "Internal Revenue Code of 1954," 68A Stat. 3, 26 | 3906 |
U.S.C. 1, as amended, and any easements and covenants running with | 3907 |
the land that were created prior to the time the taxes or | 3908 |
assessments, for the nonpayment of which the land was forfeited, | 3909 |
became due and payable and except that, if there is a federal tax | 3910 |
lien on the tract of land at the time of the sale, the United | 3911 |
States is entitled to redeem the tract of land at any time within | 3912 |
one hundred twenty days after the sale pursuant to subsection (d) | 3913 |
of section 7425 of the "Internal Revenue Code of 1954," 68A Stat. | 3914 |
3, 26 U.S.C. 1, as amended. | 3915 |
(C) | 3916 |
3917 | |
3918 | |
that was foreclosed upon as a result of proceedings for | 3919 |
foreclosure instituted under section 323.25, sections 323.65 to | 3920 |
323.79, or division (C) of section 5721.18 of the Revised Code is | 3921 |
sold or transferred to any person, including a county land | 3922 |
reutilization corporation, under this chapter, the conveyance of | 3923 |
the real estate by the auditor shall extinguish all previous title | 3924 |
and invest the purchaser or transferee with a new title free from | 3925 |
the lien for land taxes, assessments, charges, penalties, and | 3926 |
interest for which the lien was foreclosed, the property was | 3927 |
forfeited to the state, and in satisfaction of which the property | 3928 |
was sold or transferred under this chapter | 3929 |
3930 | |
such cases, the purchaser or transferee shall be deemed a bona | 3931 |
fide purchaser for value in accordance with division (C) of | 3932 |
section 5723.04 of the Revised Code. | 3933 |
Sec. 6119.06. Upon the declaration of the court of common | 3934 |
pleas organizing the regional water and sewer district pursuant to | 3935 |
section 6119.04 of the Revised Code and upon the qualifying of its | 3936 |
board of trustees and the election of a president and a secretary, | 3937 |
said district shall exercise in its own name all the rights, | 3938 |
powers, and duties vested in it by Chapter 6119. of the Revised | 3939 |
Code, and, subject to such reservations, limitations and | 3940 |
qualifications as are set forth in this | 3941 |
district may: | 3942 |
(A) Adopt bylaws for the regulation of its affairs, the | 3943 |
conduct of its business, and notice of its actions; | 3944 |
(B) Adopt an official seal; | 3945 |
(C) Maintain a principal office and suboffices at such places | 3946 |
within the district as it designates; | 3947 |
(D) Sue and plead in its own name; be sued and impleaded in | 3948 |
its own name with respect to its contracts or torts of its | 3949 |
members, employees, or agents acting within the scope of their | 3950 |
employment, or to enforce its obligations and covenants made under | 3951 |
sections 6119.09, 6119.12, and 6119.14 of the Revised Code. Any | 3952 |
such actions against the district shall be brought in the court of | 3953 |
common pleas of the county in which the principal office of the | 3954 |
district is located, or in the court of common pleas of the county | 3955 |
in which the cause of action arose, and all summonses, exceptions, | 3956 |
and notices of every kind shall be served on the district by | 3957 |
leaving a copy thereof at the principal office with the person in | 3958 |
charge thereof or with the secretary of the district. | 3959 |
(E) Assume any liability or obligation of any person or | 3960 |
political subdivision, including a right on the part of such | 3961 |
district to indemnify and save harmless the other contracting | 3962 |
party from any loss, cost, or liability by reason of the failure, | 3963 |
refusal, neglect, or omission of such district to perform any | 3964 |
agreement assumed by it or to act or discharge any such | 3965 |
obligation; | 3966 |
(F) Make loans and grants to political subdivisions for the | 3967 |
acquisition or construction of water resource projects by such | 3968 |
political subdivisions and adopt rules, regulations, and | 3969 |
procedures for making such loans and grants; | 3970 |
(G) Acquire, construct, reconstruct, enlarge, improve, | 3971 |
furnish, equip, maintain, repair, operate, lease or rent to or | 3972 |
from, or contract for operation by or for, a political subdivision | 3973 |
or person, water resource projects within or without the district; | 3974 |
(H) Make available the use or service of any water resource | 3975 |
project to one or more persons, one or more political | 3976 |
subdivisions, or any combination thereof; | 3977 |
(I) Levy and collect taxes and special assessments; | 3978 |
(J) Issue bonds and notes and refunding bonds and notes as | 3979 |
provided in Chapter 6119. of the Revised Code; | 3980 |
(K) Acquire by gift or purchase, hold, and dispose of real | 3981 |
and personal property in the exercise of its powers and the | 3982 |
performance of its duties under Chapter 6119. of the Revised Code; | 3983 |
(L) Dispose of, by public or private sale, or lease any real | 3984 |
or personal property determined by the board of trustees to be no | 3985 |
longer necessary or needed for the operation or purposes of the | 3986 |
district; | 3987 |
(M) Acquire, in the name of the district, by purchase or | 3988 |
otherwise, on such terms and in such manner as it considers | 3989 |
proper, or by the exercise of the right of condemnation in the | 3990 |
manner provided by section 6119.11 of the Revised Code, such | 3991 |
public or private lands, including public parks, playgrounds, or | 3992 |
reservations, or parts thereof or rights therein, rights-of-way, | 3993 |
property, rights, easements, and interests as it considers | 3994 |
necessary for carrying out Chapter 6119. of the Revised Code, but | 3995 |
excluding the acquisition by the exercise of the right of | 3996 |
condemnation of any waste water facility or water management | 3997 |
facility owned by any person or political subdivision, and | 3998 |
compensation shall be paid for public or private lands so taken; | 3999 |
(N) Adopt rules and regulations to protect augmented flow by | 4000 |
the district in waters of the state, to the extent augmented by a | 4001 |
water resource project, from depletion so it will be available for | 4002 |
beneficial use, to provide standards for the withdrawal from | 4003 |
waters of the state of the augmented flow created by a water | 4004 |
resource project which is not returned to the waters of the state | 4005 |
so augmented, and to establish reasonable charges therefor, if | 4006 |
considered necessary by the district; | 4007 |
(O) Make and enter into all contracts and agreements and | 4008 |
execute all instruments necessary or incidental to the performance | 4009 |
of its duties and the execution of its powers under Chapter 6119. | 4010 |
of the Revised Code; | 4011 |
(P) Enter into contracts with any person or any political | 4012 |
subdivision to render services to such contracting party for any | 4013 |
service the district is authorized to provide; | 4014 |
(Q) Enter into agreements for grants or the receipt and | 4015 |
repayment of loans from a board of township trustees under section | 4016 |
505.705 of the Revised Code; | 4017 |
(R) Make provision for, contract for, or sell any of its | 4018 |
by-products or waste; | 4019 |
(S) Exercise the power of eminent domain in the manner | 4020 |
provided in Chapter 6119. of the Revised Code; | 4021 |
(T) Remove or change the location of any fence, building, | 4022 |
railroad, canal, or other structure or improvement located in or | 4023 |
out of the district, and in case it is not feasible or economical | 4024 |
to move any such building, structure, or improvement situated in | 4025 |
or upon lands required, and if the cost is determined by the board | 4026 |
to be less than that of purchase or condemnation, to acquire land | 4027 |
and construct, acquire, or install therein or thereon buildings, | 4028 |
structures, or improvements similar in purpose, to be exchanged | 4029 |
for such buildings, structures, or improvements under contracts | 4030 |
entered into between the owner thereof and the district; | 4031 |
(U) Receive and accept, from any federal or state agency, | 4032 |
grants for or in aid of the construction of any water resource | 4033 |
project, and receive and accept aid or contributions from any | 4034 |
source of money, property, labor, or other things of value, to be | 4035 |
held, used, and applied only for the purposes for which such | 4036 |
grants and contributions are made; | 4037 |
(V) Purchase fire and extended coverage and liability | 4038 |
insurance for any water resource project and for the principal | 4039 |
office and suboffices of the district, insurance protecting the | 4040 |
district and its officers and employees against liability for | 4041 |
damage to property or injury to or death of persons arising from | 4042 |
its operations, and any other insurance the district may agree to | 4043 |
provide under any resolution authorizing its water resource | 4044 |
revenue bonds or in any trust agreement securing the same; | 4045 |
(W) Charge, alter, and collect rentals and other charges for | 4046 |
the use of services of any water resource project as provided in | 4047 |
section 6119.09 of the Revised Code. Such district may refuse the | 4048 |
services of any of its projects if any of such rentals or other | 4049 |
charges, including penalties for late payment, are not paid by the | 4050 |
user thereof, and, if such rentals or other charges are not paid | 4051 |
when due and upon certification of nonpayment to the county | 4052 |
auditor, such rentals or other charges constitute a lien upon the | 4053 |
property so served, shall be placed by the auditor upon the real | 4054 |
property tax list and duplicate, and shall be collected in the | 4055 |
same manner as other taxes. | 4056 |
When title to property is transferred to a county land | 4057 |
reutilization corporation, any lien placed on the property under | 4058 |
this division shall be extinguished, and the corporation shall not | 4059 |
be held liable for any rentals or charges certified under this | 4060 |
division with respect to the property, if the rentals or charges | 4061 |
were incurred before the date of the transfer to the corporation | 4062 |
and if the corporation did not incur the rentals or charges, | 4063 |
regardless of whether the rentals or charges were certified, or | 4064 |
the lien was attached, before the date of transfer. In such a | 4065 |
case, the corporation and its successors in title shall take title | 4066 |
to the property free and clear of any such lien and shall be | 4067 |
immune from liability in any collection action brought with | 4068 |
respect to such rentals or charges. If a lien placed on property | 4069 |
is extinguished as provided in this division, the district shall | 4070 |
retain the ability to recoup the rents and charges incurred with | 4071 |
respect to the property from any owner, tenant, or other person | 4072 |
liable to pay such rents and charges before the property was | 4073 |
transferred to the corporation. | 4074 |
(X) Provide coverage for its employees under Chapters 145., | 4075 |
4123., and 4141. of the Revised Code; | 4076 |
(Y) Merge or combine with any other regional water and sewer | 4077 |
district into a single district, which shall be one of the | 4078 |
constituent districts, on terms so that the surviving district | 4079 |
shall be possessed of all rights, capacity, privileges, powers, | 4080 |
franchises, and authority of the constituent districts and shall | 4081 |
be subject to all the liabilities, obligations, and duties of each | 4082 |
of the constituent districts and all rights of creditors of such | 4083 |
constituent districts shall be preserved unimpaired, limited in | 4084 |
lien to the property affected by such liens immediately prior to | 4085 |
the time of the merger and all debts, liabilities, and duties of | 4086 |
the respective constituent districts shall thereafter attach to | 4087 |
the surviving district and may be enforced against it, and such | 4088 |
other terms as are agreed upon, provided two-thirds of the members | 4089 |
of each of the boards consent to such merger or combination. Such | 4090 |
merger or combination shall become legally effective unless, prior | 4091 |
to the ninetieth day following the later of the consents, | 4092 |
qualified electors residing in either district equal in number to | 4093 |
a majority of the qualified electors voting at the last general | 4094 |
election in such district file with the secretary of the board of | 4095 |
trustees of their regional water and sewer district a petition of | 4096 |
remonstrance against such merger or combination. The secretary | 4097 |
shall cause the board of elections of the proper county or | 4098 |
counties to check the sufficiency of the signatures on such | 4099 |
petition. | 4100 |
(Z) Exercise the powers of the district without obtaining the | 4101 |
consent of any other political subdivision, provided that all | 4102 |
public or private property damaged or destroyed in carrying out | 4103 |
the powers of the district shall be restored or repaired and | 4104 |
placed in its original condition as nearly as practicable or | 4105 |
adequate compensation made therefor by the district; | 4106 |
(AA) Require the owner of any premises located within the | 4107 |
district to connect the owner's premises to a water resource | 4108 |
project determined to be accessible to such premises and found to | 4109 |
require such connection so as to prevent or abate pollution or | 4110 |
protect the health and property of persons in the district. Such | 4111 |
connection shall be made in accordance with procedures established | 4112 |
by the board of trustees of such district and pursuant to such | 4113 |
orders as the board may find necessary to ensure and enforce | 4114 |
compliance with such procedures. | 4115 |
(BB) Do all acts necessary or proper to carry out the powers | 4116 |
granted in Chapter 6119. of the Revised Code. | 4117 |
Section 2. That existing sections 317.32, 321.261, 323.131, | 4118 |
323.25, 323.28, 323.47, 323.65, 323.69, 323.70, 323.71, 323.73, | 4119 |
323.78, 323.79, 715.261, 743.04, 1724.02, 1724.10, 2303.201, | 4120 |
2744.01, 5709.12, 5721.01, 5721.03, 5721.14, 5721.18, 5721.19, | 4121 |
5721.36, 5722.01, 5722.03, 5722.04, 5722.07, 5722.10, 5722.11, | 4122 |
5723.04, 5723.12, and 6119.06 of the Revised Code are hereby | 4123 |
repealed. | 4124 |